2022 Articles

Laches may be raised as an affirmative defense to a petition alleging a void judgment

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court affirmed the trial and the Second District of the Illinois Appellate Court’s decision holding that a petition for relief from a void judgment under section 2-1401(f) of the Illinois Code of Civil Procedure was subject to dismissal based on laches.

Law enforcement records must exclude the child victim’s identity

June
2022
Illinois Law Update
, Page 16
The Privacy of Child Victims of Criminal Sexual Offenses Act is amended to exclude the identity of a child victim of a criminal sexual offense from law enforcement and circuit court records. A select few specific individuals may be exempt.

Law Practice for Sale

By Robert V. Schaller
January
2022
Article
, Page 24
Expanding the pool of eligible buyers increases a seller’s chances of obtaining top dollar for their practice.

Lawyers Can Make Lousy Clients

By Charles J. Northrup
January
2022
Column
, Page 46
When going pro se, glean some wisdom from the Illinois Rules of Professional Conduct.

Legal malpractice action is not time-barred because the client did not suffer an injury until adverse judgment

April
2022
Illinois Law Update
, Page 14
On Jan. 21, 2022, the Illinois Supreme Court held that the statute of limitations had not expired on a malpractice claim as time did not accrue until the trial court entered judgment.

Let’s Get Real About the SAFE-T Act

By Chloé G. Pedersen, Jessica Schneider, & Michelle Lewis
June
2022
Column
, Page 46
Dispelling misconceptions and answering questions about pretrial reforms in Illinois.

Lincoln and Robert E. Lee

By Ron Spears
February
2022
Column
, Page 44
The restoration of Robert E. Lee’s reputation vs. true racial reckoning.

Listen Carefully; Understand Fully

By Pete Sherman
November
2022
LawPulse
, Page 12
Illinois Supreme Court appointee Joy V. Cunningham on lessons learned on her journey to the state’s top court.

Loan not considered income in determining child support and maintenance payments

March
2022
Illinois Law Update
, Page 18
On Dec. 17, 2021, the First District of the Illinois Appellate Court affirmed a trial court’s ruling that loans given to the child support payee by her parents should not be considered income when calculating child support and maintenance payments.

The Magic of Online Client Intake

By Ed Finkel
March
2022
Cover Story
, Page 24
From PDFs to cloud-based apps, the many ways to manage client data online.

Maintenance petition not barred by timing limitation after trial judge ordered reviewable maintenance

July
2022
Illinois Law Update
, Page 14
On April 18, 2022, the Second District of the Illinois Appellate Court reversed and remanded a trial court’s denial of a postdissolution petition extending and increasing maintenance awards/payments.

Mandatory arbitration agreement unenforceable due to lack of consideration

December
2022
Illinois Law Update
, Page 12
On Sept. 30, 2022, the First District of the Illinois Appellate Court held that an arbitration agreement waiving the right to attorney fees without adequate consideration was unenforceable.

Mandatory distributions from an inherited individual retirement account constitute “income”

February
2022
Illinois Law Update
, Page 14
On Nov. 18, 2021, the Illinois Supreme Court held that mandatory individual retirement account (IRA) distributions and withdrawals constituted income for purposes of child support and maintenance calculations.

Mandatory Mediation Means Many Things

By Pete Sherman
January
2022
LawPulse
, Page 12
The U.S. Southern District of Illinois joins a long list of other courts requiring mandatory mediation for many kinds of cases.

Marital settlement catchall provision rendering agreement nonmodifiable applies to maintenance payments

October
2022
Illinois Law Update
, Page 16
On July 12, 2022, the First District of the Illinois Appellate Court held that a catchall provision in a marital settlement agreement precluded modification of maintenance payments.

Material Defects

By Michael J. Rooney
July
2022
Article
, Page 22
Revisions to the Residential Real Property Disclosure Act bring clarity and resolve textual conflicts.

Matters of the Heart

By Ed Finkel
December
2022
Cover Story
, Page 16
In her nearly 40 years on the bench, Illinois Supreme Court Chief Justice Mary Jane Theis has seen how compassion, rigorous thinking, and the rule of law can complement one another.

Mental or behavioral health complications included in sick leave for teachers

September
2022
Illinois Law Update
, Page 16
This Act amends the School Code to allow full-time teachers and other qualifying individuals to take sick leave for mental or behavioral health complications.

Microsoft Online: Tips & Tricks

By Jeffrey S. Krause
September
2022
Column
, Page 44
The sophistication, power, and ease of Microsoft’s online apps.

Microsoft Word’s Top Seven Most Underutilized Features

By Danielle DavisRoe
July
2022
Column
, Page 40
Microsoft Word is so ubiquitous, it’s easy to forget how powerful it is.

Modification of accomplice witness jury instruction proper

March
2022
Illinois Law Update
, Page 18
Fane was convicted of several offenses, including residential burglary, home invasion, and resisting or obstructing a peace officer. On Nov. 18, 2016, police pursued two separate individuals, McGee and Beales, following a 911 report of a home invasion.

More Civility, More Awareness

By Amelia Buragas
February
2022
LawPulse
, Page 10
Illinois Supreme Court announces new policy allowing for cellphones and other mobile devices in courthouses.

Motion to quash service unsupported when recipient of substitute service does not have the subjective mental capacity to understand the importance of service documents

January
2022
Illinois Law Update
, Page 16
On Sept. 30, 2021, the First District of the Illinois Appellate Court held that leaving a summons with a mentally impaired adult is a valid service of process.

A municipality may not initiate interlocutory appeals under Illinois Supreme Court Rule 604(a)

November
2022
Illinois Law Update
, Page 18
On Aug. 8, the Second District of the Illinois Appellate Court held that municipalities may not initiate interlocutory appeals.

Murder sentence vacated on appeal in defense-of-dwelling case

August
2022
Illinois Law Update
, Page 16
On May 13, the Third District of the Illinois Appellate Court vacated the second-degree murder sentence of an individual who stabbed and killed a home intruder and held that the individual acted reasonably in defending his home.

Navigating Illinois’ New Prejudgment Interest Statute

By Michael Adler
September
2022
Article
, Page 26
This summer, Illinois enacted prejudgment interest for personal injury and wrongful death cases. Here’s what you need to know.

The New & Improved Transfer on Death Instrument Act

By Charles G. Brown & Nathan Hinch
February
2022
Article
, Page 30
The amended Transfer on Death Instrument Act adds options for clients seeking cost-effective and straightforward ways to transfer real property at death.

New licensing requirements for ambulatory surgical treatment centers include preoperative care policies and transfer protocols in the event of a medical emergency

November
2022
Illinois Law Update
, Page 18
The Department of Public Health amended its ambulatory surgical treatment center licensing requirements. Among the new requirements, ambulatory surgical treatment centers are now subject to changes in their preoperative care policies and emergency transfer protocols.

NFTs: Sharks and Shards

By Ahad Syed
March
2022
Article
, Page 18
Fractional nonfungible tokens and nonexempt securities.

No attorney fee recovery from former spouse after successful defense of a criminal prosecution for alleged marriage dissolution judgment violation

November
2022
Illinois Law Update
, Page 18
On Aug. 4, the Second District of the Illinois Appellate Court held that a former spouse could not recover attorney fees after successfully defending against an alleged violation of a marriage dissolution judgment.