The Rules Committee of the Illinois Supreme Court will hear comments at a public hearing on Wednesday, July 28 on three proposals dealing with discovery issues in civil cases.
The hearing is scheduled to be held at 10 a.m., 160N. LaSalle Street, Room C-500 in Chicago.
One of the proposals would allow a party's discovery deposition to be used as evidence at trial in "extremely limited" circumstances at the discretion of the trial judge.
The proposal would amend Rule 212 to allow as evidence a party's discovery deposition if the party deponent is unable to testify at trial because of death or infirmity and the judge finds" such evidence will do substantial justice."
Practice News
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July 19, 2010 |
Practice News
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July 19, 2010 |
Practice News
Working in partnership, Illinois Legal Aid Online (ILAO) and the Public Interest Law Initiative (PILI) developed the Pro Bono Case Pairing and Mentor Matching System now available at www.IllinoisProBono.org. The system was developed with the assistance of PILI’s Pro Bono Opportunities Team and the Illinois State Bar Association’s Standing Committee on the Delivery of Legal Services and Standing Committee on Mentoring with support from the Illinois Bar Foundation.
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July 19, 2010 |
Practice News
Many in the legal community do not and this is a chance to make a life or death difference. By Dawn Geras At an event that I recently attended there were hundreds of lawyers and dozens of judges in attendance. I had the opportunity to ask if they knew about the Illinois “Safe Haven law”. Does it surprise you to learn that many did not? Let me ask: DO YOU KNOW ABOUT THE LAW? The Abandoned Newborn Infant Protection Act became effective on August 17, 2001. The Act, often referred to as the Safe Haven law, allows a parent to anonymously relinquish an unharmed newborn up to 30 days old to a staff member at a designated safe haven. Safe havens in Illinois are hospitals, emergency medical facilities, fire houses, police stations and county sheriff stations that have staff present. All designated safe havens are required to have a safe haven sign posted in a conspicuous place on the exterior of the building. Maybe you have seen this sign and wondered what it was about. The law is intended to save the lives of the youngest, most vulnerable among us: newborn babies. It provides parents who might otherwise abandon a newborn in a dumpster or other unsafe place with a responsible, legal and anonymous option. The law is simple and it works. 60 babies have been safely and legally relinquished under the law since it was enacted nearly nine years ago. Tragically, 61 other babies were unsafely and illegally abandoned. So unsafely abandoned, that 30 of them did not survive. Why isn’t the law working for more babies? How many more innocent lives will be lost? Again, ask yourself, did YOU know about the law? The problem is that most people still don’t. If an intelligent person like you didn’t know, how can we expect those who need this information to know that this option exists? Who needs to know about the law? Everyone. Babies are illegally and unsafely discarded by parents of all ages, races and socioeconomic backgrounds.
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July 18, 2010 |
Practice News
I'm not a quick study, so maybe it's just me. But it seems that I am stuck reading a lot of legal writing multiple times before I understand it. Readers will often resent this (I do) or give up trying to figure it out. The one thing that legal writers can do to avoid this is to front-load the information. You should try to synopsize or summarize at the beginning of your letter or document what you're trying to say so that your readers have a road map where you're going. It puts everything in context for them. Doing this takes real work. So the question becomes: How does offloading this work to your readers help them understand it or be persuaded by it?
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July 15, 2010 |
Practice News
CIVIL
Krywin v. The Chicago Transit Authority
By Jean M. Prendergast, Schuyler, Roche & Crisham, P.C Today, in a 5-2 decision, the Illinois Supreme Court in Krywin v. The Chicago Transit Authority, held that a common carrier’s duty to provide passengers with a safe place to alight must yield to the natural accumulation rule. Under that rule, a landowner has no duty to remove natural accumulations of ice, snow or water. The plaintiff-passenger had fallen as she exited a train onto a slippery CTA platform. The court affirmed the appellate court and reversed the passenger’s nearly $400,000 verdict. The court also held that the CTA had no duty to identify a safer place to exit the train. The court reasoned that the passenger failed to meet her burden to prove the feasibility of requiring the CTA to discharge all passengers safely during inclement conditions. The court took judicial notice of the magnitude of the CTA’s operations and observed that “it would be impractical to place a burden on the CTA to evaluate its train platforms” every time a train enters a station. Justice Freeman, joined by Justice Kilbride, dissented, pointing out that the majority’s holding disregarded the Local Government and Governmental Employees’ Tort Immunity Act (“Act”), which codified the natural accumulation rule, but also specifically excluded the CTA from the Act’s protection. In addition, the dissent maintained that the majority decision is inconsistent with the court’s prior adoption of the principles stated in Section 343 of the Restatement (Second) of Torts, which recognized that landowners are in a superior position to protect their invitees. -
July 15, 2010 |
Practice News
The use of and/or is universally condemned for its inherent ambiguity because and is conjunctive and or is disjunctive. Somehow I was under the impression that using and/or was a recent phenomenon. Not so. Bryan A. Garner in Garner on Language and Writing cites an Illinois Appellate Court case that condemned its use in 1932.* Irresistibly drawn in, I read the case. The court referred to and/or as a “freakish fad” and then devoted more than two pages quoting others who condemned it as well. And/or is referred to as “a bastard sired by Indolence (he by Ignorance) out of Dubiety,” a “barbarism,” “pollution of the English language,” and an “accuracy-destroying symbol” that encourages “mental laziness in the drafting of private contracts.” Wow, it’s uplifting to see this kind of passion by lawyers about language. * Tarjan v. National Surety Co., 268 Ill.App. 232, 240 (1932)
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July 15, 2010 |
Practice News
By Peter LaSorsa This article is written from BlackBerry users, however if you own a different PDA, you may check with your manufacturer and see if a similar application is available for you. Research in Motion (“RIM “), the company that produces the BlackBerry, recently released version 5 to its BlackBerry Mobile Voice System (“MVS”). I know in our busy lives we can’t pay attention to each new release of each operating system for devices we own. However, this version 5 offers something that may be of interest to you and you may want to make sure this version is loaded on your phone. This particular feature allows voice over Wi-Fi calling. (i.e. the software lets users take calls from their BlackBerry using their desk phone numbers and extensions). This is an upgrade from the previous version of the software, which only allowed calls on the cellular network. Who cares? You should because a call placed on the cellular network in not secure - but a call placed with this new version is secure because it is being placed using your existing phone system. Another words the call will be as secure as if you were sitting at your desk in your office. An incoming call will ring your office phone and BlackBerry - ensuring you will always be incommunicado.
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July 14, 2010 |
Practice News
[Helen Gunnarsson prepared the following report for the forthcoming (August) issue Illinois Bar Journal.] Upholding the reasoning of the circuit court of Cook County, foreclosure proceedings under the Illinois Mortgage Foreclosure Law (735 ILCS 5/15-1101 et seq) are not in rem, but quasi in rem actions, the Illinois Supreme Court held last June in ABN AMRO Mortgage Group, Inc. et al., v McGahan. Therefore, where a mortgagor has died, the mortgagee/lender must name (and thus notify) a personal representative of the mortgagor/borrower’s estate for the circuit court to acquire subject matter jurisdiction.
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July 14, 2010 |
Practice News
Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for a Circuit Court vacancy in the 11th Judicial Circuit. The vacancy was created by the upcoming retirement of Judge G. Michael Prall on November 2, 2010. Judge Prall has been a judge for the 11th Circuit since 1991. Under the Illinois Constitution, judicial vacancies are filled by Supreme Court appointment. The application process will lead to final Court approval. The applicants will undergo an evaluation and screening process. Notices of the vacancy has been posted in courthouses throughout the Circuit. The application form and instructions may be obtained by visiting the Illinois Supreme Court’s website at www.state.il.us/court and follow the instructions on the “Latest News” scroller announcing the Eleventh Judicial Circuit vacancy. Original applications must be submitted via mail to:
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July 14, 2010 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I am a female non-equity partner in a 14-attorney firm in Central Kentucky. I have recently been considering approaching the partners in the firm about a reduced work schedule. The firm has no policy in place regarding “part-time partners”. Frankly, I am leery as I am afraid they will consider it a lack of commitment on my part and may have a negative impact upon my future with the firm. What are your thoughts? A. According to ABA studies, almost half of surveyed lawyers feel that they do not have enough time for themselves or their families. Almost three-quarters of lawyers with children report difficulty balancing professional and personal demands. The number of women who doubt the possibility of successfully combining work and family has almost tripled over the past two decades. Only a fifth of surveyed lawyers are very satisfied with the allocation of time between work and personal needs. A desire for more time to meet personal and family needs is one of the major reasons lawyers consider changing jobs, and it is a more important consideration for women than for men. Our law firm clients tell us that personal and professional life balance is their greatest challenge. Time is becoming more important to people than money. While it may be a battle for you in your particular firm – inroads are being made with regard to part-time partners in law firms – for both women and men. Here are a few ideas: No. 1: First and foremost - Develop the courage to ask and have the determination to say no. Create your life balance expectations for your clients and your superiors in the firm. When interviewing for a new job or position let your future employer know your expectations – upfront. No. 2: Create A Personal/Professional Life Plan. Establishing personal and professional priorities and making correct choices is crucial. You must begin by determining what’s important in life – make a list of what’s truly important in your life, establish boundaries and priorities, and formulate a plan. Typical elements that should be on your list include: