Publications

Articles From 2013

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ISBA’s New Lawyer Task Force

By Paula H. Holderman
August
2013
Column
Page 384
The challenges of young practitioners take center stage.

It’s Time for Serious Legal Education Reform

By John E. Thies
April
2013
Column
Page 168
High law-school debt hurts the profession and the public.

Judgment and memorandum of judgment expire simultaneously

May
2013
Illinois Law Update
Page 228
On February 26, 2013, the third district appellate court held that a judgment creditor must revive its judgment and file a memorandum of revived judgment within seven years from the date the original judgment was entered or previously revived.

Judicial proceedings may now be videotaped and broadcast or televised. PA 097-1099

January
2013
Illinois Law Update
Page 16
The Illinois Code of Civil Procedure has been amended to allow videotaping and broadcasting or televising of judicial proceedings. 735 ILCS 5/8-701.

Lake County bans nonlawyer representatives at tax appeals board

By Adam W. Lasker
June
2013
LawPulse
Page 278
Lake is the latest Illinois county to confront UPL by prohibiting nonlawyers from representing parties before the tax appeals board of review.

Law authorizes 17-year-olds to vote, online voter registration - but wait, there’s more

By Adam W. Lasker
September
2013
LawPulse
Page 446
Amendments to Illinois election law also create a board of election commissioners for Lake County, require more petition signatures for a would-be Chicago alderman, and make other changes.

Lawlor: A Roadmap for Limiting Punitive Damages

By Eric J. Muñoz
June
2013
Article
Page 298
A recent Illinois decision makes it easier for businesses only vicariously liable to limit punitive damages awards.

Lawyer Disqualification for Conflict of Interest

By H. Joseph Gitlin
January
2013
Column
Page 48
Denying a client the lawyer of choice should not be done lightly.

Lawyers and LinkedIn endorsements: proceed with caution

By Adam W. Lasker
January
2013
LawPulse
Page 10
LinkedIn members know that "endorsements" are popping up everywhere. Can you make and accept them? Yes, but mind your ethical ps and qs, an authority warns.

Lawyers Feeding Illinois Exceeds Million-Meal Goal

By John E. Thies
May
2013
Column
Page 220
The project provided more that 1.2 million meals to hungry Illinoisans.

The Lawyer’s iPad: Using Tablets in Your Practice

By Maria Kantzavelos
May
2013
Article
Page 232
Can you really use your mobile device to practice more effectively? Tech experts say "yes" and tell you how.

Legislature considering modifications to small-estate affidavits

By Adam W. Lasker
April
2013
LawPulse
Page 170
ISBA-proposed changes would make the small-estate affidavit a more effective and easier-to-use probate avoidance device, a key proponent says.

Limited Scope, Expanded Opportunity

By Ed Finkel
October
2013
Article
Page 508
Recent Illinois Supreme Court rule changes enable lawyers to represent clients in litigation for only a portion of a case. Proponents say that's good for lawyers, clients, and judges.

Limiting Claims Against Dissolved Corporations

By William A. Price and Brian Caster
June
2013
Column
Page 312
The Dissolution Statute requires claims to accrue before the dissolution or be denied, the high court rules.

Lincoln on the Wall

By Hon. Ron Spears
February
2013
Column
Page 104
Lincoln was an exemplary but not perfect lawyer - which makes his example all the more inspiring.

Liquidated damages of $500 per Telephone Consumer Protection Act violation not punitive, and thus insurer must pay

August
2013
Illinois Law Update
Page 392
On May 23, 2013, the Illinois Supreme Court held that the Telephone Consumer Protection Act of 1991 ("TCPA"), 47 U.S.C. section 227(b)(3) (2006), was a remedial statute, not a punitive statute.

Loan is null and void if made pursuant to Consumer Installment Loan Act by lender who is not licensed under that Act. PA 097-1039

January
2013
Illinois Law Update
Page 16
Illinois lawmakers have amended the Consumer Installment Loan Act (205 ILCS 670/20) and the Payday Loan Reform Act (815 ILCS 122/4-10) by declaring a loan made pursuant to either act to be null and void if its lender is not licensed under such act.

The Mailbox Rule and Workers’ Comp: A Better Route for Circuit Court Review

By Brad A. Elward
December
2013
Article
Page 632
The Illinois Supreme Court recently applied the mailbox rule to filings for circuit-court review of Workers' Compensation Commission rulings. Here's what it means.

Making Constitutional Challenges to the Illinois Tax on Trust Income

By Robert J. Kolasa
November
2013
Article
Page 584
Under Illinois law, income from a trust created by an Illinois resident is taxable even if the trust is not otherwise connected to Illinois. But is the state tax constitutionally infirm?

Managing Discovery of Electronically Stored Information in Illinois

By Professor Jeffrey A. Parness
June
2013
Column
Page 316
While other jurisdictions address discovery challenges posed by ESI, Illinois has yet to act.

Marital property valued on date of dissolution in bifurcated proceeding

March
2013
Illinois Law Update
Page 124
On December 28, 2012, the Supreme Court of Illinois held that, in a bifurcated marital dissolution proceeding, the date of trial on which marital property must be valued under section 503(f) of the Illinois Marriage and Dissolution of Marriage Act ("Dissolution Act") refers to the date the judgment for dissolution is rendered.

Marketing Your Practice via Social Media

By Maria Kantzavelos
April
2013
Article
Page 180
You can find clients on Facebook and LinkedIn. Or, more to the point, they can find you. But be sure to go about it the right way or you'll lose business and run afoul of ethics rules.

Medical staff members have the right to a personal attorney regarding staff privilege determinations. PA 097-1006

February
2013
Illinois Law Update
Page 72
Illinois lawmakers have amended the Hospital Licensing Act's required minimum procedures regarding "clinical privilege determinations" for hospitals' current medical staff members. 210 ILCS 85/10.4.

Modifications made to definition of “eligible offender” in the Unified Code of Corrections. PA 097-1113

June
2013
Illinois Law Update
Page 284
Illinois lawmakers have amended the Unified Code of Corrections by modifying the definition of "eligible offender" as it relates to a judge's discretion in granting "relief from forfeitures and disabilities automatically imposed by law." 730 ILCS 5/5-5.5-5.

Moratorium for charter schools with a virtual schooling component. PA 098-0016

August
2013
Illinois Law Update
Page 392
The legislature has enacted a moratorium of one year, from April 1, 2013 until April 1, 2014, on "the establishment of charter schools with virtual-schooling components" in school districts not organized under Article 34 of the Act. 105 ILCS 5/27.

Mortgage Foreclosure and Standing to Sue

By Steven B. Bashaw
January
2013
Column
Page 50
When do lenders have standing to foreclose? Cases run the gamut.

Mortgage Fraud and E&O Insurance: Making Sure There’s Something to Sue For

By Kurt B. Drain
May
2013
Article
Page 250
Too often, lenders win mortgage-fraud judgments against defendants who turn out to be judgment proof. The solution? Ensure that mortgage brokers have adequate E&O coverage.

Multilingual justice comes to Cook County

By Adam W. Lasker
November
2013
LawPulse
Page 554
The Illinois Supreme Court's Access to Justice Commission launches an ambitious program, led by two Cook County judges, to reduce language barriers to court access.

The Myth of the Rebuttable Presumption for Loss of Society in Wrongful Death Cases

By Michael P. Cogan
November
2013
Article
Page 582
A recent case illustrates that in claims for loss of society in wrongful death cases, the rebuttable presumption of a substantial pecuniary loss is sometimes illusory.

New citation procedures make enforcing debt-collection judgments easier

By Adam W. Lasker
October
2013
LawPulse
Page 498
A new law reduces the role of sheriffs in collection proceedings and increases the power of courts and practitioners to enforce judgments.

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