1999 Articles

Newsletter editors’ corner By John T. Phipps August 1999 This issue of the General Practice, Solo and Small Firm Section newsletter contains three articles relating to representing clients with licensing problems

No cause of action exists under the Consumer Fraud Act against an attorney for charging excessive fees for legal services By Angela Imbierowicz March 1999 The lllinois Supreme Court has held that the Consumer Fraud Act does not apply to a claim against an attorney for charging excessive fees.

No lien on employee’s legal malpractice recovery By Bernard Wysocki & Diane B. Curtis March 1999 The appellate court held that employer was not entitled to a §5(b) lien against proceeds of an employee's suit against his attorney for failure to file a third-party action.

Protecting your client from their own insurance carrier By G. Bradley Hantla & Christopher (Kit) Bradley Hantla November 1999 Imagine the following scenario. A client comes to see you who has just been involved in a serious automobile accident.

Questions about recent changes in paternity establishment By Ann B. Conroy March 1999 Hailed in some sectors as a genuine breakthrough for fathers' rights, the recent changes made to the Parentage Act by Public Act 90-0715, signed by Governor Edgar in August of 1998, to be effective immediately, have perhaps created more confusion than clarity.

Recent legislative developments By Michele M. Jochner October 1999 Significant changes in Illinois law have occurred as a result of new legislation which has been recently enacted.

Reflection after 40 years By James J. Elson January 1999 May 23, 1957, is the date when I was admitted to the bar. For most of the 40 years since, I have been privileged to be a general practitioner which in my opinion is the essence of real lawyering.

Representing a physician subject to disciplinary action by the Illinois Department of Professional Regulation By Michael K. Goldberg August 1999 The Illinois Department of Professional Regulation (IDPR) oversees the Illinois statutes that govern the licensure and discipline of professional and occupational groups.

Requirements for real estate title insurance extended coverage By James F. Dunneback November 1999 Many general practitioners come across the term "extended coverage" in residential real estate transactions.

Revestment By Leonard Murray February 1999 No doubt it is the common perception that once a dismissal for want of prosecution ("dwp") is entered in an action, unless otherwise vacated by order of court, it divests a court of jurisdiction of that action.

Revised DUI penalty guide By Chris E. Freese March 1999 The following DUI penalty guide was originally published in this newsletter in June 1996.

Revisiting the causation requirement with respect to the admissibility of a prior physical condition; otherwise known as, the “Same Part of the Body Rule” By Edna Turkington-Viktora March 1999 In Illinois, the general rule with respect to cross-examining a plaintiff about a previous physical condition or injury is known as the "Same Part of the Body Rule."

Seven steps toward “nanny tax” compliance By Richard M. Colombik & Cary R. Rosenthal February 1999 In June 1993, most observers pegged Stephen Breyer as the odds on favorite for appointment to the Supreme Court seat vacated by Justice Byron White.

The Seventh Circuit issues a “warning to lawyers” concerning service time limits in Troxell v. Fedders of North America, Inc. By Michele M. Jochner February 1999 Federal Rule of Civil Procedure 4(d) provides that, "[t]o avoid costs, the plaintiff may notify ... a defendant of the commencement of [an] action and request that the defendant waive service of a summons."

Supreme Court Rule 219(e)—Plaintiff beware; defendant, too By Babette L. Brennan March 1999 A party shall not be permitted to avoid compliance with discovery deadlines, orders or applicable rules by voluntarily dismissing a lawsuit.

Timing is everything By Bernard Wysocki October 1999 Recently the 5th District Appellate Court held that a Circuit Court properly denied a plaintiff's motion to rescind a settlement agreement between the plaintiff and his employer in which the plaintiff and employer satisfied an employer's lien against the proceeds of a plaintiff's legal malpractice suit.

To get the job done By David Spagat January 1999 You are an environmentalist. Your group has very important legislation to be proposed to Congress.

Top 10 tips for the new general practitioner By Michael A. Hall March 1999 Those of us from general practice firms have a distinct advantage over our colleagues who concentrate in one or two areas of the law; namely, they need us more often than we need them

Trial objections at a glance January 1999 Asks Juror to Prejudice Evidence

UPDATE CENTRAL March 1999 Intel has introduced the Pentium III computer with a 500 megahertz processor chip.

U.S. Supreme Court clarifies issues concerning automobile searches – Knowles v. Iowa and Wyoming v. Houghton By Michele M. Jochner August 1999 During its 1998-1999 term, the United States Supreme Court reviewed important yet unresolved issues regarding automobile searches and seizures.

Using 735 ILCS 5/2-203.1 service by special order of court By Dawn R. Hallsten November 1999 When a defendant attempts to evade service or a defendant moves without a forwarding address and cannot be located, a plaintiff has the option to move for leave to serve the defendant under section 203.1.

General Practice, Solo & Small Firm

1999 Articles