2017 Articles

Insured’s documents are protected from insurer by attorney-client privilege

September
2017
Illinois Law Update
, Page 18
The Appellate Court of Illinois resolved a discovery dispute in an insurance coverage suit between plaintiff-insured Motorola Solutions, Inc. and defendant-insurers Zurich Insurance Company and Associated Indemnity Corporation.

Insurer’s unambiguous 120-day notice provision violates public policy

April
2017
Illinois Law Update
, Page 22
An insurer's unambiguous 120-day notice requirement violates public policy because it is contrary to the statutory purpose of uninsured motorist insurance.

Interest granted for arbitrated award despite set-off language

December
2017
Illinois Law Update
, Page 16
The appellate court considered whether set-off language in an arbitrator's award made the award so indefinite as to prevent interest from accruing under § 2-1303 and held it did not.

Interest penalties payable by the State on unpaid bills begin accruing 90 days after receipt from vendors, an increase from 60 days

January
2017
Illinois Law Update
, Page 20
Interest penalties will not begin accruing on unpaid bills from state vendors until 90 days after the bill was received by the State.

Is it Really Time to Change Software Systems?

By Steven J. Best
January
2017
Column
, Page 48
Your staff says your software "doesn't work," but replacing it might not be the answer. Here's what to ask to find out.

ISBA award winners recognized at 141st Annual Meeting; Member Appreciation Month caption contest winner; ISBA Mutual and Illinois Bar Foundation announce new Dividend Donation Program.

July
2017
Column
, Page 56
ISBA Award Winners Recognized at 141st Annual Meeting and more

ISBA Board, Assembly recommend adoption of the Uniform Bar Exam

By Matthew Hector
January
2017
LawPulse
, Page 14
The ISBA has approved a committee recommendation that the Illinois Supreme Court adopt the UBE, which is used by 25 jurisdictions, including Missouri and Iowa.

ISBA election season opens, YLD/SALT mixer.

November
2017
Column
, Page 54
Campaign season for the 2018 Illinois State Bar Association election began last month when the notice of election was posted.

ISBA ethics opinion OKs storing client info in the cloud

By Matthew Hector
January
2017
LawPulse
, Page 14
Lawyers can store client information on cloud-based servers, an ISBA ethics opinion says, but only if they take the proper precautionary steps.

ISBA Joins the Effort to Stem Gun Violence

By Hon. Russell W. Hartigan
December
2017
Column
, Page 8
A 16-member ISBA committee will convene stakeholders and promote community planning to address the scourge of gun violence statewide.

ISBA Mutual Giving Circle 100% Members

August
2017
Column
, Page 49
The ISBA Mutual Insurance Company has partnered with the Illinois Bar Foundation to create the ISBA Mutual Giving Circle.

ISBA Staffers Lead Professional Associations; ISBA Board Asks High Court to Consider Impact of E-Filing on Pro Se Litigants; Illinois Bar Foundation Elects 2017-18 Officers.

September
2017
Column
, Page 48
ISBA staff members were installed last month as presidents of two of the leading organizations serving the bar association community.

ISBA-backed legislation would require notice of immigration consequences of guilty pleas

By Matthew Hector
February
2017
LawPulse
, Page 14
Other legislative proposals include altering the way life insurance proceeds are distributed to former spouses and increasing the credit defendants receive toward fines for time spent in jail.

It is in court’s discretion to award spouse’s military retirement plan

January
2017
Illinois Law Update
, Page 20
Courts may award the entire survivor benefit of a party's military retirement plan to the same party because the benefit is not divisible under federal law.

JCAR adopts new FOIA rules to comply with recent statutory amendments

May
2017
Illinois Law Update
, Page 16
With this rulemaking, the Joint Committee on Administrative Rules (JCAR) repealed and replaced its rules and procedures pertaining to access to its records to comply with the most recent amendments to the Freedom of Information Act.

Jimmy John’s settles suit over noncompete agreements

By Matthew Hector
February
2017
LawPulse
, Page 14
While confidentiality and nonsolicitation agreements may be okay, businesses should not use noncompetes with low-wage workers.

Juvenile adjudications held equivalent to convictions for extended-term sentencing

April
2017
Illinois Law Update
, Page 22
The Illinois Supreme Court held that a prior juvenile adjudication is the equivalent of a prior conviction for purposes of extended-term sentencing.

Juvenile automatically transferred to adult court should not be automatically sentenced as an adult unless convicted of crime subjecting juvenile to automatic transfer

May
2017
Illinois Law Update
, Page 16
The Illinois Supreme Court reversed a circuit court's sentence of a juvenile as an adult who had been tried, but not convicted, for offenses listed in the "automatic transfer" procedure of the Juvenile Court Act of 1987.

A keyboard for lawyers

By Matthew Hector
March
2017
LawPulse
, Page 22
Wish you could create a section symbol or insert the word "plaintiff" with a single keystroke? LegalBoard might be worth a look.

Landowners need only submit a single permit application that encompasses various seasons and types of permits

October
2017
Illinois Law Update
, Page 18
Several amendments were made to the "Landowner Permits" provision under the Fish and Wildlife subchapter of the Conservation Title of the Illinois Administrative Code (17 Ill. Adm. Code 528 (eff. June 28, 2017)).

Law firm offers second opinions for clients

By Matthew Hector
July
2017
LawPulse
, Page 12
Chicago-based Valorem Law Group offers second opinions to clients who have questions about the legal advice they've been getting.

Law Mart: The perils of for-profit legal education

By Matthew Hector
December
2017
LawPulse
, Page 10
A Springfield-based former professor at a for-profit law school makes the case that these institutions have failed to live up to their promise of serving the underserved.

Lawsuit challenges warrantless cellphone tracking

By Matthew Hector
March
2017
LawPulse
, Page 22
A Chicago lawyer is suing the city and other defendants for gathering cellphone information in a way that violates individual privacy and should require a warrant.

Lawyers and addiction

By Matthew Hector
September
2017
LawPulse
, Page 12
A recent ABA/Betty Ford Foundation study shows shockingly high levels of addiction and other mental health problems in the legal profession -- and that few lawyers seek help.

Lawyers: The Next Generation

By Vincent F. Cornelius
June
2017
Column
, Page 10
Lawyers must be ready to boldly go where no one has gone before.

Let’s Get Rid of Rule 23 Orders

By Morris Lane Harvey
January
2017
Article
, Page 30
With the public domain citation system firmly in place in Illinois, there is no reason for Rule 23(e) nonprecedential, noncitable orders to exist – and plenty of reasons for them to go.
4 comments (Most recent January 17, 2017)

Liens obtained by hospitals under Health Care Services Lien Act are not limited to awards of medical expenses

December
2017
Illinois Law Update
, Page 16
The Supreme Court of Illinois concluded that liens obtained by hospitals under the Health Care Services Lien Act (770 ILCS 23/1 et seq.) (the "Lien Act"), are not limited to or conditioned upon a finding or allocation for medical expenses for injuries sustained by a minor.

Lincoln’s ‘Matson Problem’

By Ron Spears & Roger Billings
May
2017
Column
, Page 46
Lincoln's decision to represent a slaveholder against slaves seeking their freedom is controversial to this day.

Locating Local Laws

By Jesse Bowman
September
2017
Column
, Page 44
Municipal code provisions might have make-or-break importance for your client, but they don't appear on Westlaw or Fastcase. Here's how to find them.
1 comment (Most recent September 9, 2017)

Making the Most of Online Client Reviews

By Ed Finkel
February
2017
Cover Story
, Page 22
Online reviews are scary - and for most lawyers, inevitable. Attorneys need to promote and defend themselves online without being defensive. Here's how to respond to negative reviews and otherwise manage your online reputation.