Illinois Bar Journal

The COVID-19 pandemic has affected each area of law in different ways, but common themes overlap all practices, including the signing and witnessing of documents, writes Daniel C. Katzman in his March 2020 Illinois Bar Journal article,"Are E-Signatures E-nough?" Court pleadings, settlement documents, purchase agreements, and estate-planning paperwork are a few examples of the countless legal draftings that require multiple signatures. With many lawyers being socially distanced from their offices, staff, and clients, electronic signatures have come to the forefront as a convenient and beneficial tool to the practice of law. Although many lawyers may cringe at the notion of e-anything, e-signatures have been utilized for years, Katzman asks whether e-signatures really can be as legally acceptable as pen-and-paper signatures. 

For more than 50 years, the Illinois State Bar Association (ISBA) has conducted a Judicial Advisory Poll of attorneys to provide Illinois’ legal community and voting public with information on judicial candidates. The poll, which is supervised by the ISBA’s Standing Committee on Judicial Advisory Polls, represents one of the most important and publicly visible functions that the ISBA performs. In their 2021 February Illinois Bar Journal article, “The ISBA Judicial Advisory Poll: Myths and Misconceptions,” members of the ISBA’s Standing Committee on Judiciary Advisory Polls examine common issues raised regarding the ISBA poll. The authors explain the committee’s work and how it arrives at its findings and positions. The article also describes the committee’s use of expertise in statistics and research methodology to help guide its decision making and evaluation of its procedures.

After more than four decades of practice in estate planning, estate administration, and real estate law, Gary Gehlbach (also, a member of the Illinois Bar Journal Editorial Board) shares a plethora of tips he has accrued over the years and that came to him during restless nights and in half-conscious streams, usually around 5 a.m. The 17 tips--all easily digestible and highly practical--include “address all contingencies,” “don’t use a legal life estate,” “avoid absolutes,” and “consider potential beneficiaries with special needs.” With nearly every tip, Gehlbach provides good reasons for it and an example or two from his practice.   

A right of first refusal (ROFR) is an agreement giving its holder the right to purchase property in certain circumstances. ROFRs usually concern real estate, but they can cover any type of property. Generally, ROFRs provide that if an owner receives a bona fide offer to buy its property on terms it wishes to accept, the owner must give the ROFR holder notice of the offer and the opportunity to match it. The ROFR holder has no obligation to match the offer and it can refuse to do so. In that instance, the owner is free to sell the property to the offeror. If the ROFR holder does match the offer, the holder has the right to buy the property and the owner must sell it to the ROFR holder. But as Mitchell L. Marinello and Andrew P. Shelby demonstrate in their January 2021 Illinois Bar Journal article, “Right of First Refusal, Right?” under the peculiarities of Illinois law, ROFRs generally are enforceable but can lead to litigation, specifically when a property’s ROFR provisions may not be considered definite enough to be enforced.