2010 Articles

Chair’s column: Rule 304(a) findings and “final orders” By Brian L. McPheters July 2010 The cautious practitioner will look at a judgment he or she might want to appeal and consider the following: Does the order dispose of an entire claim in the case? If declaratory judgment is involved, does the order terminate the controversy or some part thereof? If so, request a Rule 304(a) finding.

Chair’s column: Stalking No Contact Orders By Brian L. McPheters June 2010 The new Stalking No Contact Order Act fills a serious gap in remedies previously available to victims of unwanted attention.

Chair’s column: The Matthew Maloney Tradition of Excellence Award By Brian L. McPheters March 2010 A little background on Matt Maloney and the award named in his honor.

Diversity Pipeline By Ebony R. Huddleston July 2010 The American Bar Association’s recently released report on diversity, while short on numeric data, highlights that law is less diverse than most other professions and that diversity in law is undergoing an increasingly slowing progress.

Do we have an independent Judiciary in Illinois? By Michael K. Goldberg September 2010 Thoughts on Illinois' judicial system, from Section Chair Michael Goldberg.

Editor’s column: Backup, backup, backup—There are bad things out there just waiting to damage your system, plus computers really do fail! By John T. Phipps June 2010 The author relays his own experiences with system failure.

Editor’s column: Computer developments and upgrades—Is now the time? Check out Solo & Small Firms Conference programs By John T. Phipps September 2010 Join us for the ISBA's Solo & Small Firm Conference on October 21-23 and learn about available new technologies and whether they can help you in your practice.

Editor’s column: Lawyer as peacemakers practicing holistic problem-solving law By John T. Phipps July 2010 “Holistic problem-solving law” may be something new or it simply may be putting a title on what many of us have done for years.

Editor’s column: New “limited scope legal representation” rule gives solo and small firm practitioners special opportunity to expand practice with “unbundled legal services” By John T. Phipps March 2010 Because we now have an opportunity to expand our services, we should all consider what “limited engagements” or “unbundling” means to our own practice and develop our own limited engagement agreements and opportunities.

Editor’s column: Smart phones and their many applications are a tech bonanza for lawyers, but there are limits to how much communication each of us wants By John T. Phipps December 2010 As technology advances and offers more and more options, some lawyers may feel they're being left behind.

The Freedom of Information Act: A useful resource for attorneys By George L. Schoenbeck September 2010 Author George Schoenbeck shares his experiences as both a Freedom of Information Officer and as an attorney using the Freedom of Information Act to represent private parties.

“Hello, may I help you?” Yes, Callruby.com By Robert C. Thurston September 2010 One of the problems that solos and some small firms face is hiring a good receptionist that provides a professional voice to the outside world. Ruby makes potential clients feel as if they are hiring the best lawyers.

Illinois Supreme Court holds that oral contracts not necessarily unenforceable pursuant to Home Repair and Remodeling Act, but why risk it? By Michael P. Tomlinson September 2010 A look at the recent Illinois Supreme Court case of K. Miller Construction Company, Inc. v. Joseph J. McGinnis et al.

I’m a nonresident of Illinois—maybe? By David P. Dorner June 2010 While a person may believe he or she is no longer a resident of Illinois, they in fact may still be considered residents for Illinois income tax purposes.

Incoming Chair’s column: Continuing the tradition! By Michael K. Goldberg July 2010 A note from Michael Goldberg, will serve as Chair of the General Practice, Solo & Small Firm Section in the coming year.

Limited-scope legal representation—Unbunding legal services By Michael K. Goldberg December 2010 There are many issues that need to be worked out in order for the unbundling of legal services to be workable. Weigh in, and have your opinion on the subject heard.

March matters worth your time… By J.A. Sebastian March 2010 Mark your calendar for three upcoming ISBA events!

My Jerry Maguire moment By Nick Kujawa July 2010 Just as Jerry Maguire had his epiphany, I had mine. The following story is what led me to believe we as solo or small firm practitioners have a special obligation.

The new Illinois Rules of Evidence By Douglas J. Quivey December 2010 The new Illinois Rules of Evidence should greatly benefit practioners and make evidentiary rulings more consistent.

Practice note: Abatement of tax penalties for reasonable cause: Best practices By David P. Dorner March 2010 With many states facing historical fiscal deficits and the need for additional revenues, the issue of tax penalties and the abatement of such penalties for reasonable cause have become increasingly relevant.

Recent decision addresses subject-matter jurisdiction in forcible entry and detainer actions By Michael Zink December 2010 A review of the recent decision of Figueroa v. Deacon.

Voluntary Nonsuit? You’d better think twice By Jewel N. Klein June 2010 A discussion of the difficulties practitioners face as a result of the Illinois Supreme Court decision of Hudson v. City of Chicago.