The advent of smartphones containing audio and video capabilities gives virtually everyone the means to preserve evidence. More often than not, audio and video information will be the most persuasive evidence the jury will see or hear. In his November 2019 Illinois Bar Journal article, “What Every Trial Lawyer Needs to Know About Audio Recordings,” William Hanson reminds us that in Illinois, a person commits eavesdropping when he or she knowingly, intentionally, and without consent uses an eavesdropping device in a surreptitious manner for the purpose of overhearing, transmitting, or recording all or any part of any private conversation. Hanson goes on to unpack the differences between legality, authenticity, and consent as these concepts pertain to audio recordings.
Practice News
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November 18, 2019 |
Practice News
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November 14, 2019 |
Practice News
By Mark C. Palmer, Chief Counsel at the Illinois Supreme Court Commission on Professionalism
What channels of trust have you built lately? Put another way, what social capital tracks have you put down to promote and maintain the delivery of your firm’s services?
Whether you’re the managing partner at a large firm or a solo practitioner, part of your job as a professional is being attentive to your social capital networks. This could include anyone from friends, neighbors and former classmates, to colleagues in civic organizations and legal associations. Your network also intersects with those of your employees; and together, your firm’s social capital provides the foundation for a business to thrive.
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November 12, 2019 |
Practice News
You have represented ABC Company for many years and seen it grow from a mom-and-pop operation to having more than $200 million in annual revenues and more than 300 employees. You are of that increasingly rare breed—a corporate generalist—and have represented ABC on its day-to-day contractual matters and during occasional acquisitions. But now, the first-generation owners have told you that they wish to sell the business. Of course, they want you to represent them in this once-in-a-lifetime transaction. The investment banker they have engaged to conduct the sale process has recommended that the buyer be required to obtain a representations and warranties (rep & warranty) insurance policy as part of the transaction. While you have heard about rep & warranty insurance, you have never come across it on a transaction before. Dykema attorneys Stephen Sayre and Brendan Cahill, in their November 2019 Illinois Bar Journal article, “Coming to a Deal Near You,” walk you through the steps of a deal requiring rep & warranty insurance.
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November 8, 2019 |
Practice News
Illinois Supreme Court and Illinois Appellate Court justices welcomed 1,459 new attorneys to the legal profession on Nov. 7 during admissions ceremonies held at five different locations across the state.
ISBA staff members were in attendance at all five ceremonies to welcome the state's newest attorneys to the profession, take photos, and talk about the benefits of ISBA membership, which is free for one year for new admittees. Member benefits can be activated by filling out the New Admittee Membership Form.
All of those who were sworn in have passed the Illinois State Bar Examination and a required ethics examination and were certified by the Supreme Court Committee on Character and Fitness. They bring the total number of Illinois-licensed attorneys to approximately 96,500.
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November 5, 2019 |
Practice News
The Nominating Committee of the Circuit Court of Cook County today announced its selection of the 30 candidates who will seek appointment to 15 associate judge vacancies by a vote of the circuit judges. All of the candidates received across-the-board positive ratings from the bar associations.
The nominating committee employed a comprehensive approach in the nomination process that considered multiple aspects such as a variety of legal experience in the public and private sectors, and diversity of race, ethnicity and gender.
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November 4, 2019 |
Practice News
New attorneys will be admitted to practice in Illinois on Thursday, Nov. 7, with Illinois Supreme Court and Illinois Appellate Court justices presiding and administering the attorney's oath to 1,459 new attorneys at five separate locations across the state.
All of the candidates set to be sworn in have passed the Illinois State Bar Examination and a required ethics examination and were certified by the Supreme Court Committee on Character and Fitness. They will bring the total number of licensed attorneys in Illinois to approximately 96,500.
The largest group, 1,172, will be admitted in the First Judicial District during two ceremonies at the Arie Crown Theater, located at 2301 S. Lake Shore Drive, in Chicago. The ceremonies will be at 9:45 a.m. and 12:45 p.m. Media coverage is invited.
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November 4, 2019 |
Practice News
At times, clients must be distinguished from nonclients for purposes of determining who is a client during attorney-client communications involving a corporate client, says Jeffrey Parness in his November 2019 Illinois Bar Journal article, “Confidentiality and Client Communications in Illinois.” In this setting—in Illinois, though often not elsewhere, Parness shows,—the so-called “control group” test serves to limit who speaks as an agent for the corporate client. As well, the law of masters and servants is usually not employed to determine issues of client agency in the attorney-client communication setting. One takeaway: An Illinois appellate ruling has placed the burden of proof on agency on the party asserting the privilege.
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November 1, 2019 | Practice News
Illinois Supreme Court Justice Lloyd A. Karmeier has announced his retirement effective Dec. 6, 2020.
Justice Karmeier served as Chief Justice from Oct. 26, 2016-Oct. 25, 2019. He was succeeded by Chief Justice Anne M. Burke, whose three-year term commenced Oct. 26, 2019.
Justice Karmeier, of Nashville, Illinois, was the state’s 120th Chief Justice and the second person from Washington County to hold that office. Justice Byron O. House, for whom Chief Justice Karmeier served as a law clerk, was the first.
Justice Karmeier served as a member of the Assembly of the Illinois State Bar Association from 1996 to 2002, and as chair of the ISBA’s Bench and Bar Section Council.
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October 30, 2019 |
Practice News
Chief Judge Diane P. Wood announced that the United States Court of Appeals for the Seventh Circuit will have a memorial proceeding for Supreme Court Justice John Paul Stevens on Thursday, Dec. 5, 2019, at 9:30 a.m., in the James B. Parsons Ceremonial Courtroom on the 25th Floor of the Dirksen Federal Building at 219 South Dearborn Street in Chicago.
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October 28, 2019 | Practice News
The Illinois Bar Journal’s November cover story examines “8 Things Killing Your Law Firm—and How to Stop Them.” The article complements a CLE program presented by Affinity Consulting Group earlier for the Illinois State Bar Association regarding common management ruts and how to get out of them using techniques such as Lean and Six Sigma.