Child custody laws, driving with cannabis in one’s system, probating wills and estates—state laws addressing these and many other matters are often crafted with feedback from the ISBA, whose members have a seat at the legislative table because of their ISBA section involvement and the Association’s legislative affairs program. It is often said that the Association’s dozens of sections (and its special committees and task forces) represent its beating heart. Most of the ISBA’s networking, continuing legal education, and legislative involvement take place through these specialized groups. The October Illinois Bar Journal devotes its cover story to the tactics and strategies of the ISBA’s rigorous, hands-on legislative affairs program in which ISBA members are given an opportunity to shape the bills that often end up on the governor’s desk.
Illinois Bar Journal
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October 5, 2020 | Practice News

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September 28, 2020 | Practice News

In “Public Records Shortcuts,” the title of Jesse Bowman’s Finding Illinois Law column in the September issue of the Illinois Bar Journal, Bowman, associate law librarian for technology initiatives and instruction at Northwestern Pritzker School of Law’s Pritzker Legal Research Center, summarizes two free internet tools that can be used to search more than 70,000 public databases on the internet. Bowman compares these two services (Search Systems and BRB Publications), demonstrates how they work, and lists their pros and cons. Similar, more powerful search tools are available for a price, Bowman notes. But why not take these free services for a test run and see what they can do?
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September 21, 2020 | Practice News

Ordinarily, an estate is taxed based on the value of its assets as of the decedent’s date of death. But for federal estate tax purposes, an alternate valuation date could be selected if it results in both the gross estate and the estate tax being reduced. The alternate valuation date is the date six months after the date of death. Utilizing the alternate valuation date would thus necessitate the filing of a federal estate tax return. In his September Illinois Bar Journal article, “COVID-19, Death, and Taxes,” Richard Hirschtritt discusses whether an Illinois resident who owns publicly traded stock, commercial real estate with an Illinois situs, and/or a business that has been adversely affected by the COVID-19 pandemic and has died within six months prior to the onset of the COVID-19 outbreak is subject to state or federal estate taxes.
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September 14, 2020 | Practice News

The Illinois Workers’ Compensation Act provides financial protection to employees whose earning power has been temporarily diminished or terminated due to a work injury. The system is designed to replace income lost when an employee suffers an injury. The Act also provides some protections for injured employees and specifically prohibits a retaliatory discharge for exercising workers’ compensation rights. But when do retaliatory discharge claims have merit? In Daniel C. Katzman’s September Illinois Bar Journal article, “Falling Into a Pink Slip,” Katzman explores protections provided to employees who are injured in their employment, the obligations employers have to injured employees, and what cases decided by Illinois courts have to say about the rights of the employer and injured employee.
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September 4, 2020 | Practice News

Despite the finality of the new federal Title IX regulations, uncertainty remains. The American Civil Liberties Union and others have challenged the Final Rule in court. Presidential candidate Joe Biden has vowed to overturn it if elected. State laws—including in Illinois—and even other federal laws require more stringent standards when addressing similar complaints. And the Final Rule has yet to be interpreted by U.S. Department of Education’s Office of Civil Rights and the courts. In her September Illinois Bar Journal article, “It’s Time for Title IX: New Rule, New Regime,” Jackie Gharapour Wernz provides a deep dive into the controversial new Rule.
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August 31, 2020 | Practice News

For its September 2020 cover article, the Illinois Bar Journal spoke with a handful of speakers who will be presenting at the Illinois State Bar Association’s Solo and Small Firm Conference on Oct. 29-30. The conference, offered virtually this year, will present advice and perspectives on how to set priorities, manage one’s time, and keep in close touch with clients all while exploiting the nimble advantages of being a solo or small firm. Another prominent theme will reframe success during the COVID-19 pandemic and economic downturn and set the foundation for long-term success. Among key takeaways: Solo practitioners and small-firm attorneys would be wise to redouble their focus on communication and problem solving.
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August 24, 2020 | Practice News

Zoom has become the prevalent videoconferencing platform of the pandemic era. But there are other high-quality options, says Affinity Consulting’s Jeffrey R. Schoenberger in his Practice HQ column in the August Illinois Bar Journal. In the column, “Weaving a Virtual Presence: Web Meetings,” Schoenberger highlights the differences between Zoom, Microsoft Teams, Google Meet, and GoToMeeting. He also points out their respective features and benefits. Maybe you like what you’re using. But perhaps you’ve been too busy to try anything else. Heading into autumn, now is the time to explore other options and see what works best.
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August 17, 2020 | Practice News

In their August 2020 article, “Discovery Wars,” Madhavi K. Seth and Vikram S. Arora explore Illinois and federal professional and procedural rules when preparing a client’s employees as knowledgeable witnesses and contacting the adverse party’s employees for evidence. Being aware of the sanctions that attorneys may face for not meeting their obligations under the rules is important, Seth and Arora argue, not least because, in discovery, litigators can find themselves walking a fine line between zealous advocacy and ethical pitfalls. Modern American jurisprudence has led many attorneys to seek guidance on their obligations under Illinois procedural and professional conduct rules when preparing their client’s employees as witnesses and contacting an adverse party’s former or current employees during discovery.
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August 10, 2020 | Practice News

It is no secret that some defendants will go to great lengths to avoid being served. Some defendants are even willing to lie about having been served. As a result, the law on this issue has developed firmly in favor of plaintiffs. In the context of personal service, return of service is prima facie proof of proper service and courts are required to indulge in every reasonable presumption in favor of the return. But what happens when an officer has actually, and unrepentantly, served the wrong person? In his August Illinois Bar Journal article, “You Got the Wrong Guy,” Jake Crabbs prepares attorneys for the uphill battle ahead when they set out to prove a case of mistaken identity when the courts are disinclined to believe your client is telling the truth.
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July 31, 2020 | Practice News

In its August 2020 cover article, “Remote Reality,” the Illinois Bar Journal speaks with attorneys, judges, and court administrators throughout Illinois to report their experiences with holding court hearings and business remotely. According to several legal professionals interviewed, some form of remote court access is likely to stay in place or expand even after the COVID-19 pandemic has run its course. Meanwhile, courts in Illinois continue to experiment with and learn from their efforts as they figure out what has been working well and what hasn’t.