2017 Articles

A Guide to Defending Domestic Violence Cases

By Bradley Alan Fuller
May
2017
Article
, Page 30
As the law has gotten tougher on domestic violence, defendants cling to tired myths about these cases. Defense lawyers should act quickly to lower clients' unreasonable expectations and counsel them against self-defeating behavior.
1 comment (Most recent April 24, 2017)

A Guide to Illinois Postjudgment Motions

By Don R. Sampen & Mark J. Sobczak
March
2017
Article
, Page 52
Follow these steps to make sure your postjudgment motion gets proper consideration at the trial court and preserves all issues for appeal.

Gun offenders face stricter sentencing guidelines for unlawful use or possession of firearms

September
2017
Illinois Law Update
, Page 18
A felon convicted of unlawful use or possession of a firearm shall be sentenced to a term of imprisonment not less than 7 years but not more than 14 years.

Has Cannabis Really Been Decriminalized in Illinois?

By Esther Seitz
April
2017
Article
, Page 30
Public Act 099-0697 greatly reduced the stakes for marijuana possession. But is using pot really a civil law violation? If so, how does that affect the process due a defendant under the law?

Help Clients Save on Taxes and Preserve Family Land with Conservation Easements

By George M. Covington
March
2017
Article
, Page 40
Landowners can hang on to their property and, if they follow IRS requirements, get tax benefits by using conservation easements.

High court tackles division of attorney fees in divorce

By Matthew Hector
May
2017
LawPulse
, Page 10
The court ruled that spouses can seek attorney fees from the other party in divorce if their "financial stability" would otherwise be undermined.
1 comment (Most recent January 16, 2018)

High court: All circuits must use statewide e-filing system beginning 2018

By Matthew Hector
August
2017
LawPulse
, Page 12
A recent court order requires circuits with existing e-filing programs to switch to the statewide eFileIL system by July 1, 2018.

Honest Abe on Lawyer Honesty

By Guy Fraker & J. Steven Beckett
November
2017
Column
, Page 48
When it came to "candor toward the tribunal," Honest Abe arguably failed to live up to his moniker if a legendary Lincoln story is true.

Hospital Consolidation Gives New Meaning to an Old Rule Barring Medical Experts

By Joseph P. Lupinacci & Joshua T. Barney
February
2017
Article
, Page 36
If you represent the defense and your expert works at the same hospital where the plaintiff received treatment, the court may bar him or her from testifying - even if the treating doctor and expert practice in different fields.

House proposes compensation restrictions on attorneys litigating personal patent rights

August
2017
Illinois Law Update
, Page 18
The Illinois General Assembly proposed a new House Bill (HB4052) that would create the Ethics in Patent Litigation Act.

House proposes to cap attorney’s fees for worker’s compensation claims at 15% rather than 20% of recovery

August
2017
Illinois Law Update
, Page 18
The Illinois House proposed a bill that would limit attorney's fees that are allowable in a worker's compensation case, but not across the board.

Illegal Stops and the Exclusionary Rule after Utah v. Strieff

By Julia Kaye Wykoff
December
2017
Article
, Page 32
In Utah v. Strieff, the police stopped a suspect illegally but discovered there was a warrant for his arrest. The U.S. Supreme Court ruled that evidence found during the subsequent search was admissible despite the illegal stop thanks to the discovery of the warrant. This article reviews the implications of Strieff for prosecutors and defense lawyers.

Illinois’ biometric privacy law back in the news

By Matthew Hector
December
2017
LawPulse
, Page 10
The Illinois Biometric Information Privacy Act is unique in allowing private parties to sue and including a fee-shifting provision.

Illinois Law 2017: The Year in Review

By Ed Finkel
December
2017
Cover Story
, Page 20
The year saw the advent of electronic filing, major federal and state Supreme Court cases, a new method for calculating child support, the release of the ISBA "futures report," and other noteworthy developments. Here's a look back.

Illinois leads the pack in dog-bite claims

By Matthew Hector
June
2017
LawPulse
, Page 12
State Farm paid out $14 million for dog-related claims in Illinois in 2016, second only to California. The Illinois Animal Control Act is part of the reason why.

Illinois Manual for Courts Martial and Nonjudicial Punishment adopted for proceedings conducted under the Illinois Code of Military Justice

December
2017
Illinois Law Update
, Page 16
The Department of Military Affairs adopted a new part titled Illinois Manual for Courts Martial and Nonjudicial Punishment effective September 14, 2017.

Illinois TRUST Act forbids local police from enforcing federal immigration law

By Matthew Hector
November
2017
LawPulse
, Page 14
However, state and local law enforcement may enforce valid federal warrants and provide the feds with information about immigration status.

Illinois updates its unclaimed property law

By Matthew Hector
September
2017
LawPulse
, Page 12
The Illinois statute governing the disposition of unclaimed property gets its first significant update since 1961.

Illinois-based U.S. Supreme Court case reviews agency fees for public-sector workers

By Matthew Hector
November
2017
LawPulse
, Page 14
The plaintiff argues that requiring him to pay a "fair-share" fee to AFSCME compels him to support political speech he opposes.

Immigration-related UPL is on the rise, attorneys report

By Matthew Hector
June
2017
LawPulse
, Page 12
Chicago area immigration attorneys have reportedly seen an uptick in both demand for their services and immigration scams.

Implementation of the State Tax Preparer Oversight Act

August
2017
Illinois Law Update
, Page 18
An amendment has been adopted that clarifies who a preparer is and implements a requirement that preparers of tax returns include their preparer tax identification number ("PTIN") on any return or claim for a refund.

Improve Your Document Drafting With Templates

By Barron K. Henley
June
2017
Column
, Page 46
Learn to use templates to make document drafting more efficient and less prone to errors.

Income Tax Code amended to limit application of taxpayer extension

January
2017
Illinois Law Update
, Page 20
The Department of Revenue adopted an amendment that limits the automatic, upon request, six-month extension (7 months for corporations) for filing to taxpayers whose returns are due by April 15th.

Income tax filing deadline to match federal filing deadline

December
2017
Illinois Law Update
, Page 16
The Department of Revenue amended section 100.7300 of the Income Tax administrative rules to match the state income tax filing due date to the federal due date.

Incorporate Free Resources into Your Regulatory Research

By Jesse Bowman
July
2017
Column
, Page 54
Need to research regulations and administrative rulings? Don't forget the many free resources available these days.
1 comment (Most recent July 6, 2017)

Increase in total damage required for vehicle salvage certificates

April
2017
Illinois Law Update
, Page 22
Public Act 99-0932 makes changes to the requirements for when a junking certificate or salvage certificate must be obtained.

Individual insurance policies must provide coverage for treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections

October
2017
Illinois Law Update
, Page 18
A new section of the Illinois Insurance Code (section 356z.25) requires a group or individual policy of accident and health insurance or managed care plan to provide coverage for the treatment of pediatric autoimmune neuropsychiatric disorders associated with streptococcal infections and pediatric acute-onset neuropsychiatric syndrome.

Individual providers working for the Home Services Program cannot work more than 45 total hours per workweek

October
2017
Illinois Law Update
, Page 18
The Department of Human Services adopted four amendments that implement changes to the Home Services Program (HSP) for persons with disabilities.

Inform Yourself about Informed Consent

By Charles J. Northrup
October
2017
Column
, Page 52
Nearly a third of Illinois ethics rules require lawyers to get a client's informed consent before proceeding. But what is "informed consent"?

Instructional error in jury selection can constitute plain error

August
2017
Illinois Law Update
, Page 18
Defendant was convicted for resisting a peace officer and sentenced to two years' imprisonment following a jury trial.