Illinois Bar Journal

While cash bail may be going away in Illinois, other pretrial release requirements remain. In his April Illinois Bar Journal article, “What Is So Special About a Bond Review?,” Jarrad Woodson reinforces why a bond review may set the tone and control pressure points of your client’s case from the very beginning. If your clients cannot afford their bail, or if bail is denied, the burden of getting them out of custody will always be present. Even if your client is waiting the case out from home, the conditions of bond could be so oppressive they make your client a prisoner there as well. Therefore, arguing effectively at the bond review stage is crucial. Your client already went through bond court, so why ask for a bond review? Ideally, Woodson notes, officials at the bond-court level do their best to work together for a fair initial bond, but sometimes this does not happen. The bond court churns and turns cases quickly. Important information about a defendant can get misplaced. This is where the beauty of bond reviews come in: You get another chance.

Traditionally a safeguard exclusively available to journalists, shield laws in many jurisdictions have gradually broadened in scope and now protect material generated and relied upon by many professionals when conducting research for publication. But according to Daniel Schwartz in his April Illinois Bar Journal article, “Discovery Orders and the Peer-Review Privilege,” few cases in Illinois discuss the applicability of shield laws to medical research. Whether—and to what extent—medical research is discoverable therefore remains an unsettled issue, Schwartz argues. To bring coherency to Illinois law governing discovery requests for medical research, Schwartz examines discovery requests litigated under the Illinois Medical Studies Act and several state and federal discovery provisions. He also highlights the factual and doctrinal significance of the cases discussed and notes important considerations for legal practitioners seeking to issue or bar a request to produce medical research.

Every client and trial are different. But successful trial lawyers know that winning a case requires deep preparation and attention to detail that begin long before jurors are seated and the trial starts. Recently, in an ISBA CLE titled The Eight Things Every Trial Lawyer Should Know, Illinois attorneys and judges shared characteristics all good trial attorneys have in common. The Illinois Bar Journal features their key takeaways in the April 2021issue.

Their tips and tricks cover eight aspects of trial law: presenting and arguing motions in limine, selecting a jury, making objections, establishing proofs through direct examination, controlling a witness on cross examination, handling the jury instructions conference, delivering a closing argument, and maintaining professionalism during an adversarial process.

In his March 2021 Illinois Bar Journal article, “A Promise of Clear Title,” Philip J. Vacco asks whether the term “warranty deed” must be interpreted as imposing upon the seller an obligation to provide a general warranty deed. In the author’s opinion, the answer is “no.” If we give the language used in these contracts its plain meaning, Vacco writes, the seller is obligated to provide a warranty deed but, without further specification, the seller is left to his own accord as to what type of warranty deed he will deliver to meet this obligation. Given these options, Vacco asks why anyone would allow their client to provide a general warranty deed when the use of a special warranty deed meets the seller’s contract obligations.