Publications

Articles on Law Pulse

Wages and sin

By Helen W. Gunnarsson
June
2005
LawPulse
Page 274
Can an employee who considers homosexuality a sin openly oppose his employer's workplace diversity effort? What are the limits of religious practice and expression in the workplace?

Finding a niche in FSBO home sales

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
Some lawyers are making themselves available to do-it-yourself homesellers, with rewarding results.

The Health Care Surrogate Act: a physician’s finding must in writing

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
The Illinois Supreme Court rules that the Act did not require a hospital to consult a wife before removing a patient from a ventilator because the attending physician had not made a written finding that the patient lacked "decisional capacity."

Losing streak

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
Compulsive gambling is like other pathological behavior that leads lawyers astray, with a big difference – it's not treated as a mitigating factor by the ARDC.

The several risks of joint representation

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
What about representing both members of a couple on an estate plan? Two or more partners to a business deal? You can do it – sometimes – if you take the proper steps.

Till death us do part?

By Helen W. Gunnarsson
May
2005
LawPulse
Page 226
Suppose Michael and Terri Schiavo had resided in Illinois after she became incapacitated, and suppose Michael had wanted (or been willing) to divorce her – would Illinois law have allowed it?

A jumbo legal malpractice case goes to the high court

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
All eyes are on the Tri-G legal malpractice case, where the appellate court ruled for the plaintiff to the tune of $2.3 million.

New IPI instructions are free on the Web

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
Sign up with the supreme court to get notice every time a new IPI instruction is made available.

Sentencing guidelines: mandatory no more

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
The U.S. Supreme Court shook up federal criminal practice by ruling in Booker/Fanfanthat sentencing guidelines are advisory only. Not surprisingly, many questions remain.

To LLC or not to LLC

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
When you're starting a law practice, the LLC is a good form of business organization to choose. Then again, so is the PC.

You take the sofa, I’ll take the Fifth…

By Helen W. Gunnarsson
April
2005
LawPulse
Page 162
Forget about dirty laundry; what if your divorcing client did – or might have done – something criminal? Here's advice about advising clients how and when to take the Fifth.

The gay rights amendment: It’s the law

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
The Illinois Human Rights Act now prohibits many kinds of discrimination against homosexuals, a fact of which you should apprise your clients – whether they like it or not.

HIPAA and POAs revisited

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
Experts still say you shouldn't have to amend your POAs to make them HIPAA compliant, but maybe it's better to be safe than sorry.

Sellers subsidize closings via HUD-approved programs

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
The Nehemiah and AmeriDream programs allow sellers to pick up closing costs for homebuyers without violating RESPA. But is there a downside to this popular practice?

So, does that statute apply to my case?

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
It's often hard to tell exactly when a statute takes effect, but the Illinois Legislative Reference Bureau offers guidance for legislative drafters and practicing lawyers.

Subcontractors beware

By Helen W. Gunnarsson
March
2005
LawPulse
Page 110
Many businesses struggle with how to classify the people who work for them – are they employees or independent contractors? This case won't make it easier.

Making settlement appealing

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
On appeal, opponents rarely meet face to face and thus have little opportunity to explore settlement. A new program seeks to make settling easier at the appellate level.

Proposed legislation would fix an underinsured-motorist pothole

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
Even seasoned lawyers representing victims of underinsured motorists should beware this trap and encourage legislators to remove it.

Salaries at not-for-profits: the IRS takes a hard look

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
If you advise or sit on the board of a tax-exempt organization, take note of an IRS initiative to make sure nonprofits aren't paying employees too much.

Social Security and child support

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
To what extent do benefits constitute income for purposes of determining a parent's child support obligation?

Thomas: Another twist in the fair-debt-collection knot

By Helen W. Gunnarsson
February
2005
LawPulse
Page 62
If you do any collection work, be sure to read this new case from the seventh circuit.

E-filing comes to DuPage County

By Helen W. Gunnarsson
January
2005
LawPulse
Page 8
Electronic filing has come to one Illinois circuit court. Can the rest be far behind?

(Not so) dastardly deeds

By Helen W. Gunnarsson
January
2005
LawPulse
Page 8
If you spot a mistake in a deed, don't panic. There might just be an easy fix.

Rogers: Gifts are income when calculating support owed

By Helen W. Gunnarsson
January
2005
LawPulse
Page 8
The Illinois Supreme Court rules that gifts to a noncustodial parent constitute income for purposes of determining his or her support obligation.

When Johnny and Jenny come marching home

By Helen W. Gunnarsson
January
2005
LawPulse
Page 8
Their jobs had better be awaitin' and the accompanying job rights preserved, or their employers may be guilty of violating federal law.

Ademption preemption

By Helen W. Gunnarsson
December
2004
LawPulse
Page 614
Remember the ademption doctrine from your Wills and Estates class? No? Read on.

All in the (nontraditional) family

By Helen W. Gunnarsson
December
2004
LawPulse
Page 614
The supreme court rules that a man can't vacate a voluntary acknowledgement of paternity even if DNA evidence shows he isn't the father.

Found treasure

By Helen W. Gunnarsson
December
2004
LawPulse
Page 614
Dividends on unclaimed stock belong to the owner, not the state, the supreme court rules.

The Illinois Workers’ Compensation Commission

By Helen W. Gunnarsson
December
2004
LawPulse
Page 614
The Illinois Industrial Commission will get a new name to go with its new, more efficient approach to doing business, the chair says.

When “one appellate court” disagrees with itself

By Helen W. Gunnarsson
December
2004
LawPulse
Page 614
When appellate district panels disagree, which decision controls? The answer is far from certain.

Pages

Select a Different Subject