Illinois Bar Journal

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2018 Articles

A Passing of Legacies

By Pete Sherman & Rhys Saunders
July
2018
Article
Page 44
The ISBA marks the retirement of Chief Justice Charles E. Freeman and the appointment of his successor, Justice P. Scott Neville, Jr.

Payment rates for licensed substance abuse treatment providers increased

October
2018
Illinois Law Update
Page 18
The Department of Human Services (DHS) has adopted an amendment to Alcoholism and Substance Abuse Treatment and Intervention Licenses

People v. Kent: The New Standard for Authenticating Social Media Evidence

By John M. Zimmerman
April
2018
Article
Page 26
The Illinois Appellate Court adopted a new standard in People v. Kent for admitting social media evidence. Here's a review of the standard and advice about how to apply it.

Plan to help businesses located near bordering states become more competitive

December
2018
Illinois Law Update
Page 14
The Illinois Home Grown Business Opportunity Act was passed with the goal of providing business and municipalities located geographically close to bordering states with resources to be more competitive with bordering states.

Playing to Win

By Ed Finkel
August
2018
Article
Page 26
Attorneys now have to compete with online legal services, but maybe there's a silver lining to what some consider a dark cloud.

Please take that IRS Circular 230 disclaimer off your email footer

By Matthew Hector
March
2018
LawPulse
Page 18
Since 2014 the IRS has been asking lawyers to remove the footer, which is no longer accurate. Yet it still circulates widely in email signatures.

Pre-trial detainees not required to give birth in jail

October
2018
Illinois Law Update
Page 18
The Criminal Code was amended to include an affirmative statement requiring courts to take measures to avoid child deliveries in pre-trial detention.

Prisoners now entitled to seven monthly visits

October
2018
Illinois Law Update
Page 18
The Unified Code of Corrections was amended to increase the overall number of visits that inmates can receive to seven per month from a pre-authorized roster of 30 people submitted by the inmate.

Professional licensure acts repealed

May
2018
Illinois Law Update
Page 18
Effective March 9, 2018, the Department of Financial and Professional Regulation will no longer regulate the four professional licensure acts repealed by Public Act 100-534

A Proper Assessment

By Pete Sherman
September
2018
LawPulse
Page 10
Cook County circuit court rules in favor of ISBA in lawsuit on behalf of Illinois property tax attorneys accused of acting as unlicensed real estate appraisers.

Property Tax Appeal Board allows electronic filing and service

February
2018
Illinois Law Update
Page 18
The Practice and Procedure for Appeals Before the Property Tax Appeal Board (86 Ill. Adm. Code 1910 (eff. Dec. 1, 2017)) was amended by the Property Tax Appeal Board to clarify when electronic filings and documents are permitted.

Property tax collectors prohibited from publishing certain delinquent or forfeited property taxes

December
2018
Illinois Law Update
Page 14
The Property Tax Code is amended to prohibit property tax collectors from publishing delinquent or forfeited property taxes for any property under section 10-35 or for any property that is exempt from taxation under the Property Tax Code.

Proposed amendments to the State Officials and Employees Ethics Act

March
2018
Illinois Law Update
Page 24
This proposed legislation would amend the State Officials and Employees Ethics Act by clearly establishing the jurisdiction of the Legislative Ethics Commission and the Legislative Inspector General.

Psychiatric treatments may now be given over patient objections

October
2018
Illinois Law Update
Page 18
The Mental Health and Developmental Disabilities Code was amended to strengthen the powers of attorney for health care and declarations for mental health treatment.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By David B. Sosin
December
2018
Column
Page 8
There are many options for getting involved in 2019-20.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By David B. Sosin
November
2018
Column
Page 8
There are many options for getting involved in 2019-20.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By David B. Sosin
October
2018
Column
Page 8
There are many options for getting involved in 2019-20.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By James F. McCluskey
January
2018
Column
Page 9
Looking for a chance to lead? Consider nominating yourself for one of our many section councils and committees for 2018-19.

Reasonable Withdrawal

By Rhys Saunders
November
2018
LawPulse
Page 12
Illinois Supreme Court rules in favor of police in case involving suspension of diabetic man's driver's license after a DUI drug arrest.

Recovering for Your P.I. Client Despite Insurance Company Insolvency

By William P. Schmitz Jr.
May
2018
Article
Page 32
The company insuring the defendant in your client's lawsuit has filed for bankruptcy - now what? This article describes important steps to take to assure your client's recovery.

Recovering Medical Expenses from a Child’s Lawsuit

By Hon. Janet Adams Brosnahan
September
2018
Article
Page 32
A minor's personal injury recovery is subject to the valid liens of health care providers. To recoup a minor's medical expenses, you must properly plead your client's claim.

Recused judges may not reconsider their recusal

December
2018
Illinois Law Update
Page 14
On Sept. 14, 2018, the Second District Appellate Court of Illinois held that a recused or otherwise disqualified judge has no power to enter further substantive orders in the case, absent, where applicable, a Rule 63(D) remittal. Employing reasoning from the reading of a prior case addressing the issue of judicial recusal, Brzowski v. Brzowski, 2014 IL App (3d) 130404, the court concluded that a recused judge cannot reconsider his or her recusal, as that would be a substantive decision.

Reduced filing fees under the Limited Liability Company Act

April
2018
Illinois Law Update
Page 16
Amendments to the Limited Liability Company Act (805 ILCS 180/50-10) reduce some fees in the fee schedule for limited liability companies filing documents with the Secretary of State to match the fees for similar documents in the fee schedule for corporations.

Referring with Style

By Ed Finkel
January
2018
Cover Story
Page 22
Referring a case can be good for all concerned - referring lawyer, recipient, and client. But make sure you understand referral ethics and follow best practices.

Remove or Remain? Trying Asbestos in Illinois

By Cameron Turner & Sean Phillips
December
2018
Article
Page 38
Parties in Illinois asbestos cases must routinely consider forum non conveniens and foreign law issues. Here is what they need to consider when comparing Illinois with other venues.

Responses to discrimination claims necessary only when specifically required

December
2018
Illinois Law Update
Page 14
Amendments adopted by the Department of Human Rights now stipulate the circumstances in which the department has the discretion to request the filing of a response to a discrimination claim (56 Ill. Adm. Code 2520 (effective Sept. 17, 2018)).

Retailers relieved of sales tax liability for “bad debts” write offs

May
2018
Illinois Law Update
Page 18
The Department of Revenue ("DOR") has adopted amendments to the Retailers' Occupation Tax Act that combine three separately proposed rulemakings and implement various Public Acts.

Reviewable Maintenance: When Do the New Guidelines Apply?

By Brandy Wisher
June
2018
Article
Page 30
Do the 2015 guidelines apply to cases where reviewable maintenance was awarded before the guidelines took effect but the review happened after that date? The caselaw is less than definitive.

Revised license sanctions for cannabis-related offenses

February
2018
Illinois Law Update
Page 18
The Secretary of State amended the Part titled Cancellation, Revocation, or Suspension of Licenses or Permits (92 Ill. Adm. Code 1040 (eff. Oct. 30, 2017)) to add new offenses and clarify penalties. The new amendments implement Public Acts 99-697 and 99-68.

Safe, Secure, and on the Go

By Ed Finkel
October
2018
Cover Story
Page 22
Lawyers must lock down devices whether working from the office, home, a hotel room, or a coffee shop.

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