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The Malpractice Maze: Bringing a Healing-Arts Malpractice Suit and the Requirements of Section 2-622

Posted on February 11, 2019 by Rhys Saunders

To limit the number of frivolous malpractice claims and thus lower insurance costs, Illinois and 27 other states require attorneys to consult a health-care professional before filing a medical-malpractice suit. But for those bringing a medical-malpractice case, such prelitigation requirements can present a daunting, complex maze. In February’s Illinois Bar Journal, Christopher Michels explores the required steps for bringing a healing-arts malpractice claim in Illinois in his article, “The Malpractice Maze: Bringing a Healing-Arts Malpractice Suit and the Requirements of Section 2-622.”

Practice HQ Resource: Managing Distractions in the 21st Century

Posted on February 11, 2019 by Rhys Saunders

Studies show that the average American worker is interrupted every two to three minutes while on the job. At that rate, it’s a wonder anyone can finish daily tasks, let alone major projects.

The ISBA’s whitepaper on managing distractions in a digital age provides four fronts to address distractions and how to overcome them in the workplace. Those fronts include promoting physical and mental health, putting value on workplace and organizational health, creating a time, task and email methodology, and better understanding attention- and distraction-management skills.

Candidate Report for the 2019 ISBA Election

Posted on February 7, 2019 by Rhys Saunders

The Candidate Report for the 2019 ISBA Election is below. All members of the association (except non-lawyer members) with their dues paid by March 1, 2019 are eligible to vote.

2019 Candidate Report

(N.B.: Pursuant to the Policy and Procedures for Election approved by the ISBA Assembly, in those instances where there are more candidates than positions to be filled, nominees are listed on the ballot by the date of filing. Where two or more people filed on the same date, ballot positions were determined by lot. Ballot positions are listed next to the candidate’s name.)

Third Vice-President (1 to be elected; 1 candidate)

  • Rory T. Weiler

Quick Takes on Illinois Supreme Court Opinions Issued Thursday, February 7

Posted on February 7, 2019 by Rhys Saunders

The Illinois Supreme Court handed down two opinions on Thursday, Feb. 7. In Beaman v. Freesmeyer, the court clarified the proper test for the “commencement or continuance” prong of the tort of malicious prosecution. In People v. Gawlak, the court reversed the appellate court’s decision in a case involving due process rights and the assistance of counsel.

CLE: Technology at Trial

Posted on February 7, 2019 by Rhys Saunders

Learn how to use technology to present evidence or dispute a claim during your next trial. Technology is permeating every aspect of the legal practice – from digital evidence replacing paper to how key components of a case are presented to the jury. Flat screen displays, videotaped testimony, dual screens that present several documents at once, and even personal screens for each juror in the jury box are all ways that technology can simplify and organize the trial presentation process and provide information in a way that is easy to understand. And it’s well established that for a lawyer, competency requires more than just a passing familiarity with technology.

Bill in Favor of Equal Parenting Time Reintroduced in Illinois House

Posted on February 6, 2019 by Rhys Saunders

A bill that the Illinois State Bar Association spoke against during last year’s legislative session was refiled this week. The bill, HB 185, would amend the Illinois Marriage and Dissolution of Marriage Act to mandate a rebuttable presumption in favor of equal parenting time in every family law case.

The only exception is if the parents present an agreed written parenting plan, and that plan is approved by the court. If the court deviates from this presumption, it requires the court to issue a written decision stating its specific findings of fact and conclusions of law in support of its ruling.

Best Practice Tips: Law Firm Client Level vs. Matter Level Client Origination Credit

Posted on February 6, 2019 by Rhys Saunders

Asked and Answered 

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the owner of an eight-attorney insurance defense law firm in the greater Chicago area. All of the other attorneys in the firm are associates. They are currently paid a salary plus a bonus for billable hours that exceed certain thresholds. I am in the process of establishing a non-equity partner tier and for this tier I want to set up a different compensation system with the focus on collected revenues rather than billable hours. I will continue to pay non-equity partners a salary with a bonus for collected working attorney fees. I will also pay responsible attorney fees for other timekeepers' work over the target threshold. I have given some thought to client origination of business, but since we have a small universe of insurance company clients, I'm not sure how this would play out. I would appreciate your thoughts.

ISBA Statehouse Review for February 5, 2019

Posted on February 5, 2019 by Rhys Saunders

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers perjury, interest on child support, the Disposition of Remains Act, the Condominium Property Act, foreclosure in cities of more than two million residents, post-judgment changes,and the Open Meetings Act.

Perjury. House Bill 914 (Bennett, R-Pontiac) extends the statute of limitations for perjury to seven years. Current law is three years. House Bill 914 was assigned to House Criminal Law Committee.

Three Cook County Circuit Court Judicial Vacancies Announced

Posted on February 4, 2019 by Rhys Saunders

Applications are now being accepted for judicial vacancies in the Thirteenth Subcircuit, Seventh Subcircuit, and First Subcircuit of Cook County, according to an announcement made by the Illinois Supreme Court.

The vacancy of the Thirteenth Subcircuit judicial position was created by the resignation of Circuit Judge Margarita Kulys Hoffman. Judge Kulys Hoffman had served as a judge since 2006. Her resignation took effect Dec. 31, 2017. 

The vacancy of the Seventh Subcircuit judicial position was created by the retirement of Circuit Judge Marianne Jackson. Judge Jackson had served as a judge since 1997. Her resignation took effect Dec. 31, 2018. 

The vacancy of the First Subcircuit judicial position was created by the death of Rhonda Crawford on April 26, 2018.