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2006 Articles

Accord and satisfaction: Investigation can make it more than a paper game By Patrick M. Kinnally January 2006 An accord and satisfaction by the use of an instrument, such as a check and a memorandum, should be governed by the Uniform Commercial Code.
Administrative review: Unintended consequences of ARL amendments snares the unwary. Strict compliance with statutes are required to obtain administrative review By J.A. Sebastian January 2006 Every case is first of all a story, and all stories have a beginning and an ending. Some endings leave you wanting more.
“All collection costs” does not mean attorney fees By H. Allen Yow January 2006 Attorneys drafting promissory notes, contracts and other written instruments must clearly articulate the rights, obligations and liabilities of the parties involved.
Are your clients selling estate plans? By Matt Maloney March 2006 The unauthorized practice of law has been going on forever. It was, and still may be in some areas, common practice for local banks and real estate offices to do “simple” deeds and other legal documents.
Chair’s Column: Neither fish nor fowl By Matt Maloney October 2006 If you have served as a prosecutor or defense attorney for any appreciable period of time you develop and inherent “sense” of what the law is in a particular topic area.
Chair’s column: Welcome from the Chair By Matt Maloney July 2006 Welcome to the 2006-2007 ISBA General Practice, Solo and Small Firm Section Council newsletter.
Chair’s Column: Why lawyers don’t do what they’re supposed to do By Matt Maloney October 2006 A message from Section Chair Matt Maloney
Disability Law: Social Security By David R. Bryant March 2006 This article provides a basic outline of the process for helping a client obtain disability benefits from Social Security.
Editor’s column: Balance is important By John T. Phipps February 2006 This issue of the General Practice Solo and Small Firm newsletter contains three articles on the quality of life of lawyers and examines ways of dealing with stress and difficult clients.
Editor’s Column: Computer update—To buy or not to buy? That is the question By John T. Phipps November 2006 The conventional wisdom found in most technology magazines and in certain technology circles is to hold off buying new computers until after the first of the year.
Editor’s column: Court-ordered Rock, Paper, Scissors? By John T. Phipps July 2006 Zealous advocacy reached a notorious low in a recent New York Times story that ran on June 8, 2006, which was then picked up by the Associated Press and widely circulated.
Editor’s column: Identity theft—How well do we protect private personal information? By John T. Phipps January 2006 Law offices and courts should take a closer look at how private personal information is handled.
Editor’s Column: ISBA electronic newsletter subscriptions provide newsletters sooner By John T. Phipps October 2006 The reasons to subscribe to this newsletter electronically.
Editor’s Column: ISBA’s aggressive response to mandatory CLE by providing varied and frequent courses By John T. Phipps October 2006 The Second Annual Solo & Small Firm Conference “Shine up you Shingle” held in St. Charles, Illinois in September was a huge success.
Editor’s column: Practice opportunity—Small claims limit raised to $10,000 By John T. Phipps March 2006 The recent change in the small claims definitions which raised the small claims case maximum amount to $10,000 opens a myriad of new opportunities to the General Practice Solo & Small Firm lawyer.
Editor’s column: Who will speak for the judges? By John T. Phipps June 2006 Attacks on the judiciary have been going on for a number of years.
Employment Law Update: Standard of review expanded for employees in retaliation claims involving FMLA By Donald A. LoBue October 2006 The case of Richardson v. Monitronics International, Inc., from the vs. Fifth Circuit Court of Appeals has held that the traditional McDonnell-Douglas Corporation v. Greene burden-shifting framework was not the correct standard of review in a retaliation case under the Family Medical Leave Act.
Estate Planning Update for the Solo, Small Firm & General Practice & Probate By James F. Dunneback July 2006 With the increase in the applicable exclusion amount to $2 million this year, increasing to $3.5 million in 2009 and the promised (but yet to be fulfilled) removal of the estate tax in 2010, the emphasis on the tax planning element of our estate planning practices may seem to be diminishing.
Estate planning update: Recent case decisions By James F. Dunneback June 2006 The Estate of Helen H. Noble, 89 TCM 649 stands for the proposition that sales following death, so long as the transaction occurred within a reasonable time, can be used to establish value as much as a sale prior to the date of death.
An examination of intrastate forum non conveniens in Illinois and the impact of Langenhorst v. Norfolk Southern Railway Company By Randall Edgar June 2006 Forum non conveniens is a Latin term of art that first-year law students from across the state learn to define in English as “an inconvenient court,” or “inconvenient forum.”
Filing of general appearance does not waive jurisdictional objection By H. Allen Yow November 2006 In the recent decision of KSAC Corporation v. Recycle Free, Inc., 364 Ill.App.3d 593, 846 N.E.2d 1021, 301 Ill.Dec. 418 (2d Dist. 2006), the appellate court held that based on 735 ILCS 5/2-301, the defendant’s filing of a general appearance did not wave its jurisdictional objection.
Finding a life in the law By Patrick E. Ward February 2006 You can revitalize your profession and yourself by starting back at the basics.
Going in a different direction By Matt Maloney November 2006 For many years the General Practice, Solo and Small Firm Section Council has been at the forefront of continuing legal education programs.
Grossly disproportional? By Matt Maloney January 2006 The key language in understanding the opinion in People v. One 2000 GMC is the application of the term “grossly disproportional.”
The Illinois Domestic Violence Act of 1986: An overview By Brian L. McPheters April 2006 It has become apparent the practicing bar may not understand how the Illinois Domestic Violence Act of 1986 (750 ILCS 60/101 et. seq.) works or the opportunities it provides to render legal services.
Legislation update of interest to the general practitioner By J.A. Sebastian July 2006 The following is a summary of recent legislative action of interest to ISBA General Practice, Solo and Small Firm section members.
Practice Alert: Contingencies By Matt Maloney June 2006 Have you considered "partial disability" as part of your practice's disaster-preparedness plan?
Practice Alert: Home repair and remodeling contractors beware! By H. Allen Yow March 2006 Attorneys representing clients engaged in the home repair and remodeling business need to be aware of the recent decision from the Third District Appellate Court of Illinois, Central Illinois Electrical Services, LLC v. Slepian, and the provisions of the Home Repair and Remodeling Act.
Practice tip: Dealing with difficult clients By Elizabeth A. Teague February 2006 They are the ones that make you want to tear your hair out and can break your heart at the same time.
Practice tip: Divorce practitioners beware: “non-modifiable” clause in judgment for dissolution not binding on court where support is unallocated By Mary Katherine Danna February 2006 In a dissolution of marriage action, there are several options for styling and structuring any resulting support obligations payable by one party to the other.