Browse articles by year:

2004 Articles

2004 Tradition of Excellence Award November 2004 The General Practice, Solo and Small Firms Section Council's winner of the 2004 General Practice Tradition of Excellence Award is John H. Maville of Belvidere, Illinois.
Chairman’s corner: Sale of practice, cable TV production, seminars and publications By Timothy E. Duggan November 2004 The Supreme Court Rules Committee met in Chicago to consider the ISBA's proposal for sale/ transfer of practice. On September 10, 2004 President Ole Pace presented the ISBA position.
Chairperson’s corner By Timothy E. Duggan September 2004 Welcome to the 2004-2005 Section Council Year. It is an honor for me to be chairman of the General Practice, Solo and Small Firm Section Council.
Chairperson’s corner By Michele M. Jochner June 2004 Welcome to the 12th and final edition of the General Practice Newsletter for the 2003-2004 bar year.
Chairperson’s corner By Michele M. Jochner May 2004 Welcome to the eleventh issue of the General Practice newsletter for the 2003-2004 bar year.
Chairperson’s corner By Michele M. Jochner April 2004 Welcome to the tenth issue of the General Practice newsletter for the 2003-2004 bar year. Special thanks to our newsletter co-editors, John Phipps of Champaign and Judge Edna Turkington-Viktora of Chicago, for another job very well done!
Chairperson’s corner By Michele M. Jochner March 2004 As our thoughts turn from the cold, dreary days of sinter to the promise of the sunnier and warmer days of spring, welcome to the ninth issue of the General Practice newsletter for the 2003-2004 bar year.
Chairperson’s corner By Michele M. Jochner February 2004 At its January meeting, the ISBA Board of Governors approved the implementation of a mentoring pilot program. As I have discussed in previous issues of this newsletter, ISBA President Terry Lavin's goal in establishing an association-wide mentoring program is to provide a much-needed resource for attorneys with questions regarding substantive law, office economics and management, and professional conduct.
Editor’s column-ABA Tech Show Report By John T. Phipps April 2004 The ABA Annual Tech Show was held at the Sheraton Chicago Hotel & Towers on March 25-27, 2004. The Exhibits section included vendors of legal software and hardware.
Editor’s column-Thoughts on law office technology: Weigh your technology options: Even if it ain’t broke there maybe a reason to upgrade. The ABA Techshow can help decision makers By John T. Phipps February 2004 The Annual ABA Technology Show at the Sheraton Hotel & Towers in Chicago is set this year for March 25-27, 2004.
Editor’s column-Thoughts on “We the People,” Quicken Lawyer and pending legislation to authorize form completion business: Are we missing an opportunity and ignoring a legal need? By John T. Phipps March 2004 There is a large segment of the public that is looking for people to fill out their legal forms so they can represent themselves in court on a transaction and avoid paying large lawyer fees.
Editor’s column-Two important developments: The ISBA Mentor Center now open . . . & new terrorist lists that every lawyer needs to know about By John T. Phipps May 2004 The ISBA mentor Center at is now open. It is one of ISBA President Terry Lavin's major projects and has been in the works for some time.
Editor’s column: The petition is filed! It is now up to the Supreme Court By John T. Phipps January 2004 On January 15, 2004, the ISBA filed with the Illinois Supreme Court a petition titled "In Re the Matter of Proposed Amendments to Illinois Rules for Professional Conduct to Allow and Regulate the Sale and Transfer of a Solo Practitioner's Law Practice" MR19235.
Editor’s column: Trends that will affect your practice By John T. Phipps June 2004 GP Section Council member Matt Maloney raised some interesting issues at the last Section Council meeting about the trend that smaller counties are losing lawyers and the average age of the lawyers is rising because of the lack of young lawyers going to the smaller counties to practice.
Editor’s column: We need to persuade the Illinois Supreme Court Rules Committee to recommend adoption of the sale of a solo practice rule By John T. Phipps September 2004 In September 10, 2004 the Illinois Supreme Court Rules Committee considered the ISBA petition to adopt the sale of a solo practice rule. Clients need this rule. Lawyers need this rule.
Family law practice alert: Should gifts and loans received by a child support obligor from his parents be included in his or her net income for purposes of determining child support? -Illinois Supreme Court will decide By Anne M. Martinkus May 2004 In the recent case of In re Marriage of Rogers, 345 Ill. App. 3d 77, 280 Ill. Dec. 726, 802 N.E. 2d 1247 (1st Dist. 2003), gifts and loans received by a father from his parents were included in his net income for purposes of determining his child support obligation.
Food for thought: The answer to the question is . . . . By Matt Maloney May 2004 The author seeks answers to questions on the job.
The future of the profession: The affordable trial— fresh perspectives needed By John T. Phipps November 2004 I know "it's California," but reading in the newspaper that prospective jurors in the Robert Blake murder trial are expected to spend five months hearing evidence while reading at the same time stories about the ongoing Scott Peterson murder trial raises serious questions about the future of jury-are we going into overkill-trials.
Happy trails? Immunity from wilful and wanton conduct for local public entities By Patrick M. Kinnally January 2004 The Illinois Supreme Court has provided interpretation of the scope and breadth of the Local Governmental Tort Immunities Act involving the safety of equipment provided by some school personnel to students. 
HIPAA privacy rules and discovery of medical records By Michael K. Goldberg February 2004 The Health Insurance Portability & Accounting Act of 1996 ("HIPAA") and the regulations1 promulgated pursuant to the Act have been in effect since April 2003.
Intentional infliction of emotional distress actions are viable after dissolution of marriage By Brian L. McPheters April 2004 The Illinois Supreme Court, in its opinion in Feltmeier v. Feltmeier, 207 Ill. 2d 263, 798 N.E.2d 75, 278 Ill. Dec. 228 (September 18, 2003), permitted an action for intentional infliction of emotional distress brought against a former spouse after a dissolution of marriage, based upon spousal abuse both during and after marriage.
Making the law work: The Illinois Wage Payment and Collection Act By Patrick M. Kinnally June 2004 There are at least two statutes in Illinois which assist employees when an employer fails to adhere to an agreement or contract to pay an employee for wages.
Marshall, Greaney, Ireland, Spina, Cowin, Sosman & Cordy By Matt Maloney February 2004 What do these names mean? Is this the name of a boutique firm in Chicago or a large firm downstate? These names meant nothing to me until I read the opinion of the Supreme Judicial Court of Massachusetts filed on November 18, 2003 in Goodridge, v Department of Public Health,
Mentoring: It’s really important! “I just assumed that…” By Matt Maloney January 2004 Many participants in the "system" constantly complain about the lack of skills that they see in "young lawyers." I suppose that I've complained about the same thing. Broad-based, general practice requires a plethora of legal talents.
“Miranda Warnings” for debt collection lawsuits By Patrick E. Ward & Darla A. Foulker May 2004 The following article raises valid issues that lawyers who collect debts (even their own) need to be aware of and consider in their practice.
Partition/co-ownership/co-habitation By Bernard Wydajewski January 2004 Your client states she is ready to end her relationship with her boyfriend. They purchased a home together 10 years ago as joint tenants. But now she wants out and he won't give her a "fair share." What is her "fair share" and how do you obtain it?
Results of DNA testing cannot be used to rescind a voluntary acknowledgment of paternity By Michele M. Jochner November 2004 The issue presented in People ex rel. The Department of Public Aid v. Smith (Docket No. 97120, Sept. 23, 2004) (2004 Ill. LEXIS 1027), is whether a man who signed a voluntary acknowledgment of paternity can use subsequent DNA test results to vacate that acknowledgment.
Sole custody judgment diminished By James E. Buchmiller March 2004 It is somewhat customary for attorneys representing fathers of minor children in custody disputes to advise them that the best they can hope for is liberal visitation.
Suggestions from the bench and from a former general practitioner By John T. Phipps November 2004 The suggestions in this outline are designed to remind the experienced general practitioner of some points sometimes forgotten.
Suing your client and practicing law as a registered corporation: A look at Supreme Court Rule 721 By Patrick M. Kinnally March 2004 Is a law firm that fails to register as a corporation with the Illinois Supreme Court creating a remedy to a former client of that firm because of the failure to register?