This year, legalized recreational cannabis was supposed to dominate the news in Illinois and elsewhere (other things happened). In their October Illinois Bar Journal article, “What’s That Smell?,” Emily L. Fitch and Brenda M. (Duke) Mathis revisit Illinois’ new cannabis-related laws and follow the legal issues sprouting from cannabis legalization. They conclude multiple issues remain to be clarified by legislative action and caselaw, including questions surrounding probable cause with the scent of cannabis alone and whether a free air sniff is sufficient when the dog has been trained to detect cannabis. Up to this point, Illinois courts have placed only limited restrictions on free air sniffs. However, it does appear that the reviewing courts are prepared to throw out a prosecutorial-minded approach to the free air sniff and write new caselaw in the face of cannabis legalization. Fitch and Mathis also summarize new cannabis laws and compare Illinois with other states revisiting probable-search caselaw in light of cannabis legalization.

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the amendment of Rule 415, which will allow attorneys to provide a copy of discovery to a defendant unless good cause is shown why the discovery should not be furnished to the defendant. 

By Michael Bergmann, Executive Director of the Public Interest Law Initiative

Coordinated by the American Bar Association’s Standing Committee on Pro Bono and Public Service, Pro Bono Week is intended to inspire even greater pro bono participation by lawyers throughout the nation. In 2020, Pro Bono Week will be celebrated from October 25-31. This initiative provides an opportunity for legal organizations across the country to collaboratively commemorate the vitally important contributions of America’s lawyers and to recruit and train the many additional volunteers required to meet the growing demand. The Standing Committee on Pro Bono and Public Service undertook this initiative to provide a format for showcasing the incredible difference that pro bono lawyers make to our nation, to our system of justice, to our communities and, most of all, to the clients they serve. For more information, visit www.celebrateprobono.org.

The Illinois Supreme Court handed down three opinions on Thursday, October 22. In People v. Lusby, the court denied a defendant’s request for leave to file a successive post-conviction petition asserting that his sentencing hearing was constitutionally inadequate. In Tabirta v. Cummings, the court considered whether the existence of one part-time employee who services a few of a defendant corporation’s customers from his home in Cook County satisfies the “other office” or “doing business” prongs of section 2-102(a) of the venue statute. In Goral v. Dart, a split court allowed disciplined and fired Cook County correctional officers to continue their lawsuits against Cook County Sheriff Tom Dart.

Join us from 1:30 until 5 p.m. on Thursday, November 5 for "Construction Law Primer for Young Attorneys and General Practitioners—Part 2."

Illinois real estate enjoys robust health with continuing new residential and commercial construction, the remodeling of existing residential and commercial construction, and the improvement and construction of highways, roads, and bridges. Schools, universities, and wastewater treatment plants are also being constructed or improved. With so much ongoing construction taking place, it’s likely that Illinois practitioners will eventually be confronted with one or more construction matter. Don’t miss part two of this two-part series that examines the various issues that can arise in construction law cases and offers guidance on how to navigate these issues. Attorney with basic practice experience who attend this seminar will better understand: the basic steps for closing out of construction projects; the specialized issues, including Buy American requirements and workforce diversity requirements, that can affect construction projects; construction claims and how to process them; labor laws and prevailing wage issues that can impact a construction project; how arbitration and mediation can help your next construction law dispute; and how to identify and address the ethical issues that you may encounter throughout a construction law case. 

The United States Department of Justice, Antitrust Division, is seeking highly qualified attorneys to serve as trial attorneys in the Chicago office.

The Illinois State Bar Association’s Lawyer Finder Service provides referrals to local lawyers Mondays through Fridays. The Service makes referrals in a number of areas of law. For the month of September 2020 there were more than 600 referrals given.

Here are the results for September 2020:

Join us from 9 until 11:45 a.m. on Wednesday, November 4 for part two of this two-part online series 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.

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.