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April/May 2019 • Volume 33, Number 3 CONTENTS INSIDE THIS ISSUE 28 Luddites Beware: Appellate Court Practice in the Electronic Age By Justice Mathias W. Delort 34 The Rise in Oral Arguments Since the Amendment of SC Rule 352– Oral Argument in Reviewing Courts By J. Timothy Eaton YOUNG LAWYERS SECTION 38 The Year in Review By YLS Chair Brandon E. Peck 40 How to Handle High-Profile Criminal Cases and the Press: A Defense Perspective By Julie Koehler 44 The Importance of Mindfulness By Jonathan M. Mraunac
6 Editor's Briefcase
I Explained All of That in My Brief
8 President’s Page
Looking Back, and Looking Forward
12 CBANews 18 Chicago Bar Foundation Report 22 Murphy’s Law 48 Legal Ethics
Big Data, Artificial Intelligence, and Legal Ethics By John Levin
On the Cover This month’s CBA Record cover is courtesy of our Editor-in-Chief, Justice Michael B. Hyman
The CBA Record (ISSN 0892-1822) is published seven times annually (January, February/March, April/May, July/August, September, October, November) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604- 3997, 312/554-2000, www.chicagobar.org.Subscriptionsfornon- membersare$25peryear.PeriodicalspostagepaidatChicago, Illinois.POSTMASTER:Sendaddresschangesto CBARecord ,c/o Kayla Bryan, Chicago Bar Association,321SouthPlymouthCourt, Chicago,Illinois60604. Copyright2019byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.
EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF I Explained All of That in My Brief T rial lawyers will find appealing two feature articles in this issue. First District Justice Mathias W. Delort’s “Luddites Beware: Appellate Court Practice in the Electronic Age,” at p. 28 and appellate practitioner J. Timothy Eaton’s “Oral Argument in Review- ing Courts,” at p. 34, share valuable insights for inexperienced, as well as experienced, appellate advocates. As an appellate justice, I thought I would add a few tips, starting with what every litigator should repeat aloud before every case: what happens in the trial court makes or breaks an appeal. That’s because an appeal is not an opportunity for a “do-over.” Also, remember that appellate judges review and consider only what is included in the record. Unless raised before the trial judge, an issue won’t be part of the record. So anticipate, develop, and preserve issues and errors for possible appeal. A classic appellate adage expresses the point succinctly: If it isn’t in the record, it didn’t happen. A mistake observed in lawyers who rarely or occasionally handle an appeal involves either not reading or not complying with the appellate rules. Although a no-brainer, some lawyers forget or disregard the rules. Big mistake. Know and follow the Supreme Court rules governing appeals, including rules on jurisdiction, finality, and timing. Judges take the rules seriously. Strive to earn the trust of the judges by demonstrating credibility and candor. It’s what differentiates the best briefs from the rest. Characterize the relevant facts with precision and honesty, scrupulously citing sources so the judges can verify their accuracy. Don’t ignore or distort relevant harmful facts, cite inapt authority or misstate relevant author- ity, or disregard an adverse holding. (Rule 3.3(a) (2) of the Illinois Rules of Professional Conduct requires disclosure of directly adverse legal authority, even if the opposing party has not.) Figure out how to handle weaknesses in your case or bad law. Effective lawyers do it all the time. Invariably, if you slip up, your opponent will pounce and, if not your opponent, then the appellate court. Be respectful of adversaries and the trial judge. Adopt a businesslike tone that is neither insulting nor intemperate, but instead professional and polite. Civility requires recogniz- ing that advocacy has boundaries. Briefing Briefs should be oriented and organized so judges do not have to spend a great deal of time figuring out the issues, the facts, and the arguments. You would be surprised at the number of briefs that read like an article in a technical journal. Adhere to the advice of Robert Louis Stevenson, who passed the Scottish bar but never practiced law, “Do not write merely to be understood. Write so you cannot possibly be misunderstood.” Also, limit the issues. A slew of issues lessens the importance of the key ones; select the most significant and (hopefully) meritorious issues. Convince the judges that a ruling in your favor achieves the correct result. Rehashing argu- ments made in the trial court rarely works. If the appellant, focus on the trial court’s errors. If the appellee, focus on the issues raised in the opening brief. And every issue on appeal is measured by a standard of review, which embodies how much weight the appeals court gives to trial court determinations. Prepare arguments with the standard of review in mind. Finally, three responses at oral argument that you should never utter: • “I’m going to answer your question, but first…”
EDITORIAL BOARD Editor-in-Chief Justice Michael B. Hyman Illinois Appellate Court Associate Editor Anne Ellis Proactive Worldwide, Inc. Summary Judgments Editor Daniel A. Cotter Latimer LeVay Fyock LLC YLS Journal Editors Daniel J. Berkowitz Aronberg Goldgehn Natalie Chan Sidley Austin LLP Nicholas D. Standiford Schain Banks Kenny & Schwartz
Carolyn Amadon Samuel, Son & Co. Jonathan B. Amarilio Taft Stettinus & Hollister LLP Amy Cook The Farmer Chef Alliance Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Hinshaw & Culbertson Jasmine Villaflor Hernandez Cook County State’s Attorney’s Office Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Law Office of Clare McMahon Pamela S. Menaker Clifford Law Offices Peter V. Mierzwa Law Bulletin Publishing Company Kathleen Dillon Narko Northwestern University School of Law Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins
Robbins, Saloman & Patt, Ltd. Rosemary Simota Thompson Judge E. Kenneth Wright, Jr. Circuit Court of Cook County THE CHICAGO BAR ASSOCIATION David Beam Director of Publications Rebecca Martin email@example.com
• “The trial judge didn’t understand.” • “I explained all of that in my brief.”
6 APRIL/MAY 2019
NOT JUST YOUR GO-TO NURSING HOME LAWYERS
This summer, we set the record for a jury verdict under the Illinois Nursing Home Care Act when we achieved a $4.1 million result for our client, surpassing the previous record set by our firm in 2006 of $2.9 million. Although we are proud of these results and our reputation in handling nursing home cases, our results in other serious injury, accident, and medical malpractice matters should not be overlooked. We routinely obtain substantial results in medical malpractice matters and other personal injury matters. Recently we achieved a $9 million-dollar medical malpractice birth injury settlement. We have also set the Illinois record for the largest Jones Act settlement of $7.5 million for an injured boat worker.
OTHER NOTABLE RESULTS:
• $17.7 Million Medical Malpractice/Brain Injury Settlement • $14 Million Medical Malpractice Lung Cancer Verdict • $10 Million Pedestrian Accident Verdict • $7.6 Million Medical Malpractice Postpartum Bleed Settlement • $6.5 Million Record Kane County Wrongful Death/Trucking Accident • $6.5 Million Birth Injury Settlement
PRESIDENT’S PAGE BY STEVEN M. ELROD Looking Back, and Looking Forward
The Chicago Bar Association www.chicagobar.org
OFFICERS President Steven M. Elrod
To my fellow officers, to the members of our Board of Managers, and to the CBA’s entire membership, my heartfelt thanks for your dedicated service. Your commit- ment, vision and leadership is evident in all of the CBA’s programming which truly makes this association the leading metro- politan bar association in the U.S. To our members, please stay active and involved in the important work of the CBA and please encourage your partners and associates to support the Association’s work through their membership. To our outstand- ing staff, led by the incomparable Terry Murphy, thank you for your hard work, service, and support. Each and every one of you do an amazing job for our Associa- tion and our members. I appreciate your assistance in pushing my aggressive agenda throughout the past year. The Association’s programming during the past year in service to the bench, the bar and to our community has been extraordi- nary in both quality and quantity, and has surpassed even my own high expectations. • World City Bar Leaders–This past Sep- tember, the CBA hosted a prestigious group of world city bar association lead- ers in a program packed with substan- tive presentations and panel discussions, as well as tours of Chicago’s architectural and cultural landmarks and dining establishments. Representatives from the following World City Bar Associa- tions attended: Amsterdam, Barcelona, Beijing, Brussels, Chicago, Frankfurt, London, Montreal, New York, Paris, Rome, Shanghai, Tokyo, Warsaw. • Joint CBA/Decalogue Society CLE Seminar on Anti-Semitism. Some of the highlights include: Local, National and International Bar Associations
Holland & Knight LLP First Vice President Jesse H. Ruiz Deputy Governor, State of Illinois Second Vice President Maryam Ahmad Cook County State's Attorney's Office Secretary E. Lynn Grayson Nijman Franzetti LLP Treasurer Timothy S. Tomasik Tomasik Kotin Kasserman LLC Executive Director Terrence M. Murphy Assistant Executive Director Elizabeth A. McMeen BOARD OF MANAGERS Jonathan B. Amarilio Alan R. Borlack Judge Thomas M. Durkin Sharon L. Eiseman Mark B. Epstein Nina Fain Hon. LaShonda A. Hunt Michael J. Kaufman Hon. Diane Joan Larsen Lori E. Lightfoot Kathryn Carso Liss Hon. Thomas R. Mulroy Matthew A. Passen
S erving as CBA President this past year has been a great honor and experience, and I’ve thoroughly enjoyed every moment of the journey. At the CBA’s 146th Annual Meeting, which will be held on Tuesday, June 18, I will pass the Association’s Lincoln Gavel, sig- nifying the transition of CBA leadership, to my successor, Jesse H. Ruiz. Jesse is a dear friend and an extraordinary lawyer. And, we are all so proud that as a Deputy Governor of the State of Illinois, Jesse will also be serving as CBA President. This is a historic first for The CBA and we are truly fortunate to have Jesse’s leadership during the coming bar year. I hope that all of you will join me at the Association’s annual meeting to congratulate and welcome Jesse. Now, as when I became President, my three C’s, Civility, Civic Education, and Collegiality, have bookmarked every association activity during the past year. I am confident that these cornerstones of professionalism will continue to serve as the association’s North Star as we navigate the myriad changes that are reshaping the legal profession and the practice of law.
Brandon E. Peck Mary Robinson Federico M. Rodriguez John C. Sciaccotta Adam J. Sheppard Helene M. Snyder Greta G. Weathersby Zeophus J. Wiliams
8 APRIL/MAY 2019
It’s Where You Belong
Membership Dues Renewal The Chicago Bar Association
Renew by May 31 and Get Free CLE Coupons*
April 2019 Dear Member:
There is no doubt that the legal profession is changing, which in turn presents new challenges in how we practice, serve our clients, run our businesses and spend our time and resources. As your professional partner, the CBA has been studying trends in the legal profession, listening to your concerns and developing new programs and services to better meet your changing needs: Access to CLE anytime, anywhere. We are launching a new mobile-friendly Webcast platform this summer, allowing you to view seminars and committee meetings on your smart phone or tablet and view in full screen on your laptop. Plus, we have over 200 on demand seminars giving you 24/7 access to earn MCLE credit. Business development. What works? To help you grow your practice and expand your professional contacts, we are offering more structured networking events with other professional groups that take the stress out of networking and offer meaningful connections. We also offer business development workshops to enhance your skills in this area. Affordable professional resources. To help make ends meet, the CBA is offering more free CLE programs (enough to meet your IL requirement) and complimentary events, in addition to a dues installment plan and a dues hardship rate. Plus, no dues increase for the last 14 years! Tips to run a more efficient, cost-effective law practice. CBA members and their staff can get hands-on training to keep up with legal technology and implement best practices. Solo/small firm resources and low cost office consulting are also available. Balancing work and personal life. A legal career can be very stressful so check out our mindfulness offerings, wellness committee, time management tips and other resources. Access to free and low-cost career services. Post your resume and view open positions via our free Career Center at www.chicagobar.org/careercenter, join the Careers Committee, and attend free and low-cost career counseling sessions, career workshops and networking events. Make a difference in my community. Most of our members work and live in the Chicago metro area and helping our city is a huge concern. Get involved and work with other organizations in our community through pro bono and volunteer opportunities coordinated by the CBA. These are only a few ways that the CBA is trying to equip our members with the resources needed to thrive in a changing profession. If your needs are not being met by the CBA, I encourage you to email me at firstname.lastname@example.org. We value your membership and encourage you to renew for the coming year. Sincerely, ✓ ✓ ✓ ✓ ✓ ✓ ✓
Renew at www.chicagobar.org/renew, call 312-554-2020, or return your payment by mail. Thank you!
Steven M. Elrod CBA President
*Renew by midnight May 31, 2019 and receive two (2) free CLE coupons from the West LegalEdcenter. Details at www.chicagobar.org/renew.
Community Outreach • Joint CBA/Gamaliel program on Expungement held at Benito Juarez Academy, Pilsen during Fiesta del Sol. • CBA/Interfaith Leadership program hosted by Rev. Dr. Stephen John Thurston, Pastor, New Covenant M.B.C. Church entitled: “A Conversa- tion About Criminal Justice Reform”, featuring Chief U.S. District Court Judge Ruben Castillo and Chief Circuit Court of Cook County Judge Timothy C. Evans. I would be remiss if I didn’t point out that all three of the foregoing Community Outreach programs were organized by our dedicated First Vice- President, Maryam Ahmad. • Interfaith Committee “Restorative Justice 8 Week Training Programs” in 4 Chicago Schools. • CBA/Cook County Juvenile Court Mentoring Program involving 40 CBA volunteer mentors for non-violent at-risk kids on probation in the Juvenile Court. • Law at the Library” series featuring pre- sentations frommembers on a variety of legal topics, e.g. Wills, Real Estate, LT, Social Security, and other legal areas of interest to consumers. • LRS monthly “Call-A-Lawyer” series (free to the public). • YLS “Wills for Heroes” monthly pro- gram (Pro bono). • Joint programming with the Constitu- tional Rights Foundation Chicago to provide civics and law-related education programs to Chicago’s youth, includ- ing Lawyer In the Classroom visits in elementary schools, and the Equal Justice for All Program for high school students. • The CBA Leadership Institute. Now in its fourth year, the Leadership Institute continues to provide invaluable training to associates in Chicago area law firms. This year, the program was chaired by my predecessor and good friend Judge Thomas Mulroy. I’m happy to report that 20 associates from Chicago’s lead- ing large law firms are participating in the 2019 Leadership Institute. CBA Association Programming and Special Events
• Joint CBA/Decalogue Society, Arab American Bar Association CLE Seminar on Hate Crimes. • Joint CBA/IJA Comparative Law sym- posium with visiting Lebanese Judges. • Joint CBA/IILP/large law firm seminar on Diversity and Inclusion in the legal profession. • Joint CBA/American Board of Trial Advocates (ABOTA) program: “The Case for Civility”. • Joint CBA/Illinois Supreme Court Commission of Civility program on civility in the legal profession, featuring former Illinois Governor Jim Edgar. • The Vanguard Awards Luncheon spotlighting the outstanding work of lawyers/judges who have made a dif- ference in our community featuring honorees from the following bar associa- tions: Asian American Bar Association, Advocates Society, Arab American Bar Association of Illinois, South Asian Bar Association of Chicago, Arab American Bar Association, BlackWomen Lawyers’ Association of Greater Chicago, Inc., Chicago Bar Association, Chinese American Bar Association of Greater Chicago, Cook County Bar Association, Decalogue Society of Lawyers, Filipino American Lawyers Association, His- panic Lawyers Association of Illinois, Lesbian and Gay Bar Association of Chicago, Puerto Rican Bar Association, Serbian Bar Association, and Women’s Bar Association of Illinois. I was partic- ularly proud to present CBA’s Vanguard Award to my dear friend, United States District Court Judge Marvin Aspen. • The All Chicago-area Bar Association Reception honoring Chicago’s new Mayor (and CBA Board of Managers Member), Lori Lightfoot. • Joint CBA/Union League Club program “Policing in Chicago under the Consent Decree.” • Initiation of an alliance between the CBA the Los Angeles County Bar Association that will feature joint mem- bership programming and activities, as well as reciprocal privileges for visiting members.
• The Master Class Series, organized by CBA Board Member Nina Fain and Past CBA President Justice Michael B. Hyman. This year’s programming fea- tured Professor Sara Redfield, University of New Hampshire Law School and included presentations from our own Maryam Ahmad, Adam Sheppard, and John Sciacotta. • The General Counsels of Chicago Sports Teams.” This year, CBA Board member Michael Lufrano, who is also Executive Vice President, Community Affairs and Chief Legal Officer for the Chicago Cubs, helped me organize a first-ever CBA CLE program featur- ing the General Counsel’s of Chicago’s Sports Teams. The April 16 event fea- tured: Cliff Stein, Senior Vice-President and General Counsel of the Chicago Bears; Ram Padmanabhan, Vice Presi- dent of Financial and General Counsel of the Chicago Bulls; John Corvino, Vice President and General Counsel of the Chicago White Sox; Lydia Wahlke, Chief Legal Officer of the U.S. Soccer Federation; and Michael Lufrano from the Chicago Cubs. 250 CBA members attended the luncheon program, which provided a fascinating glimpse into the world of professional sports and spot- lighted some of the current and emerg- ing legal issues that impact professional sports. I had the great pleasure of moder- ating this terrific panel of professionals. It was a wonderful and fun event. • The annual Justice John Paul Stevens Award Luncheon, at which we recog- nized 9 lawyers and judges who exem- plify the integrity and professionalism of Justice Stevens, a proud alumni of the Chicago Bar Association Board of Managers. • The 95th Annual Bar Show “Big Little Laws,” produced, directed and performed entirely by very talented attorneys, each and every one of the a member of, and a credit to, the Bar. This year, I was able to fulfill a life-long dream by appearing with the entire Bar Show cast on stage at the end of each of the four performances and singing the opening verse of the classic “Junior Partners” song.
10 APRIL/MAY 2019
• The Earl Burrus Dickerson Award Lun- cheon, chaired by my good friend, Judge E. KennethWright, Jr., and honoring the outstanding legal service of Langdon Neal, Maurice Grant, and Judge Sophia Hall. • The annual 50 Year Member Luncheon, at which we recognized and honored 83 lawyers and judges who, this year celebrated their 50th anniversary as a member of the Chicago Bar Association. • TheWomen’s History Month program- ming that focused on the issues and challenges facing women in the legal profession, and which was superbly organized by our 2nd Vice-President, E. Lynn Grayson. • The Herman KoganMedia Awards Lun- cheon, at which we honored Chicago broadcast journalists, Carol Marin and Mary Ann Ahern. • The Alliance For Women Awards Lun- cheon, at which we honored Linda F. Friedman and our own Katie Liss. Young Lawyers Section Special thanks to our YLS Chair Brandon Peck for his leadership during the past year. Brandon and our YLS sponsored many wonderful events, programs and socials this past year qualifying us to, once again, receive the ABA’s highest award as the “Best Overall YLS” in the Country. To help us better focus on the continuing challenges facing the CBA and our legal community, I appointed a Strategic Plan- ning Committee Task Force with Andrew Vail as the chair. The Task Force made great headway this past year, and the CBA’s leader- ship is grateful to Andrew and to the Task Force members for their hard work in tack- ling many of the difficult issues facing our profession. Concurrently, I have been work- ing with our outstanding CBA Treasurer, TimTomasik, to examine our membership dues structure, and explore opportunities for enhancing membership benefits. CLE in Israel Program More than 40 CBA members and guests participated in the Association’s annual CLE Abroad Program, April 1-4, 2019 in Focus of Strategic Planning and Membership
Jerusalem. Our pre-Israel trip included a two day visit to Amsterdam, Netherlands and our post Jerusalem trip included a 2 day extension in either Tel Aviv or in Petra, Jordan. The Jerusalem program was a great success and would not have been possible without the wonderful help and assistance that we received from Chicago’s Consul General to Israel, Aviv Ezra and his outstanding staff. Through their contacts and planning, we met with, and had access to, members of all three branches of Israeli government, and attended fascinating lectures and seminars on current events in Israel and the Mideast. I also want to thank CLE Director, Beth McMeen who did a wonderful job organizing the entire trip. My wife, Donna, and I loved being with the CBA members and guests who participated in this year’s overseas CLE program and will always treasure the camaraderie and lifelong friendships that we made on this amazing journey to one of the world’s most historic cities. The CBA is a family, and these events are not only educational, but fun and help bring us all closer together. CBA Committees I am pleased to report that attendance was up sharply this year at almost every one of the CBA’s 95 general bar committees and 27 Young Lawyer Section Committees. Under the theme of collegiality, I worked closely with the Committee Chairs to provide for creative ways to incent our members to come home to our beautiful headquarters building and attend commit- tee meetings in person. I want to shout out to two committees for the tireless and extremely important work that they have been doing for the CBA: (1)The Legislative Committee, chaired by Benjamin Orzeske has reviewed more than 80 proposed bills/ legislation scheduled for review by the Illinois State Legislature this year alone. Working with our legislative counsel, Larry and Tom Sufferdin, the CBA is one of the most effective local and statewide voices representing the highest and best interests of our legal profession. (2) The Judicial Evaluation Committee, chaired by Gerald Saltarelli has reviewed more than 414 candidates for elected and appointed
Renew Your Membership, Receive Free CLE Coupons Its membership renewal time at the CBA! In April, all members were mailed an annual dues renewal statement for the membership period June 1, 2019–May 31, 2020. As a spe- cial incentive for renewing early, if your dues payment is received byMay 31st, you’ll receive two free CLE coupons from the West LegalEd Center, coupon details available at www.chi- cagobar.org. Renewing is easy: online (www. chicagobar.org), by phone (312/554-2020), or by mail. Dues installment plan and financial hardship dues are available. And best of all–no dues increase for the 14th year in a row! We appreciate your past membership support and look forward to serving you in the coming bar year. Questions regarding dues statements should be referred to the CBA’s Membership Accounting Department at 312/554-2020 or email@example.com judicial positions this past year. Thanks to the extraordinary and highly professional work of this Committee, the CBA contin- ues to be recognized as the gold standard in the judicial evaluation process. The Future Each of us, regardless of our practice or pro- fessional/business employment, can make a difference in ensuring that Chicago’s legal profession will be stronger and more effective in serving our clients and those in need of justice today, tomorrow and into countless future tomorrow’s. Lawyers share a collective responsibility to maintain honor and dignity within the legal profes- sion, and to maintain it for this and future generations of lawyers. It’s been a singular honor for me to have represented Chicago’s legal community as President of the CBA. Thank you all for your service to our beloved association.
CBA RECORD 11
QUESTIONS AND ANSWERS FROM ISRAELI SUPREME COURT JUSTICE NEAL HENDEL CBA Group Visits the Supreme Court of Israel
The CBAs Delegation to Israel, pictured here in the Israeli Supreme Court.
President of the Supreme Court, i.e., the Chief Justice); two cabinet members (one of whom is the Minister of Justice); two Knesset members; and two representatives from the Israeli Bar Association. Dual Role The Supreme Court serves two roles: an appeals court and a court of original jurisdiction known as the “High Court of Justice.” Litigants may appeal to the Supreme Court as a matter of right – without certiorari – if they are appealing judgments from district courts (criminal cases involving a potential punishment of more than seven years’ imprisonment, and civil disputes exceeding approximately
By Adam J. Sheppard CBA Record Editorial Board T his year’s CBA CLE trip abroad was to Israel, with the CLE portion occurring in Jerusalem. Among the trip’s many highlights was a lecture by a member of the Knesset (“Great Assembly”/ legislature) and a private tour of the Israeli Supreme Court. We observed an oral argument, fol- lowed by a private lecture and a question and answer session with Supreme Court Justice Neal Hendel. Born and raised in the U.S., Justice Hendel attended New York University (undergraduate) and Hofstra University Law School. He immigrated to Israel in 1983. Before being appointed to the Supreme Court, he was a prosecutor in
a district court and then served as a judge in a magistrate court. The CBA group had many questions for Justice Hendel, and the outing sparked intriguing conversations about the role of the Court. Justice Hendel spoke to our group about the differences between the Israeli Supreme Court and the United States Supreme Court, some of which are described here. Non-Political Appointments The prime minister does not appoint Supreme Court justices, nor does the Congress (Knesset) conduct a confirma- tion hearing. Rather, justices are appointed by a Judicial Selection Committee. The nine-member Committee consists of three Supreme Court justices (including the
continued on page 14
12 APRIL/MAY 2019
The Chicago Bar Association 146th Annual Meeting
Tuesday, June 18, 2019 Luncheon
-Presiding- Steven M. Elrod Outgoing President The Chicago Bar Association
The Standard Club 320 S. Plymouth Court, 5th Floor Chicago, IL Reception ............................. 11:30 a.m. Living Room, 2nd Fl. Luncheon ............................. 12:00 p.m. Grand Ballroom, 5th Fl.
• Report of the Election Committee • Introduction of Officers and Board of Managers • Treasurer’s Report • Remarks by Outgoing President • Presentation of Lincoln Gavel to Incoming President -Remarks- Jesse H. Ruiz President The Chicago Bar Association 2019-2020
$75 per person | $750 table of ten
Secial thank you to LexisNexis.
For reservations: Please make your reservations by June 16, 2019. www.chicagobar.org/chicagobar/CBAAnnualMeeting 312-554-2132 or firstname.lastname@example.org
The Chicago Bar Association Officers 2019-2020
President-------------------------------------------------------------------------------------Jesse H. Ruiz First Vice President -------------------------------------------------------------------Maryam Ahmad Second Vice President--------------------------------------------------------------- E. Lynn Grayson Secretary--------------------------------------------------------------------------------- Ray J. Koenig III Treasurer ----------------------------------------------------------------------------Timothy S. Tomasik Immediate Past President ----------------------------------------------------------- Steven M. Elrod
Board of Managers 2019-2020
Trisha Rich* Federico M. Rodriguez Ajay N. Shah* Adam Sheppard Adam M. Zebelian* *New Members of the Board
Jonathan B. Amarilio* Octavio Duran* Sharon L. Eiseman Nina Fain
Charles P. Golbert* Hon. LaShonda A. Hunt Hon. Diane J. Larsen Kathryn C. Liss
Hon. Lori E. Lightfoot Michael R. Lufrano* Lauren S. Novak* Hon. Nichole C. Patton*
Outgoing Members of the Board of Managers
Mark B. Epstein Michael J. Kaufman Hon. Thomas R. Mulroy Matthew A. Passen
Greta G. Weathersby Zeophus J. Williams
Brandon E. Peck Mary Robinson John C. Sciaccotta Helene M. Snyder
Age Limits Israeli Supreme Court justices may not serve past the age of 70. Number of Justices A resolution of the Knesset sets the number of Supreme Court justices. Currently, there are 15 Supreme Court justices, though there have been fewer in prior years. An ordinary panel consists of three justices. A single justice may hear certain matters, such as applications for temporary orders or petitions for leave to appeal. Five justices sit for a rehearing, and a larger number of uneven justices may sit on issues of funda- mental importance. Location/Building The Court sits in Jerusalem, about a five-minute walk from the Knesset. The Court features an old-world exterior with a modern, inviting interior. The New York Times architecture critic, Paul Goldberg, described the Court as “Israel’s finest public building.” Caseload According to Court statistics, approxi- mately 10,000 proceedings are initiated in the Court annually. A panel of justices hears about 40% of those proceedings, while single justices generally decide the remaining matters.
RESEARCH AND WRITING ASSISTANCE The team of experienced attorneys at LegalRe- search.com now offers discounted services to CBAmembers–onyourterms, yourscheduleand your budget.Visit www.legalresearch.com/CBA for more information or call 844/638-6733 for a free consultation. $300,000). Litigants must petition for leave to appeal when appealing a judgment from a magistrate court (criminal cases where the punishment is up to seven years’ imprisonment, and civil disputes involving less than approximately $300,000) or judg- ments from the Military Court of Appeals. As the High Court of Justice, the Court decides matters that do not fall under the jurisdiction of any other court. It hears petitions by any person (not only resi- dents or citizens of Israel) against public bodies and governmental authorities. For example, the Supreme Court conducts judicial review of legislation. Elevated Role of the Court Israel does not have a constitution. Rather, it has legislation known as “Basic Laws.” The Court has thus assumed a seminal role in guarding civil and human rights. The Court adheres to stare decisis (bind- ing precedent).
WELCOME RECEPTION FOR MAYOR LORI LIGHTFOOT
Join us on Wednesday, May 29, from 5:00 p.m.– 6:30 p.m. in the Grand Ballroom of the Chicago Standard Club, 320 S. Plymouth Court, Chicago, IL 60604 as we welcome Chicago’s 56th Mayor, the Honorable Lori Lightfoot. Light appetizers and cash bar available. This reception is only open to members of the co-sponsoring bar associations listed below. Gold Sponsors: The Chicago Bar Association | Lesbian and Gay Bar Association of Chicago | Serbian Bar Association of America. Silver Sponsors: Advocates Society | Appellate Lawyers Association | Asian American Bar Association | Catholic Lawyers Guild of Chicago | Cook County Bar Association | Decalogue Society of Lawyers | Justinian Society of Lawyers Puerto Rican Bar Association | Women’s Bar Association of Illinois. The reception is not open to the public, and you must register at www.chicagobar.org/ chicagobar/Lightfoot WANTED: YOUR EMAIL ADDRESS By providing us your email address, you will: –Receive the CBA e-Bulletin every Thursday. –Receive timely notices of your committee meetings, topics and speakers. –Cut down on the amount of mail and faxes the CBA sends. To notify us of your email address, call 312/554- 2135 or send an email to email@example.com including your name, phone, email address and CBA member number. Please note that the CBA does not provide or sell member email addresses to outside entities nor will we bombard youwith unnecessary emails. Thank you!
Law At The Library
The CBA is proud to partner with the Chicago and Evanston public library systems to offer a free monthly legal information series offering practical insight for the general public into a wide variety of everyday legal topics. CBAmemberswill offer their legal expertise in free seminars thatwill beheldeachmonthat Chicago’s HaroldWashington Library and the Evanston Public Library. The sessions are free and registration is not required. For a complete schedule of dates, go to lrs.chicagobar.org.
14 APRIL/MAY 2019
CBA CAREER CENTER
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• POST multiple resumes and cover letters or choose an anonymous career profile that leads employers to you • SEARCH and apply to hundreds of fresh jobs on the spot with robust filters • SET UP efficient job alerts to deliver the latest jobs right to your inbox • ASK the experts about your career issues
CLE & MEMBER NEWS
The CBA is your local spot for MCLE
N-Z Lawyers Meet Your UpcomingMCLERequirement throughFreeCBACLE
Register for a Seminar Today 312/554-2056 www.chicagobar.org
I f your last name begins with N-Z, you need to complete your 30 hours of Illinois MCLE credit by June 30, 2019. Don’t wait until the last minute! Take advantage of the CBA’s free on demand CLEWebcasts and free noon hour commit- tee meetings (attend live or viaWebcast). Members can also access unlimited
CBA and YLS seminars of their choice through our CLE Advantage Plan for only $160 (includes live, Webcast and DVD formats-current plan runs through May 2019). To sign up for the CLE Advantage Plan call 312/554-2058. Formore informa- tion regarding MCLE reporting require- ments, visit www.mcleboard.org
Dues Auto Pay Plan Now Available W ish you could spread your dues payments throug out the year? Tired of getting monthly invoices from the CBA? Want to save on stamps, envelopes and bill payment time? Looking for free CLE coupons? If you answered yes to any of these questions, you should sign up for the CBA’s Dues Auto Pay Plan which allows you to automatically bill your CBA membership dues to your designated credit card on an monthly, quarterly, semi-annual or annual basis. All we need is your authorization and enrollment form. This is a great way to save time and ease up on your budget. See complete details and enrollment form at www.chicagobar.org, or call 312/554-2020. Installment plans apply to dues only. CLE Advantage fee, voluntary contributions and monthly membership charges are not included in this option. Auto- matic charges will begin on June 1
Learn from Experts and Earn CLE Credit at Free CBA and YLS Committee Meetings
D id you know the CBA hosts approximately 80 practice area committee meetings every month during the noon hour that all members can attend live or via web- cast, all at no extra cost and offering fee Illinois CLE credit? Recent topics have included: Bitcoin basics, ARDC ethics update, tips for winning motions, pension derisking T he West LegalEdcenter can help you keep current in your practice area anywhere, anytime.Withmore than 65 respected CLE providers, theWest LegalEdcenter offers hundreds of online CLE programs including most CBA and YLS seminars. And now, you can access two free CBA seminars on the West LegalEdcenter, by renewing your CBA membership by May 31, 2019. To receive this special offer, send in your dues payment by May 31, 2019
strategies, what tax advisors need to know, elder care, mindfulness practices, pending family law legislation, andmuch more. Check the weekly ebulletin every Thursday to see current committeemeet- ing titles, speakers and amount of free CLE credit. Any member can attend any meeting and new members are always welcome (ie, you do not have to be on the committee roster to attend).
Free Seminars fromWest LegalEdcenter
and make sure the CBA has your email address on file since the coupons are sent via email only (include your email address on your dues remittance stub or call 312/554-2135). In June 2019 and January 2020, youwill receive an email with your free registra- tion information. Formore information on theWest LegalEdcenter and to see current program listings, visit www.chicagobar. org and click on the CLE tab, then West LegalEdcenter.
16 APRIL/MAY 2019
Savings and more!
The Chicago Bar Association
MEMBERSHIP EXCLUSIVES AAA Memberships and Discounts 217-398-3621 ext.514 • firstname.lastname@example.org Save 20% on AAA memberships and you may be able to qualify for additional savings on home and auto policies. Amata Law Office Suites/Reception Services 877-262-8204 • http://amatavirtualservice.com/ Use promo code CBA01 to get exclusive pricing on professional answering services. Avis Car Rentals 800-698-5685 • www.avis.com/chicagobar Use the Avis Worldwide Discount (AWD) # A851600 every time you rent to receive up to 25% off. Budget Car Rentals 800-455-2848 • www.budget.com/chicagobar Use your Budget Corporate Discount (BCD) # T720200 every time you rent to save up to 20%. Cognos HR www.cognoshr.com/cba Human resources services including payroll, benefits administra- tion. Members get first month of HR services (PEO) free. Credible Student Loan Refinancing 866-540-6005 • www.credible.com/partners/Chicagoar Fill out one form to receive personalized offers from multiple lend- ers, and compare them side-by-side on your dashboard. LawPay/Credit Card Processing 866-376-0950 • www.lawpay.com/cba A secure, online way to accept credit cards in their practice. Members get first 3 months free. LexisNexis 312-385-9706 • www.lexisnexis.com/bars Get valuable member benefit discounts and legal resources to help you excel including solo/small firm member pricing. Magazine Subscriptions - Lowest Prices Guaranteed 800-289-6247 • www.buymags.com/chbar Get low professional rates on magazine subscriptions. National Purchasing Partners 800-810-3909 • mynpp.com/association/chicago-bar-association Discounts for your firm and its employees on Expedia, Staples, Verizon (if eligible) and more. News Exposure Email Steve at sbainnson@NewsExposure.com News Exposure monitors broadcast, print, internet and social media and provides metrics. United Parcel Service 630-628-4159 • www.savewithups.com/cba Save up to 49% on shipping with preferred rates.
Law Practice Management & Technology:
BlueTie Securely find and retrieve client information,anytime, anywhere. Members get a 10% discount. www.bluetie. com/technology-innovation/bluetie-vault-for-law-firms or 800-BLUETIE Casetext Get unlimited access to Casetext powered by CARA A.I., for easy-to-use, fast and relevant legal research. Members save 30% off an annual subscription. https://casetext.com/ chicagobar EsqSites ESQSites offers simple to use website platforms and hosting. Members get up 25% discount on setup fees with code “CBA.” 877 SITES 123 or www.esqsites123.com LegalResearch.com Research, case-specific analysis and accurate writing solutions. Members save 15% on on-demand legal research and writing services. www.legalresearch.com/CBA or 844-638- 6733 Logikcull The Instant Discovery platform for modern legal teams. Members receive 25% off Logikcull’s premium product - no subscription necessary. www.logikcull.com/chicago MyCase A web-based legal practice management software that covers all the daily functions of the modern law office. Members get a 10% lifetime discount. http://bit.ly/ChicagoBarAssoc or 800- 571-8062 One Legal Members save 10% on eFiling, eService, court research and document retrieval, and 15% on full-service eFiling by email. onelegal.com/chicagobar PracticePanther Case management software that helps attorneys easily manage their time, expenses, client communications, billing, matters, and more. Members get a special 10% first year discount. www.practicepanther.com/chicago-bar or 800-856- 8729 Rocket Matter A total legal practice management cloud-based platform. Members get a 15% lifetime discount on a month-to-month subscription.www.rocketmatter.com/chicagobar or 877-785- 8981 Ruby Receptionist Creating real, meaningful connections with your English and Spanish-speaking callers. Members receive exclusive pricing. www.callruby.com/chicagobar or 866-611-7829
Chicago Bar Foundation Report
The CBF Legal Aid Academy Celebrating Ten Years of A+ Training
By Patrick Wu CBF Intern F or the past ten years, the CBF Legal Aid Academy has provided free, high-quality training and profes- sional development opportunities for hundreds of legal aid attorneys to develop valuable skills so that they can better serve our community. With the help of gener- ous pro bono contributions of time and expertise from attorneys, law firms, and CLE providers, the Academy has been able to continuously provide these professional development opportunities for Chicago’s legal aid community. Why the Legal Aid Academy? Chicago’s pro bono and legal aid organiza- tions are top notch, teeming with some of the best lawyers in their respective fields. Even the most dedicated legal aid lawyers in these organizations, however, can face daunting challenges to making long-term commitments to these vital careers. Financial challenges can be very real for The CBF Legal Aid Academy relies on pro bono contributions to provide both coordinated and customized training. To learn more about how you can help, please contact the CBF’s Senior Manager of Advocacy & Engagement, Angela Inzano at email@example.com, 312/554- 4952
lawyers making relatively modest public service salaries while carrying mortgage- sized student debt. This issue tends to get most of the attention in this area, and justifiably so. But as a groundbreaking study in 2006 detailed, there are other key supports—such as access to high-quality training and professional development— that also play an integral part in making legal aid a viable long-term career path. The study found those types of opportunities were too often out of reach for lawyers in legal aid, contributing to lawyers leaving this work prematurely. While legal aid organizations provide outstanding training to their lawyers in their fields of substantive expertise, they often struggle to find the time and
resources to train their attorneys on the other skills required to succeed in these careers. Based on these findings and discus- sions with law firm professional develop- ment directors and consultants, the CBF developed an innovative new pro bono program to help fill this gap. Types of Training Provided The Legal Aid Academy provides training through two types of programs: • Customized Training: Firms, legal con- sultants, and members of the legal com- munity create free training programs that are customized for the needs of the legal aid community • Coordinated Training: Legal aid attor- neys join already existing training
18 APRIL/MAY 2019
INVESTING IN JUSTICE CAMPAIGN 2019
Justice People Deserve, Not Just What They Can Afford.
Everyone deserves equal access to justice. For the 13th year, Chicago’s legal community has once again shown great leadership through the CBF Investing in Justice Campaign, making it possible for tens of thousands of people in need to get critical legal help. The Campaign proves that lawyers and other legal professionals can have a huge impact when we come together around this cause, helping build a fairer, stronger, and better community for everyone. Our thanks to 2019 Campaign Chair Linda T. Coberly of Winston & Strawn, to the Campaign Leadership Team, to the thousands of individuals making personal contributions, and to the approximately 150 participating law firms, corporate legal departments, and other organizations.
2019 Campaign Participants Allstate Insurance Company Ankura Arnold & Porter LLP Aronberg Goldgehn Davis & Garmisa Baker McKenzie LLP BakerHostetler Banner & Witcoff, Ltd. Barack Ferrazzano Kirschbaum & Nagelberg LLP Barnes & Thornburg LLP Bartlit Beck Herman Palenchar & Scott LLP BDO USA, LLP Benesch Friedlander Coplan & Aronoff Bloomberg Law Brinks Gilson & Lione Bryan Cave Leighton Paisner LLP Burke, Warren, MacKay & Serritella, P.C. Carmel Law, LLC CBRE
The Law Office of Phillip J. Sprouse Law Offices of Jason Han LegalServer Levenfeld Pearlstein, LLC LexisNexis Littler Mendelson P.C. Locke Lord LLP Loeb & Loeb LLP Mandell Menkes LLC Marshall Gerstein Borun LLP Mayer Brown LLP
Porter Wright Morris & Arthur LLP PricewaterhouseCoopers LLP Proskauer Rose LLP Pugh, Jones & Johnson, P.C. Quarles & Brady LLP Quinn, Emanuel, Urquhart & Sullivan, LLP
Edelson PC Eimer Stahl LLP
Faegre Baker Daniels LLP Figliulo & Silverman, P.C. Foley & Lardner LLP Franco Moroney Buenik LLC Franczek P.C. Freeborn & Peters LLP Global IP Law Group, LLC Goldberg Kohn Ltd. Goldstein & McClintock LLLP Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd. Grant Thornton LLP Grant Law, LLC Hawkins Parnell & Young LLP Heyl, Royster, Voelker & Allen, P.C. Hinshaw & Culbertson LLP Holland & Knight LLP Honigman LLP Hoogendoorn and Talbot LLP Horwood Marcus & Berk Chartered Hyatt Corporation Ice Miller LLP The Illinois Judges Foundation INTREN, LLC Jackson Lewis P.C. Jenner & Block LLP Jones Day K&L Gates LLP Katten Muchin Rosenman LLP Katz & Stefani, LLC Kennedys CMK Kirkland & Ellis LLP
Chapman and Cutler LLP Charles River Associates The Chicago Bar Association The Chicago Bar Foundation Chico & Nunes, P.C. Chuhak & Tecson, P.C. Clark Hill PLC Clifford Law Offices CME Group Inc. Consilio Corboy & Demetrio Cozen O’Connor Crowe LLP Deloitte Dentons US LLP Discover Financial Services DLA Piper LLP (US) Drinker Biddle & Reath LLP Duane Morris LLP Dykema Gossett PLLC
Sperling & Slater, P.C. Steptoe & Johnson LLP Stout
Nijman Franzetti LLP Nixon Peabody LLP Northern Trust Northwestern Pritzker School of Law Novack and Macey LLP Ogletree, Deakins, Nash, Smoak & Stewart, P.C. Oil-Dri Corporation of America Passen & Powell Pattishall McAuliffe Newbury Hilliard & Geraldson