Part 1: Reciprocal or mutual wills—implied consequencesBy Timothy E. DugganGeneral Practice, Solo, and Small Firm, March 2002A 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 TechshowBy John T. PhippsGeneral Practice, Solo, and Small Firm, March 2002Don't forget the ABA Techshow which is being held March 14-16, 2002 at the Sheraton Chicago Hotel & Towers, Chicago, Illinois.
Revocation of wills: intent is not enoughBy Donald A. LoBueGeneral Practice, Solo, and Small Firm, March 2002Cancellation 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 rightBy David SpagatGeneral Practice, Solo, and Small Firm, January 2002Problem: something is not right in your local community and you want to do something about it.
How far can they go?By David SpagatGeneral Practice, Solo, and Small Firm, December 2001From 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.
The Illinois Supreme Court holds that the operation of an uninsured motor vehicle is an absolute liability offenseBy Michele M. JochnerGeneral Practice, Solo, and Small Firm, December 2001In People v. O'Brien, 197 Ill. 2d 88 (2001), the Illinois Supreme Court addressed the question of whether the General Assembly intended that the State, in order to convict an individual for operating an uninsured vehicle, must establish that the driver had knowledge that the vehicle was not insured.
Reported cases consider service by special order of courtBy Dawn R. HallstenGeneral Practice, Solo, and Small Firm, December 2001Under 735 ILCS 5/2-203.1, a plaintiff may seek leave of the court to serve the defendant by special order of court if the plaintiff has diligently but unsuccessfully attempted to serve the defendant personally or by abode service.
Which costs incurred by plaintiffs are recoverable?By Patrick J. HitpasGeneral Practice, Solo, and Small Firm, December 2001If you represent plaintiffs or defendants, or both, you may get varying results in Illinois regarding which costs incurred by plaintiff are recoverable after trial.
Practice pointer: a release is not enoughBy Babette L. BrennanGeneral Practice, Solo, and Small Firm, November 2001The case of Blutcher v. EHS Trinity Hospital, 321 Ill.App.3d 131, 746 N.E.2d 863, 254 Ill.Dec. 106 (1st Dist. 2001) serves as an unpleasant reminder of just how careful lawyers must be.
Chairperson’s cornerGeneral Practice, Solo, and Small Firm, October 2001Solo and small firm lawyers are encountering more and more situations where their clients are involved with business, real estate and other matters in more than one state.
Computer updateGeneral Practice, Solo, and Small Firm, October 2001Lexis is now offering unlimited access to Illinois cases, Illinois statutes annotated and more on its Web site for $10 per month.
Criminal law “It’s deja vu all over again”By Matt MaloneyGeneral Practice, Solo, and Small Firm, October 2001I'm not certain if Yogi Berra made this statement. In thinking about this often-cited quote, I was reminded of the correlation between baseball and drug sniffing dogs. In ruling on the reliability and admissibility of "dog sniff" testimony a noted jurist commented, "a .700 average in baseball would be admirable but I'm not so sure that's an acceptable average for a drug sniffing dog."
Motion to vacate default 2-1301: the floating standardBy Patrick F. ClearyGeneral Practice, Solo, and Small Firm, October 2001Under what standards can a judge deny a motion to vacate a default filed within 30 days of the entry of judgment?
Chairperson’s cornerGeneral Practice, Solo, and Small Firm, September 2001Change is the only real constant in our profession. While lawyers like to think of themselves as stayed in precedents and the law evolves slowly and methodically that is not really the case in modern America.
Patient beware! Part IIBy David K. HarrisGeneral Practice, Solo, and Small Firm, September 2001Under the fraudulent concealment doctrine, the statute of limitations will be tolled if the Plaintiff pleads and proves that fraud prevented discovery of a cause of action.
Special use zoning and comprehensive plansBy Terrence M. MadsenGeneral Practice, Solo, and Small Firm, September 2001The Illinois Supreme Court has issued an important reminder to municipalities concerning the need for following through on comprehensive plans with appropriate zoning modifications in the opinion in City of Chicago Heights v. Living Word Outreach Full Gospel Church and Ministries, Inc., No. 87101, (March 22, 2001).
Taxes for the general practitionerBy Thomas F. HartzellGeneral Practice, Solo, and Small Firm, September 2001Every member of our firm does income taxes and three members do Federal and State of Illinois estate tax returns.
Chairman’s cornerGeneral Practice, Solo, and Small Firm, June 2001As my term as Chairman of General Practice, Solo & Small Firm Section Council ends, I would like to acknowledge and thank a few people on the council for their outstanding contributions during the past year.
Computer update—Windows 95 retired by MicrosoftBy John T. PhippsGeneral Practice, Solo, and Small Firm, June 2001Microsoft Corporation announced in February that it was retiring Windows 95.
Disclose your opinion witness even when your opponent doesn’t askBy Babette L. BrennanGeneral Practice, Solo, and Small Firm, June 2001Opinion witnesses and what information has to be disclosed pursuant to Supreme Court Rule 213(g) is the bane of every trial attorneys existence.
Editor’s columnGeneral Practice, Solo, and Small Firm, June 2001Recently, John and I attended the 7th Annual Newsletter Editors Conference in Chicago.
Practice tip: preparation of client for deposition—patient beware! Part IBy David K. HarrisGeneral Practice, Solo, and Small Firm, June 2001In Wilson v. Devonshire Realty of Danville, 241 Ill. Dec. 129, 718 N.E. 2d 700 (Ill. App. 4th Dist. 1999), the Defendant's Motion for Summary Judgment was granted and affirmed.
