A podcast about a CLE program? Why not? Aurora lawyer and podcaster Sam Partida brought his recorder, his energetic style, and his in-the-trenches knowledge of criminal law to the ISBA’s DUI and Traffic Fall Seminar in Elgin earlier this month. The result is a great series of interviews that are an exciting and informative sampler of what you missed if you couldn’t be there – and what you can view online (for CLE credit!) as soon as it’s posted.

View Sam’s blog post about the Elgin program or use the player below to listen:

Officer Luke Elmore, of the Village of Glen Ellyn, received a 2015 Law Enforcement Award from the Illinois State Bar Association and President Umberto S. Davi on October 26 during a ceremony at the Glen Ellyn Civic Center.

The ISBA’s Law Enforcement Award was created to recognize sworn law enforcement officers for conduct that promotes justice and to distinguish those individuals whose service to the public brings honor and respect to the entire criminal justice system. It recognizes those who excel in law enforcement.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the solo owner of a five-attorney estate planning firm in Los Angeles consisting of myself and four associates. I am approaching retirement and looking at my exit options. Since there are no heirs apparent in the firm, I am looking to sell the practice. However, the potential buyer that I have been speaking with is nervous and concerned about client defections, proper transition, etc. Also, I would like to continue to practice for a few years and don't want to run afoul of the rules of professional conduct. I would appreciate your thoughts.

Here is the Illinois Supreme Court Call of the Docket for November Term 2015:

Call Tuesday, November 10, 2015 - 9:30 A.M.

• No. 117846 - People State of Illinois, appellant, v. Joshua Tolbert, appellee. Appeal, Appellate Court, First District.
• No. 118672 - People State of Illinois, appellant, v. Gregory Hernandez, etc., appellee. Appeal, Circuit Court (DuPage).

Call Thursday, November 12, 2015 - 9:00 A.M.

• Nos.118693, 118694 - People State of Illinois, appellee, v. Wail Salem, appellant. Appeal, Appellate Court, Third cons. District
• No. 118973 - People State of Illinois, appellant, v. Taron R. Burns, appellee. Appeal, Appellate Court, Fourth District.

Call Tuesday, November 17, 2015 - 9:00 A.M.

• No. 118496 - People State of Illinois, appellant, v. Eduardo Lerma, appellee. Appeal, Appellate Court, First District.
• No. 117720 - Stone Street Partners, LLC, appellee/cross-appellant, v. The City of Chicago Department of Administrative Hearings et al., appellants/cross-appellees. Appeal, Appellate Court, First District.
• Nos.119618, 19620, 119638, 119639, 119644 - Mary J. Jones et al., appellees, v. Municipal 1Employees' Annuity and Benefit Fund of Chicago et  al., appellants. Appeal, Circuit Court (Cook).
• No. 118661 - People State of Illinois, appellee, v. Jerry Boston, appellant. Appeal, Appellate Court, First District.

ISBA leaders attended the 12th Annual Peoria County Bar Association Diversity Luncheon on Oct. 21 at the Peoria Marriott Pere Marquette. Bradley University Athletic Director Chris Reynolds (left) served as the keynote speaker. ISBA leaders in attendance included (from left after Reynolds) ISBA President Umberto S. Davi, ISBA Board member Sonni Choi Williams, ISBA President-elect Vincent F. Cornelius and ISBA 3rd Vice President James F. McCluskey.

The Illinois Bar Foundation will honor Paula Hudson Holderman and Jennifer Rosato Perea at the annual Fellows Breakfast on Friday, December 11, 2015 at The Sheraton Chicago Hotel & Towers.

Paula Hudson Holderman, Winston & Strawn 

ISBA Past President Paula Hudson Holderman will be honored with the 2015 Distinguished Service to Law & Society Award. This award is given to individuals who have made a significant contribution to law and society and his/her contribution includes involvement with the Illinois Bar Foundation and The Fellows.  

Jennifer Rosato Perea, Dean, DePaul University College of Law  

Dean Jennifer Rosato Perea will be honored with the 2015 Honorary Fellow Award. This award is given to individuals whose professional and public careers set an example to which others aspire. 

Don’t miss this opportunity in Chicago on November 5, 2015 to update your knowledge on a number of key criminal law areas. Criminal defense attorneys, general practitioners, assistant state’s attorneys, and assistant public defenders with all levels of practice who attend this seminar will better understand: how the marijuana laws intersect with DUI laws in Illinois; the application and approval requirements for a concealed carry permit; the alternative courts available to defendants in Cook County and the requirements to qualify for the courts; how to effectively use – or bar – smartphone evidence in your next your case; the recent cases that have been overturned due to wrongful conviction; the ethical dilemmas facing criminal practitioners on a daily basis and how they are best handled from both the prosecution and defense perspective; and much more!

The program is presented by the ISBA Criminal Justice Section and qualifies for 6.5 hour MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

Ballard RN Center, Inc. v. Kohll's Pharmacy & Homecare, Inc.

By Michael T. Reagan, Law Offices of Michael T. Reagan

In this “junk fax” class action case, the court held that a motion for class certification filed contemporaneously with the complaint was sufficient to bar a claim of mootness by defendant, which tendered the full amount recoverable under the Telephone Consumer Protection Act after the complaint, and class certification motion, were filed. In partially reversing the appellate court and in affirming the circuit court, the supreme court centered its analysis on its opinion in Barber v. American Airlines, Inc., 241 Ill.2d 450 (2011).

In Barber, plaintiff’s class action was properly dismissed because there was no motion for class certification pending when the defendant refunded the $40 baggage fee which was at issue, thereby mooting the class plaintiff’s claim. An underpinning of the reasoning in Barber was that in the absence of a motion for certification, the interests of the other class members were not then before the court.  

Here, defendant argued, in part, that the motion for class certification was a “shell” motion that lacked content. The supreme court disagreed, saying that the motion contained a general outline of the action, and effectively communicated the fundamental nature of the putative class action.

Attorney Rory Weiler discusses the new family law maintenance guidelines for 2015.