2017 Articles

Attorney referral agreements still enforceable as to fee sharing absent language requiring “joint responsibility”

August
2017
Illinois Law Update
, Page 18
On May 18, 2017, the Illinois Supreme Court held that Illinois attorneys who receive clients under referral agreements must pay the referring attorneys the agreed fee even when the agreement does not include language explicitly stating they share "joint financial responsibility."

Avoiding Pickoff Moves in Illinois Class Actions

By Paul Geske
September
2017
Article
, Page 32
In Illinois, defendants can moot a class action case by making an individual settlement offer to a named plaintiff. Fortunately for class members, plaintiffs have ways to preempt this move. Here's the state of the law.

Bail reform to distinguish classes of offenses and reconsider release for indigent defendants

November
2017
Illinois Law Update
, Page 20
The Bail Reform Act of 2017 seeks to simultaneously promote public safety and protect the rights of the accused in Illinois' criminal justice system.

Beware the Differences in Illinois and Federal Attorney-Client Privileges, Work Product Doctrines

By Timothy J. Miller & Andrew P. Shelby
November
2017
Article
, Page 38
There are only a few ways in which Illinois and federal courts apply attorney-client privilege and the work-product doctrine differently, but those differences could be game-changing for your lawsuit.

Bios of candidates for third vice-president and the board of governors

March
2017
Column
, Page 12
Learn about 2017 candidates for ISBA third vice-president, board of governors, and assembly.
1 comment (Most recent March 3, 2017)

Breach of contract claim starts timer for legal malpractice claim

January
2017
Illinois Law Update
, Page 20
Filing a breach of contract claim triggers the limitations period for a legal malpractice claim against the attorney who assisted in drafting the contract.

Busting the Myth - Cloud Doesn’t (and Shouldn’t) Mean Cheap

By Jennifer Ramovs
March
2017
Column
, Page 58
Switching to the cloud can be the right move for many reasons, but it won't necessarily save time or money.

Caps established on the lawful hunting or trapping of bobcats

December
2017
Illinois Law Update
, Page 16
A change to the Wildlife Code has made it unlawful for any person to hunt or trap bobcat in the following Illinois counties on and after the effective date of this amendment.

“Catastrophic injury” as used in the Public Safety Employee Benefits Act is not synonymous with an injury warranting an occupational disease disability pension

April
2017
Illinois Law Update
, Page 22
Relying on precedent and its assessment of legislative intent, the court held that the phrase "catastrophic injury" in section 10(a) of the Public Safety Employee Benefits Act ("Benefits Act"), 820 ILCS 320/10(a), is not synonymous with an injury resulting in an occupational disease disability pension under section 4-110.1 of the Pension Code.

The Celtic Tiger Roars Again

By Hon. Russell W. Hartigan
November
2017
Column
, Page 10
Travelers enjoyed a guided tour of the Irish court system on the ISBA's recent trip to Ireland.

Changes to eligibility requirements could allow more intermediate care facilities to qualify for enhanced per diem rate

June
2017
Illinois Law Update
, Page 18
This amendment makes several changes to criteria required for an intermediate care facility for the developmentally disabled to qualify for enhanced per diem payments for services provided for individuals with developmental disabilities with high medical and high personal care needs.

Changes to Retailers’ Occupation Tax rates

November
2017
Illinois Law Update
, Page 20
Previously taxed at the general merchandise rate of 6.25%, the Retailers' Occupation Tax (41 Ill. Reg. 3168, 3817) was amended to set a rate of 1% for certain medical devices and to exempt feminine hygiene products.

Changes to the Insurance Code

September
2017
Illinois Law Update
, Page 18
The Department of Insurance adopted three amendments that implemented changes in the National Association of Insurance Commissioners Model Law Number 440 and the Insurance Code.

Chicago firm’s new client-centric website opens up about fees

By Matthew Hector
December
2017
LawPulse
, Page 10
Levenfeld Pearlstein's website redesign pulls back the curtain on billing options and adds other features that put the focus on clients and their needs.

Chicago schools sue state over funding disparity

By Matthew Hector
April
2017
LawPulse
, Page 22
CPS argues that the school funding formula discriminates against African American and Hispanic students in violation of the Illinois Civil Rights Act.

Child support awards calculated using the income shares model

September
2017
Illinois Law Update
, Page 18
Basic child support awards will now be computed based upon income allocated for the support of the child as if the parents and child were living in the same household.

Choosing an E-Filing Service Provider

By Ed Finkel
November
2017
Cover Story
, Page 24
At the top of every lawyer's to-do list before mandatory e-filing takes effect is choosing an e-filing service provider. Early adopters discuss the various options and why you might choose one over another.

Choosing the Right Remote Access Solution

By Joseph S. Marquette & Brian Guscott
April
2017
Column
, Page 49
Will screen sharing do the job or should you use a point-to-point connection?

Class action: Zillow ‘Zestimate’ an unlicensed appraisal?

By Matthew Hector
July
2017
LawPulse
, Page 12
Plaintiffs argue that Zillow is violating the Illinois Real Estate Appraiser Licensing Act with its Zestimate. Zillow responds that such automated valuation models are exempt under the law.

Collaborative Law: A Brief Overview

By Sandra Crawford
September
2017
Article
, Page 28
Collaborative law, a consensual, non-litigation model of conflict resolution, has been practiced in Illinois for more than 15 years. The Illinois Collaborative Process Act formally recognizes its use in family law and other settings.

College Illinois! 529 Prepaid Tuition Program participants will benefit from expansion of eligible institutions

March
2017
Illinois Law Update
, Page 28
This rulemaking implements Public Act 99-842, which expands institutional eligibility for the College Illinois! 529 Prepaid Tuition Program by removing certain criteria previously required by the State.

Coming to Every Judicial Circuit: Veterans Treatment Courts

By Alice R. Kush
January
2017
Article
, Page 42
Veterans treatment courts, which will be mandatory in every Illinois judicial circuit in 2018, offer life-changing help to veterans, their families, and their communities because of the specialized training of courtroom personnel.

Concealed Carry Licensing Review Board’s standard does not violate the Second Amendment and is not unconstitutionally vague

August
2017
Illinois Law Update
, Page 18
The first appellate district upheld the Illinois State Police (ISP) and the Concealed Carry Licensing Review Board's rejection of plaintiff's application for a concealed carry license under the Firearm Concealed Carry Act.

Consumer Legal Forms and UPL

By Bailey E. Cunningham
January
2017
Column
, Page 49
Are online-forms vendors engaged in the unauthorized practice of law? Yes, if they're giving legal advice.
1 comment (Most recent May 9, 2017)

Conviction overturned as a result of involuntary consent

January
2017
Illinois Law Update
, Page 20
The Fifth Appellate District reversed a defendant's conviction after he was denied a motion to quash arrest and suppress evidence and statements on the basis of involuntary consent.

A ‘copyright troll’ cops a plea

By Matthew Hector
May
2017
LawPulse
, Page 10
Former Illinois lawyer John Steele admits among other things to uploading pornography to file sharing websites to ensnare victims in a copyright-trolling scheme.

Correspondence from Our Readers

November
2017
Column
, Page 8
Errata: Illinois Mortgage Foreclosure Law, the Installment Sales Contract Act, and contract buyers

Correspondence from Our Readers

September
2017
Column
, Page 8
Implicit bias.

Correspondence from Our Readers

August
2017
Column
, Page 8
Difficult dogs; e-filing and big data.

Correspondence from Our Readers

July
2017
Column
, Page 8
Defending against pro se plaintiffs.
1 comment (Most recent July 13, 2017)