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2003 Articles

2003 Tradition of Excellence Award By Donald A. LoBue August 2003 This year's winner of the General Practice Tradition of Excellence Award is Aurora attorney Patrick M. Kinnally.
The abatement and apportionment of estate expenses By Donald A. LoBue December 2003 How are estate taxes and the expenses of administration to be paid and apportioned between the various beneficiaries? The recent case of Estate of William L. Henry, Jr. v. St. Peter’s Evangelical Church, 337 Ill. App. 3d 246, 785 N.E. 2d 1049 (2003), is an example of some of the rules which apply.
Arbitration of disputes before The New York Stock Exchange By James F. Dunneback April 2003 Many of the national securities markets provide a mechanism for resolution of customer and employer/ employee disputes.
Automobile mechanic’s and/or garageman’s liens By G. Bradley Hantla January 2003 In the March, 2002 issue of the ISBA's General Practice newsletter, I authored an article dealing with automobile mechanic's and garageman's liens.
Case law update By Lee Ann Schoeffel August 2003 Recent cases of interest.
Chairperson’s corner By Michele M. Jochner December 2003 Change. We see it all around us. As we turn our focus to holiday celebrations and the end of another year, we welcome you to the sixth edition of the General Practice, Solo and Small Firm newsletter for the 2003-2004 bar year.
Chairperson’s corner By Michele M. Jochner November 2003 As fall leaves become winter snowflakes, and as our thoughts turn to the celebration of Thanksgiving, we welcome you to the fifth issue of the General Practice, Solo and Small Firm newsletter for the 2003-2004 bar year.
Chairperson’s corner By Michele M. Jochner October 2003 In lieu of a "traditional" Chair's column this month, I have drafted the following article outlining the major changes to Illinois Supreme Court Rule 721 and new Illinois Supreme Court Rule 722, both of which became effective on July 1, 2003.
Chairperson’s corner By Michele M. Jochner September 2003 September heralds the beginning of yet another school year. This year, students at Illinois law schools will have something different on the program during their orientation sessions: a visit from a justice of the Illinois Supreme Court, who will speak to them about civility and ethics, and administer an "Oath of Professionalism" to these future lawyers.
Chairperson’s corner By Michele M. Jochner August 2003 Welcome to the second General Practice newsletter of the 2003-2004 bar year. As you will discover, it is filled with timely articles on substantive and practice-oriented issues.
Chairperson’s corner By Michele M. Jochner July 2003 Welcome to the 2003-2004 year of the General Practice, Solo and Small Firm Section!
Chair’s column By James F. Dunneback February 2003 Each year the General Practice Solo and Small Firm Section makes its Annual Tradition of Excellence Award to a deserving Illinois lawyer whose career achievements exemplify the "Tradition of Excellence" in his or her law practice or law-related public service.
Confidentiality of medical records: An interesting case transposed to Illinois By David Spagat June 2003 Under what circumstances, by whom and for what purpose, can the privacy of your medical records be breached notwithstanding the many statutes denying this right to third persons or agencies?
Editor’s column By John T. Phipps July 2003 The Chicago Tribune recently published an article about the growing trend of "online divorce services."
Editor’s column By John T. Phipps June 2003 Several years ago I wrote a newsletter column titled "Terror by Fax" where I discussed the general acceptance of the fax machine, and how lawyers were then being asked to respond on short notice to faxes.
Editor’s column By John T. Phipps April 2003 The following article, "Arbitration of disputes before the New York Stock Exchange" by James F. Dunneback, would seem to be something far removed from the ordinary General Practice, Solo and Small Firm newsletter.
Editor’s column: Child support collection procedures need attention By John T. Phipps October 2003 The practice alert article in this issue by Brian L. McPheters clearly indicates a problem that the courts and the legislature need to address.
Editor’s column: Mentors By John T. Phipps August 2003 When I read "A Few Good Mentors" by ISBA President Terry Lavin in his August 2003 President's page, I thought about some of my mentors and how important they were to me.
Editor’s column: Sale of a solo practice update By John T. Phipps January 2003 We have received a number of excellent comments and suggestions about the proposed transfer of a solo practice and made changes to the original proposed draft rules.
Editor’s column: Wall Street analysts’ conflict of interest claims By John T. Phipps September 2003 The following article, "Practical Considerations For Representing Your Clients Who Have Been Damaged by Wall Street Analysts' Conflicts of Interest," by Chicago attorney James J. Eccleston, would seem to be something far removed from the ordinary General Practice Solo and Small Firm newsletter.
The enforceability of physicians’ covenants not-to-compete in the wake of the Illinois Supreme Court’s (non)decision in Carter-Shields v. Alton Health Inst. By Michael K. Goldberg October 2003 Many in the health care field anticipated that Carter-Shields v. Alton Health Inst., would resolve the issue of the enforceability of restrictive covenants for physicians.
Expert Witnesses: A view from the bench By John A. Wasilewski February 2003 The expert witness can be a highly trained professional, with or without impeccable credentials, or can be a tradesman, mechanic or anyone who possesses special knowledge that would aid the fact-finder in making a decision.
Fee schedules By Walter Kilgus December 2003 I have before me a booklet titled as follows, "Manual on Fees and Charges Including Suggested Minimum Fee Schedule of the Illinois State Bar Associations."
Firm meetings, or “If you pay them, they will come” By Walter Kilgus January 2003 In a recent discussion with a colleague, the conversation turned to the mechanics of operating a small firm.
Food for thought—How far will we go? By Matt Maloney June 2003 Many of the ISBA Section Councils spend a great deal of time each spring reviewing new legislation that has been introduced in both the Illinois House and Senate.
Forum non Madison County By Terrence M. Madsen November 2003 For those of us who practice outside the world of jury actions for damages in excess of $50,000, it may seem unusual that a plaintiff in a traffic crash case would choose to file the action in a county where neither driver resides, where the accident did not happen and where there are 10 times the number of similar cases pending on the docket and they take, statistically, nearly a year longer to resolve than the county of occurrence.
H.U.D.’s proposed changes to R.E.S.P.A. By Bernard Wysocki January 2003 In July, 2002 H.U.D. proposed major revisions to the Real Estate Settlement and Procedure Act (RESPA).
Is it “property acquired in exchange for?” By Anne M. Martinkus July 2003 Section 503 of the Illinois Marriage and Dissolution Act, 750 ILCS 5/503, provides that property acquired in exchange for property acquired before the marriage or in exchange for property by gift, legacy or descent is non-marital property.
It’s in the mail: The clock is ticking! By J.A. Sebastian November 2003 The Illinois Supreme Court has clarified Section 3-103 of the Illinois Administrative Review Law (“ARL”) (735 ILCS 5/3-101 through 3-113), holding that the 35-day period for filing a complaint of an administrative agency decision starts when the decision is mailed, not when the decision is received in Nudell v. Forest Preserve Dist. of Cook County.
“I’ve Been Taking Care of Business & Working Overtime” - Bachman-Turner Overdrive (1976) By Matt Maloney December 2003 I don’t know if Canadian singer/composer/musician Randy Bachman ever went to law school. His synopsis of how things go on a daily basis seems to mirror life in general.