Illinois Bar Journal

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2016 Articles

Judicial registration and petitions for relief now available for administrative paternity orders

January
2016
Illinois Law Update
Page 18
The Illinois Public Aid Code has been amended to provide for judicial registration of both administrative support and paternity orders.

Juvenile court decisions no longer affect the service appeals process

December
2016
Illinois Law Update
Page 16
The Department of Children and Family Services ("DCFS") adopted amendments to the Service Appeal Process that clarify effects of certain juvenile court decisions upon the DCFS.

Keeping Costs Down for Your New Solo Practice

May
2016
Column
Page 44
As a new solo, it's important to be frugal. Here are tips for reducing your overhead.

Keeping Your Cell Phone Secure

By Jennifer Ramovs
December
2016
Column
Page 44
The reasonable care standard doesn't stop with your phone.

Lack of supervision option does not render aggravated speeding law unconstitutional, Illinois Supreme Court rules

By Matthew Hector
August
2016
LawPulse
Page 12
In People v. Rizzo, the supreme court overturned a circuit court ruling that refusing to allow supervision for aggravated speeding is too harsh a penalty compared to those for other Class A misdemeanors.

The Law School Class of 2019

By Vincent F. Cornelius
October
2016
Column
Page 10
My visits to three law school orientation sessions left me feeling encouraged about the future of the ISBA and our profession.

Lawyers who offer mortgage modification help can be sued for redlining

By Matthew Hector
June
2016
LawPulse
Page 12
A recent first district ruling holds that redlining discrimination actions can be brought against lawyers and others who purport to provide loan modification assistance.

Learning by Doing

February
2016
Column
Page 50
Theresa Ceko of Loyola's Community Law Center Clinic talks about working with the next generation of lawyers.

Legal Malpractice Liability to Third Parties

By Anne M. Skrodzki & Shane T. Devins
January
2016
Article
Page 38
Illinois courts have gradually allowed more nonclients to bring legal malpractice claims, expanding potential liability for Illinois practitioners.

Legislation aimed at reducing the backlog of untested rape kits

By Matthew Hector
July
2016
LawPulse
Page 12
Two bills awaiting the governor's signature are designed to keep rape evidence moving through the system and improve the quality of sexual-assault investigations.

Lincoln and Herndon 2016

By Ed Finkel
February
2016
Cover Story
Page 22
If Abraham Lincoln were practicing today, what management techniques and tech tools should he use? LPM experts offer advice.

Litigating Sports Brain Injuries: The New Ball Game

By Owen Blood & John-Michael Poerretta
June
2016
Article
Page 28
As public concern over concussions in sports grows, lawsuits and legislation addressing the issue are springing up in Illinois and around the country.

LLCs are member-managed unless operating agreement specifies otherwise, all members may request records, and other extensive changes to governing law for LLCs

October
2016
Illinois Law Update
Page 18
Amendments to the Limited Liability Company Act provide that LLCs are member-managed unless their operating agreement specifies otherwise, and amendments clarify provisions regarding the duty to allow members to inspect and copy records.

Lottery system introduced for ballot ordering of last-minute candidate petitions

May
2016
Illinois Law Update
Page 16
The Board passed amendments to allow certification of last-minute candidate petitions for ballot placement. 26 Ill. Adm. Code 201 (eff. Jan. 25, 2016).

Low risk retail food establishments to either be inspected or submit self-inspection every two years

March
2016
Illinois Law Update
Page 26
The Illinois Municipal Code has been amended to allow for alternative inspection options for low risk retail food establishments.

The Lowdown on Law Firm Transfers

By Ed Finkel
September
2016
Cover Story
Page 22
The market for law firms is still maturing several years after transferring a practice became legal in Illinois. A recent buyer discusses the legal, financial, and ethical considerations.

Making History

By Vincent F. Cornelius
July
2016
Column
Page 10
The ISBA's new president on his pioneering role.

Making Post-Divorce Property Transfers Less Taxing

By Jessica Berger
May
2016
Article
Page 36
Under Section 1041 of the Internal Revenue Code, property transfers between ex-spouses are tax free if they happen within a year of divorce. But Section 1041 can also apply to some transfers that take place after a year. Here's how it works.

Managing Your Electronic Estate: The New Digital Assets Act

By Mary D. Cascino
November
2016
Article
Page 28
What happens to our password-protected online accounts when we die? A new Illinois law establishes the procedures that allow fiduciaries to get access to "digital assets."

Mandatory E-Filing Is Coming

By Ed Finkel
March
2016
Cover Story
Page 30
Effective January 1, 2018, electronic filing will be mandatory in all 102 counties in Illinois. How will it work? Attorneys and judges share their hopes and concerns.

Mapping the Relentlessly Efficient Law Firm

By Ed Finkel
August
2016
Cover Story
Page 22
In today's competitive legal market, relentlessly efficient firms will succeed where others fail. And the proponents of "process mapping" insist that's just as true for solos as for megafirms.

Marsy’s Law amended to provide greater procedural protections for victims and witnesses of crimes

May
2016
Illinois Law Update
Page 16
Marsy's Law, also known as the Rights of Crime Victims and Witnesses Act of 2012, was amended to afford greater protections to victims and witnesses of crime.

Meat processors and retail stores must track the source of meat and the dates and times equipment is sanitized

September
2016
Illinois Law Update
Page 18
The Department of Agriculture adopted an amendment to the Meat and Poultry Inspection Act incorporating a federal Food Safety and Inspection Service rule. 8 Ill. Adm. Code 125 (eff. June 17, 2016).

Medical Bills in Illinois - What’s ‘Fair and Reasonable’?

By Thomas N. Osran
May
2016
Article
Page 30
Only "fair and reasonable" medical bills are admissible as evidence in Illinois. But what does that mean in a world where hospitals and doctors charge far more than they routinely accept?

The Mental Health and Developmental Disabilities Code reporting requirements and firearm regulations were amended for developmentally disabled persons

March
2016
Illinois Law Update
Page 26
The Mental Health and Developmental Disabilities Code was amended to change reporting requirements and gun control laws related to developmentally disabled persons.

Mental illness officially taken into consideration for sentencing

November
2016
Illinois Law Update
Page 18
The Unified Code of Corrections was amended to ensure mental illness will be weighed in favor of withholding or minimizing a prison sentence.

Mentoring-not for mentees only; Assembly approves 711 recommendation, law school report.

January
2016
Column
Page 54
For mentees, the benefits of mentoring are obvious. But two recent ISBA mentors say mentoring is definitely a two-way street.

Millennials: Communicate Effectively with Baby-Boomer Clients

September
2016
Column
Page 50
Among other things, be more formal and do less texting and more talking.

Modification to a permanent maintenance award is appropriate based on a change in financial situation

June
2016
Illinois Law Update
Page 18
On September 28, 2015, the First District of the Illinois Appellate Court issued several rulings in a consolidated appeal addressing the modification of a permanent maintenance award and an award for prospective attorney fees.

Molly’s Law gives some wrongful death claimants more time to sue

By Matthew Hector
September
2016
LawPulse
Page 12
Molly's Law gives plaintiffs more time to bring wrongful death cases that stem from some allegedly intentional and criminal conduct and allows disappointed FOIA requesters to ask the attorney general's office to review denials.

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