Illinois Bar Journal


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Articles From 2015

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20 Quick and Dirty Risk Management Ideas for Lawyers By Karen Erger August 2015 Column, Page 50 This risk-management speed drill will keep best practices top of mind. Ready, set, go!
40 Years and Counting By Umberto S. Davi December 2015 Column, Page 10 Congratulations to Bob Craghead for 40 years of service to the ISBA.
50 Columns In: What Have We Learned? By Tom Gaylord May 2015 Column, Page 48 A look back at eight years of columns.
90-day treatment program violates the Juvenile Act’s 30-day detention limit April 2015 Illinois Law Update, Page 16 On February 9, 2015, the Fourth District Appellate Court held that a 90-day treatment program that subjects participants to physical control, a regimented structure, and surveillance amounts to detention for purposes of the Juvenile Court Act of 1987, 705 ILCS 405/1-1 et seq. ("Juvenile Act").
The ABCs of LLLTs By Ed Finkel September 2015 Article, Page 20 Proponents say limited license legal technicians provide legal representation to people who couldn't otherwise afford it. Critics argue they'll compete with underemployed lawyers and lower the quality of legal services.
Access to public records updated to comply with Freedom of Information Act October 2015 Illinois Law Update, Page 18 The Department of Human Rights repealed "Access to Public Records of the Department of Human Rights," and adopted a new section with the same title in order to reflect changes made to the Freedom of Information Act. 2 Ill. Adm. Code 926 (eff. June 24, 2015).
Accountant holds accountant-client privilege, which is not subject to testamentary exception June 2015 Illinois Law Update, Page 16 On March 19, 2015, the Illinois Supreme Court held that the accountant-client privilege in the Public Accounting Act is held by the accountant and is not subject to the testamentary exception.
Adult Protective Services investigations into abuse of disabled adults April 2015 Illinois Law Update, Page 16 Whereas before the Department of Human Services' Office of Inspector General would investigate allegations of abuse, neglect, and financial exploitation of adults, Public Act 98-0049 transferred that responsibility to the Illinois Department of Aging ("IDoA").
Affidavits of Support: Another Option for Divorcing Immigrant Spouses By Molshree Sharma April 2015 Article, Page 32 In addition to seeking spousal maintenance, divorcing immigrants might have another, and perhaps better, way to seek support – suing to enforce the affidavit of support signed by their spouses.
Aggravated unlawful use of a weapon statute’s FOID card and minor provisions are severable from its unconstitutional provisions October 2015 Illinois Law Update, Page 18 On July 13, 2015, the Illinois Supreme Court held that sections 24-1.6(a)(1), (a)(3)(A), and (d)(2) of the aggravated unlawful use of a weapon ("AUUW") statute are unconstitutional.
Alternate insurance disclosure for persons under protective order June 2015 Illinois Law Update, Page 16 New regulations by the Department of Insurance require insurance providers to provide alternate methods of disclosure for persons under a protective order.
Amazon, tax collector By Matthew Hector March 2015 LawPulse, Page 14 A new law requires Amazon and other online retailers without a physical presence in Illinois to collect sales tax, the way their brick-and-mortar counterparts do.
Amendments to Structural Pest Control Code’s penalty and recordkeeping provisions November 2015 Illinois Law Update, Page 20 The Department of Public Health adopted amendments to the Structural Pest Control Code regarding record management and penalties for violations of licensing rules. 77 Ill. Adm. Code 830 (eff. August 7, 2015).
America Mourns a President, Illinois Lawyers Mourn a Colleague April 2015 Column, Page 46 The Illinois Supreme Court's post-assassination memorial service focused on Lawyer Lincoln.
America, the Immigrant’s Dream By Umberto S. Davi July 2015 Column, Page 10 America is a place where a 14-year-old from Sicily has the freedom and opportunity to prosper.
Anatomical pathology services may not be marked up in patient bills February 2015 Illinois Law Update, Page 18 Physicians ordering anatomical pathology services for patients to be provided by a third party may not mark up the cost of such services.
Anonymous online posting saga continues By Matthew Hector October 2015 LawPulse, Page 12 Comcast finally reveals the subscriber - a lawyer - whose account was used to post allegedly defamatory remarks about a Stephenson County official. The defendant vows to fight on.
Are Courts Headed for a Market Failure? By Ron D. Spears August 2015 Column, Page 52 Dissatisfied litigants and other unhappy "consumers" of justice are increasingly choosing private options.
Attorney General may enjoin payment of Illinois Pension Plan benefits to felons May 2015 Illinois Law Update, Page 16 The Illinois Pension Code has been amended to add a new cause of action available to the Attorney General.
Background checks for prospective cannabis cultivators April 2015 Illinois Law Update, Page 16 The Compassionate Use of Medical Cannabis Pilot Program Act has been amended to change the procedure for background checks of prospective cultivation center agents.
Background checks required for state-recognized non-public schools employing student teachers December 2015 Illinois Law Update, Page 18 The School Code has been amended to provide for mandatory background checks at state-recognized non-public schools employing student teachers.
BAIID-only restrictions to be included on driver’s licenses April 2015 Illinois Law Update, Page 16 The Secretary of State has adopted new rules that allow it to place a restriction on the driver's license of a person required to operate vehicles equipped with a Breath Alcohol Ignition Interlock Device ("BAIID")
Barbering programs now allowed in cosmetology schools January 2015 Illinois Law Update, Page 16 The Department of Financial and Professional Regulation now allows cosmetology schools to implement barbering programs as a part of their regular curriculum.
The Beau Brindley case: Witness preparation v. coaching By Matthew Hector November 2015 LawPulse, Page 14 Beau Brindley was acquitted of charges that he coached witnesses to lie. So where's the line between zealous preparation and improper coaching? It isn't always easy to see.
Best Practices for Billing, Robot Lawyers? September 2015 Column, Page 50 5 tips for better billing; will a robot take your job?
Bill expands requirements for disclosing data breaches By Matthew Hector July 2015 LawPulse, Page 12 Collectors of data will have to notify consumers and the Illinois Attorney General about a broader range of breaches if a newly passed bill becomes law.
Bill would decriminalize pot possession, tie DUI to impairment By Matthew Hector June 2015 LawPulse, Page 10 HB 218 would lower the penalty for possessing small amounts of marijuana to a fine and change DUI law so that drivers could no longer be charged for registering only trace amounts of cannabis.
Bill would let ‘Dreamers’ be Illinois lawyers By Matthew Hector March 2015 LawPulse, Page 14 Senate Bill 23 would allow noncitizens who meet the requirements of the federal Deferred Action for Childhood Arrival to apply for admission to the bar.
Bills produce six-person (and better paid) juries and a new eavesdropping law By Matthew Hector January 2015 LawPulse, Page 10 Bills creating six-person civil juries and a new eavesdropping law were signed by the governor.
Bios of candidates for third vice-president and the board of governors March 2015 Column, Page 9 Learn about 2015 candidates for ISBA third vice-president, board of governors, and assembly.