Illinois Bar Journal


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Articles From 2005

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Fee Not-So-Simple: Referral Fee Dos and Don’ts By Helen W. Gunnarsson May 2005 Article, Page 236 It's permissible to refer cases to other lawyers and share in the fee, as long as you meet the requirements.
Fees, Part 1: Budgeting required for Capital Litigators By Helen W. Gunnarsson September 2005 LawPulse, Page 438 Appointed criminal defense counsel must now submit budget estimates under the amended Capital Crimes Litigation Act.  
Fees, Part 2: Higher ceilings for court-appointed attorneys? By Helen W. Gunnarsson September 2005 LawPulse, Page 438 Fees, Part 2: Higher ceilings for court-appointed attorneys?
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.
Finding Haystacks: Context in Legal Research By Thomas Keefe September 2005 Column, Page 484 A necessary first step in legal research is to identify what an answer might look like and where one might find it.
A finding of depravity in parental rights hearing supported by felony convictions August 2005 Illinois Law Update, Page 390 On May 24, 2005, the Illinois Appellate Court, Third District, affirmed the decision of the Circuit Court of Peoria County finding the respondent unfit to retain custody of his two children and terminating his parental rights.
For LLC Minority Owners, “Fair Value” Often Isn’t By Lin Hanson March 2005 Column, Page 148 Minority shareholders' lack of control can make their shares worth less if they try to sell out.
For the doctrine of boundary by acquiescence to apply, both parties must acquiesce to the boundary in question for a considerable period of time February 2005 Illinois Law Update, Page 68 On December 9, 2004, the Illinois Appellate Court, Second District, affirmed in part, vacated in part, and remanded in part the decision of the Circuit Court of McHenry County awarding the plaintiffs certain property by reason of adverse possession.
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.
General Contractors’ Liability for Injury to Subcontractors’ Workers: A Confusing Construct By G. Grant Dixon, III May 2005 Article, Page 248 How much control must general contractors in Illinois exercise over a workplace to make them liable for injuries to a subcontractor's workers? A look at the conflicting cases.
Get ready for MCLE By Helen W. Gunnarsson November 2005 LawPulse, Page 558 Did you know that programs offered as early as January 2006 can be counted toward the MCLE requirement? Here are highlights of the new rules.
Getting the Most from Medical Witness Treaters and Experts: A Trial Lawyer’s Guide By Terrence J. Lavin May 2005 Article, Page 246 How to find and use physicians and other medical witnesses.
Gifts and unrepaid loans should be included when calculating child support obligations February 2005 Illinois Law Update, Page 68 On November 18, 2004, the Illinois Supreme Court upheld the orders of the appellate and circuit courts which increased the amount of child support that the father was obliged to pay. 
Giving Jurors What They Want By Hon. Ron Spears May 2005 Column, Page 260 Jurors want to do a good job. Let's help them.
Guardianship requirements amended - PA094-0579 October 2005 Illinois Law Update, Page 506 On August 12, 2005, the Probate Act of 1975 (755 ILCS 5) (Act) was modified to specify new conditions under which one may act as a guardian of both the person and the estate. 
Guidelines for the storage and dissemination of driver’s license images November 2005 Illinois Law Update, Page 564 In Part 1030 of Title 92, 92 Ill Adm Code 1030, the Secretary of State (Secretary) has added a new section to clarify the regulations regarding the use and distribution of images that are obtained by the Secretary.
Handling High-Maintenance Clients By Helen W. Gunnarsson August 2005 Article, Page 398 Angry clients, irrational clients, obsessive clients – how do you handle them? ISBA lawyers share their strategies.
Hazardous Materials Regulations Amended March 2005 Illinois Law Update, Page 116 The Illinois Department of Transportation recently amended 92 Ill Adm Code 171, effective December 20, 2004.
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."
Help Your Client Choose the Right Advance Directive By Helen W. Gunnarsson June 2005 Article, Page 284 Advance directives aren't as simple as most people think. Here's how to help clients tailor POAs and living wills to their wishes.
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.
HIV/AIDS Confidentiality and Testing Code incorporates federal rapid testing guidelines and adopts limited exceptions to confidentiality of test results January 2005 Illinois Law Update, Page 14 The Department of Public Health recently amended the HIV/AIDS Confidentiality and Testing Code under 77 Ill Adm Code 697. 
Home Health and Hospice drug dispensation and Administration Act passed PA094-0638 December 2005 Illinois Law Update, Page 622 An effort to provide hospice and home health care service providers with more protection, while at the same time making certain medications available to patients.
An Honest Look at Tort Reform By Ole Bly Pace, III April 2005 Column, Page 160 ISBA has commissioned an unbiased study of the relationship between malpractice litigation and insurance rates.
Hospital and HMO Liability for Contract Physician Malpractice: An Update By Robert J. Napleton February 2005 Article, Page 88 This article offers a trial lawyers' perspective on how the apparent agency doctrine has evolved since Gilbert v Sycamore Municipal Hospital
How Illinois’ Homestead Exemption Really Works By David J. Dwyer May 2005 Article, Page 252 Here's how to calculate property taxes in Cook County under the new law.
Icc personnel barred from accepting gratuities December 2005 Illinois Law Update, Page 622 Part 100 of Title 83 has been amended by the Illinois Commerce Commission to adhere to section 2-102(b) of the Public Utilities Act to bar the Commission's personnel from accepting gratuities from entities that are subject to the Commission's supervision. 
Illinois Attorney General may bring actions for civil rights violations PA 093-1017 February 2005 Illinois Law Update, Page 68 Whenever the Illinois Attorney General has reasonable cause to believe a person or group of persons is engaged in a pattern and practice of discrimination prohibited by the Illinois Human Rights Act.
Illinois criminalizes the use of audio-visual recording equipment to tape movies inside movie theaters PA 093-0804 April 2005 Illinois Law Update, Page 170 Effective immediately, any person who knowingly operates an audiovisual recording function on a device where a motion picture is being exhibited, without permission from the owner or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, is guilty of criminal use of a motion picture exhibition facility.
Illinois Ethics Opinions on the Internet By Thomas Keefe November 2005 Column, Page 596 There's plenty of material about Illinois ethics law on the 'Net, much of it freely available