Publications

Articles From 2003

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2002 Illinois Supreme Court Criminal Cases: Searches, Statutes, and More on Apprendi

By Evelyn G. Baniewicz
April
2003
Article
Page 180
The court's 2002 criminal cases.

2003 Spring Session Roundup

By Jim Covington
August
2003
Column
Page 380
A summary of key bills passed this session by the General Assembly.

Actions for intentional infliction of emotional distress based upon conduct occurring in the martial setting will be recognized

December
2003
Illinois Law Update
Page 600
On September 18, 2003, the Illinois Supreme Court affirmed the judgment of the fifth district appellate court, which held that the plaintiff could maintain a cause of action for intentional infliction of emotional distress caused by her ex-husband's pattern of abusive treatment during their marriage.

Ad Campaign Promotes Value of ISBA Lawyers

By Loren Golden
February
2003
Column
Page 56
I'm reminded of the story of the little boy, Tommy, who was 12 years old and hadn't spoken a word since birth.

Adjectives, Adverbs, and More

By Lisa McGrady
April
2003
Column
Page 205
So when do you use "whom"? Our grammar review continues with adjectives, adverbs, prepositions, and pronouns.

Admitting Other-Crimes Evidence: A Call for Change

By Brendan Max
March
2003
Article
Page 132
When can; and should; evidence that the defendant committed other crimes be admitted to help establish guilt of the crime charged?

Adoption policies changed

January
2003
Illinois Law Update
Page 14
On October 23, 2002, the Department of Children and Family Services (department) amended rules relating to parental fitness and general adoption policies in title 89 of the Illinois Administrative Code.

Adverse Examination of Former Employees in Illinois

By Jeffrey K. Kroll and J. Ryan Potts
June
2003
Article
Page 300
Illinois plaintiffs should be allowed to treat former employees of corporate defendants as adverse witnesses, these authors argue.

Affidavit of intent to file for petition for leave to appeal must comply with traditional meaning of affidavit and not just provide notice to opposing party

March
2003
Illinois Law Update
Page 116
On December 5, 2002, the Illinois Supreme Court dismissed the defendant's appeal because the document it filed entitled "Affidavit of Intent to File Petition for Leave to Appeal" was not an "affidavit," but rather a simple pleading.

Amendment to Business Corporation Act of 1983 P.A. 92-0771

January
2003
Illinois Law Update
Page 14
Gov. Ryan signed into law an amendment to the Business Corporation Act of 1983 which provides that a corporation may allow members entitled to vote to participate in any meeting through the use of interactive technology.

Amendment to Vehicle Code requires proof financial responsibility from three-time offenders P.A. 92-0775

January
2003
Illinois Law Update
Page 14
A recent amendment to the Illinois Vehicle Code provides that a person convicted a third or subsequent time of driving without liability insurance must provide proof financial responsibility to the secretary of state for at least one year.

Amendments adopted for Department of Corrections

May
2003
Illinois Law Update
Page 226
The Illinois Department of Corrections (department) recently adopted amendments to 20 Ill Adm Code 110. Effective March 1, 2003, the changes affect the procedure for reimbursement of expenses incurred by incarcerated offenders

Amendments Made Affecting Providers in the Medical Assistance Program

November
2003
Illinois Law Update
Page 550
The Illinois Department of Public Aid recently adopted amendments to 89 Ill. Adm. Code 104. Effective August 1, 2003, the changes implement new provisions under P.A. 92-789.

Amendments Made Regarding Safety in Bars and Clubs Serving Alcohol P.A. 03-0551

December
2003
Illinois Law Update
Page 600
Effective immediately, premises licensed for alcohol consumption are limited in the types of materials they may use on those premises.

Amendments made to Early Intervention Program

April
2003
Illinois Law Update
Page 168
The Illinois Department of Human Services (department) recently adopted amendments to 89 Ill Adm Code 500, relating to the Early Intervention Program, a component of Early Childhood Services.

Amendments to Dental and Long-Term Care Programs

December
2003
Illinois Law Update
Page 600

Apportioning Stock Options at Divorce: A Detailed Guide

By Michael W. Kalcheim
September
2003
Article
Page 454
Companies still use stock options; here's how to apportion them.

The Art of Direct Examination

By Terrence J. Lavin
June
2003
Article
Page 305
A trial lawyer's guide to effectively examining experts and plaintiffs.

Assessing reassessments

By Helen W. Gunnarsson
August
2003
LawPulse
Page 374
Appellate court precedent makes it difficult for assessors to change the valuation of property more often than once every four years. But what are the limits on assessors' authority to "revise and correct"?

Attorney previously disbarred in Missouri who violates Illinois Rule of Professional Conduct 1.5(f) subject to two-year suspension rather than censure

February
2003
Illinois Law Update
Page 62
On November 21, 2002, the Illinois Supreme Court held that attorney Storment violated Illinois Rule of Professional Conduct 1.5(f) when he failed to obtain his client's written consent to a division of fees with another attorney.

Attorney-Client Privilege, Corporate Clients and the Control-Group Test

By Daniel J. Polatsek
February
2003
Article
Page 80
An explanation of how and when the attorney-client privilege protects communications between a corporate client and a third party.

Avoiding a Coverage Hangover

By Karen Erger
August
2003
Column
Page 415
Shopping for new malpractice insurance? Make sure you don't create a gap in your coverage if and when you switch insurers.

Avoiding the Medicare Trap: Workers’ Comp and Medicare Secondary-Payer Regs

By Brad E. Bleakney B
December
2003
Article
Page 604
Drafters of settlement agreements beware: you must account for Medicare's lien.

Avoiding Tort Immunity Pitfalls

By Edward W. McNabola
June
2003
Article
Page 284
An overview of the challenges to litigants posed by the governmental tort immunity statute.

Back to the Basics of Grammar and Style

By Maureen B. Collins
February
2003
Column
Page 91
Sexy they're not, but grammatical rules and conventions are too important to ignore.

Bankrupt employees; no firing after filing?

By Helen W. Gunnarsson
July
2003
LawPulse
Page 326
Employers may not "discriminat[e] or retaliat[e] against" employees who have filed for bankruptcy. But what does that mean?

Bankruptcy reform still a waiting game

By Helen W. Gunnarsson
January
2003
LawPulse
Page 8
Congress has yet to pass bankruptcy reform legislation. Meanwhile, the bankruptcy bar has had little success in tempering provisions they say are unfriendly and unfair to lawyers.

Being Right Versus Saying it Right

By Maureen B. Collins
November
2003
Column
Page 577
As this cautionary tale illustrates, sometimes what you say to a client is less important than how you say it.

Beyond Eat-What-You-Kill: Determining Partner Compensation

By John W. Olmstead
November
2003
Column
Page 575
Make sure your partner-compensation system encourages behavior that advances, not undermines, your firm's strategic goals.

Blind plea, blind justice?

By Helen W. Gunnarsson
January
2003
LawPulse
Page 8
Capital murder trials put a strain on county budgets, which has led to second-class justice in some cases, critics charge. But improvements in the capital litigation system are making a difference.

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