Publications

Articles From 2002

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Taking the Deposition (and Getting it Right)

By Maureen B. Collins
June
2002
Column
Page 323
Remember that the responses you elicit in a deposition are likely to be only as good as the questions you ask.

Taking the Hell Out of LPL

By Karen J. Dilibert
August
2002
Column
Page 431
Do you really know what malpractice coverage you're getting under a "claims made and reported" policy? And what does "full prior acts" mean? Read on and make yourself a more informed consumer of lawyers' professional liability (LPL) insurance.

Tax Consequences of Settlement in Employment Litigation

By Nile J. Williamson
May
2002
Article
Page 263
Lawyers should allocate settlement proceeds so their clients can avoid tax—but sometimes it's easier said than done.

Ten Easy Things New Lawyers Can Do to Mess up Their Careers

By Karen J. Dilibert
October
2002
Column
Page 557
A career is a terrible thing to waste; but if you insist, here's how to do it.

Ten Questions to Ask Before Taking a Legal-Malpractice Case

By David J. Fish
July
2002
Article
Page 369
Is it worth it to sue another lawyer? Ask these questions before you say ''yes.''

Time frame of initial service plans extended and health added as an ongoing assessment factor

August
2002
Illinois Law Update
Page 402
On May 24, 2002, the Department of Children and Family Services (department) amended several provisions in section 89 of the Illinois Administrative Code. 89 Ill Adm Code 315.

To recover attorney fees from an appeal under the Illinois Marriage and Dissolution of Marriage Act, the party appealing must “substantially prevail” by obtaining relief that is at least 50 percent of the relief sought

April
2002
Illinois Law Update
Page 176
On February 6, 2002 the Appellate Court of Illinois, Fourth District, addressed a question of first impression regarding the meaning of "substantially prevailed" in the attorney fees provision of the Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5/508(a)(3.1).

To Write or Not to Write: Written and Oral Discovery Compared

By Maureen B. Collins
February
2002
Column
Page 97
Interrogatories and depositions each have their strengths and weaknesses; here are basic guidelines for deciding when to use which discovery technique.

The Tort Immunity Anomaly: Failure to Properly Examine or Diagnose

By Michael P. Cogan
September
2002
Article
Page 476
The author argues that county health-care employees should not be immunized for failure to properly diagnose -- as opposed to treat -- illness.

Trial court committed plain error when it gave a jury instruction with “or” instead of “and” between five factors used to balance the weight given to eyewitness testimony

February
2002
Illinois Law Update
Page 66
On November 26, 2001, the Appellate Court of Illinois, First District, reversed the defendant's first-degree murder and attempt (first-degree murder) convictions and remanded the case for a new trial.

Trial venue proper when trial held where investigation occurred that was necessary to establish materiality of defendant’s statements

October
2002
Illinois Law Update
Page 512
On August 8, 2002, the United States Court of Appeals for the Seventh Circuit affirmed the defendant's conviction for making false statements to federal officers in violation of 18 USC § 1001.

The truth about mold

By Helen W. Gunnarsson
October
2002
LawPulse
Page 506
If you practice real-estate law, it's time you learned the moldy facts.

Two-year statute of limitations on intentional infliction of emotional-distress claim tolls from the date of the last incident when the defendant’s conduct is “continuous, by the same actor, and of a similar nature”

February
2002
Illinois Law Update
Page 66
The plaintiff appealed the dismissal of her complaint under § 2-619 of the Illinois Code of Civil Procedure, 735 ILCS 5/2-619, on the grounds that all of her claims were for personal injuries and hence barred by the two-year statute of limitations in § 13-202 of the Illinois Code of Civil Procedure, 735 ILCS 5/13-202.

Uncle Sam sidesteps tenancy-by-the-entirety restrictions

By Helen W. Gunnarsson
July
2002
LawPulse
Page 338
A recent U.S. Supreme Court case holds that tax liens against one spouse attach to property held in tenancy by the entirety by both spouses, putting the IRS in a better position than other creditors.

Under section 11-14(a) of Criminal Code, which defines prostitution, both erotic dancing that involves specific physical contact and touching through clothing are prohibited conduct

December
2002
Illinois Law Update
Page 634
On September 4, 2002, the Appellate Court of Illinois, Second District, affirmed the order of the circuit court of Lake County convicting the defendants of soliciting for a prostitute and prostitution.

Understanding the “Scheme to Defraud” Exception to Promissory Fraud in Illinois

By Roger L. Price and Mark L. Johnson
October
2002
Article
Page 536
The exception has generated a confusing body of case law; the authors propose a way to reconcile the decisions.

Union protection extended to nonunion workers (or “I never promised them a Weingarten”)

By Helen W. Gunnarsson
April
2002
LawPulse
Page 168
A federal circuit court ruling gives nonunion workers the right to have a coworker present at an employer's investigatory interview.

Updated qualifications for administrative law judges

October
2002
Illinois Law Update
Page 512
On July 23, 2002, the Illinois Educational Labor Relations Board (board) adopted two new provisions implementing sections 10-20 and 10-30(b) of the Illinois Administrative Procedure Act (Act).

Using DNA Evidence to Overcome the Presumption of Paternity

By Ronda D. Taylor and Glen and Gene Carson Brucker
September
2002
Article
Page 464
Subsection 7(b-5) of the Illinois Parentage Act allows a man adjudicated ''father'' to use genetic testing to show that he is not.

Utility company does not have duty to insulate power lines over public right of way, especially when decedent aware of the risk of metal coming into contact with the lines

January
2002
Illinois Law Update
Page 14
On October 23, 2001, the Appellate Court of Illinois, Fourth District, affirmed the decision of the Circuit Court of Vermilion County granting summary judgment to Illinois Power in a wrongful death action.

The varying standards of client capacity

By Helen W. Gunnarsson
September
2002
LawPulse
Page 448
Making a will, signing a deed, executing a POA for property; they all require different standards of competence. What are they, and what do they mean for you and your clients?

Veterinarians gain greater opportunities for continuing education

October
2002
Illinois Law Update
Page 512
On July 24, 2002, the Department of Professional Regulation (department) adopted amendments to section 1500 of the Illinois Administrative Code. 68 Ill Adm Code 1500.

Village’s zoning ordinance excluding day care homes from its boundaries is void because the Illinois Child Care Act and DCFS are sole regulators of child care in the state

May
2002
Illinois Law Update
Page 232
On February 8, 2002, the Appellate Court of Illinois, First District, affirmed the partial grant of summary judgment to the plaintiff regarding her complaint against Olympia Fields for preventing her from operating a DCFS-licensed day care out of her home because it violated a village zoning ordinance.

The Virtual Courtroom

By Loren Golden
November
2002
Column
Page 576
Continuing on with my ongoing discussion regarding my theme of "Back to the Future," this President's Page will address the ISBA's efforts to make the lawyer's professional life more efficient, more cost effective, more profitable, more client friendly and, yes, more pleasurable.

Water-testing services created

February
2002
Illinois Law Update
Page 66
On October 30, 2001, the Department of Nuclear Safety (department) adopted eight new provisions in section 336 of the Illinois Administrative Code. 32 Ill Adm Code 336.

What’s the Measure of Judicial Excellence?

By Hon. Lloyd A. Karmeier, Hon. Morton Denlow, Alfred M. Swanson Jr., Celia G. Gamrath, Hon. Edward J. Schoenbaum, and Michele M. Jochner
October
2002
Article
Page 516
What separates a merely competent judge from an excellent one? Here's a review of the qualities.

When court terminates parental rights, appeal of that determination does not stay termination

November
2002
Illinois Law Update
Page 584
On August 29, 2002, the Illinois Supreme Court reversed in part and vacated in part the decision of the appellate court in this child custody case.

When Do Statutes Apply Retroactively? Illinois’ Latest Standard

By Robert C. Feldmeier
March
2002
Article
Page 134
For the second time in five years, the supreme court changed the standard for determining when new statutes apply to existing cases.

When issuing dispositional order for indefinite time period, trial court must consider whether minor will be detained for period greater than maximum sentence an adult would receive for committing same offense

November
2002
Illinois Law Update
Page 584
On July 10, 2002, the Appellate Court of Illinois, Second District, modified the dispositional order entered by the Circuit Court of Winnebago County to reflect that the minor respondent was committed to the Department of Corrections (DOC) for an indeterminate period not to exceed five years.

When police observe a possible drug transaction, stop the defendant and receive garbled answers to questions, police have probable cause to order defendant to remove items from his mouth

July
2002
Illinois Law Update
Page 344
On April 18, 2002, the Supreme Court of Illinois reversed the decision of the appellate court and reinstated the defendant's drug conviction.

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