Publications

Articles From 2012

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Federal pilot program puts cameras in northern district courts

By Helen W. Gunnarsson
February
2012
LawPulse
Page 70
Illinois' northern district is one of 14 courts participating in a federal program that allows videorecording of civil cases before district judges if all parties consent.

Fiduciary-duty exception to attorney-client privilege does not exist in Illinois

June
2012
Illinois Law Update
Page 292
Illinois courts have not recognized a fiduciary-duty exception to attorney-client privilege. On March 22, 2012, the Illinois Appellate Court refused to find such an exception, reversing the opinion of the trial court.

Fines designated to the Violent Crimes Victim Assistance Fund have increased. PA 097-0816

October
2012
Illinois Law Update
Page 520
Persons convicted of or placed under supervision for a misdemeanor, a felony, or some offenses under the Illinois Vehicle Code after July 1, 2012, must now pay increased fines to fund the Violent Crimes Victim Assistance Fund.

First district clarifies meaning of “all taxes due” under 2003 Tax Delinquency Amnesty Act

November
2012
Illinois Law Update
Page 580
On August 22, 2012, the first district appellate court held that a taxpayer who filed an amended tax return was rightly assessed a double interest charge under the Unified Penalty and Interest Act ("Penalty Act") because it failed to pay its entire tax liability for the years 2000 and 2001 during the 45-day amnesty period created by the 2003 Tax Delinquency Amnesty Act ("Amnesty Act").

For Sale by Owner: Getting the Most for Your Law Practice

By Maria Kantzavelos
October
2012
Article
Page 524
How much is your practice worth? How can you maximize its value? How do you find buyers? Even if you aren't ready to sell, experts say the time to ask yourself these questions is now.

Foreclosure mediation programs finding homes throughout the state

By Adam W. Lasker
April
2012
LawPulse
Page 178
A McLean County program puts homeowners and lenders together with mediators to help work out agreements and uses U of I law students to represent homeowners in mediation.

Forms and Drafting Resources for Illinois Attorneys

By Tom Gaylord
September
2012
Column
Page 496
One benefit of practicing in a large jurisdiction - there are lots of forms.

Getting Debtor Names Right Under the UCC

By Michelle Nijm
June
2012
Column
Page 332
It’s harder than you think, but pending legislation would ease the burden.

Getting Your Amicus Brief Before the Seventh Circuit and Illinois Supreme Court

By Bruce Braverman
July
2012
Article
Page 376
Convincing the seventh circuit or the Illinois Supreme Court to grant leave to file an amicusbrief is hard and getting harder. Here's how to maximize your chances.

Governmental tort immunity for ice and snow on recreational property

By Adam W. Lasker
December
2012
LawPulse
Page 626
Plaintiffs can't recover from a local government for injuries caused when they slip on snow and ice on recreational property, the Illinois Supreme Court ruled recently.

Governor proposes constitutional amendment to allow ethics referenda

By Adam W. Lasker
April
2012
LawPulse
Page 178
Governor Quinn proposes a constitutional amendment to allow voters to enact statewide ethics laws through ballot-initiated referenda questions.

A “green light” for Illinois motorcyclists. PA 097-0627

February
2012
Illinois Law Update
Page 76
Illinois lawmakers have amended the Illinois Vehicle Code to better accommodate motorcyclists (625 ILCS 5/11-208.6 and 11-306).

Guardianship and Nontraditional Families

By Professor Jeffrey A. Parness
December
2012
Column
Page 660
Family relationships have evolved, and so have guardianships.

Handling Confrontational Clients

By Maria Kantzavelos
December
2012
Article
Page 636
Learn techniques to help you manage your relationship with confrontational clients.

Happy 100th, Illinois Bar Journal

By Thomas J. Hunter
January
2012
Article
Page 20
The ISBA's flagship publication debuted before World War I and continues into the digital age. Here's a look at 100 years of IBJ history.

Hat Couture

November
2012
Column
Page 590
From the archives.

The Hat Trick: Don’t Be the Accidental Lawyer

By Karen Erger
June
2012
Column
Page 328
You can’t not be a lawyer, so always be on your best behavior.

The high court empowers the ARDC to go after UPL

By Helen W. Gunnarsson
January
2012
LawPulse
Page 10
New rules give the Illinois Attorney Registration and Disciplinary Commission authority to prosecute actions for the unauthorized practice of law.

High court overturns default order against dad in neglect proceeding

By Helen W. Gunnarsson
February
2012
LawPulse
Page 70
The supreme court finds that a default order against a father who wasn't served with a petition to terminate his parental rights should be set aside.

High court: state must provide videorecordings in DUI misdemeanor cases

By Helen W. Gunnarsson
February
2012
LawPulse
Page 70
Police videorecordings of traffic stops must be made available to DUI defendants even in misdemeanor prosecutions, the Illinois Supreme Court rules.

High court: unpaid property tax not a bar to running for municipal office

By Adam W. Lasker
October
2012
LawPulse
Page 514
The Illinois Supreme Court limited the reach of the candidate-qualifications statute to make it harder to remove candidates from the ballot for "indebtedness to the municipality."

The High Price of Low Funding

By Chief Justice Thomas L. Kilbride
November
2012
Article
Page 587
While courts must be frugal, the other branches have a responsibility to adequately fund our justice system, Illinois' chief justice says.

Holiday Greetings

By John E. Thies
December
2012
Column
Page 624

The Homeownership Mortgage Loan Program

September
2012
Illinois Law Update
Page 464
The Homeownership Mortgage Loan Program ("the Program"), authorized by Sections 7.19 and 7.23 of the Illinois Housing Development Act [20 ILCS 3805/7.19 and 7.23], provides for origination, making, and purchasing of residential mortgage loans to attain the general objectives of the Illinois Housing Development Act. 47 Ill. Adm. Code 300.

Homestead and the “Purchase Money Mortgage” Exception

By Joseph R. Fortunato Jr.
January
2012
Column
Page 52
When only one spouse takes title to the house, must the other sign the mortgage?

Housing Crisis Intervention: Foreclosure Mediation in Illinois

By Maria Kantzavelos
June
2012
Article
Page 296
Proponents say foreclosure mediation helps homeowners find relief – or at least closure – in an often forbidding legal process. Here’s what’s underway in the various counties.

The Illegal Immigrant as P.I. Plaintiff: Determining Lost Wages

By Douglas A. Wolfe
June
2012
Article
Page 312
Is an undocumented immigrant plaintiff entitled to recover future lost wages at a U.S. rate of pay? No Illinois court of review has decided, but here’s a look at what other jurisdictions are doing and what Illinois might – and should – do.

Illinois Estate and Generation-Skipping Transfer Tax return

November
2012
Illinois Law Update
Page 580
The Attorney General recently implemented revisions to the regulations governing estate tax treatment of civil unions. 86 Ill. Adm. Code 2000.

Illinois FMLA would cover civil unions

By Adam W. Lasker
May
2012
LawPulse
Page 234
An Illinois legislative proposal would give members of a civil union the same benefits enjoyed by married couples under the federal Family and Medical Leave Act.

Illinois high court recognizes ‘intrusion upon seclusion’

By Adam W. Lasker
December
2012
LawPulse
Page 626
Lawyers who advise employers should especially take note of the intrusion tort's implications for snooping into current and former employees' private affairs.

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