Child Support in Illinois—Multiple Answers to a Single QuestionBy Nancy Chausow ShaferRural Practice, April 2025This article discusses allocation of the dependent tax exemption and designation of the majority-time parent—two tax-related choices often misunderstood and used incorrectly.
Thirteen Red Flags for Spotting Problem ClientsBy Matthew BensonRural Practice, April 2025The purpose of this article is to provide a list of “red flags:” the phrases that problematic or regrettable clients say or make reference to in initial consultations, so that they can be spotted early and encouraged to find counsel more suited to their disposition. If a client exhibits any of the following, it might be wise to question the wisdom of allowing them to hire you.
An Update from the ChairBy Angel WawrzynekRural Practice, April 2025A message from the chair regarding recent section council activity.
The Use of a Police Report at Trial to Refresh the Recollection of an Investigating Officer and the Application of the Hearsay Rule and the Exceptions: Capsel v. BurwellBy Richard L. Turner, Jr.Rural Practice, April 2025In analysis of Capsel v. Burwell, 2024 IL App (3d) 230170. In this case, the truth and accuracy of the officer’s report could not be established in that he did not witness the collision and could not identify who provided the statements. The officer’s testimony lacked the necessary foundation and was inadmissible under the past recollection recorded exception, or any other exception, to the hearsay rule. The appellate court then found that the trial court’s act of admitting the statements in the report into evidence constituted reversible error meriting a new trial.
24 Legal Practice TipsBy Colleen L. SahlasRural Practice, January 2025Tips learned from 24 years in legal practice of interest to trusts & estates practitioners.
Statutory Amendments Affecting the Illinois Power of Attorney for Property – Boon or Bane for Estate Planning Attorneys?By Mia O. Hernandez & Jennifer Bunker SkerstonRural Practice, January 2025Recently, lively discussion ensued among estate planning practitioner members of the Trusts and Estates Section on the ISBA Central Community discussion board regarding Public Act 103-0994, effective January 1, 2025, which amends the Illinois Power of Attorney Act to add and describe unreasonable and reasonable causes for a third party to refuse to honor powers of attorney for property. The impetus for the Act’s amendment was to redress the perceived problem that it is not uncommon for third parties to unreasonably reject powers of attorney for property.
The Corporate Transparency Act: A New Era of Business AccountabilityBy Nikhil A. MehtaRural Practice, October 2024The Corporate Transparency Act, which aims to enhance transparency among business entities by combating illicit financial activities and bolstering efforts by the federal government to prevent money laundering and other financial crimes, went into effect on January 1.
Guilty Pleas Following People v. WellsBy Hon. Randy RosenbaumRural Practice, October 2024The Illinois Supreme Court considered whether a defendant is entitled to additional jail credit after a negotiated plea in People v. Wells.
A Rural Practitioner’s Plea for ActionBy Lindy A. GieslerRural Practice, October 2024While rural Illinois was once the home to a greater number of legal practitioners and law firms, these firms have struggled in recent years to attract new attorneys that are willing to take positions in rural areas.
Two Wrongs Do Not Make a Right: Illinois Adopts the ‘Partial Breach’ DoctrineBy Ronald D. Menna, Jr.Rural Practice, October 2024Illinois follows the “first-to-breach" rule, which holds a material breach of a contract provision by one party may be grounds for releasing the other party from its contractual obligations.
Welcome to the Rural Practice SectionBy Angel WawrzynekRural Practice, October 2024The Rural Practice Section Newsletter is intended to circulate articles and information from the various sections addressing substantive legal updates as well as addressing law practice management and other topics of interest to general rural practitioners.
