The Illinois Supreme Court handed down eight opinions on Friday, Jan. 25. In People v. Witherspoon, the court considered whether a person who enters another person’s home in violation of a court order thereby enters “without authority” under the home invasion statute. In People v. Johnson, the supreme court concluded that the appellate court erred in considering the merits of a man’s sentencing challenge because he could not challenge it other than through withdrawal of his plea. The court ruled that a defendant was required to offer some affirmative evidence that the parking lot where he was arrested for DUI was not a public highway in People v. Relwani. In Rosenbach v. Six Flags Entertainment Corp., the court ruled that consumers do not have to demonstrate “injury or adverse effect” to sue companies under the state’s biometric privacy law. The supreme court upheld a trial court’s ruling granting a father who had joint custody of his children to relocate in In re Marriage of Fatkin and clarified the rules governing the admission of photographs in motor vehicle cases in Peach v. McGovern. In In re Appointment of Special Prosecutor, the court rejected arguments by the Better Government Association to release documents in a FOIA request. In Smith v. The Vanguard Group, the court determined that a man did not violate an injunction when he changed the beneficiary designation from his wife to his sons.
Practice News
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January 25, 2019 |
Practice News
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January 24, 2019 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers the Vacancy Fraud Act, the Workplace Transparency Act, the Justice for Juveniles Program, and guardianship of minors.
Creates the Vacancy Fraud Act. House Bill 832 (Martwick, D-Chicago) allows a taxing body or its representative to file a vacancy-fraud complaint with the county board of review if the property is receiving vacancy relief and the property owner is not actively attempting to lease, sell, or alter the property. It sets forth factors in determining whether vacancy fraud has occurred and its penalties. House Bill 832 was just introduced.
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January 23, 2019 |
Practice News
Ryan Suniga, an attorney with the Cook County State’s Attorney’s Office, discusses tips for effective brief writing. Tips include framing your issue at the beginning of a piece of writing, becoming proficient at designing text, and the use of caselaw.
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January 23, 2019 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the owner of a criminal defense practice in Bloomington, Illinois. I have been practicing for 40 years and I have just turned 65. I have one associate who has been with me for two years and two staff members. I would like to retire by the end of this year, and I would like to receive some value from my practice. Would I be better off selling my practice to my associate or another firm?
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January 18, 2019 |
Practice News
Ensuring you get paid for your efforts on behalf of your client requires more than getting retained, performing legal services, and sending a bill. When a client disputes a fee or simply refuses to pay, how do you put yourself in the best position to obtain payment? It starts with your initial retention and lasts beyond your representation. In his January Illinois Bar Journal article, “What You Might Have Forgotten About Billing Clients,” David M. Neff revisits essential steps for billing clients and offers guidance from retention to collection.
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January 16, 2019 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the owner of a six-attorney insurance defense firm. I started the practice 12 years ago with a paralegal and have grown the firm to where it is today – six attorneys, two paralegals, and two other staff members. While I have done well and am taking home around $350,000 a year, I am not sure if we are attaining the numbers that we should be. I have a 1,500-billable hour expectation with a per-hour bonus payable for each billable hour exceeding 1,500. I do not have any attorneys who have reached this expectation. Our billing rates average around $150 per hour. I am wanting to put in place a partnership track and am not sure where to start. Your thoughts would be appreciated.
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January 14, 2019 |
Practice News
The Supreme Court of Illinois has appointed Martin Sinclair as chair of the Commission on Professionalism, effective Jan. 1.
Sinclair, an attorney at Sperling & Slater, P.C. in Chicago, previously served as the commission's vice-chair. His term as chair will expire on Dec. 31, 2020.
In addition, Commissioner James DeAno, managing partner at DeAno & Scarry, LLC in Chicago, has been designated vice-chair for a term expiring Dec. 31. John Kim, counsel at State Farm Mutual Automobile Insurance Co. in Bloomington, has been appointed as a new commissioner for a term expiring Dec. 31, 2021. Kim replaces Jeffrey Jackson, who retired from the commission as of Dec. 31, 2018. -
January 14, 2019 |
Practice News
The Illinois Supreme Court will livestream oral arguments in four cases on Wednesday, Jan. 23.
The court will hear arguments in the cases of Van Dyke v. White, County of Will v. Illinois Pollution Control Board, LMP Services, Inc. v. City of Chicago, and Doe v. The First Congregational Church of Dundee. The livestream will begin at 9:30 a.m.
The case of Van Dyke v. White concerns whether the Illinois Secretary of State or the Illinois Department of Insurance have the authority to regulate the sale of indexed annuities. County of Will v. Illinois Pollution Control Board involves the defendant's new regulations regarding the prevention of groundwater contamination from waste disposal sites that use construction materials.
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January 14, 2019 |
Practice News
In his January 2019 Illinois Bar Journal article, “A New Day for LLCs in Illinois,” Matthew Misichko, an associate in the corporate department at Barnes & Thornburg, discusses new strategic opportunities for clients who are forming businesses in Illinois thanks to recent amendments to the Illinois Limited Liability Company Act. Significant amendments to the Illinois Limited Liability Company Act took effect on July 1, 2017, and brought the Act into conformity with the Uniform Limited Liability Company Act already followed by most states. With the changes come new recommendations for reviewing a current LLC operating agreement or drafting a new one. For starters, LLCs now have appointment power, bringing LLCs into alignment with corporations, which have had such authority for a long time. Also, LLC managers can now be designated rather than elected.
1 comment (Most recent January 17, 2019) -
January 10, 2019 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers presumption of equal parenting time, bill of particulars, bail reform change, concealed carry for judges and prosecutors, grand jury proceedings, and condos and common interest community associations.