1998 Articles

Access to Information

November
1998
Illinois Law Update
, Page 596
On August 24, 1998, the Office of Illinois State Treasurer adopted amendments to sections 651.101, 651.103, and 651.APPENDIX B. 2 Ill Adm Code 651.

Aid Reinstatement Requirements

November
1998
Illinois Law Update
, Page 596
On September 1, 1998 the Department of Human Services adopted amendments to section 117.15 that alter the requirements for reinstatement to public aid. 89 Ill Adm Code 117.

ALLERTON HOUSE CONFERENCE ’98: Confronting and Embracing Changes in the Practice of Law

By Ellen E. Deason
November
1998
Article
, Page 628
UPL, ADR, judicial independence, technology—all were on the docket at this year's forward-looking Allerton House Conference.

Annual Fee Increase for Insurers

December
1998
Illinois Law Update
, Page 662
On October 1, 1998 the Department of Insurance adopted amendments to sections 4201.10 and 4210.20. 50 Ill Adm Code 4210.

Attorney client privilege protects correspondence between a client and the law firm first retained by that client to pursue his malpractice claim

December
1998
Illinois Law Update
, Page 662
On October 14, 1998, the first district of the Illinois Appellate Court vacated a contempt order arising out of a legal malpractice suit.

Attorney’s fees appropriately awarded in frivolous traffic accident complaint alleging that the defendant had not taken appropriate preventative actions when stopped at a red light

November
1998
Illinois Law Update
, Page 596
On September 8, 1998, the second district of the Illinois Appellate Court affirmed the trial court's imposition of sanctions, under Supreme Court Rule 137 (155 Ill 2d R 137), against the appellant, the law firm of Parrillo, Weiss & O'Halloran, for filing a frivolous complaint.

Call for Nominations from the President-Elect

November
1998
Column
, Page 595
Bar service is an enjoyable and rewarding way to contribute to our profession and our association.

Changes in Child Support Enforcement

December
1998
Illinois Law Update
, Page 662
On September 10, 1998, the Department of Public Aid adopted emergency amendments to various parts of section 160 of its administrative rules concerning child support enforcement. 89 Ill Adm Code 160.

Changes in Individual Care Grants for Mentally Ill Children

December
1998
Illinois Law Update
, Page 662
On September 17, 1998, the Department of Human Services adopted emergency amendments to various parts of section 135 of its administrative rules concerning individual care grants for children with mental illnesses. 59 Ill Adm Code 135.

Charter Schools

November
1998
Illinois Law Update
, Page 596
On September 3, 1998 the state board of education adopted amendments to sections 650.30, 650.40, and 650.60. 23 Ill Adm Code 650.

Closing Arguments in Civil Trials: How Far Can Lawyers Go?

By Jeffrey K. Kroll
December
1998
Article
, Page 666
Find out what you can and can't say in that all-important last statement to the jury.

Corporate Income Tax Formula and Individual Taxpayer Exemption Changed; P.A. 90-613

December
1998
Illinois Law Update
, Page 662
Public Act 90-613 gradually changes the three-factor Illinois corporate income tax formula to a new formula based exclusively on instate sales.

Delinquent Taxpayer Disclosure-HB 2671

December
1998
Illinois Law Update
, Page 662
This bill allows the director of the Department of Revenue to annually disclose a list of taxpayers who are delinquent in the payment of their tax liabilities collected by the Department of Revenue.

DNA Testing Vacates Prior Paternity Action—PA 90-715

November
1998
Illinois Law Update
, Page 596
Amending the Parentage Act, this bill allows an individual to bring an action to declare the non-existence of the parent and child relationship.

Do We Speak for Our Profession?

By Timothy L. Bertschy
November
1998
Column
, Page 588
I was recently asked to speak for our profession on a particular issue.

Establishment of Automated State Case Registry — Public Act 90-790

December
1998
Illinois Law Update
, Page 662
Public Act 90-790 called for the Department of Public Aid to establish an automated state case registry to maintain records of child support orders.

Evidence of Prior Misconduct—When Is It Admissible in a Criminal Case?

By Steven A. Greenberg
December
1998
Column
, Page 694
Here's an overview of state and federal law governing the admission of evidence of prior misconduct.

Expedited Evictions from Private Rental Properties; P.A. 90-557

December
1998
Illinois Law Update
, Page 662
Public Act 90-557 expands "emergency'' public housing eviction proceedings to ``privately owned and managed'' housing.

Free Illinois Legislative Information System Access and Year 2000 Compliance; PA 90-666

November
1998
Illinois Law Update
, Page 596
The Illinois Legislative Information System will be freely accessible through the World Wide Web.

How to Survive the Year 2000 Computer Crisis

By Todd H. Flaming
December
1998
Column
, Page 697
At least you don't need to build a bomb shelter ... or do you?

IBJ full text now online

By Stephen C. Buser
December
1998
Column
, Page 654
TV lawyer dramas aside, closing arguments really are a critical moment in every trial. In this issue, Jeffrey Kroll outlines the dos and don't of closings for Illinois lawyers.

Illinois Strengthens DUI Provisions Ignition Interlock Devices Authorized; PA 90-611 (Approved 7-1-98, effective 7-1-98)

November
1998
Illinois Law Update
, Page 596
Two recent acts stiffen repeat DUI penalties and expand the scope of DUI provisions.

Increase of the Service-Cost Maximums (SCMS) of the Home Services Program

November
1998
Illinois Law Update
, Page 596
On August 14, 1998, the Department of Human Services adopted an amendment to section 679.50, which sets guidelines to determine need and resulting service cost maximums for the department's home services program. 89 Ill Adm Code 679.

Independent contractors are not considered to be employees under the ADEA

November
1998
Illinois Law Update
, Page 596
On September 8, 1998, the Seventh Circuit of the United States Court of Appeals affirmed the district court's holding that the defendant, the North Knox School District.

Lack of Remorse Versus Persistence of Innocence

By Hon. Larry S. Vandersnick
December
1998
Column
, Page 692
Defendants can be sentenced more harshly when they refuse to express remorse -- even for crimes they insist they didn't commit.

Lawyer Liability in Illinois and the Restatement of the Law Governing Lawyers

By Peter A. Monahan & Patricia M. Noonan
November
1998
Article
, Page 606
Here's how this soon-to-be published Restatement is likely to affect lawyer malpractice liability in Illinois.

The Lawyer’s Journal

By Bonnie McGrath
December
1998
Column
, Page 658
RICO and privacy and fraud (and family law), oh my!

The Lawyer’s Journal

By Bonnie Fitzgerald McGrath
November
1998
Column
, Page 590
Post-Ellerth business boom?

Malpractice and the Moorman Doctrine’s “Exception of the Month”

By Mark C. Friedlander & Andrea B. Friedlander
November
1998
Article
, Page 600
The Illinois Supreme Court has found that the economic loss doctrine bars tort malpractice claims against some professionals but not others. But where to draw the line...?

New Annuity Mortality Tables

November
1998
Illinois Law Update
, Page 596
On September 18, 1998, the Department of Insurance adopted amendments to section 935 in response to changes made to the ``NAIC Model Rule Regulation for Recognizing a New Annuity Mortality Table for Use in Determining Reserve Liabilities for Annuities."