CBA Record Feb-March 2018

FEBRUARY/MARCH 2018 CBA

Special YLS Theme Issue The Benefits of Belonging Making a Difference in the Way You Practice Law

SpecialSupplement IncludedinthisIssue

Success

is making

it to the game on time...and getting paid while you're there.

PAYMENT RECEIVED Client: Joe Smith Amount: $1,152.00

Invoice Payment Payment Detail

Jefferson&Hart 1234MainSt. Atlanta,GA30301 Phone:512-123-1234 Email:payments@jhlaw.com Web:www.jhlaw.com

Amount to Pay* $1,152.00 Invoice Number

123-A

004 Matter Number Cardholder Information

Have the best of both worlds LawPay was developed to simplify the way attorneys get paid, allowing you to run a more efficient practice and spend more time doing what you love. Our proven solution adheres to ABA rules for professional conduct and IOLTA guidelines. Because of this, LawPay is recommended by 47 of the 50 state bars and trusted by more than 50,000 lawyers.

Name

Pay Attorney

Joe Smith

January

2018

The experts in legal payments

LawPay.com/cba | 866-299-6061

LawPay is a registered ISO of Merrick Bank, South Jordan, UT

When Results Matter... Why Choose Anyone Else?

Collaboration with referring attorneys is unmatched

For over 30 years one of the top trial records in Illinois

Success rate of almost 98% of cases at trial

Record high verdicts and settlements in Cook, DuPage and Will Counties

Over $550 million in verdicts and settlements on behalf of our clients

55 West Wacker Drive, Ninth Floor , Chicago, Illinois 60601 • 312.629.2900 • www.McNabolaLaw.com PERSONAL INJURY • TRUCKING COLLISIONS • MEDICAL MALPRACTICE • PRODUCT LIABILITY • AVIATION LAW

CONTENTS

CBA RECORD

February/March2018 • Volume 32, Number 2

6 Editor's Briefcase

Create a Meaningful Life in the Law

SPECIAL YLS ISSUE: THE BENEFITS OF BELONGING 31 Returning on Your Investment in the YLS By Jonathan B. Amarilio

8 President’s Page

Keep the Judiciary Strong

12 CBANews 20 Chicago Bar Foundation Report

32

Cultivating Wellness in the Legal Profession By Christine P. Anderson

38 "Stage Right: The CBA Bar Show" By Mghnon Martin 41 Monthly YLS Socials Provide Casual, Valuable Networking Opportunities: Social Justice(s) By Daniel J. Berkowitz 42 Within Reach: Legal Community Strives to Crack Glass Ceiling By Katherine A. Welz

22 Murphy’s Law 28 InMemorium

JusticeWilliamCousins, Jr. and Judge Milton I. Shadur

46 Legal Ethics

The Impaired Lawyer–Our Individual Responsibility By John Levin

48 LPMT Bits & Bytes

Podcasts: The Radio of the Future Is Here Now By Catherine Sanders Reach

On the Cover This month's CBA Record cover celebrates the launch of @theBar, a new podcast from the Young Lawyers Section, in conjuction with Legal Talk Network. Pictured are some of our podcasters (left-right) Jack Sanker, Nykoel Kahn, Jonathan B. Amarilio, Mghnon Martin, and Alexander Memmen. Get the app and join the conversation at legaltalknetwork.com.

FEBRUARY/MARCH2018 CBA

SpecialYLSThemeIssue The Benefits of Belonging MakingaDifferenceintheWayYouPracticeLaw

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. Copyright2018byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.

SpecialSupplement IncludedinthisIssue

CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF Creating a Meaningful Life in the Law T here is an essential reason why you should belong to the CBA/YLS (as well as other local, state, and national bar groups): to create for yourself a meaningful life in the law. All you have to do is get involved. Yes, it is that easy. This month’s CBARecord, the annual Young Lawyers Section issue, focuses on the ben- efits of belonging to the YLS. I can think of nothing more important to a Chicago-area lawyer’s early career than active participation in the YLS and CBA. The Young Lawyers Section provides opportunities for young lawyers to become better lawyers. Involvement in the CBA/YLS naturally leads towards new experiences and people while broadening interests, skills, and one’s professional network. The first thing I did after receiving the letter that I had passed the bar exam (yes, a letter ‒ this was pre-www) was celebrate. The very next thing I did was join the CBA/YLS. Actually, I did more than just join. I went to meetings; I volunteered to do pretty much anything that was needed; I took advantage of seminars and social events. It was time well spent. Lawyers I met then remain friends now. Professional demands on you are greater than ever. So are demands on your time. This explains why I believe, more than at any time in the past decade, that continuing participation throughout one’s life is crucial. Membership furthers relationships, facilitates connections, and fosters collaboration with lawyers–some who are like you, and, impor- tantly, some who are not like you. Membership also helps you be more fulfilled, engaged, and successful in your work. And it opens you to different ideas and information outside your bubble that you otherwise would never have known. We live in an age of isolation due to virtual communication. Rather than in-person interaction, electronic devices have encouraged us to be insular, to draw inward, to detach ourselves from our surroundings, to be far too self-absorbed. Although the CBA/YLS has a strong online presence, still, it feels quite enlivening to meet and socialize face-to-face with fellow lawyers, and no other bar association can boast of as many in-person meet- As the adage goes, you get out what you put in. I have gotten so much more out of par- ticipating in the CBA/YLS than I have put in. Not even close. In terms of friendships and warm working relationships with diverse members of the bar. In terms of lifelong professional contacts. In terms of personal development and enrichment. In terms of collegiality. In terms of leadership opportunities. In terms of business (when I was in practice). In terms of serving the public interest, the legal system, and the legal profession. And in terms of the fun, the friendships, and the memories that I have had working with the CBA Record's caring and diligent professional staff (currently David Beam, Director of Publications, and Rebecca Martin, Manager of Advertising and Sponsorships) and, year-after-year, the talented editorial board (current members are listed at left). Both the CBA and YLS offer an impressive variety of opportunities to match your passions and suit your personal and professional needs as your lifework progresses. Get- ting involved is easier than raising your hand. Just show up at a meeting and volunteer, or indicate your interest via email or phone to a committee chair. M y constant CBA/YLS involvement has not only been instrumental in shaping my career, but it also has significantly influenced my life. I hope it does the same for yours. Rehearing: “Will you, won’t you, will you, won’t you, will you join the dance?”–Lewis Carroll, Alice’s Adventures in Wonderland ings, seminars, events, and luncheons as ours. You Get More Out of Belonging than You Put In

EDITORIAL BOARD Editor-in-Chief Justice Michael B. Hyman Illinois Appellate Court Managing Editor Amy Cook Amy Cook Consulting Associate Editor Anne Ellis Proactive Worldwide, Inc. Summary Judgments Editor Daniel A. Cotter Latimer LeVay Fyock LLC YLS Journal Editors-in-Chief Nicholas D. Standiford Schain Banks Kenny & Schwartz Ltd. Natalie Chan Sidley Austin LLP Carolyn Amadon Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Heyl Royster Angela Harkless The Harkless Law Firm Justin Heather Illinois Department of Commerce and Economic Opportunity Jasmine Villaflor Hernandez Cook County State’s Attorney’s Office Michele M. Jochner Schiller DuCanto & Fleck LLP Oliver A. Khan American Association of Insurance Services John Levin 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 William A. Zolla II The ZOLLaw Group, Ltd.

THE CHICAGO BAR ASSOCIATION David Beam Director of Publications Rebecca Martin Manager of Advertising and Sponsorships

6 FEBRUARY/MARCH 2018

Amata Law Offices A community of attorneys to share referrals, services

as you need them, and flexible space to meet your requirements.

AmataLawCenters.com Give us a call to book a showing at any of our 6 downtown locations: 877-738-1606

PRESIDENT’S PAGE BY JUDGE THOMAS R. MULROY Keep the Judiciary Strong

The Chicago Bar Association www.chicagobar.org OFFICERS President Judge Thomas R. Mulroy Circuit Court of Cook County First Vice President Steven M. Elrod Holland & Knight LLP Second Vice President Jesse H. Ruiz Drinker Biddle & Reath LLP Secretary E. Lynn Grayson Nijman Franzetti LLP Treasurer Executive Director Terrence M. Murphy Assistant Executive Director Elizabeth A. McMeen BOARD OF MANAGERS Jonathan B. Amarilio Alan R. Borlack Judge Thomas M. Durkin Mark B. Epstein Judge Shelvin Louise Marie Hall Robert F. Harris Maurice Grant Grant Law LLC

know that they need a lawyer to solve their particular problems. In 2015 one million Illinois residents went to court without a lawyer and almost two million New York state citizens did the same. The Illinois Supreme Court has insti- tuted many effective initiatives and pro- grams to help people use the court system with lawyers. Illinois lawyers try to allevi- ate this problem by working in the CBA’s Lawyer Referral Service, representing people pro bono and accepting clients on contingent fee bases. Despite those efforts, many individuals cannot engage a lawyer. Court costs and legal fees are rising; legal aid funding is dwindling and pro bono representation is declining. Lawyers need to volunteer even more of their time to insure that those who need counsel are helped during these recurring “budget crises.” Many people go to law school to help those with less; now is the time to remember that dream and make it a reality. Join with the Chicago Bar Association and the Chicago Bar Foundation to insure that those without resources can find a lawyer Chief Judge Lloyd A. Karmeier: “There are three branches of government but only ours works like it should.” The judicial branch of government is effective because people believe our courts are impartial and available to all. Chief Justice of the United States Warren E. Burger: “A sense of confidence in the courts is essential to maintain the fabric of ordered liberty for a free people….” (U.S. News &World Report, vol. 69, No. 8, Aug. 24, 1970) 68, 71 (address to ABA meeting, Aug. 10, 1970). Attacks assailing the credibility of the courts are reducing the public’s confidence in the judiciary. It is perfectly appropriate to comment that a court decision was and can use the system. Credibility of the Judiciary

T he members of the Chicago Bar Association and the Chicago Bar Foundation are committed to insur- ing that our justice system remains strong and available to all. This commitment is important because access to justice has become limited and attacks on the credibil- ity of our courts are increasing. If this con- tinues the system will lose its effectiveness and the public will lose confidence in it. Accessibility to Justice Although lawyers believe “America guar- antees access to justice for all,” many people are unable to effectively use the justice system because they cannot afford a lawyer. Legal assistance provided by the State has declined due to continuing budget concerns and this directly impacts lower income citizens. According to the Legal Services Corporation, 70% of those needing representation in civil cases involv- ing issues such as health law, consumer and finance law, housing, children & custody, education and disability cannot afford counsel and thus do not consult a lawyer if they have a problem. Thus, many of these people, if not most, do not even

Michele M. Jochner Michael J. Kaufman Daniel M. Kotin Pamela S. Menaker Paul J. Ochmanek, Jr. Matthew A. Passen Mary Robinson John C. Sciaccotta Helene M. Snyder Andrew W. Vail Greta G. Weathersby Zeophus J. Wiliams

8 FEBRUARY/MARCH 2018

Maximize Your Firm’s Profitability

Smokeball’s Firm Insights provide the business intelligence you need while you focus on doing what you do best - win cases. Regardless of how you bill, Smokeball gives you the insights to see which matters are profitable, which aren’t and what actions you should take to increase your law firm’s profitability.

855.668.3206 | smokeball.com | info@smokeball.com

wrong under the law or the facts; it is not proper to make personal attacks on the integrity of a judge or the courts. For example, on April 25, 2017 the Executive Branch issued this press release following a court’s decision in San Francisco: “Once again, a single district judge— this time in San Francisco—has ignored Federal immigration law to set a new immigration policy for the entire country. This decision occurred in the same sanctuary city that released the 5-time deported illegal immigrant who gunned down innocent Kate Steinle in her father’s arms. * * *This San Francisco judge’s erroneous ruling is a gift to the criminal gang and cartel element in our country, empowering the worst kind of human trafficking and sex trafficking, and putting thousands of innocent lives at risk. ” (President’s Press Secretary Sean Spicer) As Ndung’uWainaina, Executive Direc- tor for Policy and Conflict in Keyna, wrote in July 2017: While recognizing the right of elected officials to exercise their freedom of speech under the Con- stitution of Kenya 2010, it is grossly improper for them to personally attack members of the Judiciary through statements that question the dignity of the judge, or imply personal bias as the basis of a judicial ruling. Elected officials must take the lead in showing respect to judges, even if they disagree with specific judicial decisions.

Attention Law Student Members

In-House Counsel Committee

For only $12/year, there is no better way to

Are you an in-house attorney, looking for oppor-

jump-start your legal career. Law student mem-

tunities to network and learn with other in-house

bership offers youmany ways to learn about the

attorneys? The YLS has recently launched an

actual practice of law through free seminars,

In-House Counsel Committee and is currently seek-

networking events, practice area committee

ing new members. To receive notice, visit www.

meetings, career resources, and more. Learn

chicagobar.org/committees and select “In-House

what they don’t teach you in law school! Call

Counsel Committee” under the YLS committee

Kayla Bryan at 312/554-2135 or email kbryan@

listing to join.

chicagobar.org for more information.

It is not acceptable to criticize the system as being invalid, not independent or not credible. It shakes the foundation of gov- ernment and justice and the Chicago Bar Association will continue to speak against such contumacious attacks. Lawyer’s Responsibility Lawyers have the particular burden to help the disadvantaged access the justice system with counsel, regardless of income, race, religion, gender, and to continue to defend the integrity of the courts against contu- macious attacks. These times are difficult; budgets are being cut, attacks are being levied against judges and courts by influ- ential people. Lawyers’ raised voices and donated time are needed now more than ever. Continue to work with the CBA and with the Chicago Bar Foundation to sup- port access to justice and our judiciary.

Nielsen Career Consulting

Career Counseling For Attorneys

Strategies and support for your career in or out of the law • 30 Years of Experience • Over 3500 Clients

#FBF #CBAHistory

The Chicago Bar Association

Sheila Nielsen, MSW, JD

Myra Colby Bradwell was one of our nation’s leading advocates for women’s rights and played an important role in breaking through the barriers that restricted women from practicing law. As founder and owner of the Chicago Legal News she wrote many editorials about equality for women, and about the need for an association of lawyers in Chicago. Her December 1873 editorial was instrumental in The Chicago Bar Association’s formation in March 1874.

The Park Monroe 65 E. Monroe St., Ste. 4301 Chicago, IL 60603 (312) 340-4433 www.nielsencareerconsulting.com

10 FEBRUARY/MARCH 2018

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

325 North LaSalle Street, Suite 450 • Chicago, Illinois 60654 • Phone: 312-332-2872 • Toll-free: 877-374-1417 • Fax: 312-332-3112 www.LevinPerconti.com • www.nursinghomelaw.com Questions@LevinPerconti.com

RESTORATIVE JUSTICE IN CHICAGO Helping Communities Heal

Save the Date!

Member Appreciation Week is May 7-11

By Rosemary Thompson Editorial Board Member A s the stats below from the Criminal Justice Factsheet show, the status quo of law enforcement has been unsuccessful in stemming the tide of violent crime–especially with youngsters in the inner cities. A new venture in the application of restorative justice has united CBA members, teachers, clergy, cops, law students, and other volunteers to seek a solution to violence in too many of Chicago’s streets. Spearheading this effort, The John Marshall Law School has developed a Restorative Justice Project, headed by Professor Michael P. Seng and Judge Sheila Murphy (Ret.). Working as a team, all volunteers commit to implement restorative justice programs in some of Chicago’s at-risk middle schools. By influ- encing troubled kids before they become involved in gangs or fall head-first into the criminal justice system, the restorative

Free CLE Seminars, Raffle Prizes and Legal

Business/Technology Show. More details com-

justice programs offer kids an alternative to violence when it comes to problem-solving. Restorative Justice vs. Traditional Justice In modern society, there is a role for both types, depending upon the perpetrator and the gravity of the offense. Restorative justice may be most effective when used with pre-teen kids, but has also succeeded behind prison walls. An alternative to retribution, restorative justice programs endeavor to heal the perpetrator, the victim, and the community–in body, mind, and spirit–and forge healthy solutions when future conflicts arise. The theory behind restorative justice is that crime is an offense against the person and the com- munity–rather than the State. According to Professor Seng, “Restorative justice is harmony among people, restored after a time of discord.”

ing soon. Watch for email announcements and

postings on our website in early April.

In his book, Changing Lenses–A New Focus for Crime and Justice, author Howard Zehr observed that both approaches to seeking justice can be distilled as follows: Restorative justice asks: Who has been hurt? What are their needs? Whose obliga- tions are these? What are the causes? Who has a stake in this situation? How can we involve stakeholders to address causes and put things right? In contrast, traditional jus- tice asks:What laws have been broken?Who did it? What do the offender(s) deserve? Restorative justice is hardly a fuzzy, feel- good, new age concept. In ancient Sumer, approximately 2060 b.c.e., a legal code required restitution for violent offenses. Circa 1700 b.c.e., the Code of Hammurabi required payment for property damage. In biblical times, Exodus 22:1-14 specified restitution for property crimes. Under the Brehon Laws in Ireland during the 7th and 8th centuries, compensation was used as just recompense for most crimes. Here in America, the Mennonite, Quaker, and Amish faiths used restorative justice prin- ciples to heal their communities after crime when possible. Espousing a principled pacifism, these faith traditions viewed restorative justice intervention as a more humane alternative to harsh, State-imposed juvenile and criminal justice systems.

Criminal Justice Fact Sheet • From 1980-2015, prison population increased from roughly 500,000 to over 2.2 million. • Blacks and Hispanics made up about 32% of the U.S. population and 56% of prisoners in 2015. • The U.S. is about 5% of the world’s population, yet holds 21% of the world’s prisoners. • Black kids represent 32% of children arrested, 42% of children detained, and 52% of children whose cases end up in criminal court. • One in every 37 U.S. adults, or 2.7% of the population, is under correctional supervision . • 35% of black students in grades 7-12 have been suspended or expelled compared to 20% of Hispanics and 15% of whites.

12 FEBRUARY/MARCH 2018

How it Works in Practice In the school context, restorative justice programs seek to repair the harm by making the offender accountable to the victim and the community. Care must be taken by trained facilitators to gain the trust of all parties and establish dialogue that leads to the eventual healing of the episode for all. Using traditional circle ritual and structure to involve all interested parties, the restorative justice circle is a sacred space where absolute confidentiality is observed and respected–not unlike the approach used by Alcoholics Anonymous. Restorative justice goals might include teachers and students working together to devise classroom experiences that transcend the harm and promote long-term healing. The collective nature of restorative justice takes time, and requires an action plan to transcend the trauma for all and, ulti- mately, to find a way to bring the offender back into the community. No Child is Born Bad As recounted inThomas Cahill’s bestseller, A Saint on Death Row–The Story of Domi- nique Green , at-risk children are frequently victims of abuse or ignored by society and left to fend for themselves. Young Domi- nique was a street kid who protected his younger sibling as best he could–even if it meant spending the night together in a dumpster. Young Dominique’s mother was deeply disturbed, and meted out discipline to her children by putting cigarettes out in their palms or holding their little hands over a lit gas stove. When Dominique was 6 years old, two “friends” of his father broke into their house intending to kill Dominque and his younger brother; they also planned to rape his mother in retalia- tion for a drug deal gone bad. They did not succeed. The following year, Dominique endured another trauma—he was raped by a clergy member at the parochial school he attended. As life unfolded unhappily for Dominique, he, like other abused kids, viewed his life as valueless and became involved in on-going skirmishes with the law. At the age of 18, Dominique and 3 other boys were arrested for the shooting of a man outside of a convenience store. Dominique may have joined in the rob-

bery, but insisted that he was not the trig- german. Notwithstanding legal errors and protests from the victim’s family, Domi- nique spent the last 12 years of his life on death row, and was executed. During these 12 years, Dominique underwent a pro- found healing and grew from a neglected, abused teenager into a man of character. Beginning with other death row inmates, Dominique found his vocation. He taught them forgiveness, urging other inmates to forgive anyone who had harmed them, and if possible, seek forgiveness from those they had harmed. By his kindness and example, Dominique became a spiritual guide for other prisoners on Death Row. As a member of Dominque’s legal team, retired judge Sheila Murphy came to know Dominique well. In time, she earned his trust and Dominique poured out to her his life story–abuse by an alcoholic mother, an absentee Dad, a devoted grandmother who died when Dominique was only 9 years old. Yet, notwithstanding all the horror and abuse he endured, Dominque turned his life around in prison, educating himself and other prisoners while reaching out to the world. One of his lawyers gave Domi- nique a book by Archbishop Desmond Tutu, who spearheaded South Africa’s Truth and Reconciliation Commission, entitled “No FutureWithout Forgiveness.” Subsequently, a correspondence began between the two men. Archbishop Tutu came to see Dominique and later said, “Dominique is a good advertisement for God.”The “Arch”, as he is called, contacted the widow of the victim. She told Tutu that she was certain that Dominique did not shoot or kill her husband, and did not want him to be executed. In the words of Sheila Murphy, or “Mom” as he called her, “If only Domi- nique had the benefit of a restorative justice program in his early years. It was because of Dominique that I approached Professor Michael Seng with the idea of a Restorative Justice class at The John Marshall Law School. I vowed to continue the struggle and save others from the pain, sorrow, and death that Dominique suffered.”

Wan t t o know mo r e abou t restorative justice? Restorative Justice in Practice: A Holistic Approach, edited by Shelia M. Murphy and Michael P. Seng, is now available from Vandeplas Publishing.

NATIONAL PURCHASING PARTNERS

The CBAhas partneredwithNational Purchasing Partners (NPP) to offer members discount pric- ing on a variety of products. Employee discounts also available.To learnmore, visit www.mynpp. com or call 800/810-3909.

CBA RECORD 13

The Chicago Bar Association celebrated International Women’s Day with Tina Tchen (left), former Chief of Staff to Michelle Obama and Director of the Obama White House Council of Women and Girls. Pictured with Tina are CBA President Judge Thomas R. Mulroy (center) and event organizer E. Lynn Grayson (right), Nijman Franzetti LLP. Thanks to Lynn for organizing a wonderful day of events!

Residential and Commercial Closings

Patrick Healy | Phealy@citywidetitle.com www.citywidetitle.com

14 FEBRUARY/MARCH 2018

Write for the CBA Record The CBA Record, a multifaceted journal published seven times a year for members of the Chicago Bar Association, seeks your input. Issues include fea- ture articles, commentary on legal developments and recent decisions, how-to articles, opinion pieces, discussions of ethical issues, and activities of interest to our members.

To register, call 312-554-2056 or visit www.chicagobar.org. Programs are held at the CBA Building, 321 S. Plymouth Ct., Chicago, unless otherwise indicated above. Seminars are also Webcast live (as well as archived) at www.chicagobar.org and West LegalEdcenter. Visit www.chicagobar.org/cle for more information. The CBA is an accredited continuing legal education provider in Illinois. March 27 • 1:45-2:45 p.m. • Members Free Planning for Disgruntled Beneficiaries March 27 • 2:00-5:00 p.m. Advising a Multinational - A foot in Each of Two Countries March 28 • 3:00-6:00 p.m. Workshop: Use ToDoist to Help Lawyers Manage Tasks March 29 • 2:00-3:00 p.m. Time’s Up on Workplace Harassment March 29 • 12:00-2:10 p.m. Navigating the Educational System with Homeless/Foster Care Students March 29 • 3:00-6:00 p.m. Empowering Families Affected by Mental Illness April 9 • 3:00-6:00 p.m. How To... Use Key Performance Indicators to Increase Law Firm Profitability April 10 • 1:45-2:45 p.m. • Members Free Emerging Issues in Consumer Bankruptcy April 10 • 3:00-6:00 p.m. Workshop: Microsoft Word 2016 for Mac April 12 • 2:00-3:00 p.m. Extreme Makeover: Law Firm Website Edition April 11 • 12:00-1:30 p.m. Trade Secret Investigation & Protection April 18 • 12:00-1:00 p.m. Environmental Law: Climate Change March 21 • 3:00-6:00 p.m. • Location: Winston & Strawn LLP Free Speech and Peaceable Assembly Meet Hate Crime, Demonstrations and Terrorism March 22 • 3:00-6:00 p.m. How to Respond to an ARDC Inquiry/Complaint Letter March 27 • 12:00-2:15 p.m. How To... Create Discoverable Communication Beyond Email with Nextpoint CLE In-Person • Webcast THE CHICAGO BAR ASSOCIATION Continuing Legal Education

To obtain a copy of ourWriter’s Guidelines, go to www.chicagobar.org and look for the CBA Record under the Resources Tab.

Discounted Parking Now Available Near CBA Building CBAmembers can park for just $12 at the 75W. Harrison parking garage (enter off Harrison, between Clark and Federal Streets) Monday through Friday for up to 12 hours (enter anytime but must be out by midnight). Just a 6 minute walk from the CBA Building, 321 S. Plymouth Ct., Chicago.The garage is fully heated with covered parking and valet service. To receive the discounted rate, enter at 75. W Harrison and push the button at the entry station. You will receive 3 tickets (one to validate at the CBA for discounted rate, two for the valet attendants). Be sure to take your parking ticket with you for validation in the CBA Building lobby. Ticket must be validated at the CBA to receive the discounted rate! Upon returning to the garage, hand your valet ticket to the attendant to retrieve your vehicle then insert your validated parking ticket into the pay station. Pay with cash or any major credit card. The pay station will return your paid ticket to you. Once the attendant retrieves your vehicle, insert your paid ticket into the exit station to lift the gate and exit. Monthly parking also available for $250 per month including 24/7 access with in and out privileges. For more info, visit www.75wharrison.com/cbaparking or call 312/494-9135

Having Trouble Logging In?

To access the members only section on our website, enter your CBA member

number as your account number (do not enter any leading 0’s in your member

number) and then enter your member number followed by your last name (all

lower casewithno punctuation or spaces) as your password. Forgot yourmember

number? Call 312/554-2135.

CBA RECORD 15

CBA PARTNERS WITH LEGAL TALK NETWORK TO CREATE NEW PODCAST Subscribe to @theBar

T he Chicago Bar Association recently launched their new show called @theBar. This fresh new approach to the interview format features scriptless conversations with some of the law’s most influential minds in a raw and refreshingly honest manner. Primarily hosted by CBA Young Law- yers Section Chair Jonathan Amarilio, this monthly production features a rotating assortment of co-hosts to keep the view- points constantly changing with often unexpected responses to guest interjec- tions. The rhetoric is straightforward and often times very blunt, but the natural back and forth from host to guest keeps the conversation moving in exciting and surprising ways. Every episode ends with Stranger Than Legal Fiction, a segment about strange laws in the United States; each person on the podcast has to guess which of two strange laws actually exists. “Tune in and join the conversation. This is going to be fun”, says host Jonathan Amarilio. “The CBA–in partnership with LTN–continues to show why its a thought leader in the legal community and why the CBA brand remains so strong during a time of turbulent change in the legal profession.” The inaugural three episodes feature an esteemed lineup of guests. Episode one

has retired Judge Richard Posner of the United States Court of Appeals for the Seventh Circuit in a candid conversation about his ideas for helping pro se clients, what role he thinks judges should play in reviewing evidence, and why he dreams about donkeys. In episode two, Jonathan Amarilio and co-host Nykoel Kahnare are joined by Illinois State Representative Greg Harris for a spirited exchange about the state’s budget crisis and how Representative Harris thinks we got there. And in episode three, Brian Cuban shares his gritty hard knocks true life story of beating addiction and body dysmorphic disorder to come through on the other side with his wife and a new career. Legal Talk Network is a podcast network for legal professionals with hosts fromwell- known organizations and brands in legal, including the American Bar Association, Thomson Reuters, The Florida Bar, Robert Half Legal, Above the Law, and Northwest- ern Pritzker School of Law. The network averages over 250,000 monthly downloads and has more than 20 active podcasts that cover industry trends and events, important legal news and developments, including access to justice, law school, legal technol- ogy, and the future of law. “The new ‘@theBar’ podcast series, sponsored by the CBA’s award winning

Young Lawyers Section, features thought provoking, insightful, and penetrating discussions with notable professionals, authors and legal experts on a wide range of timely topics and issues of interest to America’s legal profession,” said The Chi- cago Bar Association’s Executive Director Terrence M. Murphy about the show. @theBar wi l l cont inue as a monthly podcast covering legal news, topics, and stories as well as anything else of interest to The Chicago Bar Association members and lawyers as a whole. For more information about this podcast, visit legaltalknetwork. com. You can also subscribe on ApplePodcasts, GooglePlayMusic, other podcast apps, or download the Legal Talk Network app.

UPS is not just in the shipping business, we are in the pushing-what’s-possible business, the problem-solving business.We strive to efficiently manage the world of business as the market continues to change by offering a broad range of solutions including the transportation of packages and freight; the facilitation of international trade, and the deployment of advanced technology. We’re creating a network of opportunities: UPS Access Point locations, neighborhood stores designed to make online shopping easier and delivery more convenient. From shipping and receiving your packages to integrating our locations into your business, we can help make your life easier. UPS also partners with local organizations in order to support small businesses. We offer discounts of up to 49% to the members of CBA (www.savewithups.com/cba) or call 630-628-4159 Save on UPS with The Chicago Bar Association

16 FEBRUARY/MARCH 2018

We offer a full range of Wealth Management Services 1 : Personal Trust and Estate Services Trust Administration Revocable and Irrevocable Trusts Guardianship and Special Needs Trusts Directed, Complex or Disputed Trusts Charitable Trusts Estate and Trust Settlement Business and Closely Held Asset Advisory Management Investment Management Asset Allocation

Close working relationships. Skilled professional assistance.

Helping clients achieve their wealth management objectives.

First Midwest Wealth Management strives to be the corporate fiduciary of choice for families and individuals that need skilled professional assistance with their estate plans. • We willingly accept difficult situations including disputed trusts. • We coordinate with trust and estate attorneys. • We have over $10 billion in assets.

Portfolio Management Investment Strategies Individual Retirement Accounts Custodian Services Trade Settlement Corporate Actions Reporting Wealth Planning Consultation Estate Planning Retirement Planning

Business Succession Planning Liquidity and Cash Flow Analysis Philanthropic Planning Real Estate and Agricultural Services Farm Management Land Trusts 1031 Exchanges Consulting Institutional Asset Management Nonprofits, Foundations and Endowments Retirement Benefit Services Trustee, Administration and Recordkeeping

1 Wealth Management services are offered through First Midwest Bank. Most wealth management products are not FDIC insured.

Dedicated Private Banker Custom Credit 2 Personal Cash Management

FirstMidwest.com/Wealth | 800.369.4065

2 May be subject to credit approval. Property insurance may be required.

CLE & MEMBER NEWS A-M Lawyers–Meet Your Upcoming MCLE Requirement Through Free CBA CLE

The CBA is your local spot for MCLE

I f your last name begins with A-M, you need to complete your 30 hours of Illinois MCLE credit by June 30, 2018. Don’t wait until the last minute! Take advantage of the CBA’s free archived CLE webcasts and free noon hour committee meetings (attend live or via webcast). Members can also access unlimited CBA andYLS seminars of their choice through our CLE Advantage Plan for only $150 (includes live, webcast and DVD formats). For CBA CLE information, call 312/554- D id you know the CBA hosts approximately 80 practice area committee meetings ever y month during the noon hour that mem- bers can attend live or via webcast, all at no extra cost and offering fee CLE credit? Recent topics have included: Bitcoin basics, ARDC 2018 ethics update, tips for winning motions, pension derisking W ish you could spread your dues payments throughout the year? Tired of getting monthly invoices from the CBA? Want to save on stamps, envelopes andbill 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 mem- bership dues to your designated credit card on amonthly, quarterly, semi-annual or annual basis (no extra fees for this option). All we need is your authorization and enrollment form. This is a great way

2052. For more information regarding MCLE reporting requirements, visit www. mcleboard.org Note: The new PR-MCLE requirement for one hour of mental health/substance abuse PRMCLE and one hour of diversity/ inclusion PR MCLE begin with the July 1, 2017 through June 30, 2019 and July 1, 2018 through June 30, 2020 two-year reporting periods. These new credits are NOT required for the reporting period ending June 30, 2018. strategies, what tax advisors need to know, mindfulness practices, emerging legal issues with commercial space travel, 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. to save time and ease up on your budget. Plus, all members on the dues auto pay plan receive 3 free CLE coupons (one in June from the West LegalEdcenter, one in August from the CBA and the final one fromWest in January). See complete details and enrollment form at www.chi- cagobar.org under the Membership tab 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. Automatic charges will begin on June 1.

Register for a Seminar Today 312/554-2056 www.chicagobar.org

Is This Your Last Issue? I t could be, if your CBAmembership dues have not yet been paid or if you have an outstanding balance that is 90 days past due. Your one year free new admittee membership has expired and in accordance with the Association’s By-Laws, members who did not renew by February 28th received a notice of termination of membership. If you have not yet renewed yourmembershipor brought your membership account up-to- date, please do so now to keep CBA professional development programs, networking,mentoringand leadership opportunities, career advancement tips, community service events, free cle seminars, practice resources, mem- bers only savings and other benefits. We don’t want to lose you! CBA membership is more valuable than ever. Special free programming for recent lawschool grads include interac- tive job search and professional devel- opment seminars, one on one career counseling, new lawyer resource web page, mentoring programs, judicial roundtables, practice pointer videos, structured networking events, work/ life balance resources and more. Renewals may be made online at www.chicagobar.org, by phone 312/554-2020, fax 312/554-2054, or by mail. Call 312/554-2020withquestions regarding dues and other charges. Note: Members wishing to resign/ cancel are requested to indicate so in writing stating their reason for resigna- tion to avoid reinstatement fees in the future. Please send your resignation request to kbryan@chicagobar.org or write a short note on your statement and return it.

Learn from Experts and Earn CLE Credit at Free CBA and YLS Committee Meetings

Sign Up for Dues Auto Pay Plan and Get Free CLE Coupons

18 FEBRUARY/MARCH 2018

The Chicago Bar Association

MEMBERSHIP EXCLUSIVES

Law Practice Management & Technology Discounts: 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 Cosmolex All-in-one legal practice management software. Members save 10%. 866-878-6798 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 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 PacerPro Use PACER? Get PacerPro, the service used by top litigation firms nationwide. Members receive a special discount. www.pacerpro.com/accounts/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-member-benefit 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 Smokeball Smokeball empowers the small law firm to manage its emails and documents in the cloud. Members get 50% off the onboarding fee. www.smokeball.com/chicago-bar-association or 855-668-3206

Savings and more!

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%. 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. Fretzin Inc. 312-981-0119 • https://fretzin.com/lawyer-coaching-services Save 10% on marketing and business development programs for attorneys. Hotel Engine 866-782-9300 • hotelengine.com/join/chicagobar Save an average of 26% at more than 100,000 hotels across North America, South America, and Europe.

LawPay/Credit Card Processing 866-376-0950 • www.lawpay.com/cba

LawPay provides attorneys with 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, BestBuy, Office Depot, DocuSign, Verizon (if eligible) and more. United Parcel Service 630-628-4159 • www.savewithups.com/cba Save up to 49% on shipping with preferred rates.

www.chicagobar.org/save

Chicago Bar Foundation Report

The 2018 Investing in Justice Campaign Justice People Deserve, Not Just What They Can Afford

By Meredith Mazzuca, CBF Director of Marketing & Communications T here are moments in life that clearly determine our course. While, yes, the butterfly effect tells us that something as small as the shoes you wear one morning can alter human history, the line from cause to effect is often much more discernible in our daily lives. For some of the most vulnerable people in our community, these moments may happen in a courtroom. To Chicagoans who lack financial means, the outcome of a legal matter can mean the difference between shelter and home- lessness, between medical assistance and suffering, between productive work and unemployment, or between legal protection against domestic violence and continuing abuse. And the biggest factor in influencing that outcome? Proper legal representation. Lawyers and legal professionals have a unique understanding of the vast differ- ences for those who have legal representa- tion and those who do not. Studies con- sistently show that in contested matters in court, the outcome often turns on whether or not a person has representation: • Domestic violence survivors represented by an attorney can be 2.5 times more likely to successfully obtain a protective

order than those who do not have a lawyer. • Tenants facing eviction who were represented by a lawyer were six times more likely to win in court than unrep- resented ones. Generally, almost 90% of landlords are represented by a lawyer,

while less than 10% of tenants have representation. • The single greatest factor that affects whether an asylum seeker wins or loses in immigration court is whether the applicant has a lawyer. Over the course

20 FEBRUARY/MARCH 2018

When the Investing in Justice Cam- paign began in 2007, it raised more than $600,000 from about 1,600 individuals at 35 participating law firms and companies. The Campaign has come a long way since that auspicious beginning. Last year, nearly 5,100 individuals donated $1.51 million, raising the overall total to nearly $15 mil- lion over the course of the Campaign’s 11 years. One hundred percent of those dollars directly supports the work of more than 30 Chicago-area pro bono and legal aid organizations. Those contributions, in turn, have leveraged millions more in legal aid funding from the CBF’s foundation and government grant partners. We take pride that the Campaign is now the largest and most impactful initiative of its kind anywhere in the country and is considered a national model. However, the need to support our community remains great. We have proven through the Cam- paign that we can make a big impact in meeting this need. We are all asked to support a variety of worthy causes, but ensuring equal access to the justice system is distinctly important to us as lawyers and legal professionals. Whether you win or lose in court should not be determined by how much money you have. We understand the importance of these issues and can respond in a way that no other group of people can or would. While we all have important roles to play as individuals, the Campaign has proven that we have the power to sig- nificantly expand the capacity of our pro bono and legal aid system when the legal community comes together as one around this issue. Specifically, donations to the Campaign: • Leverage significantly more money from government and other foundations. • Benefit from the CBF’s rigorous grants process, which strategically allocates the Campaign funds to maximize impact and ensures accountability. • Save hundreds of thousands of dollars in other social services by enabling people to resolve legal problems before they spin out of control. With one gift to the Campaign, you support our community’s many outstand-

of a year, only 11% of those without legal representation, were granted asylum; with legal representation the odds rose to 54%. About 600,000 low-income and disad- vantaged people in Cook County will need legal help over the course of this year. Many thousands of moderate-income people who don’t qualify for free legal aid but can’t afford traditional legal help will face similar challenges. Despite the dedicated efforts of Chicago’s many outstanding pro bono and legal aid attorneys, less than half of those people will be able to get often-critical legal help due to a shortage of pro bono and legal aid resources. Your generous donations through the Investing in Justice Campaign make it pos- sible for tens of thousands more people in need to get that legal help each year. The Campaign is a community-wide effort through which thousands of lawyers and legal professionals at more than 150 par- ticipating law firms, corporations, the CBA and other organizations come together around the legal community’s common cause of ensuring that everyone has access to necessary legal help, not just those who can afford it. This month marks the 12 th year of the Campaign, which is chaired by Rebecca Eisner, Partner in Charge of Mayer Brown’s Chicago office. Rebecca Eisner, Partner in Charge, Mayer Brown, Chicago and Chair of the 2018 Investing in Justice Campaign

ing pro bono and legal aid organizations; make it possible for pro bono attorneys and market-based efforts to most effectively supplement the work of the overstretched legal aid lawyers; and underwrite innova- tive projects that make our justice system more user-friendly and accessible for people in need. When people in need face serious legal problems where their home, family, liveli- hood, or basic safety may be at stake, what happens to them next may likely turn on whether they have access to capable legal help. By supporting the Investing in Justice Campaign, you can become that decid- ing factor in someone’s life. Your gift will enable more low-income people to receive services vital to getting the right outcome and the justice they deserve. The CBA again is one of the organi- zations participating in the Campaign, and we encourage all CBA members to contribute at chicagobarfoundation.org/ campaign.

CBA RECORD 21

Made with FlippingBook flipbook maker