If you've been hired to bring a lawsuit and you commit malpractice by, say, blowing a statute of limitations, it's conceptually easy to calculate actual damages, authors Kenneth J. Ashman and Neal D. Kitterlin observe in the July General Practice, Solo & Small Firm newsletter. "If the defendant had the money to pay the damage award and...the client would have succeeded in his suit against the defendant but for the attorney’s malpractice, the client suffered actual damages—that is, real loss—as a result of the attorney’s neglect."

So what if a defense lawyer commits malpractice and loses as a result, but the defendant-client doesn't have the money to pay the judgment? Has he suffered actual damages? Yes, ruled the Illinois Appellate Court in Fox v. Seiden: "[T]he existence of the judgment alone is sufficient to constitute actual damages," Ashman and Kittlerin write. Read their analysis.

Illinois Supreme Court Justice Lloyd A. Karmeier announced today that an application process has begun for a Circuit Court vacancy in the Fourth Judicial Circuit. The at-large Circuit vacancy is being created by the announced resignation of Circuit Judge John Coady, effective October 3, 2009. Under the Illinois Constitution, the Supreme Court holds the authority to fill interim judicial vacancies. Justice Karmeier uses an application, evaluation and interview process to make recommendations to the Court for vacancies in the Fifth Judicial District. Notice of the vacancy has been posted in courthouses throughout the Fourth Judicial Circuit. Applicants must submit a cover letter with the Requested Information of an Applicant Form to: Justice Lloyd A. Karmeier, Supreme Court of Illinois, P.O. Box 266, Nashville, IL 62263. The form may be obtained from the office of Chief Judge Gene Schwarm of the Fourth Judicial Circuit; the presiding judge or circuit clerks of the counties within the Fourth Circuit or from Justice Karmeier. Applicants' cover letter and completed form must be received in Justice Karmeier's office no later than Monday, August 17, 2009. The person appointed to fill the vacancy will serve until the position is filled through the November, 2010 general election. The appointment will terminate December 6, 2010. To be eligible for appointment, a person must be a resident of the Fourth Judicial Circuit at the time of the appointment. The Fourth Judicial Circuit is comprised of nine counties: Clinton, Marion, Clay, Jasper, Effingham, Fayette, Shelby, Christian and Montgomery.

Chief Circuit Judge Stephen Culliton has named two finalists for the Office of Associate Judge in the 18th Circuit Court in DuPage County. The finalists are seeking to fill the vacancy created by the retirement of Associate Judge Kenneth A. Abraham. The two finalists are:

• Paul A. Marchese, DuPage County Assistant State's Attorney
• Robert A. Miller, Chief Public Defender for DuPage County

The Circuit Judges will select Marchese or Miller by secret ballot.

Soon to be released FTC guidelines will up the ante for bloggers who review or endorse products, according to Adam Snukal in the July 2009 issue of The Corporate Lawyer, newsletter of the ISBA's Section on Corporate Law. One change wrought by the new guidelines: a blogger who reviews a product will be deemed an "endorser." That means that, "should the blogger fail to verify (or request verification of) an advertiser’s substantiation with respect to any product claims, the advertiser can be subject to liability for false and unsubstantiated statements made through the blogger’s endorsement, and the blogger may also be subject to liability for the same unsubstantiated representations (intentional or unintentional) made in the course of his/her review (aka endorsement)." Read the article.