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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

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