CBA Record February-March 2019
FEBRUARY/MARCH 2019 CBA
Special YLS Theme Issue Diversity of Opportunity Discover some of the incredible things your YLS colleagues are up to
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February/March2019 • Volume 33, Number 2
6 Editor's Briefcase Lead Like Lincoln 8 President’s Page The Model of Civility 12 CBANews 22 Chicago Bar Foundation Report 24 Murphy’s Law 46 Legal Ethics Paying for Online Referrals By John Levin 54 Summary Judgments
SPECIAL YLS ISSUE: DIVERSITY OF OPPORTUNITY
31 Diversity of Opportunity Thrives at the YLS By YLS Chair Brandon Peck
32 How Chicago Can Incorporate Lessons from Equitable Development– Building Inclusive, Affordable Communities By Barbara R. Barreno-Paschall and Clifford Helm
Animal Protection Laws in Illinois–How Much is a Pet Worth? By Anna Morrison-Ricordati
It Takes a Village of Attorneys–Screening for Relief from Deportation for Juveniles By Hillary Richardson and Meredith Turner-Woolley
Daniel A. Cotter reviews Russell Pelton’s Enemy in the Shadows
On the Cover This month’s CBA Record cover courtesy of Getty Images.
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.
SpecialYLSThemeIssue Diversity of Opportunity DiscoversomeoftheincrediblethingsyourYLScolleaguesareupto
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-in-Chief Natalie Chan Sidley Austin LLP
BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF
Lead Like Lincoln Are lawyers prepared to lead in the fast-paced digital age?
A new book by a New York University Law School professor contends today’s lawyers lack adequate training and know-how to be successful leaders. According to Prof. Anthony C. Thompson, “lawyers who lead without significant and focused exposure to leadership lessons often make the sort of judgments that can derail organizations or pervert entire systems, which makes them [we unprepared lawyers] dangerous.” Hence, the title, Dan- gerous Leaders: How and Why Lawyers Must Be Taught to Lead. I don’t buy Thompson’s premise that lawyers without grounding in leadership pose a danger, though it does make for a rather controversial claim. I do agree, however, that law schools and the profession would benefit considerably from instruction on leadership because leadership is not a subject usually studied in or after law school, and America has a tradition of lawyer-leaders. The best example is Illinois’ own, Abraham Lincoln. Thompson calls for lawyers to commit to “intersectional leadership.” Thompson thinks intersectional leadership will produce better and more effective lawyers, remedy performance deficiencies, and minimize disastrous outcomes. For me, the key elements that define Thompson’s intersectional leadership sound a whole lot like a summary of Lincoln’s leadership style. They include: (i) engaging a team of individuals bringing different traits, styles, and experiences; (ii) searching out diverse and independent views; (iii) working collaboratively, including subordinating one’s own interests for the common good; (iv) challenging assumptions and questioning agreement; and (v) placing moral integrity over personal interests. If you read Doris Kearns Goodwin’s Team of Rivals or know anything about Lincoln’s leadership methods, you too may recognize the parallels. Attributes of Lawyer-Leaders Here again are Thompson’s lawyer-leader attributes matched with statements by or about Lincoln’s leadership: Thompson: Lawyer-leaders cultivate and invite diverse views. Lincoln: “I do not impugn the motives of anyone opposed to me,” and “He has the right to criticize who has the heart to help.” Thompson: Lawyer-leaders derive insights from individuals whose interests, needs, and expectations diverge from their own. Lincoln: (by Kearns Goodwin) “form[ed] friendships with men who had previously opposed him,” and (by biographer William E. Gienapp) “displayed an absolute genius
Daniel J. Berkowitz Aronberg Goldgehn
Carolyn Amadon Jonathan B. Amarilio Taft Stettinus & Hollister LLP Ali Ammoura Cook County Public Defender's Office Amy Cook Amy Cook Consulting Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Heyl Royster Jasmine Villaflor Hernandez Cook County State’s Attorney’s Office Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss Schiller DuCanto & Fleck/DePaul University Family Law Center 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 Nicholas D. Standiford Schain Banks Kenny & Schwartz Ltd. Richard Lee Stavins
Robbins, Saloman & Patt, Ltd. Judge E. Kenneth Wright, Jr. Circuit Court of Cook County Rosemary Simota Thompson William A. Zolla II The ZOLLaw Group, Ltd.
for getting individuals of diverse viewpoints to work together.” Thompson: Lawyer-leaders subordinate personal ambition.
Lincoln: “I freely acknowledge myself the servant of the people,” and (by biographer William E. Gienapp) “He never lost sight of his larger objectives, yet he remained flexible in his approach and not afraid to change his mind or admit that he had been wrong.”
THE CHICAGO BAR ASSOCIATION David Beam Director of Publications Rebecca Martin Manager of Advertising and Sponsorships
6 FEBRUARY/MARCH 2019
Thompson: Lawyer-leaders consider options. Lincoln: “I shall do less whenever I shall believe what I am doing hurts the cause, and I shall do more whenever I shall believe doing more will help the cause. I shall try to correct errors when shown to be errors; and I shall adopt new views so fast as they shall appear to be true views.” Thompson: Lawyer-leaders act at all times with moral courage. Lincoln: “It often requires more courage to dare to do right than to fear to do wrong,” and “Be sure you put your feet in the right place, then stand firm.” Thompson’s book serves as a prompt to encourage law students and lawyers to acquire the skills and discernment to lead like Lincoln. Although Thompson does not say so, real danger lies in ignoring the leadership qualities employed by Lincoln. If done well, following Lincoln’s way of leading offers a path not only to avoid dangerous results, but also to achieve a great deal of good. Imagine the possibilities! Rehearing: “He was open to all impressions and influences, and gladly profited by the teachings of events and circumstances, no matter how adverse or unwelcome.” – Horace Greely on Lincoln. Neighborhood As A Habitat
ATTENTION LAW STUDENT MEMBERS
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Thursday, March 21, 3:00–6:00 pm, CBA Headquarters, 321 S Plymouth Court, Chicago, IL 60604 Presented By: Environmental Law Committee
Experience Level: Intermediate MCLE Credit: 2.75 IL MCLE Credits
This program will cover environmental issues that relate to the $1 Billion Bird: how Battles over Tthe California Gnatcatcher reveal rifts in Conservation Sci- ence and Law; the Challenges and Potential Solutions for Lead Pipes; the Ebb and Flow of the Public Trust Doctrine as the basis for State and Local Environ- mental Action. Participants include: Audrey L. Mayer, Professor of Environmental Science, Michigan Technological University; Danielle Gallet, Director of Water Resources, Metropolitan Planning Counsel; and Louise Dyble, Barnes & Thornburg.; and moderators Kristen Laughridge Gale, Nijman Franzetti, LLP; Chair, CBA Environ- mental Law Committee; and Stephanie B. Sebor, Winston & Strawn LLP; Vice-Chair, CBA Environmental Law Committee. Register at www.chicagobar.org
CBA RECORD 7
PRESIDENT’S PAGE BY STEVEN M. ELROD Judge Marvin E. Aspen–The Model of Civility
The Chicago Bar Association www.chicagobar.org
OFFICERS President Steven M. Elrod
Holland & Knight LLP First Vice President Jesse H. Ruiz
and the legal profession more accessible to, and reflective of, the community at large. I am proud to announce that the Chicago Bar Association has selected Judge Aspen to be its 2019 Vanguard Award recipient. Judge Aspen’s judicial career spans 48 years, beginning in the Circuit Court of Cook County in 1971. He served in Cook County’s Criminal Division for five years, and in Civil Law Jury for three years. In 1979 President Jimmy Carter appointed Judge Aspen to the U.S. District Court. He served as Chief Judge of the U.S. District Court from 1995-2002. During his distinguished career as a State Court Judge and as a U.S. District Court Judge, Judge Aspen chaired many important court committees that improved civil and criminal law and the administra- tion of justice. As a State Court Judge, he chaired the Recent Developments in Criminal Law, Evidence and New Judges Committee; served as a draftsman on the Illinois Supreme Court’s Commit- tee to revise the Illinois Criminal Code; chaired the Supreme Court’s Associate Rules Committee; and the Committee on Ordinance Violation Problems. Addition- ally, for nearly three decades Judge Aspen has taught courses in evidence, criminal law, trial technique and municipal law at Northwestern University Pritzker School of Law. My personal experience with Judge Aspen dates back to 1970 when he served on the staff of my father’s campaign for election to the office of Cook County Sheriff. Judge Aspen went on to work in the Cook County Sheriff’s office as a legal advisor, and to maintain a close, personal,
Drinker Biddle & Reath LLP 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
L ong before I took my CBA Presi- dential oath of office and made civility in the legal profession the cornerstone of my term of service, the case for civility was being championed by one of the most respected and revered judges in our City, U.S. District Court Judge Marvin E. Aspen. In the fall of 1989, then-Chief Judge of the Seventh Circuit Court of Appeals Judge William J. Bauer selected Judge Aspen to chair the Seventh Circuit’s Committee on Civility. In June, 1992 Judge Aspen’s Committee published its Final Report that included recommendations for professional conduct for lawyers and judges, and quickly became the catalyst for reform in our profession. Judge Aspen is the model of civility and an inspiration for us all. Each year, the Chicago Bar Association hosts the Vanguard Awards lunch cere- mony, at which 15 of the City’s bar associa- tions each select an individual to receive an award for achievement in making the 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 FEBRUARY/MARCH 2019
to chair the Court’s Civility Committee was visionary. Judge Aspen is a “Judges’ Judge,” and his outstanding demeanor and temperament, coupled with his con- siderable trial skills, knowledge of the law, experience, and wisdom, made him the perfect choice to lead the committee. Judge Aspen’s committee promulgated a series of “Proposed Standards for Profes- sional Conduct,” which sets guidelines of acceptable conduct in the following areas: Lawyers’ Duties to Other Counsel; Law- yers’ Duties to the Court; Court Duties to Lawyers; and Judges’ Duties to Each Other. In adopting Professional Standards, the report made it clear that the “Standards shall not be used as a basis for litigation or for sanctions or penalties,” which ensured that the new standards would not generate additional litigation. The standards are of course aspirational, but help “…clarify and articulate important values held by many members of the bench and the bar.” It is noteworthy that Judge Aspen’s committee suggested greater participation
DISCOUNTED PARKING NOW AVAILABLE CBA members can park for just $9 at the 75 W. 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.WHarrison and push the button at the entry station. 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 sta- tion to lift the gate and exit. Monthly parking also available for $250 permonth including 24/7 access with in and out privileges. For more info, visit www.75wharrison.com/cbaparking or call 312/494-9135.
and lifelong friendship with my father. Judge Aspen’s many contributions to the U.S. District Court were recently spotlighted in a fascinating oral history interview by U.S. District Court Judge Ed Chang, along with Magistrate Judges Jeff Gilbert and Sidney Schenkier, as part of a program celebrating the 200th Anniversary of Federal Courts in Illinois. Judge Bauer’s selection of Judge Aspen
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CBA RECORD 9
Important Dues Billing Reminders
The CBA has a free resource portal for solo small
–Annual Dues. In our ongoing effort to reduce administrative expenses and keep dues at
firmmembers. Access archived programs on firm
the current level, the CBA has an annual billing cycle.
marketing, start up tips, legal software demos,
–Dues Auto Pay. Spread your dues payments throughout the year by signing up for the
client development and more. Go to www.
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terly, semi-annual or annual basis at no extra cost via automatic credit/debit card charges.
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options and add in your own level of contributions to the Bar Foundation/ Legal Aid Fund
and the CBA Building Fund.
in bar association activities, which are open to all members of the legal community, and the establishment of bar association mentoring programs to “… expand discus- sion of civility questions and increase col- legiality…,” both of which are focal points for me this year. Judge Aspen’s Report on Civility is as important today as it was when it was issued in 1992. We have placed Judge Aspen’s report on the CBA Homep- age, www.chicagobar.org, and I encourage you to review and adhere to its timeless recommendations. Civility improves our profession and makes us better people and better lawyers. The 2019 Vanguard Awards Luncheon will be held on Wednesday, April 10, in the beautiful Grand Ballroom of the Stan- dard Club. Please join us at this reception honoring Judge Aspen and 14 other very deserving recipients. I am certain that you will be inspired and impressed!
If you have any questions regarding your dues statement, email firstname.lastname@example.org
or call 312/554-2020. CBA membership is an important investment in your professional
and personal growth. We thank you for your support!
The Chicago Bar Association
Standing over the entrance to the CBA Building is the male figure of Justice by sculptor Mary Block. The cast aluminum sculpture balances on the book of law while holding a bird (peace) in his right hand and a globe (the global nature of life) in his left.
10 FEBRUARY/MARCH 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.
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CBA SIGNATURE SERIES HOSTS DENNIS ARCHER Diversity and Inclusion in the Legal Profession
By Katie Liss Editorial Board Member D ennis Archer addressed members on the important issue of diversity in the legal profession at a recent CBA Record Signature Series presentation. Archer, who was mayor of Detroit from 1994 to 2001, served as the first African- American president of the American Bar Association in 2003, and was an Associate Justice on the Michigan Supreme Court from 1986 through 1990. Archer highlighted some of the successes in the legal profession women and people of color have realized since he graduated law school, including: • Leadership within the legal commu- nity––in courts, law schools, and bar associations; and • Employment across the corporate sector, particularly due to the promo- tion by general counsels of the hiring of women and people of color. He noted that some of these gains were lost during the 2007–2014 recession, especially pertaining to female attorneys of color at law firms. Nonetheless, there have been positive changes with respect to diversity and inclusion in the legal profession since 2014, and Archer remains optimistic about the trajectory of these changes. The census estimates the U.S. will have a “minority majority” in 50 years, and therefore it will be a business imperative to market to people of color. In Archer’s words, “things are going to change,” and progress will be made to include more women and people of color in the legal profession.
Pictured at the law offices of Clark Hill are (top) speaker Dennis W. Archer, and (above, left to right) CBA Record Editor-In-Chief and Illinois Appellate Court Justice Michael B. Hyman, CBA Board of Managers Member and Program Coordinator Nina Fain, CBA President Steven Elrod andClark Hill Managing Partner Ray Koenig. Photos by Bill Richert.
The event was sponsored by the Chicago Bar Association, Clark Hill PLC, Illinois Judicial Council, American Bar Associa-
tion Section of State and Local Govern- ment Law, and American Bar Association Judicial Division.
12 FEBRUARY/MARCH 2019
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The defendant in Clayton filed a PLA but it was denied. Clayton, 209 Ill.2d 578 (2004). There was no petition filed in Abruzzo. Douglas was settled the day before the opinion was published but the opinion was issued, nonetheless. If you are a lawyer or judge looking to have your ver- dict affirmed, is it the better course to follow the six justices of the First District, including one of whom is now a member of the Supreme Court, or to follow the two justices who think “sole” means “more than one?” To the extent there should ever be a sole proximate cause instruction, it behooves the parties and courts to follow the six justices who rightly decided that“sole” means“one.” The better view is not to instruct on sole proximate cause at all. Sole proximate cause is not an affirmative defense, Leonardiv.Loyola, 168 Ill.2d 83, 93-94.There is no burden of proof set forth in the long form 12.04 or 12.05 instruc- tion. The long form leads nowhere but confusion. To prevail in any tort case, a plaintiff must prove defendant’s fault was a proximate cause of the injuries claimed. IPI 21.02. The definition of proximate cause, IPI 15.01, does not need further elaboration. If plaintiff fails to prove proximate cause forwhatever reason, defendant prevails. IPI 21.02 (“On the other hand, if you find from your consideration of all the evidence that any of these propositions has not been proved, then your verdict should be for the defendant.”) The extra instruction about proximate cause embodied in 12.04 or 12.05 does not provide guidance to the jury. Bruce R. Pfaff Pfaff, Gill & Ports, Ltd. Chicago
REDUCE STUDENT LOAN PAYMENTS THROUGH CREDIBLE
Credible allows Chicago Bar members and their families to explore ways to save thousands on their student debt. With Credible, you can fill out one simple form and receive personalized refinancing offers from multiple lenders. Visit www.chicagobar.org, Resources, Member Dis- counts/Savings and click on the Credible link to learn about student loan topics, including student loan refinancing, student loan con- solidation, student loan reduction, and student loan forgiveness. WANTED: CBA MEMBER EMAIL ADDRESSES By providing us your email address, you will: –Receive the CBA e-Bulletin every Thursday containing a list of the following week’s com- mitteemeetings and speakers noting freeMCLE credit, upcoming seminars, networking events and important news about the Association. –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!
Letters to the Editor sendyourfeedbackto:firstname.lastname@example.org
Sole is the Loneliest Number I write to comment on Judge Brosnahan’s timely article (The Proper Use and Application of the Sole Proximate Cause Defense, January 2019 CBA Record, by Judge Janet Brosnahan) on sole proximate cause. As lawyers, we tend to focus on the most recent case, but in the context of whether “sole” means “one” or “more than one,”that would be wrong. There are three key decisions about the long form IPI 12.04 instruction at issue: Clayton v. County of Cook , 346 Ill. App.3d 367 (2004), Abruzzo v. City of Park Ridge, 2013 IL App (1st) 122360, and Douglas v. Arlington Park Racecourse, 2018 IL App (1st) 162962. In the first two, unanimous courts held sole means one. In the last, two justices said sole can mean two, one justice said sole means one. Justice Quinn was on the panels that decided Clayton and Abruzzo; in total, six differ- ent justices of the First District have held in published opinions that sole means one (Quinn, Hartman, Theis, Howse, Lavin and Gordon). JusticeTheis now sits on the Illinois Supreme Court.
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. CBA members will offer their legal expertise in free seminars that will be held each month at Chicago’s Harold Washington Library and the Evanston Public Library. The sessions are free and registration is not required. For a complete schedule of dates for 2018-2019, go to lrs.chicagobar.org.
14 FEBRUARY/MARCH 2019
Committees The Chicago Bar Association and Young Lawyers Section
No extra fees to join to committees – included with your CBA membership!
¡e in the Room Where it appens
~o other legal profession puts you in touch with so many attorneys and #udges who live and practice in the Chicago area. Whether you are looking for a new position, a new client or expert advice in a specific legal area, you’ll find it through the CBA committee network. oin one of 130 legal specific committees today - no extra fee required.
nformationÖ ExperienceÖ RecognitionÖ NetworkingÖ ¡usiness evelopmentkAll at NO EmsRA COSs and a Minimal sime Commitment.
Most in-person and live Webcast C¡A and YLS committee meetings qualify for llinois MCLE credit (the amount of credit depends on the length of the presentation).
oin a C¡A or YLS committee today to receive email notice of meetingsL
Current Committee Members: You will remain on your current committees unless you make changes at www.chicagobar.org/committees.
New Committee Members: oin at www.chicagobar.org/committtees.
Sponsorship Join today at www.chicagobar.org/committees.
CBA AND UNION LEAGUE CLUB TEAM UP FOR TIMELY DISCUSSION What You Need to Know about the new Chicago Police Consent Decree
To sign up for this informative CLE Program, go to www.chicagobar. org/cle “This is a sweeping and historic measure that will mandate reforms in police poli- cies, training, and accountability. It truly is something that all of us as lawyers and citizens living and working in Chicago need to understand,” said Kreisman. By Sally Daly CBA Public Affairs Director W ith the City of Chicago set to begin the extraordinary pro- cess of implementing police reform, the Chicago Bar Association is offering a unique CLE program that will explore the dynamics of the new Chicago Police Consent Decree and offer analysis from individuals working on the inside of the implementation process. Presented jointly by the Public Affairs committees of the CBA and the Union League Club of Chicago, “Policing in Chicago under the Consent Decree” will be held April 24 from 3 p.m. to 5 p.m. at the Union League, 65 W. Jackson Boulevard. The consent decree, which governs sweeping changes in the Chicago Police Department, went into effect March 1, 2019 when U.S. District Judge Robert Dow appointed an independent monitor and ‘special master’ to oversee implementa- tion of and compliance with the decree. Robert Kreisman, who chairs the CBA’s Public Affairs Committee, said the program will provide an insightful look into the process under which the decree was enacted and details as to how the reform actions will be rolled out.
“The public affairs committees of the CBA and the Union League Club are very proud to be offering this timely and informative program for our members and interested citizens.” The consent decree was negotiated after the Illinois Attorney General’s Office sued the City of Chicago in federal court in 2017 alleging that the city’s police depart- ment had a “troubling record” of civil rights violations and needed an outside monitor to oversee reform measures that had been recommended by a civil rights investigation of the department by the U.S. Department of Justice. Key policing areas covered by the decree include Use of Force, Community Policing and Impartial Policing, Accountability and Transparency, Recruitment, Hiring and Promotion, Training and Supervision, Officer Wellness and Crisis Intervention. In the 16-page order issued Jan. 31, Judge Dow wrote that while it is “not a panacea, nor is it a magic wand,” the consent decree is “an important first step toward needed reforms of the Chicago Police Department and its policies.”
The parties negotiated the deal, according to Dow, with the goal of solving problems “in a manner that defuses tension, respects differences of opinion, and over time produces a ‘lawful, fair, reasonable and adequate’ result for everyone involved.” “Let us begin,” Judge Dow concluded in his order. On March 1, Judge Dow named Schiff Hardin LLP Partner Maggie Hickey as the independent monitor and retired federal Judge David H. Coar as a special master in the case. The CLE program will feature a panel discussion with representatives from the Illinois Attorney General’s Office, the city of Chicago, the American Civil Liberties Union and a national expert on the imple- mentation of consent decrees in jurisdic- tions across the country.
16 FEBRUARY/MARCH 2019
C¡A zresident Steven M. Elrod invites you to attend a special luncheon featuring eneral Counsels of Chicago Sports seams
Chicago Bears Cliff Stein Senior pice zresident and eneral Counsel Chicago Bulls Ram zadmanabhan pice zresident of Financial and eneral Counsel Chicago White Sox ohn Corvino pice zresident and eneral Counsel Chicago Cubs Michael Lufrano EpzÖ Community Affairs and Chief Legal Officer U.S. Soccer Federation Lydia Wahlke Chief Legal Officer
April 1ÀÖ 2019 Ò 12:00 p.m. Luncheon she Standard Club Ò 320 S. zlymouth Ct.Ö ChicagoÖ L I50 Member / I100 Non-member Ò L MCLE Credit For reservationsÖ www.chicagobar.org/cle or 312-554-205À.
EIGHT O’CLOCK CALL: PROBATE DIVISION Integration of Forms into Daily Practice
Discounted Parking Available Near CBA Building CBA members can park for just $9 at the 75 W. 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 fromthe CBABuilding, 321 S. Plymouth Ct., Chicago.The garage is fully heatedwith covered parking and valet service. To receive the discounted rate, enter at 75. W Harrison and push the button at the entry sta- tion. 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 CBABuilding 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. Paywith cash or any major credit card. The pay station will re- turn 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 $260 per month including 24/7 accesswith in and out privi- leges. For more information, call 312/494-9135. 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.
By Jasmine Hernandez CBA Record Editorial Board
Pictured above at the Eight O’Clock meeting are (L-R) Judge E. KennethWright, Jr., Judge Mary Ellen Coghlan, Presiding Judge of Probate Division; and Judge Carolyn J. Gallagher.
A t the January Eight O’Clock Call Committee Meeting, Judge E. Kenneth Wright, Jr., moderated a lively panel discussion about the Probate Division. The panel featured Judge Mary Ellen Coghlan, Presiding Judge of Probate Division; Judge Daniel Degnan; and Judge Carolyn J. Gallagher. The discussion began with an overview of general estate matters, including the differences between intestate and contested estates, who can serve as an estate adminis- trator, and estate filing fees. Judge Coghlan then described the three types of matters handled in Probate: decedents’ estates, guardianship of adults, and guardianship of minors. Next, Judge Degnan talked about adult guardianship cases, and Judge Gallegher pointed out the unique aspects of presiding over minor guardianship cases.
Judge Gallegher noted that many people appear before her pro se. She also praised volunteer guardians ad litem, as well as the services provided by Loyola Law School students and Chicago Volunteer Legal Service attorneys. She emphasized that all of their help is invaluable. The meeting concluded after Judge Coghlan praised the CBA Rules and Forms Committee and encouraged all attendees not only to refer to forms issued by the Committee for guidance, but to integrate the forms into their daily prac- tice as well.
For more information regarding the Eight O’clock Call, go to www. chicagobar.org
18 FEBRUARY/MARCH 2019
she Chicago ¡ar Association Your City. Your Hometown Bar Association. It’s Where You Belong.
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Connect with Chicago’s Legal Community at CBA and Young Lawyers Section Business Development and Social Events
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On Demand Video including Legal Tech, Practice Skills, Client Development, Judicial Tips and More
Get information on services, member savings, events/seminars, or renew/join at www.chicagobar.org.
CLE & MEMBER NEWS N-Z 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 N-Z, you need to complete your 30 hours of Illinois MCLE credit by June 30. 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).
Register for a Seminar Today 312/554-2056 www.chicagobar.org
For CBA CLE information, call 312/554- 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 PR MCLE 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.
Sign Up for the Dues Auto Pay Plan and Get Free CLE Coupons W ish you could spread your dues payments through- out the year? Tired of get- tingmonthly 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 a monthly, quarterly, semi-annual or annual basis (no extra fees for this option). All we need is your authori- zation and enrollment form. This is a great way to save time and ease up on your budget. Plus, all members on the dues auto pay plan receive 2 free CLE coupons from the West LegalEdcenter (one in June and one in January) See complete details and enrollment format www.chicagobar. org under the Membership tab or call 312/554-2020. (Installment plans apply to dues only. CLE Advantage fee, voluntary contributions and monthly membership
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 CLE credit? Recent topics have included: Bitcoin basics, ARDC ethics update, tips for winning motions, pension derisking
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).
Save theDate! Free CLE Seminars, RafflePrizes andLegal Business/ Technology Show During Member Appreciation Week May 13-17
D etails coming soon. Enjoy the benefits of CBAmembershipwith a host of special activities. Watch
for email announcements and postings in early April on the CBA’s website, www. chicagobar.org
20 FEBRUARY/MARCH 2019
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Chicago Bar Foundation Report
The 2019 Investing in Justice Campaign Justice People Deserve, Not Just What They Can Afford
By Laura Hernandez CBF Intern A ccess to justice has the potential to be the most transformative force in a person’s life but may also prove to be the most elusive as well. In a nation that prides itself on principles of “Liberty and Justice for All”, we ought not to settle for anything less. However, the reality today is that countless individuals are effectively barred from accessing this fundamental right because they can’t afford legal help— and often at the moment in their lives when they desperately need it most. The profession of law is widely under- stood as the practice of helping others. Lawyers act as protectors of justice, fighting for their clients’ access to a system promis- ing fairness and equity. However, so many individuals in desperate need of such an advocate never have the chance to access one simply because they do not possess the funds necessary to do so. Lawyers help people. Why should that service be restricted to only the few who To learnmore about the Chicago Bar Foun- dation’s Investing in Justice Campaign, go to www.chicagobarfoundation.org/ campaign.
Campaign is all about. Research demonstrates that having access to a lawyer and/or a legal professional can make all the difference in so many cases brought forth by vulnerable and disadvan- taged people in our community.
have the privilege to afford it? Justice for all should never be conditional on the amount of available funds at someone’s disposal. Therefore, we ought not to be content to stand by and let it become so, and that is what the Investing in Justice
22 FEBRUARY/MARCH 2019
million, raising the overall total to more than $16 million over the course of the Campaign’s 12 years. One hundred percent of those dollars directly supports the work of more than 30 Chicago-area pro bono and legal aid organizations and related initiatives. Those contributions, in turn, have leveraged millions more in legal aid funding from the CBF’s foundation and government grant partners. There are countless social and political issues that demand our attention. However, fighting for justice for all, in its truest and fullest sense, should resonate most strongly with the legal community. If we don’t take the lead in this cause, who will? The impact made through the Cam- paign over the years has proven that real change can happen when our legal community joins together to make equal access to justice a reality. 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- 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. 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.
Investing in Justice Campaign Chair Linda T. Coberly, Chicago Managing Partner at Winston & Strawn LLP, and CBF President Carrie J. Di Santo of CME Group at the IIJ Campaign’s kick-off event.
need for legal help. Less than half of those individuals will be able to access that free legal assistance due to the shortage of pro bono and legal aid services. Generous contributions from our legal community are the catalyst needed to begin changing this narrative. The Investing in Justice Campaign is a community-wide effort, through which thousands of law- yers and legal professionals at more than 150 participating law firms, corporations, the CBA and other organizations come together around the legal community’s common cause of equal access to justice. This month marks the 13th year of the Campaign, which this year is chaired by Linda T. Coberly, Managing Partner of Winston & Strawn LLP’s Chicago office. Since its inception in 2007, the Cam- paign has grown tremendously, more than doubling the amount raised, more than tripling the number of individuals con- tributing, and more than quadrupling the number of firms, companies and organiza- tions participating. Last year, more than 5,200 individuals donated more $1.55
• Domestic violence survivors represented by an attorney are 2.5 times more likely to successfully obtain a protective order than those who do not have a lawyer. • In almost half of the cases in which a child was represented in immigration court by a lawyer, the court allowed the child to stay in the United States. When children appeared in immigration court without a lawyer, nine out of ten were ordered deported. • Tenants represented by a lawyer were six times more likely than unrepresented ones to win in court. Generally, almost 90% of landlords are represented by a lawyer, while less than 10% of tenants have representation. These numbers demand both our atten- tion and our action. While Chicago does possess a robust pro bono and legal aid network, the available resources still do not come close to carrying the weight of the need that still exists. This year, an estimated 600,000 low-income residents in Cook County will have a
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