John Phipps 1937-2020

Posted on August 17, 2020 by Rhys Saunders

John T. Phipps, 82, of Champaign, passed away on Aug. 11, 2020, after spending his final days surrounded by his family and friends.

John was born on Sept. 20, 1937, to Oliver and Jean Phipps. He is survived by his wife, Dody Phipps; his sister, Louise McWhinnie (Jim); his three children, Anne Martinkus (Jim), John Phipps (Becky), and Karen Dorner (David); and his grandchildren, Chase Martinkus, Miranda Phipps, Carter Phipps, Connor Dorner and Emma Dorner. 

Illinois Supreme Court Amends Rule to Address E-Filing Barriers During Pandemic

Posted on August 14, 2020 by Rhys Saunders

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the amendment of Rule 9(c)(5), which will allow self-represented litigants (SRLs) who are unable to complete the e-filing process on their own and unable to get e-filing assistance from the court to file by mail, in person, or other means . The amended rule is effective immediately.

"The Illinois Courts continue to adapt to issues brought on by this pandemic," Chief Justice Burke said. "This change provides self-represented litigants greater flexibility and efficiency when physical access to courthouses is limited by COVID-19."

CLE: Trusts and Estates Litigation Workshop–Session 1

Posted on August 11, 2020 by Rhys Saunders

Join us online from noon until 2 p.m. on Friday, September 11 for the first session of the ISBA’s Trusts and Estates Litigation Workshop, which will provide an in-depth look at the red flags you need to be aware of in both probate and non-probate estates, the issues that can arise with assets and taxes, and how to prepare proper accounting for your fiduciary client. Attend any or all of the workshop sessions in this three-part virtual event series.

Illinois Attorney Registration and Disciplinary Commission Forms Equal Justice Rules Committee

Posted on August 10, 2020 by Rhys Saunders

The Attorney Registration & Disciplinary Commission (ARDC) of the Supreme Court of Illinois, the entity that investigates and prosecutes attorney misconduct, recognizes its responsibility to work towards making sure that the legal system functions fairly for all citizens. To that end, the ARDC has formed the Equal Justice Rules Committee (EJRC) to examine the ethical rules that govern Illinois attorneys’ conduct with the goal of determining whether amendment of those rules is necessary to enhance attorneys’ rights and refocus attorneys’ duties to act in a manner that supports the equal and fair application of justice. 

You Got the Wrong Guy

Posted on August 10, 2020 by Rhys Saunders

It is no secret that some defendants will go to great lengths to avoid being served. Some defendants are even willing to lie about having been served. As a result, the law on this issue has developed firmly in favor of plaintiffs. In the context of personal service, return of service is prima facie proof of proper service and courts are required to indulge in every reasonable presumption in favor of the return. But what happens when an officer has actually, and unrepentantly, served the wrong person? In his August Illinois Bar Journal article, “You Got the Wrong Guy,” Jake Crabbs prepares attorneys for the uphill battle ahead when they set out to prove a case of mistaken identity when the courts are disinclined to believe your client is telling the truth.

CLE: Ethics in Marketing

Posted on August 5, 2020 by Rhys Saunders

Join us online from noon until 1 p.m. on Wednesday, September 23 for this in-depth look at the rules guiding the ethics of attorney marketing in Illinois, as well as how those rules are implemented. Topics include: Rule 1.6 (Confidentiality of Information); Rule 7.1 (Communications Concerning a Lawyer’s Services); Rule 7.2 (Advertising); Rule 7.3 (Solicitation of Clients); Rule 7.4 (Communication of Field of Practice and Specialization); Rule 7.5 (Firm Names and Letterheads); and Rule 8.5 (Disciplinary Authority). Examples will be provided throughout the seminar.

Remote Reality

Posted on July 31, 2020 by Rhys Saunders

In its August 2020 cover article, “Remote Reality,” the Illinois Bar Journal speaks with attorneys, judges, and court administrators throughout Illinois to report their experiences with holding court hearings and business remotely. According to several legal professionals interviewed, some form of remote court access is likely to stay in place or expand even after the COVID-19 pandemic has run its course. Meanwhile, courts in Illinois continue to experiment with and learn from their efforts as they figure out what has been working well and what hasn’t.