Articles From 2006

Are your clients selling estate plans? By Matt Maloney General Practice, Solo, and Small Firm, March 2006 The unauthorized practice of law has been going on forever. It was, and still may be in some areas, common practice for local banks and real estate offices to do “simple” deeds and other legal documents.
Arête and Atticus Finch By J.A. Sebastian Young Lawyers Division, August 2006 Mike Papantonio, who organized the mass tort practice at Levin, Papantonio, Thomas, Mitchell, Eschner & Proctor in Pensacola, Florida, will speak during the kickoff plenary session of the second annual ISBA SOLO AND SMALL FIRM CONFERENCE to be held at the Pheasant Run Resort in St. Charles on Thursday, September 14, 2006.
Article and book reviews By Megan Boan & Whitney Roberts Alternative Dispute Resolution, November 2006 Jerome T. Barret, a United States expert on interest-based methods, and John O’Dowd, a consultant to labor and management organizations in Ireland, write on the widespread adoption of cooperative strategies in negotiations, problem solving, and dispute resolution as an indicator of a country’s maturation in collective bargaining.
Assessing disproportionate minority contact with the Illinois juvenile justice system By Phillip Stevenson Child Law, March 2006 Minority youth are very much in the majority when it comes to being arrested and incarcerated, according to an assessment of minority overrepresentation in Illinois’ juvenile justice system.
Asset, income or market approach—Which is the best choice? By Robert F. Filotto Business Advice and Financial Planning, March 2006 One of the first critical steps in any Business Valuation is the selection of the proper Valuation Approach.
Assignability of special use permits By Gary R. Gehlbach Real Estate Law, October 2006 In the counties and municipalities in which I practice, it is routine for many property uses to be permissible uses under a certain zoning classification, provided that the governing body grants a special use permit.
Assistance with the Medicare D prescription drug program—Representatives and agents under Power of Attorney By Michael H. Erde Elder Law, February 2006 Beginning November 15, 2005 Medicare recipients were eligible to enroll in the new Medicare Part D, the prescription drug program.
Attorney FAQs of the Minimum Continuing Legal Education Board of the Supreme Court of Illinois Child Law, September 2006 These FAQs* constitute guidance from the Minimum Continuing Legal Education Board of the Supreme Court of Illinois (“MCLE Board”) and will guide the operations of the Board and its office. These FAQs are subject to change from time to time and without notice.
Attorney General issues opinions By Lynn Patton Government Lawyers, December 2006 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2005 Supp.)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Attorney General issues opinions By Cynthia I. Ervin & Lynn Patton Government Lawyers, June 2006 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2004)), the Attorney General is authorized, upon request, to furnish written legal opinions to State officers and State’s Attorneys on matters relating to their official duties.
Attorney General issues opinions affecting units of local government By Lynn Patton Local Government Law, April 2006 Under section 4 of the Attorney General Act (15 ILCS 205/4 (West 2004)), the Attorney General is authorized, upon request, to give written legal opinions to state officers and state’s attorneys on matters relating to their official duties.
Attorney questionnaire Agricultural Law, January 2006 Please complete this questionnaire so we can better serve you.
Attorneys’ pleas for fees pays off By Cameron B. Clark Workers' Compensation Law, January 2006 In Alvarado v. Industrial Commission, the Illinois Supreme Court, in a decision delivered by Justice Thomas, addressed the issue of whether the Commission may award attorney fees to a claimant’s former attorney several months after the Commission approved a settlement between the claimant and his employer.
Attorney’s retaining lien, circa 1889 By John B. Kincaid Civil Practice and Procedure, March 2006 Contrary to the popular misconception of many attorneys and judges, including this writer, Illinois has, since 1889, recognized and enforced the right of an attorney to retain his physical file until the client has paid for his services. 
Avoiding the appearance of impropriety: With great power comes great responsibility By Cynthia Gray Bench and Bar, April 2006 Judges must demonstrate their commitment to maintaining public confidence in the integrity and impartiality of their decisions by considering how the public might reasonably view their conduct.
Back-up basics By Nerino J. Petro Legal Technology, Standing Committee on, August 2006 Until recently, magnetic tape drives were the back-up media of choice due to their reliability, low cost for the amount of data stored and wide availability.
The Bankruptcy Abuse Prevention and Consumer Act of 2005 and its impact on seniors By Roza Gossage Elder Law, February 2006 The U.S. Congress has drastically revised the procedures and rules relating to the filing and discharge of a debtor in bankruptcy.
Bankruptcy law and family court By Hon. Barbara Crowder Bench and Bar, September 2006 “I’m a state court judge (or lawyer). I don’t need to know no ‘stinkin’ federal law!”
Bankruptcy may sound death knell for subsequent civil action By Michael J. Marovich Commercial Banking, Collections, and Bankruptcy, November 2006 A potential client comes to your office to discuss a possible new civil case that he seeks representation on.
Bankruptcy may sound death knell for subsequent civil action By Michael J. Marovich Civil Practice and Procedure, September 2006 A potential client comes to your office to discuss a possible new civil case. He tells you that he wishes to file a civil matter seeking money damages against some person or company and asks if you will handle it for him.
Be careful what you file with the Court By Alfred M. Swanson, Jr. Bench and Bar, June 2006 Below (with omissions not noted) is an order the Hon. Leif M. Clark, United States Bankruptcy Judge for the Western District of Texas, entered recently in an adversary proceeding before him: Order denying motion for incomprehensibility.
Benefits slip away from claimant By Carol A. Cesaretti Workers' Compensation Law, September 2006 The First District of the Illinois Appellate Court held that claimant’s slip and fall in the employee bathroom did not arise out of her employment. First Cash Financial Services v. Industrial Comm’n, 2006 WL 2072314 (1st Dist.).
Better visuals via brainstorming By Greg Krehel Legal Technology, Standing Committee on, May 2006 Two things we all recognize about demonstrative evidence: it’s potent and it’s expensive.
Beware of putting attorney-client communications at issue or face waiver of privilege By Kathryn R. Hoying Civil Practice and Procedure, January 2006 In Lama v. Preskill, 353 Ill. App. 3d 300, 818 N.E.2d 443 (2nd Dist. 2004), the Second District Appellate Court affirmed the trial court’s judgment that certain contested documents were not protected by the attorney-client privilege, but reversed the trial court’s contempt order entered against plaintiff and her attorney for refusal to tender the contested documents to opposing counsel.
Bill status report (Section Council action as of 11/28/05) By Stephen Olson Commercial Banking, Collections, and Bankruptcy, January 2006 Recently introduced legislation of interest.
Bill status report: Section Council Action as of 09/22/06 Commercial Banking, Collections, and Bankruptcy, October 2006 Recent legislation of interest.
Book review By Heather M. Fritsch Young Lawyers Division, December 2006 A review of <i>The Hearing</i> by John Lescroart.
Book review By Heather M. Fritsch Young Lawyers Division, October 2006 “I would remind the reader of this book that we only have a life estate in the profession. We are obligated to improve the remainder for those who follow us.”
Book review By Heather M. Fritsch Young Lawyers Division, August 2006 In this novel, Scott Turow shows us the main character from his previous novel, Sandy Stern. Stern is a middle-aged defense attorney who has worked his way up from a struggling new lawyer to a successful, respected attorney.
Book review By Heather M. Fritsch Young Lawyers Division, June 2006 Although Jodi Picoult’s biography states that she has an A.B. in creative writing and a master’s degree in education, it is hard for me to believe that she is not writing from experience as a practicing attorney.

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