This is part two of a three-part video series on the Illinois Supreme Court’s remote access policy and e-filing developments, presented by the ISBA’s Standing Committee on Legal Technology.
Practice News
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May 19, 2021 |
Practice News
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May 18, 2021 |
Practice News
The Illinois Supreme Court announced the filing of lawyer disciplinary orders on May 18, 2021. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
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May 17, 2021 | Practice News

In his May Illinois Bar Journal Article, “FOID Where Prohibited,” Jake Crabbs addresses the intersection of two trends of 2020: 1) a tremendous jump in gun ownership; and 2) the anecdotal rise of domestic violence during shelter-in-place conditions. These two trends intersect in the provisions of the Illinois Domestic Violence Act of 1986 and the Firearm Owners Identification (FOID) Card Act. Prosecutors, criminal defense attorneys, family law practitioners, and gun owners should all be aware of the ways these statutes interrelate and the constitutional issues that may arise whenever an order of protection is entered against a FOID cardholder. These concurrent trends may eventually lead to an increase in the total number of petitions for orders of protection against respondents who have FOID cards, Crabb writes, especially when circuit courts finally return to full capacity. This is not to suggest that FOID cardholders are more likely to commit domestic violence, per se; it is simply a plausible result of the two unrelated trends. And when it comes to orders of protection against FOID cardholders, Crabb argues, there is a significant—and constitutionally infirm—gap in the governing statutes.
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May 17, 2021 | Practice News

Illinois Court Help was launched today in order to connect people to the resources and information they need to go to court in Illinois. It is the first personalized court information service offered by the Illinois courts and one of the latest innovations created during the COVID-19 pandemic to make the courts and information more accessible.
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May 10, 2021 | Practice News

Chief Justice Anne M. Burke of the Illinois Supreme Court will preside over a ceremony to administer the attorney’s oath to 271 new attorneys on Thursday, May 13, at 2 p.m. via live video broadcast. This bar admission ceremony is for all certified candidates who have passed the February 2021 bar exam.
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May 10, 2021 | Practice News

As Susan Bart demonstrates in her May 2021 Illinois Bar Journal article, “Who Are My Qualified Beneficiaries?,” it is essential to determine the qualified beneficiaries of an irrevocable trust under the Illinois Trust Code (ITC). Qualified beneficiaries have rights to receive notices of the existence of the trust and certain events, information about the trust, and accounts. But qualified beneficiaries may also be necessary parties to certain actions, such as a nonjudicial settlement agreement. A trustee who fails to correctly identify qualified beneficiaries, Bart notes, may breach her or his duties to provide information to qualified beneficiaries, or may provide information to beneficiaries who are not required to receive it. The Uniform Trust Code (UTC), upon which the ITC was based, uses the concept of “qualified beneficiary” to limit the class of beneficiaries to whom certain notices must be given or consents received. Bart introduces several kinds of scenarios that unpack the differences between qualified beneficiaries and remote and contingent beneficiaries under the new ITC.
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May 5, 2021 |
Practice News
This is part one of a three-part video series on the Illinois Supreme Court’s remote access policy and e-filing developments, presented by the ISBA’s Standing Committee on Legal Technology.
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May 3, 2021 | Practice News

This May’s Illinois Bar Journal cover story examines the state’s sweeping criminal justice reforms signed into law earlier this year by Gov. Pritzker. The IBJ interviewed defense attorneys, prosecutors, and others who reflected on the legislation. “Some people view it as, ‘They threw every reform into this sausage maker, and this is what came out,’” Stephen Baker, a retired Cook County public defender and member of the Illinois State Bar Association’s Criminal Justice Section Council, told the IBJ. “Some people take the position that, if you wanted a massive change, the time to do it is now. People are just fed up with the conduct of the police. And the train is leaving the station; if you don’t want to get on, get out of the way.” Others spoke optimistically about the reforms: “The breadth of the bill is one of its strong points,” says Jerrod Williams, a judicial clerk and member of the ISBA Steering Committee on Racial Inequality. “Solving the problems of crime and law enforcement requires a multi-front approach. I don’t believe law enforcement alone—that is, prosecuting offenders—is in and of itself a solution to crime. It’s a piece of the solution.”
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April 26, 2021 | Practice News

The Illinois Supreme Court’s Illinois Judicial Conference (IJC) announced today the release of a new jury orientation video which will serve as an introduction to jury service for all 24 circuit courts in Illinois.
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April 26, 2021 | Practice News

A lawyer on a Zoom videoconference with other attorneys has to take a phone call during the meeting. But he forgets to press mute as he begins to discuss details of a high-stakes negotiation with the person on the phone. Lots of arm waving from the other Zoom participants ensues, but to no avail. Also, the Zoom host had left the room, leaving no one with the power to mute the attorney. Did the loquacious lawyer breach his duties to his client? What were the duties, if any, of the innocent lawyer-bystanders who were now in possession of very significant information? What about the opposing party in the real estate transaction, were she to be presented with this information? In his April Illinois Bar Journal ethics column, “No, I Am Not a Cat,” Illinois State Bar Association General Counsel Charles Northrup examines this situation—a new twist on the old “errant fax” issue made more unique by now-widely used technology.