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1999 Articles

Attorney fees and the Rules of Professional Conduct By Chris E. Freese January 1999 This article reviews the provisions of the Illinois Rules of Professional Conduct as they pertain to attorney fees.
Bad things come in small packages By Michael A. Hall February 1999 My wife often reminds me that "good things come in small packages."
Chairperson’s corner October 1999 Well, the summer is over and it's "back to work."
Chairperson’s corner By Gilda Hudson-Winfield August 1999 I am both humbled and proud to serve as chair of the General Practice, Solo and Small Firm Section Council of the Illinois State Bar during its 123rd year
Civil practice update By Patrick J. Hitpas October 1999 The Illinois Supreme Court has held that the amendment to the Illinois Nursing Home Care Act which repealed the Act's treble damages provision, and limited recovery for violations of the Act to actual damages, costs, and attorney fees, is to be applied retroactively.
Civil Practice Update By Patrick J. Hitpas March 1999 Supreme Court Rule 239 has been amended effective January 1, 1999, to add the following language:
Computer buying checklist July 1999 August 1999 UPS -Uninterruptable Power Supply which includes surge protection is recommend for each of the above computers because unstable power and power surges can damage the computer and cause data loss.
Computer price drops and improved performance increase law office options By John T. Phipps October 1999 We live in a time when savvy solo and small firm lawyers who grasp the potential of changing computer technology can compete with large firms and deliver high quality services in innovative ways.
Contesting a suspension for possession or use of a fake driver’s license By Chris E. Freese August 1999 The Illinois Vehicle Code provides in section 6-206 (a)(10) that: "The Secretary of State is authorized to suspend or revoke the driving privileges of any person without preliminary hearing upon a showing of the person's records or other sufficient evidence that the person has possessed, displayed, or attempted to fraudulently use any license, identification card, or permit not issued to the person."
Criminal law practice tips By Matt Maloney October 1999 Lawyers, present company included, seem to forget ongoing admonitions from the Supreme Court when dealing with routine situations. While this may be a case of the "we always do things that way" attitude, the cost to the system continues to rise.
Criminal Law Update By Matt Maloney March 1999 Following are all of those cases from the September 9, 1998, advance sheets to February 9, 1999.
C.T.A. passengers, look before you leap! An overview of liability in tort concerning bus riders. By Edna Turkington-Viktora October 1999 The Illinois Constitution of 1970 abolished sovereign immunity in Illinois, permitting a local governmental unit's liability in tort "except as the General Assembly may provide by law."
The discipline of athletes in public school: How much process is due? By William D. Stiehl, Jr. March 1999 A talented student athlete in a local public high school is suspected of drinking beer, which is in violation of the school's code of conduct.
Domestic violence orders of protection: What both civil and criminal practitioners need to know By Gina L. Maus January 1999 Whether the nature of your law practice is largely civil, criminal or a combination of both, it is likely you have been introduced to the Domestic Violence Order of Protection.
Driving relief—explaining those arrests … By David K. Harris & Robert Barewin August 1999   A common basis for denial of driving relief by the Illinois Secretary of State is a finding that the driver's claimed "typical pattern of drinking" is inconsistent with multiple arrests. The following letter from the evaluator is a good example of how to address such finding at the next hearing.
Editor’s corner By John T. Phipps November 1999 ISBA President Cheryl I. Niro has proclaimed the theme of her bar year as the "Lawyer as Healer."
Effective waiver of beneficial interests and expectancies in judgment of dissolution of marriage By Timothy E. Duggan February 1999 There are a number of cases in which a party fails to change his beneficiary designations after dissolution of marriage, leaving an ex-spouse as the designated beneficiary of life insurance, pension plan, or other asset.
Employer to pay §5(b) attorney fees in employee’s tort action against third party By Bernard Wysocki & Diane B. Curtis February 1999 The Illinois Supreme Court held employer obligated to pay full amount of plaintiff's attorney fees pursuant to §5(b) unreduced by amount employer obligated to pay in contribution in a third-party tort action.
Estate planning for retirement benefits (with Resource List) By Robert H. Louis January 1999 In the 20-plus years since the enactment of the Employee Retirement Income Security Act, 29 U.S.C. §1001 et seq. ("ERISA"), the level of assets in pension and profit-sharing plans and individual retirement accounts has risen steadily.
Even wills written before the marriage are revoked by the “revocation by divorce” provision of the probate code! By Steven L. Nordquist October 1999 Once upon a time, a man was in love with a woman.
Family law update By John H. Maville November 1999 In IRMO Mathias, 304 Ill.App.3d 326, 237 Ill.Dec.525, 709 N.E.2d 994, we are reminded that §510(a) limits retroactive modification of child support to only those installments accruing after the date of filing of the petition for modification.
Family Law Update By John H. Maville March 1999 Effective June 30, 1998, Public Act 90-608 amended several sections of the Children and Family Services Act, the Juvenile Court Act of 1987, and other provisions.
Family law update By John H. Maville February 1999 IMDMA § 503 has been amended, effective 7/1/99, by adding paragraph (2) to subsection (f) to provide that all pension benefits (including those under the Illinois Pension Code) acquired by either spouse after the marriage and before dissolution are presumed to be marital property. (P.A. 90-731)
Finding higher ground in the law By Paula A. Franzese January 1999 Mindful of the significant malaise felt by many practitioners, the following principles offer guidance and hope for the restoration of our craft and ourselves.
The good audit By Karen Johnson Guilde November 1999 We usually associate audits with accountants and the IRS, but in recent years legal audits have become a relatively common business tool.
Helpful aides to the practitioner preparing estate and gift tax returns By Donald A. LoBue March 1999 I recommend two publications and CCH's Performance Plus II to those general practitioners who do not prepare estate and gift tax returns on a regular basis.
Illinois Supreme Court voids search after traffic stop detention By Matt Maloney August 1999 On June 17, 1999, the Illinois Supreme Court issued its opinion in People v Brownlee, N.E.2d ,
Joinder of pending claims for injuries due to two or more accidents By Timothy E. Duggan August 1999 It is not uncommon to have a personal injury client who is injured in a second accident, or even a third accident, while the first claim is pending.
Legal malpractice By Michael Adkins January 1999 A recent legal malpractice case was favorable for counsel, who had represented a convicted defendant.
Newsletter editor’s corner October 1999 Congratulations to Chris Freese, Vice-Chair of General Practice, Solo and Small Firm Section Council.