During the COVID-19 pandemic, some Illinois courts have been conducting hearings and small-claims trials via video conferencing. While public health concerns continue, this technological approach to court business has had its silver linings. Witnesses, for example, have been able to testify remotely, saving travel expense and time. Perhaps such remote court technology also will complement the increasing use of foundational affidavits for business records, since the other party will have ample opportunity to challenge foundational sources during discovery and trial. As Christopher DiPlacido writes in his October Illinois Bar Journal article, “For the Record,” the basic modern approach starts from the premise that all evidence is competent until the reverse is shown. Generally, DiPlacido shows, Illinois Supreme Court Rule 236 liberalizes the rules of evidence pertaining to regular business records by eliminating the need for the preparer’s testimony or proof of authorship.

The Illinois Department of Healthcare and Family Services has an opening for two attorneys in the Springfield office.

The Office of the General Counsel of the U.S. Department of Health and Human Services (HHS) seeks to fill one or more attorney positions in our Chicago office. Interested members of the ISBA are encouraged to apply.

The anticipated salary ranges are at Grades 11 through 14 (salary range from approximately $70,987 - $119,559 annually), depending on experience and other qualifications.

There’s still time to bid on an array of items at the Illinois Bar Foundation’s Gala-Palooza silent auction.

The silent auction is part of the IBF’s virtual Gala, which is held over three days to raise funds for colleagues in need and to support civil legal aid throughout the state of Illinois.

The ISBA will be sharing videos from members of the ISBA Standing Committee on Delivery of Legal Services in honor of National Pro Bono Week.

National Pro Bono Week is recognized on October 25-31 this year.

Illinois attorneys now have a convenient online portal that simplifies and centralizes recordkeeping for continuing legal education (“CLE”) credits. Using the online system unveiled by the Illinois Supreme Court and the Court’s Minimum Continuing Legal Education (“MCLE”) Board today, attorneys can easily view their credits earned from accredited courses and qualifying bar association meetings, as well as other details about those CLE credits. The new portal is available here.

Join us from 8:55 until 11:45 a.m. on Friday, October 23 for part one of this two-part program that examines a number of key real estate issues, recent caselaw updates and legislative changes that affect your client. Listen to experienced real estate attorneys as they discuss foreclosures, forbearances and real estate-related bankruptcy issues. Learn about condominium issues in the COVID (and post-COVID) pandemic. Understand reassessment of property valuations, as well as incentives given to developers for rebuilding. Engage with a panel of distinguished attorneys as they discuss the hot topics in real estate, including the impact of COVID-19 on the practice of law involving real estate.

As with any new technology, the use of biometrics comes with complications. If it is suspected that the device has been used to commit a crime, law enforcement is authorized to apply for a warrant to search the device. If the device is protected by a biometric feature, the government will seek authorization to compel the owner to unlock the device. In his October Illinois Bar Journal article, “I Can’t Quite Put My Finger on It,” Thomas A. Drysdale asks whether a person can be compelled to provide a biometric feature to unlock a device and finds that, due to the constitutional protection against self-incrimination, courts have struggled to find an answer. Drysdale examines the constitutional implications of compelling biometric features, compares differing judicial opinions, and provides background information for the Illinois practitioner approaching the issue.

An independent judicial branch of government is foundational to our American democracy. While it means that our judges and courts should be free of influence from the other branches of government, it also means that the judiciary should be free of influence from private or special interests. The rule of law means nothing if judges are not able to impartially decide both public and private legal disputes with complete independence.

The Illinois State Bar Association’s Board of Governors approved three new Professional Conduct Advisory Opinions on September 25 during its regularly scheduled Board meeting.

The opinions address an attorney’s duty to disclose confidential information about a client’s fraud to third parties in an effort to prevent, lessen, or rectify the fraud; a lawyer’s responsibility to hold funds whose ownership is disputed until the dispute is resolved; and the ethical Rules that do not bind an attorney to continue proceeding with an appeal of a court’s decision appointing a guardian for a client who currently lacks mental capacity, in the manner discussed between the lawyer and the client previously, when the client had adequate mental capacity.