Practice News

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the approval of new Rule 14, which will facilitate the expansion of text messaging in Illinois courts by authorizing any Illinois court or county clerk to implement a text message notification program. New Rule 14 is effective immediately. 

The Illinois Supreme Court Rules can be found online. 

In their December 2020 Illinois Bar Journal article, attorneys Andrew R. Schwartz and John Cerney present the following scenario: Without first consulting its lawyers, your firm’s major client, Hapless Client, LLC, entered into a horrible one-sided contract with Sketchy Business, Inc. To make matters worse, Sketchy just filed a contract claim against Hapless to enforce that contract, and Sketchy’s complaint seeks massive damages that could put Hapless out of business permanently. An interview with Hapless confirms the truth of the essential allegations of the complaint. Since the complaint states a viable claim, a motion to dismiss will fail. Litigation might buy Hapless some time, but Sketchy will likely win on summary judgment. Settlement appears doubtful: Sketchy knows the strength of its case, and its settlement demand exceeds Hapless’ ability to pay. You know this desperate situation will require creative thinking and, lo and behold, your research about Sketchy shows that it has a long and colorful history in the courts, including an unsatisfied adverse judgment in favor of J. Creditor, LLC. Here, a rather unusual strategy presents itself: Purchase J. Creditor’s judgment against Sketchy. With that judgment, Hapless can then seize Sketchy’s claim, i.e. its “chose in action” against Hapless. Schwartz and Cerney outline precisely how this maneuver works (and is one based on the authors’ real-life experience).

Podcasting has become serious business—and a serious means for marketing a business and developing credibility. Yet, some of the best podcasts available are produced by people who aren’t doing it for the money. Podcasting lawyers find themselves on both ends of the spectrum, including ISBA members who have dipped their toes into the still-growing medium. In its December 2020 issue, the Illinois Bar Journal asks ISBA members who podcast why they do it and what they’ve learned. The article, “Speaking Into the Mic,” also includes advice for blogging—another creative outlet that’s as popular as ever.

Chief Justice Anne M. Burke and the Illinois Mental Health Task Force will host a special screening of the newly released documentary The Definition of Insanity as well as a Family Panel discussion on Tuesday, December 1, 2020, from 3-5 p.m.