Publications

Articles From 2018

Browse articles by year: 2018 (67) 2017 (330) 2016 (325) 2015 (331) 2014 (327) 2013 (307) 2012 (284) 2011 (296) 2010 (302) 2009 (272) 2008 (301) 2007 (305) 2006 (339) 2005 (310) 2004 (317) 2003 (323) 2002 (336) 2001 (289) 2000 (269) 1999 (267) 1998 (53)

Amendments to state expungement procedures

February
2018
Illinois Law Update
Page 18
The Department of State Police updated procedures for court-ordered expungements or the sealing of records received by the Department of State Police's Bureau of Identification by amending the Expungement Procedures (20 IAC 1205; 41 Ill. Reg. 9916 (eff. Nov. 2, 2017)).

Appellate court overturns provision authorizing warrantless blood draws

By Matthew Hector
March
2018
LawPulse
Page 18
The Illinois Appellate Court overturned a statutory provision allowing warrantless forced blood draws of any driver who causes death or injury, mandating a case-by-case analysis instead.

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

March
2018
Column
Page 12
Learn about 2017 candidates for ISBA third vice-president, board of governors, and assembly.

CARA from Casetext: A Cure for Legal Research FOMO

By Jesse Bowman
January
2018
Column
Page 46
Do you suffer from research FOMO - fear of missing out? A for-fee service lets you upload your brief and get a report of cases you've missed.

Changes in income tax exemptions

February
2018
Illinois Law Update
Page 18
The Department of Revenue adopted amendments that codify the amount of the standard personal exemption for taxpayers, the amount of additional exemptions for the blind and elderly, and a cost-of-living adjustment to the standard exemption in future years (86 IAC 100; 41 Ill. Reg. 6436 (eff. Nov. 11, 2017)).

Chicago Park District not liable for bike accident on Lakefront Trail

By Matthew Hector
February
2018
LawPulse
Page 12
The Illinois Supreme Court ruled that a bicyclist who fell because of a crack in Chicago's Lakefront Trail had not shown the park district was guilty of willful and wanton conduct.

A colleague is neglecting clients - what should you do?

By Matthew Hector
March
2018
LawPulse
Page 18
If a fellow lawyer is neglecting files frequently and in a way that materially harms clients, you might have a duty to report it.

Common-interest exception to the waiver of attorney-client and work-product privileges recognized for co-defendants sharing information

March
2018
Illinois Law Update
Page 24
The First District Appellate Court recognized a "common-interest" exception to the waiver of attorney-client and work-product privileges where two co-defendants met and shared information about the lawsuit as part of a "joint defense agreement."

Cook County gets an e-filing extension

By Matthew Hector
February
2018
LawPulse
Page 12
A number of counties asked for more time to transition to statewide mandatory e-filing. The supreme court granted some but not all requests and attached conditions to the reprieves.

Correspondence from Our Readers

March
2018
Column
Page 8
Newspaper legal notices: a 'print-era anachronism'? Pets and divorce.

Correspondence from Our Readers

February
2018
Column
Page 8
Sleeping judges.

Cost-Conscious Current Awareness

By Jesse Bowman
March
2018
Column
Page 50
It's never been easier or cost less to stay abreast of recent legal developments.

Counsel’s failure to object to de minimis fines does not render the representation constitutionally deficient

February
2018
Illinois Law Update
Page 18
Trial counsel's failure to object to de minimis fines does not constitute a performance so inadequate as to render the representation constitutionally deficient in violation of the Sixth Amendment's right to counsel.

Court-appointed counsel provided ineffective assistance of counsel by failing to amend a petition to overcome the procedural bar of untimeliness

March
2018
Illinois Law Update
Page 24
The appellate court reversed and remanded the dismissal of a petition for relief from judgment where it found that court-appointed counsel failed to provide adequate assistance of counsel by not amending its petition to overcome the procedural bar of untimeliness.

Court: Suit based solely on technical violations of biometric privacy law can’t go forward

By Matthew Hector
February
2018
LawPulse
Page 12
The second district rules that plaintiffs can't sue for being fingerprinted without disclosures or consent unless they allege some harm beyond those technical violations of the act.

Decades-old maintenance deduction eliminated by new tax law

By Matthew Hector
March
2018
LawPulse
Page 18
Beginning in 2019, payors will no longer be able to deduct maintenance payments from their federal taxes.

Defendant who enters a partially negotiated plea agreement may challenge a sentence as improper without withdrawing his plea

February
2018
Illinois Law Update
Page 18
The Fourth District Appellate Court reversed and remanded a case with instructions for a new sentencing hearing.

Demonstrative v. Substantive Evidence: Know the Important Difference

By John M. Spesia and Jacob E. Gancarczyk
January
2018
Article
Page 26
Demonstrative evidence, which merely illustrates or explains a point, need not be disclosed during discovery. But trying to use it to do the work of substantive evidence risks having a favorable verdict overturned.

Down with Footnotes

By Justice Michael B. Hyman
March
2018
Column
Page 52
Any point worth making belongs in the text, not a footnote.

Electronic forms of fee collection and related procedures adopted by the Secretary of State

March
2018
Illinois Law Update
Page 24
The Secretary of State ("SOS") has also adopted several electronic payment amendments to: Collections of Fees (92 Ill. Adm. Code 1003), Certificates of Title, Registration of Vehicles (92 Ill. Adm. Code 1010), Remittance Agents (92 Ill. Adm. Code 1019) and Cancellation, Revocation or Suspension of Licenses or Permits (92 Ill. Adm. Code 1040) (eff. Dec. 19, 2017).

Estate Planning for Cryptocurrency

By Michael Alan Goldberg
February
2018
Article
Page 38
Bitcoin's wild fluctuation in value has put cryptocurrency in the news. Whether or not digital currency becomes the exchange medium of the future, estate planners need to consider the special issues it raises.

An Ethics Roadmap for Lawyer Referrals

By Bailey E. Felts
January
2018
Column
Page 48
Illinois Rules of Professional Conduct 1.5(e), 5.4(a), and 7.2(b) are important places to look for guidance about referral ethics.

Exculpatory clause in escrow agreement applies in claim for breach of contract

March
2018
Illinois Law Update
Page 24
Home Healthcare engaged in a real estate transaction in which it was the buyer and attorney Robin Jesk's client was the seller. Jesk served as the escrow agent.

Expanding Coverage Offsets Risks for Closing Firms, Cyber Liabilities

By Jeff Strand
February
2018
Column
Page 46
Extended tail coverage for firms that are closing and expanded cyber risk protection are two ways ISBA Mutual is responding to the changing practice landscape.

From the Newsletters - Effective January 1, courts must take pet well-being into account in divorce.

February
2018
Article
Page 43
The stakes for "pet custody" decisions are higher now that a new law requires judges to "take into consideration the well-being of the companion animal."

From the Newsletters - Transfer the marital home during, not after, divorce.

February
2018
Article
Page 42
It's in each party's interest to wrap up property issues during the divorce and not wait till after, when things can get a lot more complicated.

General Member Referral Directory

January
2018
Column
Page 30
Find a qualified ISBA member when a case falls outside of your area of practice.

A Guide to Illinois Interlocutory Appeals

By Don R. Sampen
March
2018
Article
Page 42
Illinois has a process for appealing some issues while litigation is still underway at trial. In Illinois, most requirements for interlocutory appeal are laid out in Illinois Supreme Court Rules 306, 307, and 308. Here's a step-by-step overview.

Hello, Morgan County - and Thank You

By Hon. Russell W. Hartigan
January
2018
Column
Page 10
Meeting with lawyers around the state is one of my objectives as president.

How to Be Sure You’re Cybersecure

By Ed Finkel
February
2018
Article
Page 22
Law firms and their trove of sensitive data are prime targets for hackers. Are you doing enough to protect yourself from cyber attacks?

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