Are your clients selling estate plans?By Matt MaloneyGeneral Practice, Solo, and Small Firm, March 2006The 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 FinchBy J.A. SebastianYoung Lawyers Division, August 2006Mike 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 reviewsBy Megan Boan & Whitney RobertsAlternative Dispute Resolution, November 2006Jerome 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.
Assignability of special use permitsBy Gary R. GehlbachReal Estate Law, October 2006In 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.
Attorney General issues opinionsBy Lynn PattonGovernment Lawyers, December 2006Under 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 opinionsBy Cynthia I. Ervin & Lynn PattonGovernment Lawyers, June 2006Under 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 governmentBy Lynn PattonLocal Government Law, April 2006Under 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 questionnaireAgricultural Law, January 2006Please complete this questionnaire so we can better serve you.
Attorneys’ pleas for fees pays offBy Cameron B. ClarkWorkers' Compensation Law, January 2006In 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 1889By John B. KincaidCivil Practice and Procedure, March 2006Contrary 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.
Back-up basicsBy Nerino J. PetroLegal Technology, Standing Committee on, August 2006Until 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.
Bankruptcy may sound death knell for subsequent civil actionBy Michael J. MarovichCivil Practice and Procedure, September 2006A 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 CourtBy Alfred M. Swanson, Jr.Bench and Bar, June 2006Below (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 claimantBy Carol A. CesarettiWorkers' Compensation Law, September 2006The 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 brainstormingBy Greg KrehelLegal Technology, Standing Committee on, May 2006Two 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 privilegeBy Kathryn R. HoyingCivil Practice and Procedure, January 2006In 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.
Book reviewBy Heather M. FritschYoung Lawyers Division, December 2006A review of <i>The Hearing</i> by John Lescroart.
Book reviewBy Heather M. FritschYoung 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 reviewBy Heather M. FritschYoung Lawyers Division, August 2006In 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 reviewBy Heather M. FritschYoung Lawyers Division, June 2006Although 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.