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Practice News

The Malpractice Maze: Bringing a Healing-Arts Malpractice Suit and the Requirements of Section 2-622

Posted on February 11, 2019 by Rhys Saunders

To limit the number of frivolous malpractice claims and thus lower insurance costs, Illinois and 27 other states require attorneys to consult a health-care professional before filing a medical-malpractice suit. But for those bringing a medical-malpractice case, such prelitigation requirements can present a daunting, complex maze. In February’s Illinois Bar Journal, Christopher Michels explores the required steps for bringing a healing-arts malpractice claim in Illinois in his article, “The Malpractice Maze: Bringing a Healing-Arts Malpractice Suit and the Requirements of Section 2-622.”

Quick Takes on Illinois Supreme Court Opinions Issued Thursday, February 7

Posted on February 7, 2019 by Rhys Saunders

The Illinois Supreme Court handed down two opinions on Thursday, Feb. 7. In Beaman v. Freesmeyer, the court clarified the proper test for the “commencement or continuance” prong of the tort of malicious prosecution. In People v. Gawlak, the court reversed the appellate court’s decision in a case involving due process rights and the assistance of counsel.

Bill in Favor of Equal Parenting Time Reintroduced in Illinois House

Posted on February 6, 2019 by Rhys Saunders

A bill that the Illinois State Bar Association spoke against during last year’s legislative session was refiled this week. The bill, HB 185, would amend the Illinois Marriage and Dissolution of Marriage Act to mandate a rebuttable presumption in favor of equal parenting time in every family law case.

The only exception is if the parents present an agreed written parenting plan, and that plan is approved by the court. If the court deviates from this presumption, it requires the court to issue a written decision stating its specific findings of fact and conclusions of law in support of its ruling.

Best Practice Tips: Law Firm Client Level vs. Matter Level Client Origination Credit

Posted on February 6, 2019 by Rhys Saunders

Asked and Answered 

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

Q. I am the owner of an eight-attorney insurance defense law firm in the greater Chicago area. All of the other attorneys in the firm are associates. They are currently paid a salary plus a bonus for billable hours that exceed certain thresholds. I am in the process of establishing a non-equity partner tier and for this tier I want to set up a different compensation system with the focus on collected revenues rather than billable hours. I will continue to pay non-equity partners a salary with a bonus for collected working attorney fees. I will also pay responsible attorney fees for other timekeepers' work over the target threshold. I have given some thought to client origination of business, but since we have a small universe of insurance company clients, I'm not sure how this would play out. I would appreciate your thoughts.

ISBA Statehouse Review for February 5, 2019

Posted on February 5, 2019 by Rhys Saunders

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers perjury, interest on child support, the Disposition of Remains Act, the Condominium Property Act, foreclosure in cities of more than two million residents, post-judgment changes,and the Open Meetings Act.

Perjury. House Bill 914 (Bennett, R-Pontiac) extends the statute of limitations for perjury to seven years. Current law is three years. House Bill 914 was assigned to House Criminal Law Committee.

Three Cook County Circuit Court Judicial Vacancies Announced

Posted on February 4, 2019 by Rhys Saunders

Applications are now being accepted for judicial vacancies in the Thirteenth Subcircuit, Seventh Subcircuit, and First Subcircuit of Cook County, according to an announcement made by the Illinois Supreme Court.

The vacancy of the Thirteenth Subcircuit judicial position was created by the resignation of Circuit Judge Margarita Kulys Hoffman. Judge Kulys Hoffman had served as a judge since 2006. Her resignation took effect Dec. 31, 2017. 

The vacancy of the Seventh Subcircuit judicial position was created by the retirement of Circuit Judge Marianne Jackson. Judge Jackson had served as a judge since 1997. Her resignation took effect Dec. 31, 2018. 

The vacancy of the First Subcircuit judicial position was created by the death of Rhonda Crawford on April 26, 2018.

18 Quick and Easy Tech Tips for 2019

Posted on February 4, 2019 by Rhys Saunders

Research suggests we tap only a small fraction of our brain’s cognitive powers. Same with our computers and the internet. If only we could exploit more of the immense computing power of our laptops and smartphones. But who has the time to explore all the features buried deep in our manuals and menus? The February Illinois Bar Journal’s cover story gets you started by providing easy-to-use tips for getting more out of the technology at your fingertips. The story, “18 Quick and Easy Tech Tips for 2019,” also is a sneak preview of a larger set of tips provided by Affinity Consulting partner Barron Henley’s one-hour ISBA CLE webinar available in ISBA's Free On-Demand CLE catalog.

Illinois Supreme Court Amends Order on Criminal and Juvenile E-filing

Posted on February 1, 2019 by Rhys Saunders

On Thursday, Jan. 31, the Illinois Supreme Court amended its order on criminal and juvenile e-filling through eFileIL. The amendment reiterates the court’s approval for permissive e-filing of criminal case types (CF, CM, DT) and juvenile case types (J, JA, JD) through eFileIL, but now also provides for the initial case initiation to be e-filed through eFileIL at such a time as each court chooses. The previous order only provided for subsequent e-filing of criminal and juvenile cases through eFileIL after the case had been initiated and been assigned a case number.

PILI Announces Spring Semester Law Student Interns

Posted on January 30, 2019 by Rhys Saunders

The Public Interest Law Initiative (PILI) has announced the names of eight law student interns who will work at public interest law agencies in Chicago during the spring semester.

Interns work 200 hours part-time during the semester, with PILI providing a living stipend, as well as ensuring quality supervision by experienced attorneys and providing extra educational, networking, and advising opportunities.