Is substitute service of process valid if it's on the defendant's father, in the defendant's driveway? You can make a good argument that the answer is "yes." Find out more in the June Illinois Bar Journal.
Illinois Bar Journal
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June 19, 2014 |
Practice News
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May 28, 2014 |
Practice News
The owner of a condo unit may not withhold monthly assessments and other expenses in response to an alleged failure by her condominium association to maintain common elements and make repairs, a divided Illinois Supreme Court ruled recently.
In a four to three decision, the majority of the justices rejected a theory that condo unit owners should have the same rights as tenants in a leasehold agreement. The issue arose when a Lake County resident/owner of the Spanish Court Two Condominium Association, who had failed to pay her fees for six months, tried to defend herself against the association's attempt to take possession of her unit. She argued that a leaky roof just above her unit had caused extensive water damage, her faulty toilet was not repaired, and that general upkeep of the common areas of the building was not maintained, and thus she was entitled to withhold payment.
The majority of the justices in the 4-3 ruling said a landlord/tenant scenario is contractual and distinguishable from a community living situation. Condo boards and associations could face serious financial difficulties if they had no recourse to collect unpaid assessments, the court observed. Find out more in the June Illinois Bar Journal.
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July 31, 2013 |
Practice News
The Illinois Supreme Court has adopted procedures for lawyers engaging in limited-scope representation on behalf of clients who choose not to, or can't afford to, hire legal counsel for all aspects of a case.
Effective July 1, amended Rules 11, 13, and 137 allow lawyers to file "limited scope" appearances and represent clients for part, but not all, of a civil lawsuit or transaction.
The new rules also address "ghost-writing" by lawyers who assist clients in drafting or reviewing documents without actually signing the document or appearing in court. Find out more in the August IBJ.
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July 11, 2013 |
Practice News
The Illinois Supreme Court recently adopted Illinois Rule of Evidence 502 and issued its Center Partners decision. Together, they set important new limits on the doctrine of subject matter waiver of attorney-client privilege, establishing that waiver only happens when there are intentional disclosures designed to give the disclosing party an unfair tactical advantage in litigation. Here's an analysis by Gino DiVito and coauthors from the July IBJ.
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June 26, 2013 |
Practice News
A reviewing court can be an intimidating place, especially for the occasional appellate practitioner. An Illinois circuit judge and former supreme court clerk offers 10 practical tips to put you at ease and strengthen your case on appeal in the July Illinois Bar Journal.
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August 23, 2012 |
Practice News
An ISBA special committee is exploring the role of campaign contributions in judicial elections and the perception that they influence judicial decision-making -- and considering whether recusal standards should be changed to address that perception. Find out more in the September Illinois Bar Journal.
3 comments (Most recent August 23, 2012) -
February 1, 2012 |
ISBA News
Illinois State Bar Association (ISBA) President John G. Locallo (right) presented an oversize copy of the cover of the 100th anniversary edition of the Illinois Bar Journal, the monthly magazine of the ISBA, to Illinois Secretary of State Jesse White, in his capacity as State Librarian, on Tuesday, Jan. 31. An actual copy of the magazine was donated to the library for its archives and will be made available to the public.
The 100th anniversary issue features an eight-page overview of how the publication has evolved over the years, both in appearance and content. It was authored by Thomas Hunter, a member of the Illinois Bar Journal Editorial Board and a clerk in the chambers of Hon. Richard P. Goldenhersh, Appellate Court of Illinois, Fifth District.
(Photo credit: John Wheeler) -
January 26, 2012 |
ISBA News
Illinois Bar Association President John G. Locallo (left) presents a mock copy of the 100th anniversary of the Illinois Bar Journal to Chicago History Museum President Gary T. Johnson on Wednesday.
An actual copy of the magazine was donated to the museum for its archives.
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August 17, 2011 |
Member Services
Have you ever wondered whether there's an Illinois Bar Journal article on, say, grandparents' visitation? Rule 213? The Illinois estate tax? Or did you see something in a recent issue -- you don't remember which one -- that you weren't interested at the time but are very interested in now?
Then you need to visit the new, improved online IBJ archives, which contain evey issue from the most current (August 2011) through November '98 -- 154 issues and well over 1,000 individual articles, columns and other items. The entire archive is keyword searchable, and everything back through 2005 appears in our cumulative subject index (we'll eventually build it back through November '98). There are title and author indexes for the whole archive, too. It's a great research tool, and it's only fully available to ISBA members.1 comment (Most recent August 18, 2011) -
April 6, 2010 |
Practice News
"Adults risk embarrassment if their [seminude, cellphone-delivered] sext message is misdirected," Josh Herman writes in the April Illinois Bar Journal. "But when a teenager (meaning a minor between 13 and 17) creates, sends, or receives a sext message in Illinois, he or she may have committed the criminal offense of child pornography." So a 13-year-old girl who sends a naughty photo of herself to her boyfriend (with predictable passalong results) is a potential child pornographer? Not only are these ridiculously disproportionate consequences unfair to hormone addled teens, they complicate matters for parents, school personnel, and the lawyers who advise them. Josh describes the problem and proposes solutions in his informative, easy-to-read article.