Articles From 2009

Use of trusts in VA pension planning By Steven C. Perlis Elder Law, December 2009 This article is on the use of trusts in qualifying veterans and their survivors or dependents for VA pension benefits. The pension benefit can be helpful in paying for unreimbursed medical costs, and often makes the difference between remaining at home and premature admission into a nursing facility.
Using real-time transcription technology in depositions By Damian Capozzola Corporate Law Departments, December 2009 In civil litigation, depositions serve a variety of ends, including assessing a witness’s personality, information gathering, authenticating documents or extracting admissions for motions practice, grilling a witness to enhance settlement value, and/or preparing for trial cross-examination.
Using title insurance to avoid probate or ancillary administration By Christopher M. Tietz Real Estate Law, January 2009 The author provides a sample Affidavit for Title Insurance that he prepared himself, which can be very useful in both accelerating the closing of an estate and reducing the attendant costs.
Using your BlackBerry in higher gear—from 0 to 60 in four simple steps By Shamla Naidoo Legal Technology, Standing Committee on, October 2009 You probably know somebody that uses a BlackBerry© Smartphone, those useful little devices that have changed our relationship with e-mail forever. These days, few lawyers could survive without one.
The virtual practice: The what and why By R. Andrew Smith Law Office Management and Economics, Standing Committee on, October 2009 The virtual office concept has been around for some time; however, it has not typically been used in the context of practicing law.  
Virtualization and law office computer systems By Alan Pearlman Law Office Management and Economics, Standing Committee on, February 2009 Virtualization is a technology that does present some added variables and complexity, but provides features and tools that change the status quo. It is a technology that the legal industry will surely embrace and use to better our service to our ultimate consumer…the client.
Wallyball: A Section 11 “Recreational” Activity . . . not always By Michelle L. LaFayette Workers’ Compensation Law, December 2009 Webster’s New World Dictionary of American English defines the word “recreation” to mean “refreshment in body or mind, as after work, by some form of play, amusement or relaxation.” ... Recreational activities are therefore those that people use to escape from the pressures of work and everyday life to have fun and relax – exercise, organized sports, etc.
Warning to lessors: You may be a debt collector under the FDCPA By Ryan R. Van Osdol Commercial Banking, Collections, and Bankruptcy, November 2009 Beware! Illinois landlords attempting to collect past-due rent have been defined as “debt collectors” by the Appellate Court of Illinois, Third District.
Watch for upcoming CLE By Hon. Edward J. Schoenbaum Administrative Law, October 2009 We are scheduling a CLE program on Administrative Law in Illinois and will include Municipal Adjudications. It will probably be late February or March at the ISBA Chicago Regional Office.
Web Committee By Patti Gregory-Chang Administrative Law, October 2009 Our Web committee has been working to update our ISBA Administrative Law Web page. We want this to be an essential tool for practitioners. Toward that end we hope to add links to useful Web pages and forms. We are soliciting members’ assistance. If you have an administrative law link or link to a form that is helpful please send it. Forms or agency rules which are up-to-date and not published elsewhere on the Web are also solicited.
What can I be with a J.D.? An Executive Director of the Chicago Volunteer Legal Services Foundation By Anna P. Krolikowska Young Lawyers Division, April 2009 Learn more about Margaret C. Benson, and her career as Executive Director of the Chicago Volunteer Legal Services Foundation.
What can I be with a J.D.? Director of Attorney Recruitment and Professional Development By Anna P. Krolikowska Young Lawyers Division, October 2009 Learn more about Ruta Stropa, Director of the Attorney Recruitment and Professional Development Office of the Illinois Attorney General.
What can I be with a J.D.? Executive Director and Founder of the Special Education Advocacy Clinic at DePaul University Chicago College of Law By Anna P. Krolikowska Young Lawyers Division, February 2009 In this issue we will focus on Nelly Aguilar, Executive Director and Founder of the Special Education Advocacy Clinic at DePaul University College of Law.
The what ifs… Tax reflections By Katarinna McBride Trusts and Estates, September 2009 Once again the estate tax is being used as political leverage rather than being thoughtfully and appropriately revised to reflect the modern dynamics of families and wealth.
What is keeping lawyers awake at night: Asked and answered By John W. Olmstead Law Office Management and Economics, Standing Committee on, June 2009 The author answers some of the questions lawyers frequently ask.
What is the definition of “Commencing legal proceedings” when dealing with the Putative Father Registry? By Kimberly J. Anderson Family Law, March 2009 In the case outlined in this article, the father registered with the Putative Father Registry, and as required by statute, within thirty days of the date that he signed the Putative Father Registry, he “commenced legal proceedings” to establish parentage of his child.
What to expect your first year out By Gina Rossi Young Lawyers Division, December 2009 Many a young law student in Chicago rejoiced last month at the announcement of bar results and after waiting hours and hours for technical difficulties to subside, these former law students join the ranks of the other lawyers in Chicago.
What you need to know about consular notification By Cindy G. Buys International and Immigration Law, January 2009 On Thursday, December 11, 2008, the International and Immigration Law Section Council sponsored an interesting and informative CLE program on consular notification at the ISBA’s Mid-Year Meetings.
What you need to know about consular notification for the defense—What difference can consular notification make? By Scott D. Pollock International and Immigration Law, January 2009 Foreign nationals in the U.S. find themselves in a difficult situation when they are in criminal or immigration proceedings.
When consultants’ opinions are discoverable By Lauryn E. Parks & James F. McCluskey Tort Law, October 2009 The purpose of Illinois Rule 201(b)(3), as well as other comparable rules, is focused on protecting the identity of the consultant in order to encourage the communication of expertise. 
When is 35 days not 35 days under the Administrative Review Law? By J.A. Sebastian Administrative Law, September 2009 Section 3-103 of the Illinois Administrative Review Law (735 ILCS 5/3-101 through 113) provides that “[e]very action to review a final administrative decision shall be commenced by the filing of a complaint and the issuance of summons within 35 days from the date that a copy of the decision sought to be reviewed was served upon the party affected by the decision.”
When is a credit card agreement an oral contract? Portfolio Acquisitions LLC v. Feltman By Hon. Daniel T. Gillespie & Kathilynne Grotelueschen Civil Practice and Procedure, November 2009  In Illinois, where the statute of limitations is ten years for a written contract and five years for an oral contract, one might well think that a credit card agreement would qualify as a written contract because credit cards are generally issued pursuant to a written card member agreement.
Where are they now: A look at former YLD Chair David Thies By Marron Mahoney Young Lawyers Division, April 2009 Find out what former David C. Thies is doing today, nearly 30 years after his term as Chair of the YLD.
Where are they now: An interview with former YLD Chair Franco Coladipietro By Marron Mahoney Young Lawyers Division, June 2009 Find out what Franco Coladipietro has been up to since his term as YLD Chair during the 2002-2003 bar year.
Where have all the clients gone? By Donald E. Weihl Law Office Management and Economics, Standing Committee on, December 2009 Have your clients stopped calling? Is your daily mail just bills?
Where to look for clients and business or employment opportunities By Lewis F. Matuszewich International and Immigration Law, June 2009 In February of 2007 the ISBA’s International and Immigration Law Section Council met at the offices of Illinois Global Partnership. The officers of IGP explained to the Section Council members the activity and background of the organization.  
Who has the right to contest the validity of a voluntary acknowledgment of paternity when dealing with the Putative Father Registry? By Kimberly J. Anderson Family Law, May 2009 A look at the challenges of contesting and amending of a Voluntary Acknowledgment of Paternity in an adoption case.
Why I keep an eye on Lincoln By Hon. Michael B. Hyman Bench and Bar, July 2009 Few historical figures are as enduring or iconic as Lincoln. And fewer still as legendary throughout the world. He has been described as “the indispensable American,” which might somewhat explain his appeal. But it does not explain all of it.
A widow’s penalty: Analyzing the Third Circuit’s decision in Robinson v. Napolitano By Mark Philipp International and Immigration Law, July 2009 According to Immigration and Nationality Act (INA) §201(A)(i), an alien spouse whose citizen spouse dies can only maintain “immediate relative” status if the couple had been married for two years prior to the death.
Win with civility By Sandra Blake Bench and Bar, October 2009 In 2005, the Illinois Supreme Court established the Illinois Commission on Professionalism, making Illinois one of only 14 states that have a formal body working to promote professionalism and civility.