The risks of using legal forms without attorney guidance… Episode # 37By Michael J. MaslankaReal Estate Law, April 2017If your clients ever ask if they can just prepare a form, you can honestly say that they can but that they do so at their own risk, and the cost of an attorney's fee to prepare the form for her or him is likely going to be a lot less than the fee for fixing a mistake that the do-it-yourself form may produce.
A tip to ingratiate yourself with real estate purchasing clientsBy Michael J. MaslankaReal Estate Law, April 2017In light of Galinas v. The Barry Quadrangle Condominium Association, et al, townhome/condo purchasers should look into buying homeowner's insurance, even though the Association has its own policy.
Settling parties (with attorneys) beware!By Michael J. MaslankaSenior Lawyers, February 2017The recent opinion in Williams v. Office of the Chief Judge of Cook County, Illinois and Michael Rohan, contains a portion which this author-- and likely others--will find disturbing.
The other side of the Power of Attorney coinBy Michael J. MaslankaTrusts and Estates, November 2016From time to time, a client may come in to consult with the attorney and relate facts, including that someone else is acting as agent under another person’s power of attorney, and that there may be some misfeasance, malfeasance, or abuse going on. That is the other side of the coin.
The other side of the Power of Attorney coinBy Michael J. MaslankaSenior Lawyers, October 2016From time to time, a client may come in to consult with the attorney and relate facts, including that someone else is acting as agent under another person’s power of attorney, and that there may be some misfeasance, malfeasance, or abuse going on. That is the other side of the coin.
Human Trafficking Task Force ActBy Michael J. MaslankaHuman and Civil Rights, September 2016Illinois House Bill 2822 has become Public Act 99-0864, effective August 22, 2016.
Read ‘em and weep… in cards. Don’t read ‘em and weep… in lawBy Michael J. MaslankaReal Estate Law, September 2016It is well-settled law in our state that a competent adult is charged with knowing and accepting the document he voluntarily signs and that his ignorance of what it says does not avoid its legal effect.
Convenience, speed and ethicsBy Michael J. MaslankaReal Estate Law, July 2016What happens if you mistakenly click 'reply all' and include your opposing attorney and his client on your email correspondence?
It doesn’t hurt to ask, and it may hurt not to ask!By Michael J. MaslankaSenior Lawyers, June 2016Caregivers and agents should not summarily pay bills without reading them and perhaps questioning them from time to time.
Sanctity of jury process upheldBy Michael J. MaslankaHuman and Civil Rights, June 2016In a case recently decided by the U.S. Court of Appeals for the Seventh Circuit, a District Court’s judgment of conviction on a jury’s guilty verdict was reversed and the case was remanded for a new trial because of an improper jury verdict.
Revocable living trust, tenancy by the entirety, and a little loss of privacyBy Michael J. MaslankaReal Estate Law, April 2016As a result of Loventhal v. Edelson, bankruptcy attorneys should be sure to list the tenancy by the entirety exemption on Schedule C of the bankruptcy petition, and real estate attorneys should be reminded to have both spouses sign any deed conveying their property to themselves as tenants by the entirety, whether in a trust or otherwise.
When the U.S. Supreme Court speaks…By Michael J. MaslankaHuman and Civil Rights, March 2016A recent civil rights case decided by the U.S. Supreme Court was remarkable, not for its decision on the civil rights issue so much as it was on constitutional law, supremacy, and the interaction between federal and state governments.
Do your legal research… Very well!By Michael J. MaslankaReal Estate Law, January 2016Some thoughts on spelling, hyphens and terminology when conducting legal research.
Mortgagors and mortgagees in the pleading gameBy Michael J. MaslankaReal Estate Law, December 2015Must a loan modification agreement must be attached to and pled in a foreclosure complaint?
Pick your title: “Just Don’t Do It!” … “Ethical Common Sense” … “Everyone is Tempted”By Michael J. MaslankaBusiness Advice and Financial Planning, December 2015It could easily happen that a transaction must close or is ready to close and a particular signature or notarization is missing. You need that signature and/or notarization. What do you do?
Big Brother is watching… your house!By Michael J. MaslankaReal Estate Law, November 2015Homeowners better not ignore municipality or other local governmental notices regarding code violations, as Big Brother almost always wins.
What does “cf.” mean again?By Michael J. MaslankaReal Estate Law, November 2015The 2nd District Appellate Court answered this question in its opinion filed on March 21, 2012 in the case of In Re Marriage of Romano.
When the Pope speaksBy Michael J. MaslankaHuman and Civil Rights, October 2015Have an opinion on the Pope's comment regarding the action or inaction of Kim Davis, County Clerk of Rowan County, Kentucky? Let us know in the comments section of this article!
Case review: Castillo v. Dep’t of Human RightsBy Michael J. MaslankaHuman and Civil Rights, September 2015The case of Castillo v. Department of Human Rights, et al., deals with illegal discrimination in the rental of an apartment under the Illinois Human Rights Act.
A no-no by statute and caselawBy Michael J. MaslankaReal Estate Law, September 2015In the case of Curielli v. Quinn, et al., decided by the First District Appellate Court on August 4, 2015, the Court held that an attorney cannot act as an attorney and a real estate broker at the same time for the same client, in the same transaction.
7th Circuit speaks on ethicsBy Michael J. MaslankaReal Estate Law, August 2015Takeaways from Peterson v. Katten Muchin Rosenman LLP of interest to transactions attorneys.
Case review: Castillo v. Department of Human Rights, et al.By Michael J. MaslankaReal Estate Law, July 2015The case of Castillo v. Department of Human Rights, et al., deals with illegal discrimination in the rental of an apartment under the Illinois Human Rights Act.
A decision, finally, after nineteen years: Case reviewBy Michael J. MaslankaHuman and Civil Rights, January 2015Although the order in this case was filed under Supreme Court Rule 23, it has a very interesting history and some good tips for employers. Unfortunately, it is also a sad commentary on the delay of justice in some cases.
From the ChairBy Michael J. MaslankaHuman and Civil Rights, June 2014A message from Section Chair Michael Maslanka.
From the ChairBy Michael J. MaslankaHuman and Civil Rights, March 2014A message from Human Rights Section Chair Mike Maslanka.
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