On Aug. 3, 2019, John B. Kincaid, loving husband and father of three daughters, passed away at the age of 80.  John was born on Aug. 25, 1938, in Hinsdale, to Marguerite Donahue and Cecil Kincaid. 

On Jan. 8, 1966, he married Sharon Louise Middleton. They raised three daughters, Stacy (Heesen), Sarah (Gillotti), and Tara (Schreiner). He received his law degree from Chicago-Kent Law School in 1963 and practiced civil law for almost 60 years, most notably at Mirabella, Kincaid, Mirabella & Frederick in Wheaton, Illinois. 

The Illinois Supreme Court handed down one opinion on Thursday, Aug. 1. In People v. Johnson, the court held that the act of shoplifting could be prosecuted as burglary as opposed to retail theft. 

People v. Johnson

By Kerry J. Bryson, Office of the State Appellate Defender

In July 2014, Darren Johnson and another man entered the Rock Falls Walmart, placing two backpacks on top of a coin counting machine in the vestibule on their way into the store. Inside, they gathered some items of clothing and then, without paying for the clothing, returned to the vestibule, retrieved the backpacks, and loaded the clothing into the backpacks. They repeated this process a second time. A customer called the police, and Johnson was stopped outside of the store. Johnson admitted stealing the clothing, telling the police it was for his daughter.

Judge Mary Ellen Coghlan has been assigned as an appellate court justice in the First District. 

Judge Coghlan was assigned to fill the opening created by the retirement of Appellate Justice Mary Anne Mason. The assignment of Judge Coghlan takes effect on July 30, and will remain in effect until further order of the court. 

Law firms often make easy targets for ransomware attacks.

The primary reason is that firms are late to the security game. Criminals target firms with ransomware because they have low security, very sensitive data, and will pay to keep it.

Attorney Robert Markoff discusses how to write an enforceable judgment order.

In 1857, Abraham Lincoln was the defense attorney for Melissa Goings, who was charged with the murder of her husband, Roswell Goings—a 77-year-old man with a reputation for heavy drinking and spousal abuse. The abuse led to a tragic ending when, according to Melissa, Roswell tried to strangle her and she defended herself by striking him with a piece of firewood. Roswell died of the resulting skull fracture four days later. On the first day of trial, Lincoln conferred with Melissa during a break, but when court resumed, Melissa was nowhere to be found—and was never seen again in Metamora. When asked if he knew anything about her absence, Lincoln allegedly quipped that “she wanted to know where she could get a good drink of water and I told her there was mighty good water in Tennessee!” Don’t miss this full-day seminar from 8:45 a.m. until 4 p.m. Friday, Sept. 6 that examines the Melissa Goings case in the very courthouse where Lincoln was present.

In its August issue, the Illinois Bar Journal provides an extensive sneak preview of the ISBA's upcoming Solo & Small Firm Conference by providing lots of easy-to-apply tips on improving your digital marketing efforts. Read the article, “Extending Your Reach,” for getting more out of your website, social media, blogs, and overall internet presence.

Teresa Molina has been appointed as an at-large Cook County circuit judge.

The appointment is effective July 24 and will conclude on Dec. 7, 2020, following the November 2020 general election.

The ISBA has created a new section council to address food law, an increasingly specialized practice area that shows signs of surging.

The practice of food law includes legal issues affecting agriculture and farmers, health and the environment, sustainability, intellectual property and licensing, the regulation of food trends and innovation, and laws and regulations protecting consumers, says Molly Wiltshire, a Chicago-based attorney who was instrumental in drafting a proposal to create the new section.

By Sandra Crawford, JD

In 2018, Illinois formally recognized the collaborative law model of dispute resolution with the enactment of legislation and the adoption of Supreme Court Rule – 750 ILSC 5/90 and Rule 294, respectively. The history of this model of limited scope representation or unbundled legal services starts back in 1990 in Minnesota. 

In 1990, a Minnesota litigator, Stu Webb, the “godfather” of the collaborative model, wrote in his journal, “what if I just announce on January 1, 1990, I will no longer take any cases to court?