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Bench & Bar
The newsletter of the ISBA’s Bench & Bar Section Council

Browse articles by year: 2018 (24) 2017 (81) 2016 (49) 2015 (41) 2014 (37) 2013 (53) 2012 (46) 2011 (34) 2010 (51) 2009 (52) 2008 (42) 2007 (25) 2006 (33) 2005 (34) 2004 (43) 2003 (41) 2002 (29) 2001 (23) 2000 (35) 1999 (37)

Newsletter Articles From 2018

2018 ISBA high school mock trial invitational April 2018 The 2018 ISBA High School Mock Trial Invitational was held March 24-25 at the University of Illinois College of Law in Champaign, with participating teams representing 39 schools from across Illinois. 
ABA considers modifying model rules on attorney advertising By Edward Casmere January 2018 The rules controlling how lawyers communicate with the public may be in for an overhaul.
The ARDC’s proactive program for better practice management By Deane B. Brown February 2018 In accordance with the January 2017 amendments to Illinois Supreme Court Rule 756(e), effective January 1, 2018, Illinois became the first state in the country to adopt a mandatory program for all lawyers in private practice who do not maintain legal malpractice insurance, in order to register for 2019.
Bicentennially speaking… By Hon. Barbara Crowder February 2018 Suggested websites and resources to help you learn more about Illinois' bicentennial.
A call for written admonishments in criminal cases By Evan Bruno February 2018 The typical practice of orally delivering admonishments to a lay defendant ignores the glaring reality that virtually no human being—whether lay person or lawyer—is capable of retaining and recalling detailed information after hearing it only once. So why do the criminal courts indulge in this fantasy when such important rights are at stake?
The Code of the Order of the Brethren By Hon. Brian R. McKillip February 2018 A recent decision by the appellate court is an opportunity to re-examine how closely the Rules of Professional Conduct resembles this fictional pirate code.
Dealing with pro se litigants: A judge’s dilemma By Raymond J. McKoski January 2018 Canon 3(A)(4) of the Illinois judicial code permits judges to “make reasonable efforts, consistent with the law and court rules, to facilitate the ability of self-represented litigants to be fairly heard.” Does this provision help Illinois judges decide whether to intervene in a proceeding in which only one party has an attorney?
Defendants dismissed without prejudice can be named as respondents in discovery By Tal C. Chaiken May 2018 The Illinois Appellate Court, Second District, recently joined the First District in holding that a plaintiff may use the respondent in discovery statute to name a person who has already been dismissed as a defendant in the same case.
Illinois celebrates 200 years of statehood in 2018 By Christine Zeman February 2018 A brief overview of Illinois' rich history. 
A lesson in the ethics of social media By Deane B. Brown April 2018 Social media creates new ethical concerns for attorneys and judges, yet there is little case law to provide guidance on appropriate usage. 
Making the record By Hon. Kevin T. Busch February 2018 While the reporter has a duty to take down all that is said, the true burden of making a record rests with us, the judges and attorneys. So what can we do to make a better record?
Mandatory e-filing is just around the corner—A good cause exemption exists for those who need it By Hon. Mary Kay Rochford January 2018 Illinois Supreme Court Rule 9(c) (eff. Dec. 13, 2017), exempts certain documents from e-filing and includes a good cause exemption in subsection (4). On December 13, 2017, the Illinois Supreme Court amended Rule 9(c)(4), to define the nature of “good cause” and detail the procedures for obtaining such an exemption.
A new federal rule of criminal procedure is likely on the way, but will it affect practice in Illinois federal courts? By Eli Litoff and Kelly Warner April 2018 While the production of electronically stored information has become the norm in civil litigation, many criminal defense attorneys believe that the Federal Rules of Criminal Procedure have lagged behind and provide insufficient guidance.
Personal injury plaintiff cannot rely solely on expert opinion to create a question of fact on proximate causation By Stephanie Jones January 2018 Allen v. Cam Girls, LLC d/b/a Jazzercise Glenview, et al. is consistent with the long line of Illinois jurisprudence holding that a personal injury plaintiff bears the burden of proof on proximate causation, and speculation, conjecture, and guesswork are not sufficient to raise genuine issues of material fact on that element.
A preliminary review of the Mandatory Initial Discovery Pilot Program By Mariangela Seale and Sarah Finch February 2018 With over half a year of the pilot program behind us, a review of the nuts and bolts of the MIDPP and a look at its practical application are in order.
Recent appointments and retirements May 2018 Recent changes to Illinois' Judiciary.
Recent appointments and retirements April 2018 Recent changes to Illinois' Judiciary.
Recent appointments and retirements February 2018 Recent changes to Illinois' Judiciary.
Recent appointments and retirements January 2018 Recent changes to Illinois' Judiciary.
Reliability is the paramount concern: People v. Ernsting By Brad L. Badgley April 2018 When it comes to the administration of a breath test, the Illinois Supreme Court has emphasized reliability of the results is of paramount concern.
Returning to the fray after discharge By Michael G. Cortina January 2018 The “return to the fray” doctrine is a little-known theory that could result in harsh consequences for debtors that receive a discharge in bankruptcy, but choose to continue litigating post-discharge against creditors or other entities.
Theresa Gronkiewicz assigned to ABA Commission on Lawyer Assistance Programs May 2018 ABA Senior Counsel Theresa ("Terri") Gronkiewicz has been assigned to staff the ABA Commission on Lawyer Assistance Programs.
The thousand-foot rule By E. Kenneth Wright, Jr. February 2018 The Illinois Supreme Court recently issued a seminal ruling examining the constitutionality of the Illinois statute addressing the crime of unlawful use of weapons within 1,000 feet of a public park.
Upholding or striking consumer mandatory arbitration clauses—What is the current trend? By David W. Inlander and Deborah Jo Soehlig February 2018 Recent cases, and the revocation of the CFPB rules limiting arbitration provisions in consumer contracts, continue the growing trend to remove many types of cases from the traditional litigation arena, when arbitration was contracted for between the parties.