The Illinois State Bar Association Young Lawyers Division will host a golf outing on Wednesday, Aug. 1 at Cog Hill Golf and Country Club in Lemont.This event will benefit the IBF/YLD Children’s Assistance Fund. The $150 ticket includes golf, cart, concession stand ticket, cocktails, dinner and CLE program. Tickets to attend just the evening dinner are $50 each. Many sponsorship opportunities are available.Deadline to register is 4:30 pm, July 27th. Register at www.isba.org/sections/yld/golf For general inquiries, please contact George Schoenbeck, gschoenbeck@sosinarnold.com, Michael DiNatale, mdinatale@dinatalelaw.com or Jerry Napleton, jerrynapleton@gmail.com
ISBA members, sign up to receive The Bar News' biweekly e-newsletter by emailing emailpreferences@isba.org
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June 25, 2012 |
Events
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June 25, 2012 |
Practice News
When elephants fight, the grass trembles. — African Folk SayingFor the past several years, Illinois Attorney General ("IAG"), Lisa Madigan, and the State of Illinois have conducted a campaign against companies that purport to assist distressed homeowners and debtors in dealing with their debt situation.1 The primary weapons in the IAG's arsenal are two statutes: the Mortgage Rescue Fraud Act, 765 ILCS 940/1 et seq. (eff. Jan. 1, 2007) ("MRFA"); and, the Debt Settlement Consumer Protection Act, 225 ILCS 429/1 et seq. (eff. Aug. 3, 2010) ("DSCPA").Caught In The Cross-Fire Lawyers Run Afoul of The Illinois Attorney General Providing Debt Settlement ServicesBy Joseph R. Marconi 2These statutes aim to address the allegation that many of these companies do not provide actual relief to debtors but rather worsen their situation through undeserved and excessive fees (while making fraudulent or misleading claims in the process). Among other restrictions and requirements, the statutes limit fees, including the taking of "up front" fees. See, 765 ILCS 940/50(1); 225 ILCS 429/125(a) and (b).3 The IAG's office is aggressively pursuing actions based on two laws.
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June 21, 2012 |
Practice News
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the Civil case Harris v. Thompson and the Criminal case People v. Hollins.CIVILHarris v. ThompsonBy Alyssa M. Reiter, Williams Montgomery & John Ltd.The interplay between the Illinois Vehicle Code and the Local Governmental and Governmental Employees Tort Immunity Act (“Tort Immunity Act”) divided the Court in Harris v. Thompson.The plaintiff was injured in an automobile accident with a Massac County ambulance. He sued the County defendants for negligence. The defendants moved to dismiss and, following an adverse jury verdict, moved for judgment non obstante veredicto, asserting that they were immune from liability based on negligence pursuant to the Tort Immunity Act. That Act provides that a public employee acting within the scope of his employment is not liable for an injury caused by the negligent operation of a motor vehicle when responding to an emergency call. The trial court denied the motions and the Appellate Court (Fifth District) affirmed. Those courts found that the Illinois Vehicle Code, which imposes a duty to refrain from negligence, is the more specific statute and supersedes the Tort Immunity Act.
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June 21, 2012 |
Practice News
Yesterday a hearing was held in Washington, D.C. on the issue of solitary confinement in state and federal prisons by the United State's Senate's Committee on the Judiciary (Subcommittee on the Constitution, Civil Rights, and Human Rights).A video of that hearing may be accessed here.1 comment (Most recent June 21, 2012)
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June 21, 2012 |
ISBA News | Events
The ISBA/JTBF Law and Leadership Institute (LLI) will kick off its first residential program this Sunday at the Southern Illinois University School of Law in Carbondale. The downstate program is a one week residential program running from Sunday, June 24 through Saturday, June 30.The LLI is a statewide initiative to assist students from minority, ethnic, and other groups who are currently underrepresented in the legal professions achieve academic success and aspire to a career in the law.The two current programs in Illinois were spearheaded by the ISBA Diversity Pipeline committee and will be hosted by the Southern Illinois University School of Law in Carbondale and the John Marshall Law School in Chicago. The Chicago commuter program will be held from Monday, July 23 through Friday, August 10.The LLI involves a combination of classroom lectures, logic and critical thinking exercises, writing and oral advocacy instruction, guest speakers, and field trips to area law firms, government offices and courthouses. Many ISBA members participate as program speakers and activity sponsors. Students who participate in the LLI will:
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June 21, 2012 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers Domestic violence form, Cell phones and driving, Personal property exemptions and the Open Meetings Act. More information on each bill is available below the video.Domestic violence form. House Bill 5922 (Cunningham, D-Chicago; Kotowski, D-Park Ridge) allows a statutory short-form notification to be used to serve on respondents in the Illinois Domestic Violence Act of 1986, the Stalking No Contact Order Act, and the Civil No Contact Order Act.Passed both chambers; effective January 1, 2013.Cell phones and driving. Senate Bill 2488 (Garrett, D-Lake Forest; May, D-Highland Park) allows a driver in a construction or school zone to use a cell phone in voice-operated (instead of “voice-activated”) mode or by pressing a single button to initiate or terminate a voice communication. This also includes using a headset in this manner.Drop date August 5, 2012; effective January 1, 2013.House Bill 5099 (Costello, D-Sparta; Haine, D-Alton) prohibits a driver from using a cell phone or video within 500 feet of an emergency scene. Exempts using a cell phone in the voice-operated mode.
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June 21, 2012 |
CLE
Join us in Chicago on June 29th to learn how the National Labor Relations Act can affect non-union businesses! This comprehensive overview offers a look at Illinois labor laws from the differing perspectives of seasoned labor law attorneys – including union, management and the public employer perspective – on the long-range anticipated consequences of recent case law and proposed regulations.
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June 21, 2012
It doesn't take long to accumulate inactive files and begin wondering what to do with them, John Ahern observes in the latest ISBA Trusts & Estates newsletter. "Are the files any good?" he asks. "Have clients gone elsewhere? Are [they] alive?"In his article, John looks at the supreme court rules governing disposal of old files, provides model language you can include in engagement letters to give yourself authority to destroy old files, and assembles resources on file disposition that all lawyers can use. Take a look.
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June 20, 2012 |
ISBA News | Practice News
The Illinois State Bar Association, in partnership with the American Bar Association’s Senior Lawyers Division, has filed a resolution for action by the ABA’s House of Delegates at the upcoming ABA Annual Meeting in August.The resolution reaffirms the ABA policy – adopted in 2000 – that law firms shall not be owned by non-lawyers and legal fees shall not be shared with non-lawyers. Proposals that would change this policy have been circulated in connection with the work of the ABA’s Commission on Ethics 20/20.President John E. Thies briefed the ISBA Assembly on the proposed changes, and the need for the ISBA’s action. “Ethics 20/20 has been tasked with looking at the impact of technology and globalization on the legal profession – these are not bad subjects to consider. However, this inquiry is being used directly or indirectly as a means of advancing proposals which seek to do some of the very same things which were defeated during the battle over Multi-Disciplinary Practice,” Thies said. A number of states have already indicated their support for the ISBA/Senior Lawyers Division resolution, including Arizona, Indiana, Maryland, Mississippi, North Carolina, and Tennessee. Thies added: “this is about defending the core values of our profession against the encroachment of non-lawyers – to the detriment of clients. It’s gratifying that so many other states are lining up behind us, and I expect this to continue as we approach the ABA meeting in August.”
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June 20, 2012 |
Practice News
The recent copyright infringement trial between Google and Oracle brought a surprising series of posts by technical bloggers praising Judge Alsip, who presided over the trial, for showing such mastery of the technology. Glyn Moody posted on Tech Dirt, Should People Learn To Code? Yes – If They Are Judges Ruling On Cases Involving Software. Similarly, Jeff Neubauer concluded in the New Media and Technology Blog, Oracle v. Google Judge Writes the Book on Software Programming Copyright – For Now, Anyway. Closer to home, Judge Posner, in the Seventh Circuit Appellate Court won critical praise for his understanding of the dysfunctional copyright litigation system in the litigation between Apple and Motorola from technical blogs such as Mike Masnick’s article in Tech Dirt, Judge Posner Dumps Ridiculous Patent Fight Between Apple & Motorola As Contrary To The Public Interest. By contrast, the recent New York Court of Appeals decision in People v.1 comment (Most recent June 21, 2012)