Articles on General Practice

Amendment to Illinois Wage Payment and Collection Act Increases Damages for Violations of the Act By Mary Anne Gerstner General Practice, Solo, and Small Firm, September 2021 An amendment to the Illinois Wage Payment and Collection Act was enacted into law in July 9, 2021.
A Fractured Life By Stephen Hoffman General Practice, Solo, and Small Firm, September 2021 Our civil justice system of torts is based upon monetary compensation to injury victims.
New Statutory Provisions Require Sealing of Residential Eviction Cases By Michael Zink General Practice, Solo, and Small Firm, September 2021 In May 2021 the Illinois General Assembly enacted several purportedly temporary amendments to the Eviction Act. The new provisions, docketed as 735 ILCS 5/9-121.5 and 735 ILCS 5/9-122, set forth the conditions under which eviction cases shall be sealed for a specific time period defined in the amendment.
Small Businesses: Time to Brush Up on Employment Law General Practice, Solo, and Small Firm, September 2021 Two pointers on the recent changes to the Human Rights Act that now apply to all employers regardless of their size.
When the Caregiver Needs Care General Practice, Solo, and Small Firm, January 2021 To continue to zealously represent our clients, we should take a proactive approach to our physical, mental, and emotional health.
Are You Paying Too Much for Your Client’s Medical Records? By Michael K. Muldoon General Practice, Solo, and Small Firm, November 2019 The HITECH Act encourages the use of electronic records by health care providers and makes it easier for patients to obtain their health care records.
Evidentiary Admissions and Judicial Admissions: A Quick Refresher By Michael J. Maslanka General Practice, Solo, and Small Firm, November 2019 Armstead v. National Freight, Inc. provides a good explanation of the differences between evidentiary admissions and judicial admissions.
The Illinois Appellate Court Affirmed the Trial Court’s Dismissal of a Verified Complaint for Failure to Allege Adequate Consideration for a Noncompete Agreement By Mary Anne Gerstner General Practice, Solo, and Small Firm, November 2019 The appellate court affirmed the trial court’s dismissal of a verified complaint for failure to allege adequate consideration for a noncompete agreement where the verified complaint alleged continued employment as the only consideration for the noncompete covenant and the employee resigned in less than two years.
Reading the advance sheets By Chad S. Beckett General Practice, Solo, and Small Firm, December 2018 As practitioners, we are best served by regular access to the latest research in whatever branch of the law we engage.
Chairperson’s corner By Timothy E. Duggan General Practice, Solo, and Small Firm, September 2004 Welcome to the 2004-2005 Section Council Year. It is an honor for me to be chairman of the General Practice, Solo and Small Firm Section Council.
Mechanics’ liens: Oh, those old cases—how they haunt you By Thomas F. Hartzell General Practice, Solo, and Small Firm, June 2002 We were recently involved in a mechanics' lien case where we represented the plaintiff lumber company against the owner of the real estate, his contractor and the bank as mortgagee.
Medical information minefield: What does HIPAA stand for and why you should care By Michael K. Goldberg General Practice, Solo, and Small Firm, June 2002 Ask any health care professional for his or her list of hot topics in health care and the vast majority will quickly refer to the acronym HIPAA. What is HIPAA and what makes it such a hot topic?
Recent amendments to the Illinois Supreme Court rules By Michele M. Jochner General Practice, Solo, and Small Firm, June 2002 In recent months, the Illinois Supreme Court has made significant amendments to several of its rules.
Part 2: Reciprocal or mutual wills—implied consequences By Timothy E. Duggan General Practice, Solo, and Small Firm, May 2002 In a previous issue of this newsletter, an article by the same name discussed the factors that courts would consider to determine if wills were executed pursuant to contract, reviewed specific cases to highlight how the analysis of such factors worked in practice, and noted that ordinary disposition schemes have been argued to evidence contractual wills.
Trial pratice notes: civil jury instructions—an update and comments By Patrick J. Hitpas General Practice, Solo, and Small Firm, May 2002 If you are a lawyer who does not concentrate in personal injury cases, you may not have the opportunity to try jury trials on a regular basis.
The youth court option: now that’s a young prosecutor By Terrence M. Madsen General Practice, Solo, and Small Firm, May 2002 The scene in the Knox County courtroom is pretty much the same as at any routine juvenile proceeding ­ except that the prosecutor is fourteen, the defense "attorney" is sixteen and a "jury" of 13 ­ 17 year old are hearing evidence in aggravation and mitigation in anticipation of imposing a very real sentence.
Ante-nuptial isn’t nuptial By Terrence M. Madsen General Practice, Solo, and Small Firm, April 2002 An ante-nuptial agreement does not enjoy the traditional disclosure privileges associated with marital communications according to the Third District's recent opinion in In rel. Puterbaugh v. Puterbaugh, 3-01-0292 (2/14/02).
Chair’s column General Practice, Solo, and Small Firm, April 2002 ISBA president Tim Eaton has appointed a Special Committee on the Transfer of a Law Practice.
Estate planning & probate update By James F. Dunneback & Anne Scheurich Kelly General Practice, Solo, and Small Firm, April 2002 The past year has seen significant and far-reaching changes in the estate planning and estate and gift tax arenas.
Patient beware! Part III By David K. Harris General Practice, Solo, and Small Firm, April 2002 On October 23, 2001, the Fourth District Appellate Court reversed the trial court's decision allowing summary judgment against the plaintiff/patient. Warren v. Burris, 325 Ill. App 3d 599.
“Realizing the Small Firm Advantage” conference set for Valpo May 30 ­ June 1 By Stephen M. Terrell General Practice, Solo, and Small Firm, April 2002 Register now for the 2002 Midwest Solo & Small Firm Success Conference to be held May 30, 31 and June 1 at Valparaiso University School of Law.
Chairperson’s column General Practice, Solo, and Small Firm, March 2002 ISBA's President Tim Eaton and the ISBA Board have gone on record to again advocate for changing the Supreme Court rules to permit the sale of a solo practice.
Garageman’s labor and storage liens another believe it or not situation By G. Bradley Hantla General Practice, Solo, and Small Firm, March 2002 An automobile mechanic and/or garageman enters your office indicating that he has a truck that has been left at his premises for a considerable period of time and that there is a storage bill owed on the truck in a sum in excess of $5,000.
Part 1: Reciprocal or mutual wills—implied consequences By Timothy E. Duggan General Practice, Solo, and Small Firm, March 2002 A simple and common request can have significant consequences which may be unintended: a married couple, each with children from prior marriages, wants wills which leave everything to the surviving spouse and then, upon the death of the survivor, the estate is to be divided among all of their children from their prior marriages.
Practice reminder—ABA Techshow By John T. Phipps General Practice, Solo, and Small Firm, March 2002 Don't forget the ABA Techshow which is being held March 14-16, 2002 at the Sheraton Chicago Hotel & Towers, Chicago, Illinois.
Practice tip—New IRS procedure to obtain employer ID numbers By John T. Phipps General Practice, Solo, and Small Firm, March 2002 As of January 2, 2002 the toll free number to obtain EIN numbers is 866/816-2065.
Revocation of wills: intent is not enough By Donald A. LoBue General Practice, Solo, and Small Firm, March 2002 Cancellation and alteration of wills usually occurs without the benefit of legal advice. An individual wants to change his or her will and marks the original accordingly. Prior to seeing a lawyer, he or she dies.
Local governmental involvement—doing the right right By David Spagat General Practice, Solo, and Small Firm, January 2002 Problem: something is not right in your local community and you want to do something about it.
The effect of public act 92-0136 on the creation of tenancies by the entirety By John G. O’Brien General Practice, Solo, and Small Firm, December 2001 Tenancy by the Entirety became part of Illinois law on October 1, 1990. 765 ILCS 1005/1C as amended.
How far can they go? By David Spagat General Practice, Solo, and Small Firm, December 2001 From time to time the practitioner is consulted with a proposition from a client of long standing as to what that person should do and where might he go to effectively assist in the redress of a situation he witnessed that demanded remedial action for himself or for the victim for which he was concerned.

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