Publications

Articles From 2007

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Ethical Challenges When Lawyers Sell Non-Legal Services

By Jennifer E. Smiley and Michael L. Shakman
May
2007
Article
Page 258
A review of the ethical rules that apply when lawyers seek to broaden their practices by offering non-legal services.

Even More Uncertainty about Estate-Tax Apportionment

By Carleen L. Schreder
June
2007
Article
Page 306
Two recent decisions interpreting apportionment waiver clauses in wills and revocable trusts make new law. Here's an analysis.

Ex post facto Medicaid “planning”

By Helen W. Gunnarsson
November
2007
LawPulse
Page 570
May an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.

Extra fees for extra effort - a win in the appellate court

By Helen W. Gunnarsson
February
2007
LawPulse
Page 66
The appellate court reversed the trial court's rejection of a plaintiff's firm's argument that its extraordinary effort justified fees that exceeded the statutory med-mal limit.

Extraterritorial arrest valid when officer does not resort to powers of his office

November
2007
Illinois Law Update
Page 576
On August 24, 2007, the Illinois Appellate Court, Fifth District, upheld the judgment of the Circuit Court of Williamson County denying the defendant's motion to suppress all evidence seized during his arrest.

Fastcase: A Legal Research Tool Whose Time Has Come

By Thomas Keefe
January
2007
Column
Page 46
A summary of ISBA's free research offering.

Finding Illinois Municipal Ordinances Online

By Tom Gaylord
March
2007
Column
Page 156
They can be hard to come by online - here's where to find them.

Finding Your Way Around the Servicemembers Civil Relief Act

By Michael D. Schag
February
2007
Article
Page 76
The SCRA protects military personnel in areas ranging from leases to consumer credit to taxes. Here's how it works.

Fitness to Stand Trial in Juvenile Court: The Worst of Both Worlds?

By Karl Menninger and Thomas R. McMahon
June
2007
Article
Page 316
Juveniles unfit to stand trial because of mental illness arguably enjoy neither procedural protection nor better care.

From Here to Retainer Fees

By Helen W. Gunnarsson
December
2007
Article
Page 636
Learn how to craft retainer agreements to define and clarify the scope of your engagement, why it’s important to collect fees up front, and more.

Frye-ing the HGN test

By Helen W. Gunnarsson
November
2007
LawPulse
Page 570
The Illinois Supreme Court rules that a Frye hearing must be held to decide whether the horizontal gaze nystagmus test reliably indicates alcohol impairment.

Gas thieves to have driving privileges suspended

June
2007
Illinois Law Update
Page 292
The Illinois Secretary of State has inserted a new section into 92 Ill Adm Code 1040.

Getting back in the closings game

By Helen W. Gunnarsson
January
2007
LawPulse
Page 8
Lawyers should try to reclaim their place at the residential real-estate table, a leading practitioner writes. And that requires more than going along for the ride.

Goodbye to number, length limits for Illinois appellate opinions

By Helen W. Gunnarsson
February
2007
LawPulse
Page 66
The supreme court lifted its 12-year-old limit, effective last month. Will its next step be to publish Rule 23 opinions on its Web site? Appellate advocates hope so.

Governor Puts Predatory Lending Legislation on Hold

By James Weston
April
2007
Column
Page 214
An executive order shuts down a controversial program to combat predatory lending.

Guardian Ad Litem, Attorney for the Child, Child Representative: How’s the System Working?

By Helen W. Gunnarsson
July
2007
Article
Page 352
Eighteen months ago, Illinois redefined the roles of the GAL, child representative, and attorney for the child. How are courts and lawyers coping with the new system?

Guidelines passed for distinguishing employees and independent contractors. PA 095-0026

October
2007
Illinois Law Update
Page 516
The Illinois General Assembly has passed the Employee Classification Act in an attempt to prevent the improper identification of employees as independent contractors.

Hearing to rescind a suspended driver’s license must occur within 30 days of filing

March
2007
Illinois Law Update
Page 124
On December 21, 2006, the Illinois Supreme Court reversed the decisions of the Illinois Appellate Court, Second District, and the Circuit Court of Kane County, and held the 30-day time limit within which a circuit court must hold a hearing on a petition to rescind the statutory suspension of a driver's license begins when the petition is filed with the circuit court, not when the state is served with the petition.

Heed the Warning of the “Bad Feeling”

By Karen Erger
April
2007
Column
Page 212
Watch for warning signs that presage problem clients.

Helping Business Owners Avoid Personal Liability

By Markus May
June
2007
Article
Page 310
A recent case describes how business owners should run their companies as separate entities to avoid being held personally liable.

Helping Parents Plan for Children with Special Needs

By Kerry R. Peck and D. Rebecca Mitchell
February
2007
Article
Page 82
Drafting tips to help lawyers help parents plan, financially and otherwise, for special-needs children.

A Higher bar for Class Action Litigation in Illinois

By Justin Lee Heather
July
2007
Article
Page 356
A look at the Illinois Supreme Court's recent Avery and Gridley decisions and their dampening impact on class lawsuits.

Hire Laterally, Think Ethically

By Helen W. Gunnarsson
May
2007
Article
Page 240
Some things Illinois lawyers and law firms should think about before making a lateral move or hire.

Horse meat no longer for human consumption. PA 095-0002

October
2007
Illinois Law Update
Page 516
The Illinois General Assembly has amended or added to numerous Acts which deal with the slaughter of animals and the use of horse meat for human consumption.

Hospital not liable for off-duty worker’s disclosure of patient info

By Helen W. Gunnarsson
March
2007
LawPulse
Page 118
The Illinois Supreme Court rules that a phlebomist's disclosure at a local tavern of a patient's blood-test results was outside the scope of her employment.

How the Business Services Department Can Help You

By Lin Hanson
September
2007
Column
Page 492
Online filing? Advance review of filings? The SOS offers that and more.

“Identified offender” rules repealed for under age 22 long term care facilities

July
2007
Illinois Law Update
Page 348
The Department of Public Health has made changes to Part 390 (Long Term Care for Under Age 22 Facilities) of Title 77 (Public Health) to reflect amendments to the Nursing Home Care Act, 210 ILCS 45/2-101 et seq.

Identity theft law applies to undocumented immigrant’s purchase of social security card

July
2007
Illinois Law Update
Page 348
On May 9, 2007, the Illinois Appellate Court, Second District, affirmed the order of the Circuit Court of Winnebago County, finding the defendant guilty of two counts of identity theft and sentencing her to 30 months probation, 100 hours of public service, and a $500 fine.

Identity theft laws now offer increased protection - PA 094-1008

February
2007
Illinois Law Update
Page 72
Due to the increasing instances of identity theft, the Illinois legislature has amended several sections of the Illinois Criminal Code (Code). 

If the Gloves Don’t Fit…

By Hon. Ron Spears
August
2007
Column
Page 436
Physical evidence can have a huge impact, but know whether it will help or hurt your client.

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