Illinois Bar Journal

The Magazine of Illinois Lawyers

October 2009Volume 97Number 10Pages 481-536

October 2009 Illinois Bar Journal Cover Image

Practice News

Illinois Law Update

Jury trial not guaranteed in action that doesn’t exist at common law; Green Building Act establishes green construction standards; new standards for foster family homes; and more.

See cases, legislation, and administrative agencies.


Ethics | By
Robert A. Creamer
The new rules, which take effect January 1, align Illinois legal-ethics regulation with the national norm. Learn about th emajor changes.
Wills | By
Helen W. Gunnarsson
A step-by-step primer on simple wills for newbies, litigators, and other will-drafting novices.
Judiciary / Constitutional Law, Judges | By
J. Timothy Eaton
Lynn A. Ellenberger
The authors propose a constitutional amendment allowing replacement of Illinois Supreme Court justices when recusal makes rendering a decision impossible.
Tort Law | By
Eugene I. Pavalon
Harry C. Lee
The authors argue that the Restatement of Torts may offer a way for plaintiffs to argue for a more expansive duty of defendants to warn.
Criminal Law / Conflict Of Interest | By
Isaac J. Colunga
A per se conflict of interest may arise because of a past client relationship, regardless of whether criminal defense attorneys have spoken with their former clients in years.


Dressing for distress - nylons and sandals;  Settlement agreements: do the release first.
President’s Page | By
John G. O’Brien
Now more than ever is the time to give to the pro bono cause.
Loss Prevention | By
Karen Erger
What's a blog, you ask? Read on.
Family Law | By
H. Joseph Gitlin
Think men don't get custody or maintenance? Think again.
Real Estate Law | By
James K. Weston
How about letting homeowners trade in their high-interest mortgages for fixed-term models?
Asked and Answered | The new-lawyer Q&A
Q: The fair market value of my house has decreased since the recession, but my property taxes haven’t. I’ve filed an appeal of my assessment with the Board of Review, and I’m waiting for the hearing. What is my best argument at the hearing? What should I take with me in the way of evidence? What are my chances in getting the taxes reduced?