Trial Briefs

The newsletter of the ISBA’s Section on Civil Practice & Procedure

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2025 Articles

Allerton Conference 2025: Exploring the Future of Law with Artificial Intelligence By Mallory P. Sanzeri March 2025 The Illinois State Bar Association’s biennial Allerton Conference is just around the corner, and this year’s theme is one that every legal professional should have on their radar: "Generative Artificial Intelligence – Fact or Fiction: Transforming the Legal Practice." Held from April 2-4, 2025, at the I Hotel & Conference Center in Champaign, IL. Co-hosted by the ISBA Civil Practice and Procedure Section and the ISBA Standing Committee on Artificial Intelligence and the Practice of Law, and sponsored by ISBA Mutual Insurance Company, the conference will feature leading legal scholars, judges, and technology experts discussing the opportunities and challenges AI presents for attorneys.
A Cautionary Tale in the Use of AI in Pleadings By John Holevas June 2025 At the 2025 Allerton Conference focusing on the impact of generative AI in legal practice, Judge Jeffrey A. Goffinet recounted a case where he sanctioned an attorney for citing a fictitious, AI-generated legal case—Hauter v. DeWitt. The case did not exist, and despite multiple opportunities, the attorney failed to acknowledge the mistake until compelled by the court. He later admitted the error stemmed from using an AI tool called "Archie," which mistakenly inserted the false citation. The court fined the attorney $2,000, and Judge Goffinet reported him to the ARDC. The incident underscores the need for lawyers to verify AI-generated content and to take responsibility for errors.
Deepfakes in the Courtroom: Problems and Solutions By George Bellas January 2025 “Deepfakes” are altered or completely fabricated AI-generated images, audio, or video, that are also extremely realistic, making them difficult to discern from reality. In a sense, they’re AI’s version of photoshopping. Lawyers need to educate themselves and their firms on what deepfakes are and how to spot them, develop a healthy skepticism of content they encounter, and question its source. Take nothing at face value, and closely scrutinize details of that content to look for anything inconsistent with reality, such as people with more or less than five fingers.
Employers Beware: GIPA Is Coming for You! By Hon. Joel Chupack March 2025 Just as soon as you were getting a handle on BIPA, along comes GIPA. The Genetic Information Privacy Act became law on January 1, 1998. This was 10 years before the passage of the Biometric Information Privacy Act. Now, 25 years later, GIPA is having its day in the sun. So, why the fuss on GIPA now? There is not one state court appellate decision interpreting GIPA and only a handful of federal court decisions. However, in the past year, at least 20 GIPA lawsuits have been filed in the Circuit Court of Cook County. This article will focus on GIPA in the hiring of employees, as that is where the violations are being asserted.
From Law School to Practice: Civil Litigation Tips for New Plaintiff Lawyers By Avery TenEyck October 2025 A short guide for young attorneys to practicing civil litigation in Illinois, from case intake to trial. 
1 comment (Most recent October 21, 2025)
Highlights from the 2025 Allerton Conference June 2025 The ISBA Allerton Conference: Generative Artificial Intelligence—Fact or Fiction: Transforming the Legal Practice was held April 2-5, 2025, at the I Hotel & Illinois Conference Center in Champaign, Illinois.
Hyman’s Holdings: Knowing When To Stand Firm By Justice Michael B. Hyman October 2025 In his new column, Hyman's Holdings, featured in the Civil Practice & Procedure Newsletter, Justice Hyman explores various topics related to the legal profession. 
1 comment (Most recent October 22, 2025)
ISBA 2025 Solo and Small Firm Conference Photos October 2025 The Illinois State Bar Association hosted the 2025 Solo and Small Firm Conference: The Innovative Lawyer: Smart Strategies for Small Firms in the Age of AI on September 25–26 at the Embassy Suites in Naperville, IL.
LAWPAC Needs You! January 2025 The Illinois Lawyers’ Political Action Committee (LAWPAC) needs your help to fulfill its mission to support the legislative goals of the ISBA and Illinois’ legal community.
New Trial, New Judge? By Jeffrey A. Parness October 2025 A case summary of People v. Class, 2025 IL 129695, and the Illinois Supreme Court's ruling regarding an appellate court's sua sponte order in a postconviction proceeding to remand the matter to a new trial judge. 
Our World Has Changed: Lawyers Face Artificial Super Intelligence By George Bellas August 2025 A look at how artificial intelligence has changed and will be changing the legal field in the coming years. 
Recent False Claims Act Cases Show Trump Administration’s Continued Focus on International Customs and Trade Fraud By Jay Schleppenbach August 2025 International trade has continually been in the news during President Trump’s second administration. From the imposition of tariffs on automobiles and their component parts to the broad reciprocal tariffs announced on Liberation Day and discussions of tariffs on foreign-made films, it is safe to say the landscape of international trade has continually shifted. Beyond these more dramatic moves on the international stage, however, there have been perhaps less visible but no less important signs that the Trump administration is prioritizing compliance with the nation’s customs and trade laws.
The Respondent in Discovery Statute Is a Valuable Tool for Plaintiffs in a Variety of Contexts By Adam Sherman & Marc Sherman June 2025 Illinois attorneys can use Section 2-402 to name individuals or entities as respondents in discovery to gather information before deciding if they should be sued. A recent court ruling, Williams v. McAllister, broadened the statute’s use, allowing respondents to be named even without intent to sue, as long as they may have useful information. This helps lawyers identify proper defendants, especially in complex cases like medical malpractice or nursing home care.
1 comment (Most recent June 26, 2025)
Responding To Work-From-Home Accommodation Requests in a Post-Covid Environment By Josh Heidelman October 2025 In the wake of the pandemic, it may be more difficult for employers to argue remote work is not a reasonable accommodation. Learn more about developing case law on the topic and steps employers can take to strengthen their positions in court. 
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. Burwell By Richard L. Turner, Jr. January 2025 In 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.