Practice News

The Illinois Supreme Court handed down four opinions on Friday, Jan. 19, including the highly-anticipated Bogenberger v. Pi Kappa Alpha Corp., in which the court considered who can be held liable for a fraternity pledge's alcohol-related death during an initiation ritual. The court also addressed the deadline to timely file a motion to quash service in a residential mortgage foreclosure action in Bank of New York Mellon v. Laskowski, reversed and remanded the appellate court's decision to overturn a defendant's first degree murder conviction in People v. Carey, and determined whether the one-act, one-crime rule prohibits multiple convictions arising out of the defendant's single act of gun possession in People v. Coats. Leading appellate attorneys review these cases below.

Bogenberger v. Pi Kappa Alpha Corporation, Inc.

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC
 
Here the Illinois Supreme Court addressed the civil liability ramifications of excessive alcohol consumption at a fraternity pledging event. The court addressed whether the national organizations of a fraternity, a local chapter of the fraternity, its officers, pledge board members and active members, along with non-member sorority women, owed a legal duty to a prospective pledge who died from alcohol poisoning during a pledge event. The court ruled that all but the national entities owed a duty on the allegations of the complaint.  

As the January Illinois Bar Journal cover story makes clear, good referrals serve the interests of lawyers and clients alike. In her column in the January issue, ISBA assistant counsel Bailey Felts enumerates the key ethics rules you'll need to consult before heading down the referral road.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the firm administrator for a 22-attorney firm — 12 partners and 10 associates — in downtown Chicago. I have been with the firm for seven years. The firm pays associates and staff a base salary plus a year-end discretionary bonus, which is the same for all staff and associate attorneys. The firm does not do performance reviews and honestly, I believe the raises are simply an annual cost of living adjustment and the year-end bonuses a gift. Many of our associates and staff have been here for many years and salaries are getting out of control. We would welcome your thoughts.

Erica Minchella, real estate attorney at Minchella & Associates, talks about the due diligence attorneys should be doing before writing attorney and inspection review letters in residential and commercial real estate transactions.