Illinois Bar Journal


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Articles From 2011

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The 2011 Rewrite of the Illinois Workers’ Compensation Act By Richard D. Hannigan August 2011 Article, Page 400 Make no mistake, this is not the workers' comp act you knew two months ago. This article highlights key changes.
2011 Spring Session Legislative Roundup By Jim Covington August 2011 Column, Page 392 A summary of key legislation from this year's session.
ABA Ethics, Part 1: new opinions on lawyer websites, e-mail/client confidentiality By Helen W. Gunnarsson October 2011 LawPulse, Page 490 New ethics opinions give helpful e-advice, particularly for lawyers with websites.
ABA ethics, Part 2: Proposed rules address admission on motion, MJP and more By Helen W. Gunnarsson October 2011 LawPulse, Page 490 Proposed ABA model rules speak to admission on motion, multijurisdictional practice, disclosure of confidential information, and choice of law provisions in lawyer-client agreements.
Absolute immunity for child reps By Helen W. Gunnarsson October 2011 LawPulse, Page 490 Immunity from liability is absolute for child representatives working within the scope of their court-appointed duties.
Accident reports to be provided to government agencies upon request. PA 096-1147 March 2011 Illinois Law Update, Page 124 The Illinois Vehicle Code has been amended to require the Department of Transportation to provide upon request copies of written accident reports to federal, state, and local agencies conducting highway safety research and studies. 625 ILCS 5/11-408.  
Active Duty Military: A Special Class of Distressed Homeowners By Steven B. Bashaw October 2011 Column, Page 532 Being forced to sell a home in this economy is a recipe for financial misery.
Administrative Agencies, Regionalized Perinatal Health Care Code, Public Health May 2011 Illinois Law Update, Page 228 The Illinois Department of Public Health recently overhauled its rules regarding the Regionalized Perinatal Health Care Code. 77 Ill Adm Code 640.
Adoption in the Sunshine: Illinois’ Disclosure Law for Adult Adoptees By Paul A. Rodrigues August 2011 Article, Page 414 A look at the Illinois law that reverses years of presumptive confidentiality and gives adult adoptees access to their original birth certificates.
Adoption law pointers By Helen W. Gunnarsson September 2011 LawPulse, Page 434 The August Child Law Section newsletter includes an adoption law legislation roundup and helps lawyers help clients find birth parents and readopt after surrendering parental rights.
Advancing D&O Litigation Expenses: The Power of the Perk By Jennifer A. Waters and Peter V. Baugher January 2011 Article, Page 36 Many companies promise officers and directors an advance of litigation expenses for suits filed against them. But employers may be surprised by the potential costs of this perk.
An aggravated DUI charge based on trace evidence of methamphetamine did not require the state to show that impairment was the proximate cause of the victims’ deaths July 2011 Illinois Law Update, Page 336 An appellate court erred when it reversed the conviction of a man convicted at trial of driving under the influence (DUI) even though there was no evidence of a casual link between impairment caused by a trace amount of methamphetamine and a car accident that killed two people. (See LawPulse in the June IBJ for more about Martin.)
All driver’s license applicants must provide social security numbers. PA 097-0263 October 2011 Illinois Law Update, Page 496 The Illinois Vehicle Code has been amended to remove the social security number exemption for all driver's license applicants. (625 ILCS 5/6-106, 6-110, and 6-510).
Amendments clarify and define standards for abuse and neglect of children May 2011 Illinois Law Update, Page 228 The Department of Children and Family Services (department) recently amended regulations to address federal guidelines established under the Child Abuse Prevention Treatment Act.
Amendments to regulations governing barbershops and related entities April 2011 Illinois Law Update, Page 180 The Department of Financial and Professional Regulation recently adopted amendments adding more stringent sanitary, safety and compliance standards for barbershops and other related entities including cosmetology centers.
‘Appy ‘Olidays! By John G. Locallo December 2011 Column, Page 602 Deck your smartphone with some of these lawyer-friendly apps.
Arbitration agreements unenforceable for lack of mutuality November 2011 Illinois Law Update, Page 556 On August 18, 2011, the Appellate Court for the Fifth District of Illinois affirmed the circuit court's denial of a motion to compel arbitration.
Are cell phones “contraband”? And what’s a “penal institution”? By Helen W. Gunnarsson May 2011 LawPulse, Page 222 A volunteer lawyer is charged with a felony for allegedly bringing "contraband" - her cell phone - into a police station interview room. Volunteering to represent indigents pro bono in an area of law with which you're unfamiliar? Your heart may be in the right place, but be careful.
Are courts cracking down on refusals to answer requests to admit? By Helen W. Gunnarsson February 2011 LawPulse, Page 66 At least one lawyer thinks he sees a trend. Requests to admit are powerful pretrial tools, as every litigator knows. But many courts are reluctant to enforce supreme court rules specifying that requests must be answered or deemed admitted and that wrongful denials trigger attorney-fee awards.
Are Inherited IRAs Exempt from Creditors in Bankruptcy? By Justin F. Polach December 2011 Article, Page 628 Standard IRAs are exempt in bankruptcy and thus unavailable to creditors. But what if the debtor inherited the IRA account - is it likewise exempt? A look at the evolving case law.
Are Nonprofit Hospitals Charitable Institutions? By Antonio Senagore February 2011 Article, Page 96 Is a nonprofit hospital a "charitable use" that qualifies for a property tax exemption? The author reviews the Illinois Supreme Court's Provena decision and predicts its likely effects, one of which is legislation to protect hospitals.
Assaulting a probation officer constitutes aggravated assault. PA 096-1398 August 2011 Illinois Law Update, Page 388 Illinois lawmakers have amended the Criminal Code of 1961 to expand instances when an assault constitutes aggravated assault. 720 ILCS 5/12-2.
Attention estate planners: new Medicaid asset transfer rules finally adopted By Helen W. Gunnarsson November 2011 LawPulse, Page 550 New state regulations, passed in response to federal requirements after years of delay, make it harder for nursing home care recipients to both shelter assets and stay eligible for Medicaid.
Avoiding Legal Malpractice After Union Planters By Matthew S. Dionne June 2011 Article, Page 306 In Union Planters, the Illinois Appellate Court held that a legal malpractice plaintiff need not prove a "case-within-a-case" in an action arising out of transaction-based legal malpractice.  
B-DIT, B-DIT: Tax Planning More Thrilling than Michael Jackson By Katarinna McBride May 2011 Column, Page 262 Here's a new asset-protection strategy so cool you can dance to it.
Back seat passengers must wear seatbelts. PA 097-0016. September 2011 Illinois Law Update, Page 440 The Illinois Vehicle Code has been amended to require all passengers to wear safety belts. (625 ILCS 5/12-603.1). Formerly, the requirement only applied to a driver, front seat passenger, and other riders under the age of 19.
Batson Objections to Peremptory Challenges: Don’t Sidestep the Three-Step Procedure By John M. Broderick April 2011 Article, Page 198 A party making a Batson objection to an opponent's peremptory challenge should have to show that removing the would-be juror amounts to purposeful racial discrimination, the author argues.
Berry and discovery depositions: hard cases make new rules By Helen W. Gunnarsson January 2011 LawPulse, Page 10 The Illinois Supreme Court amends Rule 212 by expanding the permissible uses of discovery depositions to cases where the deponent is a party and has died before trial.
The bloody truth about DUI testing By Helen W. Gunnarsson October 2011 LawPulse, Page 490 Just because the state has blood test results to use against your DUI client doesn't mean the case is over, a defense lawyer argues.
Briefer Briefs: Writing and Speaking Tips from the Supreme Court By Tom Gaylord July 2011 Column, Page 368 Interviews with Supreme Court justices about effective advocacy are themselves good models.