The Illinois Supreme Court, in cooperation with the State Justice Institute (SJI) and the National Center for State Courts (NCSC), has announced it will hold a Virtual Summit Series (Summit) this fall. This Summit, a mixture of plenary sessions and interactive panel presentations, is part of the National Judicial Task Force initiative to examine how to improve state courts and community response to mental illness.
Practice News
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August 26, 2020 | Practice News

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August 26, 2020 | Practice News

The Illinois Supreme Court will host a memorial service in honor of the late Justice Charles E. Freeman, the first African American to serve on the Court. A program will be available for download on the Court’s website a few days before the service.
The service will take place at 2 p.m. Wednesday, Sept. 16. It will be held at the Supreme Court Courtroom at 200 E. Capitol Ave. in Springfield.
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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 20, 2020 | Practice News

The Illinois Supreme Court handed down one opinion on Thursday, August 20. In People v. Sophanavong, the court considered whether a circuit court’s failure to strictly comply with the requirements to proceed without a presentence investigation report requires remand for a new sentencing hearing or whether a defendant can waive the issue by pleading guilty as well as forfeit the claim by failing to raise it in a postplea motion.
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August 18, 2020 |
Practice News
Colleen Boraca, Clinical Associate Professor, Northern Illinois University College of Law
March 10, 2020 was a fairly normal day. Although it was spring break, two law students were working with me at the NIU Health Advocacy Clinic, a law-school based legal clinic that is located onsite in Aurora at Hesed House, the second largest homeless shelter in Illinois. In the morning, one of the students interviewed a potential client, “Jane,” who was looking for representation with her Social Security case. After the meeting, the students and I debriefed about they handled their interview with Jane and brainstormed areas for improvement. After that session, the students worked on PowerPoint slides for an upcoming presentation on SNAP benefits. We saw Jane again while serving lunch at Hesed House that day, and she told us that she would see us next week. The students left clinic that day, enthused to work on Jane’s case and hopefully change her life if they could secure disability benefits for her.
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August 18, 2020 | Practice News

Starting September 1, self-represented litigants in Illinois can submit a question online about their civil appeal and receive an answer from a pro bono lawyer with the launch of Illinois Free Legal Answers for Civil Appeals, the first-ever legal help desk for appeals in Illinois. The program was created to address the pressing need to provide help to self-represented litigants (SRLs), who account for 41% of civil appeals filed in the state.
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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 14, 2020 | Practice News

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the amendment of Rule 9(c)(5), which will allow self-represented litigants (SRLs) who are unable to complete the e-filing process on their own and unable to get e-filing assistance from the court to file by mail, in person, or other means . The amended rule is effective immediately.
"The Illinois Courts continue to adapt to issues brought on by this pandemic," Chief Justice Burke said. "This change provides self-represented litigants greater flexibility and efficiency when physical access to courthouses is limited by COVID-19."
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August 10, 2020 |
Practice News
The Attorney Registration & Disciplinary Commission (ARDC) of the Supreme Court of Illinois, the entity that investigates and prosecutes attorney misconduct, recognizes its responsibility to work towards making sure that the legal system functions fairly for all citizens. To that end, the ARDC has formed the Equal Justice Rules Committee (EJRC) to examine the ethical rules that govern Illinois attorneys’ conduct with the goal of determining whether amendment of those rules is necessary to enhance attorneys’ rights and refocus attorneys’ duties to act in a manner that supports the equal and fair application of justice.
2 comments (Most recent August 13, 2020) -
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.