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Newsletter articles from 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
The Illinois Supreme Court has held that the amendment to the Illinois Nursing Home Care Act which repealed the Act's treble damages provision, and limited recovery for violations of the Act to actual damages, costs, and attorney fees, is to be applied retroactively.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
Supreme Court Rule 239 has been amended effective January 1, 1999, to add the following language:
Computer buying checklist July 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.
Contesting a suspension for possession or use of a fake driver’s license
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
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
Following are all of those cases from the September 9, 1998, advance sheets to February 9, 1999.
Driving relief—explaining those arrests …
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.
ISBA President Cheryl I. Niro has proclaimed the theme of her bar year as the "Lawyer as Healer."
Estate planning for retirement benefits (with Resource List)
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.
Family law update
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
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
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
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
We usually associate audits with accountants and the IRS, but in recent years legal audits have become a relatively common business tool.
A recent legal malpractice case was favorable for counsel, who had represented a convicted defendant.