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Newsletter articles from 2002
Ante-nuptial isn’t nuptial
An ante-nuptial agreement does not enjoy the traditional disclosure privileges associated with marital communications according to the Third District's recent opinion in In rel. Puterbaugh v. Puterbaugh, 3-01-0292 (2/14/02).
ISBA's President Tim Eaton and the ISBA Board have gone on record to again advocate for changing the Supreme Court rules to permit the sale of a solo practice.
The Illinois Supreme Court has established a special committee on Lawyers Civility to seek "appropriate ways to promote civility, as the norm, within the legal profession."
One of the more difficult jobs of becoming the chair of an ISBA section is getting your chairman's article in to your editors in a timely fashion so you don't delay the publication of the newsletter.
This has been an eventful year for the ISBA General Practice, Solo and Small Firm Section. Much of the credit for what the section has worked on and accomplished this year is due to ISBA President, Tim Eaton.
If memory serves me correctly, the annual attorney's registration fee we pay was to help offset the cost of the Attorneys Registration and Disciplinary Commission.
ISBA president Tim Eaton has appointed a Special Committee on the Transfer of a Law Practice.
Divorce law issues:
In 1991, the Illinois Supreme Court in In re Marriage of Zells (1991), 143 Ill.2d 251, 157 Ill.Dec. 480, 572 N.E.2d 944, addressed the issue of the division of the goodwill value of a law practice in a dissolution of marriage proceeding.
Who says you can't teach old dogs new tricks? Ever since I bought the first computer for my desk 20 years ago, I have followed the recommended pattern of buying myself an updated, faster computer about every 18 months to two years, depending on the costs and the nature of the computer advancements.
The Solo Practice Transfer Committee has developed and submitted a draft rule for comments from the ISBA Members.
The future of grandparent visitation post-Wickham v. Byrne
Now that the Illinois Grandparent Visitation Act, 750 ILCS 5/607 (b) (1) and (3), has been held facially unconstitutional by the Illinois Supreme Court in the case of Wickham v. Byrne, 99 Ill. 2d 309; 769 N.E.2d 1, there has been much debate as to how (or indeed if) a new third-party visitation statute should be drafted.
Part 1: Reciprocal or mutual wills—implied consequences
A simple and common request can have significant consequences which may be unintended: a married couple, each with children from prior marriages, wants wills which leave everything to the surviving spouse and then, upon the death of the survivor, the estate is to be divided among all of their children from their prior marriages.
Part 2: Reciprocal or mutual wills—implied consequences
In a previous issue of this newsletter, an article by the same name discussed the factors that courts would consider to determine if wills were executed pursuant to contract, reviewed specific cases to highlight how the analysis of such factors worked in practice, and noted that ordinary disposition schemes have been argued to evidence contractual wills.
Patient beware! Part III
On October 23, 2001, the Fourth District Appellate Court reversed the trial court's decision allowing summary judgment against the plaintiff/patient. Warren v. Burris, 325 Ill. App 3d 599.
People do notice: Professional passing
I recently attended the funeral of a former circuit clerk in a small rural county. This clerk had, as often is the case, served actively in his political party and had even once managed a campaign of a now-retired circuit judge.
Practice reminder—ABA Techshow
Don't forget the ABA Techshow which is being held March 14-16, 2002 at the Sheraton Chicago Hotel & Towers, Chicago, Illinois.
Practice transition problems of solos
Probably, the most important project that the General Practice, Solo and Small Firm Section Council has been working on this year, is the work on the proposal for changes to the Rules of Professional Conduct allowing the sale of a law firm by sole practitioners.