The ISBA Is Accepting Submissions for the Annual Lincoln Award Legal Writing Contest

Posted on April 14, 2021 by Rhys Saunders

The Illinois State Bar Association invites Young Lawyers Division (YLD) attorney members to establish yourselves as experts in your practice area and compete for your share of $3,500 in prize money by entering the Annual Lincoln Award Legal Writing Contest.

Submissions should be useful, practical articles on topics important to practicing lawyers. Submissions will be considered for publication in the Illinois Bar Journal.

CLE: Securities Fraud—Fundamental Concepts

Posted on April 14, 2021 by Rhys Saunders

Learn the fundamental concepts of securities fraud with this online program from 9 until 11 a.m. on Thursday, May 6 that examines a number of important topics. Attorneys with basic practice experience who attend this seminar will better understand: when securities fraud occurs; who is liable for securities fraud (the entity, the entities affiliates, service professionals, or someone else); how to safeguard against claims of securities fraud during a securities transactions; the basic considerations for claims pursuant to Rule 10b-5; considerations under the Illinois Securities Act; what it means to “make a misrepresentation” in connection with the “sale of securities”; and the issuer, attorney, and broker liability and remedies for investors.

ISBA Past President Richard L. Thies Passes Away

Posted on April 13, 2021 by Rhys Saunders

Richard L. Thies (Dick Thies) of Urbana, IL died peacefully on April 10, 2021. He was 89 years old. Dick was born in Scotts Bluff, Nebraska on November 7, 1931 to Arnold C. and Wilma P. Thies. He was preceded in death by his parents, including his step-father, David C. Player, and by brother-in-law Craig R. Webber, sister-in- law, Alice J. Webber and brother-in- law, James L. Zaccagni. He is survived by his wife of 66 years, Marilyn Webber Thies, by his brother, Dr. David M. Player (Beth), sister, Jennifer G. Zaccagni, brother-in-law, Carl M. Webber (Betty) and five children, David C. Thies (Johanna) (Champaign, IL), Nancy Thies Marshall (Charlie) (Salem, OR), Susan Thies Harrison (Mike) (Hong Kong/Urbana, IL), John E. Thies (Terry) (Urbana, IL) and Anne Thies Peters (Jeff) (Sherwood, OR). He is also survived by 16 grandchildren, ten great-grandchildren (with one on the way), and by many wonderful cousins, nieces, nephews, and dear friends.

Discovery Orders and the Peer-Review Privilege

Posted on April 12, 2021 by Rhys Saunders

Traditionally a safeguard exclusively available to journalists, shield laws in many jurisdictions have gradually broadened in scope and now protect material generated and relied upon by many professionals when conducting research for publication. But according to Daniel Schwartz in his April Illinois Bar Journal article, “Discovery Orders and the Peer-Review Privilege,” few cases in Illinois discuss the applicability of shield laws to medical research. Whether—and to what extent—medical research is discoverable therefore remains an unsettled issue, Schwartz argues. To bring coherency to Illinois law governing discovery requests for medical research, Schwartz examines discovery requests litigated under the Illinois Medical Studies Act and several state and federal discovery provisions. He also highlights the factual and doctrinal significance of the cases discussed and notes important considerations for legal practitioners seeking to issue or bar a request to produce medical research.

CLE: Real Estate Law Transactions 101—Part 1

Posted on April 8, 2021 by Rhys Saunders

Don’t miss this opportunity on Wednesday, May 5 to expand your understanding of the issues that can arise in your next real estate law transaction – from who should hold the earnest money and the difference between a general warranty deed and special warranty deed, to what constitutes a marketable title and understanding a boundary survey. Join us for part on of this two-part series that will help you better understand: what happens if the realtor refuses to hold the earnest money; the ethical issues involved if the seller’s or buyer’s attorney holds the earnest money; what is required of the seller to disclose; what constitutes a warranty deed; the hazards associated with using a general warranty deed; how to effectively represent your real estate clients during COVID without physically attending the closing; and much more.

Illinois Supreme Court Approves Amendments to Order on Residential Evictions

Posted on April 6, 2021 by Rhys Saunders

The Illinois Supreme Court announced today amendments to Order M.R. 30370 regarding residential evictions. The Illinois Judicial Conference’s Court Operations During COVID-19 Task Force (Task Force) recommended these amendments to the Court in order to better clarify the standard for residential evictions impacted by the governor’s executive orders.

ISBA Board of Governors Approves Two Ethics Opinions

Posted on April 6, 2021 by Rhys Saunders

The Illinois State Bar Association’s Board of Governors approved two new Professional Conduct Advisory Opinions on March 26 during its regularly scheduled Board meeting.

The opinions address a lawyer representing surviving spouse as both estate administrator and renouncing spouse, and a lawyer's disclosure of client estate planning documents after the client's death.

Guilty Plea, Innocent Defendant

Posted on April 5, 2021 by Rhys Saunders

Historically, guilty-plea defendants in Illinois have been denied the opportunity to present actual-innocence claims based on newly discovered evidence because their convictions were founded on valid guilty pleas. However, the Illinois Supreme Court recently held in People v. Reed that these defendants can raise claims of actual innocence under the Post-Conviction Hearing Act. Although this is a momentous victory for guilty-plea defendants, the burden they must meet is significant. In her April 2021 Illinois Bar Journal article, “Guilty Plea, Innocent Defendant,” Ashley Kidd, a law clerk for the Third District of the Illinois Appellate Court, discusses the function of plea agreements in our criminal justice system, the Reed decision, and how these claims should be presented post-Reed.