CBA Record Jan-Feb 2021
JANUARY/FEBRUARY 2021 CBA
Inside this Issue: Shattering the Silence on Sexual Harassment in Our Legal Community
Margaret Battersby Black
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CBA RECORD CONTENTS
January/February 2021 • Volume 35, Number 1
4 Editor’s Briefcase 50 Hyproverbs 6 President’s Page
INSIDE THIS ISSUE 18 Shattering the Silence on Sexual Harassment in Our Legal Community By Kathryn C. Liss 24 The Illinois Victims’ Economic Security and Safety Act (VESSA): What Employment Attorneys Need to Know By Katherine Gaughan-Palombi 26 Protecting (or Cracking) the Nest Egg: Why Titles and Contracts Matter When Selecting a Financial Professional By Anthony F. Fata and Delaney Slater
ReadYour Book of Perspective
8 CBANews 14 Chicago Bar Foundation Report 16 The Pulse 39 LPMT Bits & Bytes 2020: TheYear of the Phish 40 Nota Bene
30 A Weapon Against Condominium Deconverters: The Fiduciary Duty of Directors By Richard Lee Stavins
Communication is Key: Writing Tips for Junior Attorneys (and ThoseWho Supervise Them)
36 Black History Month: Black Authors, Book and Voices
42 Legal Ethics
YOUNG LAWYERS SECTION
Should the Client’s Interest be Paramount?
32 One Night at Belmont and Western By Jeffrey Moskowitz, YLS Chair
34 Recognizing and Respecting the LGBTQ+ Community By Charles Golaszewski
The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, November/ December, November/December, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org. Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/oMembership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2021 by The Chicago Bar Association. All rights reserved. Reproduction inwhole or in part without permission is prohibited. The opinions and positions stated in signedmaterial are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.
About the Cover The issue’s cover, Tufiño’s Mother, was created as part of the Puerto Rican Arts Alliance’s experimental painting installation of portraits that have defined the face and identity of the Puerto Rican people. Each painting represents a defining moment in the long colonial struggle faced by the Puerto Rican people. José Campeche (1751), Ramón Frade (1875), Rafael Tufiño (1922), Francisco Rodón (1934), Arnaldo Roche Rabel (1955), Jean Michel Basquiat (1960) painted the complex, and yet to be defined identity of the Puerto Rican people. Puerto Rico’s economic crisis and hurricane María’s disastrous effects created a need to come together as one nation. Lead-artists were Mara Ayala, Jorge Félix, and Jennessa Martínez along with many teen apprentices. Special thanks to PRAA’s Program Director/Curator Jorge Félix (www. praachicago.org) and the Lawyers for the Creative Arts (law-arts.org) for connecting the CBA with artists in our community.
JANUARY/FEBRUARY 2021 CBA
A fter seeing this line by F. Scott Fitzgerald, “He repeated to himself an old French prov- erb that he had made up that morning,” I got to thinking about making up my own proverbs, just not old French ones. I selected traditional proverbs and reworked them to reveal a general truth or bit of advice about the legal profession. I’ve called them “hyprov- erbs.” (The first two letters of my surname attached to “proverbs.”) I present 50 examples of hyproverbs as that is all that fits on this page. BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF 50 Hyproverbs EDITOR’S BRIEFCASE
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 Howard and Howard Attorneys PLLC
YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC Alexander Passo Latimer LeVay Fyock LLC Kaitlin King Hart David Carson LLP
01. A client comes in like a lion, and out like a lamb. 02. A file divided is made lighter. 03. A lawyer’s laptop is mightier than the Library of Congress. 04. A lawsuit of five-thousand days begins with a file stamp. 05. A lawsuit is known by its facts. 06. A poor lawyer blames the judge. 07. Absence makes the case grow harder. 08. Bad cases make hard work. 09. Barking lawyers should muzzle them- selves. 10. Better to carry one portable charger than curse the blank screen. 11. Briefs expand to fill the word count. 12. Civility is a virtue. 13. Do a good deed, do pro bono. 14. Don’t count your fees before they’re paid. 15. Don’t slight the client who pays the bill. 16. Every contract has its fine print. 17. Every lawyer thinks their counsel is best. 18. Facts are a lawyer’s best friend. 19. For want of a fact a claim was lost. 20. Fortune favors the prepared. 21. Give a lawyer a case, and you feed at least two lawyers and one judge. 22. Good things come to lawyers who aren’t late. 23. Hell has no fury like a malicious lawyer. 24. If at first you don’t succeed, amend. 25. If Fortune calls, take the case. 26. If it ain’t the truth, don’t offer it. 27. If the robe fits, still check that your name is on the collar.
28. If you can’t beat them, settle. 29. It takes a whole firm to make an associate. 30. Justice is in the eyes of the beholder. 31. Lawyers propose, judges dispose. 32. Like partner, like associate. 33. Lie down with one boorish lawyer, two boorish lawyers get up. 34. Liars and lawyers need good memories. 35. Necessity is the mother of contracts. 36. Nothing comes to lawyers who wait. 37. Rewrite makes right. 38. Plan to win, prepare to lose. 39. Practice what you know. 40. The other side’s position looks easier than yours. 41. The road to hell is paved with motions for sanctions. 42. The squeaky lawyer gets the judge’s ire. 43. Think before speaking and whilst speak- ing, still think. 44. When in court, follow the standing order. 45. When a lawyer gets tough, their case must be bad. 46. Where there’s smoke, there’s a possible lawsuit. 47. Your bad arguments will elevate their good arguments. 48. You can’t teach an old lawyer new pro- cedures. 49. You win more concessions with reason than demands. 50. A hyproverb is worth a thousand words, give or take a few.
Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Of fi ce Amy Cook The Farmer Chef Alliance Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Hinshaw & Culbertson Jasmine Villaflor Hernandez Cook County State’s Attorney’s Of fi ce Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Of fi ce of Bonnie McGrath Clare McMahon Law Of fi ce of Clare McMahon Pamela S. Menaker Clifford Law Of fi ces Peter V. Mierzwa Law Bulletin Media Kathleen Dillon Narko Northwestern Pritzker School of Law Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins
Robbins, Saloman & Patt, Ltd. Rosemary Simota Thompson Judge E. Kenneth Wright, Jr. Circuit Court of Cook County
THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing
4 January/February 2021
PRESIDENT’S PAGE BY MARYAM AHMAD Read Your Book of Perspective
The Chicago Bar Association www.chicagobar.org
President Maryam Ahmad
lenges. I believe when difficult situations arise, we should do our best to weather the storm. After the storm subsides, we should catalog these experiences in our “Book of Perspective.” Each of us has authored such a work. It is a compilation of every difficult experience of our lives. Instead of disregarding these experiences, we should take time to periodically review them, particularly, during challenging times. It is our individual Book of Perspective that holds the key to endurance and ultimately perseverance. My worst year ever came in 1979. I was fourteen years old. During a fire alarm in ninth grade, I fell backwards and landed hard on a concrete step. I immediately jumped up, because being young, falling clumsily in front of your classmates is embarrassing. I pretended as though I was not injured, but my back and hips hurt tremendously. When I went home after school that day, I did not tell anyone I had been injured. My mother was very sick, with a terrible cough. I did not have the heart to share what had happened, because my mother was extremely ill. Within a day after falling, my mother was hospitalized for congestive heart failure. While my mother was in the ICU, I was determined to persevere despite my pain. Before going to school every morning, I would soak in extremely hot water; doing this enabled me to walk without limping. However, the back and hip pain would return by mid- day, and by the end of the school day, my two best friends would help me walk to the bus stop—one of my arms draped around each of their shoulders. I remember my friends imploring me to tell my father. I refused. By the third week, my mother was home from the
First Vice President E. Lynn Grayson
Second Vice President Timothy S. Tomasik
Secretary Ray J. Koenig III
Treasurer John C. Sciaccotta
Executive Director Elizabeth A. McMeen
M y friends tease me for being an eternal optimist: “utopian,” “dreamer,” “romantic,” and the worst, “Pollyanna-ish.” I have been called them all. Maybe I’m just wired this way. I know many who see life as the glass half empty. I am a glass-half-full woman. If you need on-the-bright-side perspective to any situation, truly, I am the person to call. It comes naturally. As the year 2020 drew to a close—a year of isolation, quarantine, and virtual work—like you, I engaged in much life reflection. For many of you, 2020 will for- ever be remembered as the worst year ever. For me, it was a year filled with unique challenges and unexpected opportunities (See what I did there?). When many of us are experiencing difficult circumstances, they can be so overwhelming and isolating that it is easy to believe that problems befall only you. Yet, we all struggle. Sometimes, when sunshine surrounds you, storms rage in someone else’s life. At the risk of sound- ing Pollyanna-ish, the eternal optimist in me would like to provide some insight on negative experiences and trying life chal-
Immediate Past President Jesse H. Ruiz BOARD OF MANAGERS Jonathan B. Amarilio Hon. Charles S. Beach II Alexis Crawford Douglas Charles P. Golbert Kathryn C. Liss Michael R. Lufrano Hon. Clare Elizabeth McWilliams
Juan Morado, Jr. Lauren S. Novak Hon. Nichole C. Patton Brandon Peck Ashley Rafael Trisha Rich Antonio M. Romanucci Ajay N. Shah
Hon. Maria Valdez Adam M. Zebelian
6 January/February 2021
2020, as the isolation wore on and the unexpected challenges continued, I would think—fodder for my Book of Perspective. Surely, 2020 was a devastating or dif- ficult year for many. I do not know why life is so challenging at times. However, I learned early on to let challenges motivate me not to merely survive but to thrive. Use these tests to be your testimony. If one drives through the darkest tunnel, if one continues to drive and does not stop, one will reach the light. May 2021 bring you and your families great joy, health, and prosperity! Should challenges come, and they will, maintain the perspective that if you keep moving forward, things will get better.
hospital. Within a day, she became suspi- cious. “Why was I limping so badly?” she asked. I minimized my situation saying I had twisted something and that I was all right. But the third day after my mother returned from the hospital, I was in so much pain that I was unable to stand. My father and brothers took me to the hospital, and I was admitted. Many tests and several days later, I learned that I had severe back muscle strain and a rare form of juvenile arthritis. My mother and I shared the same physician. Since our doctor was aware of her medical condition, she told my mother that she could not visit me in the hospital because her own health was tenuous. While I was still hospitalized, my
mother passed away in her sleep at home. I was discharged so that I could attend my mother’s funeral. Upon returning home, I had to focus on re-learning to walk. It’s amazing how quickly the body can forget how to walk. Since that time in my life, I have endured many struggles with education, employment, finances, divorce, assorted ailments, deaths of loved ones—too many trials to mention here. In the face of those struggles, I always reflect on April andMay of 1979 and think: if I made it through that, I can make it through this. I believe in the phrases, “that which doesn’t kill you makes you stronger” and even, “it can always be worse…always.” Throughout
CBA RECORD 7
CBANEWS Justice John Paul Stevens Award 2020: Adapting to the Changing Times By Jasmine V. Hernandez, Editorial Board Member
I ntegrity and a commitment to public service are respected and thanked every year by the CBA and the CBF at the annual Justice John Paul Stevens Award ceremony. The 2020 awardees – Marisel A. Hernandez, Jennifer Nijman, Terrence M. Murphy, Zaldwaynaka (“Z”) Scott, and Judge E. Kenneth Wright, Jr. – deserve accolades and so much more. Due to COVID-19 restric- tions, the Chicago legal community convened on Zoom to celebrate the year’s Stevens Award recipients. Since 2000, the Stevens Award has been presented annually to attorneys and judges who best exemplify the Justice’s commitment to integrity and public ser- vice in the practice of law. The Justice’s former law clerks conceived this recogni- tion not only to honor his commitment to community, but to all those who follow in his stead, and to inspire others to do the same. A long-time friend of the CBA until his passing in July 2019, Justice Stevens faithfully attended the award luncheons, either in person or he asked his friend, Justice William Bauer, to attend for him. While different in format, the 2020 virtual celebration nonetheless captured the substance and prestige of the Stevens Award. The presentation began with welcome remarks from CBA and CBF Presidents Maryam Ahmad and Veronica Gomez, respectively. Daniel A. Cotter, former CBA president, shared the history of the Stevens Award before President Ahmad
introduced each of the 2020 awardees. The first recipi-
of Illinois. She also served on the board of the Public Interest Law Initiative. Pres- ently, she serves on the Illinois Supreme Court’s Commission for Access. Ms. Nijman spoke about her time as president of the CBA and how, in that capacity, she met Justice Stevens. She fondly recalled her interactions with him and his belief that it was the duty of judges to apply old values to new circumstances. Ms. Nijman reminded everyone of their duty to uphold the values of our legal system. She urged members of the profession to ensure access to the justice system and help the system adapt to changing times and encouraged attendees to be respon- sible for each other. Terrence Murphy,
ent introduced was Marisel A. Hernan- dez, Chai rwoman, Chi cago Board of Elect ion Commi s- sioners. Ms. Hernan- dez’s commitment to public service is long and varied. In addi-
tion to serving as Chairwoman of the Board since 2016, she also has experience with the National Labor Relations Board and the U.S. Equal Employment Oppor- tunity Commission. In 1988, she joined Jacobs, Burns, Orlove & Hernandez and has continued hold civic positions including Chairwoman, board member of Chicago ITT Kent Law School Insti- tute for Law. In 2019 she served on the magistrate judge selection panel. Ms. Hernandez reminded the attendees, “Our voice is our power.” Next , Pres ident
f o rme r Exe cu t i ve Director of the CBA, was the next hon- oree. He stated that being selected as a Stevens Award recipi- ent was the highlight of his CBA career.
Terrence M. Murphy
Ahmad introduced Jenn i f e r Ni jman , founding partner of Ni jman Fr anz e t t i LLP and a long-time leader in the Chicago l ega l commun i t y. Ms. Nijman is past president and board
He shared stories about his interactions with Justice Stevens, whom he described as embodying civility, thoughtfulness, and generosity. Mr. Murphy reminded everyone that there is “no better way to make a difference than to work through an organized bar association.” When Zaldwaynaka (“Z”) Scott accepted her award, she quoted Marian Wright Edelman who said, “Service is the
Jennifer T. Nijman
member of the Center for Conflict Reso- lution, as well as the Lawyers Trust Fund
Watch the 2020 Justice John Paul Stevens Awards at www.youtube/chicagobar.org.
8 January/February 2021
purpose of life.” Ms. Scott’s professional background is a testa- ment to her purpose. As the twelfth perma- nent president of Chi- cago State University, she has overseen the advancement of a stra- tegic plan, launched a
C. Evans for placing him in a position that has afforded him unique opportunities to lead and serve. In addition to serving as a former president of the CBA and Center for Conflict Resolution, he cur- rently serves on the Illinois Pattern Jury Instructions Committee. Judge Wright is also on the Board of Directors of Lawyers Lend-A-Hand and is co-editor of the Illi- nois State Bar Association’s Bench and Bar Newsletter. He shared that he agreed with one of his mother’s teachings – that it is an honor, within itself, to serve. President Ahmad ended the ceremony by noting that it was very fitting that the Stevens Awards was presented during Pro Bono Week.
appointed Illinois’ first executive Inspec- tor General. Ms. Scott also spoke about her work on the Board of Directors of Ann & Robert H. Lurie Children’s Hos- pital Medical Center Board and on the Board of Trustees of the U.S. Coast Guard Committee. She reminded attendees to give thanks to those on whose shoulders we stand. In acknowledging
Zaldwaynaka (“Z”) Scott
re-brand of the University, and co-chaired an equity leadership group created to improve African American students’ access to higher education. Other civic positions include serving as an Assistant U.S. Attorney in the Northern District of Illinois, where she served as Chief of the General Crimes Section, as well as being
his award, Judge E. Kenneth Wright, Jr., Presiding Judge of the First Municipal District of the Cir- cuit Court of Cook Coun t y, t h a nk e d Chief Judge Timothy
Judge E. Kenneth Wright, Jr. CLE & MEMBER NEWS Update Your Contact Info, Practice Settings, and Practice Areas
If you recently moved, joined a new firm, created a new email account, got a new phonenumber, etc., please takeamoment to update yourmember profile.You cando this online at www.chicagobar.org. Log in with Save on LexisNexis, client credit card processing, virtual office receptionists, student loan rates, UPS, legal software and more. New partners include Alliant Credit Union, Carr Workplaces, Lex Reception and CBA Welcomes New Admittees On January 14, 2021, Chief Justice Anne M. Burke presided over a statewide virtual swearing in ceremony for over 1,400 new admittees who joined the ranks as licensed attorneys in the state of Illinois. Kudos and Did you know that the CBA has over 50 practice area committees and 25 young lawyer committees that meet on a monthly basis during the noon hour (now via Zoom) to keep members up to date on general practice developments and related changes and new court procedures due to the pandemic? Over 40 new programs are available eachmonth featuring judges, legal experts andbusiness leaders. Andbest of all, as a members only benefit, these meeting presentations are free and offer about one
yourmembernumber as youruser nameand your member number followed by your last name all lower case and no spaces as your password, then click on My Membership to update your profile. Be sure to also add your Simple Law. Visit www.chicagobar.org/ save for more information and links to our discount providers. These programs have been negotiated to offer you savings and special offers as a value-added benefit of
practice setting andpractice areas to receive notices regarding seminars andother events that relate specifically to you. If you have any problems updating your profile, send anemail firstname.lastname@example.org.
Save Money on CBA Member Discount Programs
your CBA membership. Make the most of yourmembership investment and check out these savings!
congratulations to these new lawyers who weathered the pandemic, several changes in the bar exam date and a first ever online bar exam.TheCBA ispleased towelcome this group to the legal professionbyoffering free
membership and CLE through May 2022. If you know of a new admittee who has not yet activated their free membership, they can email email@example.com.
CBA and YLS Committees Continue to Provide Strong Programming
hour of free MCLE credit if watched live (note, most meeting presentations are also archived on the CBA website but archives do not qualify for MCLE credit). Meeting participation also allows you to connect with thought leaders and other colleagues to share information, develop newbusiness relationships,meet potentialmentors, create support networks and more. There are never any extra fees to join CBA or YLS committees and new members are welcome! Join at www.chicagobar.org/
committees and be sure to check the CBA eBulletin every Thursday for upcoming committee meetings, speakers and topics. (Note: Any CBA member may attend any committee meeting to earn free Illinois MCLE credit but by joining a committee you will receive meeting information, seminar announcements and other special notices related to your practice areas directly from your committees via email and youmay also elect to receive practice area updates from Lexology based on your practice areas.)
CBA RECORD 9
A Special Notice to all Lawyers Who Reside in or Practice in Cook County
The Moses, Bertha & Albert H. Wolf Fund
he Chicago Bar Associat ion manages the Moses, Bertha, and Albert H. Wolf Fund to aid
attorneys who reside or practice law in Cook County and are ill, incapacitated or superannuated. Through the Fund, the CBA provides financial assistance in the form of grants and loans. Eligible recipients also include lawyers in Cook County who receive assistance from the Lawyers Assistance Program and are in need of medical assistance.
“I can say without hesitation that the generous support that I have received from the Wolf Fund has enabled me to receive medical treatment for several disabling conditions and prevented me from becoming homeless. My hope is that I will be able to return to the full-time practice of law and someday make a substantial contribution to The Chicago Bar Association’s Wolf Fund in return for all the help they have given me. I am ever so grateful.” - Wolf Fund Recipient
For more information, please contact Terrence M. Murphy, Executive Director 312-554-2002 firstname.lastname@example.org
Class of 1970 (Virtually) Celebrates 50 Years of Practicing Law By John Levin, Editorial Board Member
F or decades, the CBA has honored members on the 50th year of their membership. The 2020 celebration was no exception – except that it was held virtually, rather than in person. Maryam Ahmad, President of the CBA, hosted and moderated a video presentation emulating what would have been the usual luncheon. After her introduction, remind- ing us of what the world was like 50 years ago, she introduced the three keynote speakers – Gordon B. Nash, William F. Conlon, and Tyrone C. Fahner – lawyers all familiar to the Chicago bar. Speaking from the now-familiar Zoom background, each speaker remarked on their career and emphasized how the law and the practice of law has changed over the past 50 years. Needless to say, the vir- tual nature of the presentations only rein- forced how great the changes have been. The celebration handbook listed 82 lawyers celebrating their 50th anniversary, about half of whom submitted short bio- graphical sketches of their careers. Unlike past celebrations, there was no
CBAmemberWilliamConlon, retired from Sidley Austin, reflects on how the practice of lawhas changed over the decades during the CBA’s virtual 50Year Member Celebration.
group photo – which ordinarily accompa- nies this article. Also, unlike past celebra- tions, there was no opportunity for the members to mingle and socialize with each other – an impossibility during the
pandemic. However, one benefit of the virtual gathering is that the readers of this article also have the opportunity to attend. Just enter www.chicagobar.org/ chicagobar/50.
Class of 1970
Alvin Becker Calvin Bellamy Neal Block Richard Campbell Preston Cantore Peter Carey Walter Carr Robert Cellini William Conlon Michael Connelly Robert Cunningham Marshall Dickler Martin Dickman Jay Dolgin Thomas Donovan Howard Emmerman Michael Erde
Michael Erens Tyrone Fahner
Stephen Horwitz David Jolivette William Jovan Jay Judge Thomas Karacic James Karahalios Juris Kins Stephen Kitchen Terrence Kiwala Richard Kohn Martin Korey Barry Kreisler Stephen Landes Richard Lang Kent Lawrence Charles Levun Herbert Linn
Walter Liszka Michael Lurie G. Johhn Marmet John McCarthy Joseph McGinnis Richard Means Brian Meltzer Ronald Menaker
Stephen Schlegel Fred Schulz William Siebert Louis Sigman Joseph Spingola Joel Stein Edward Stone James Streicker Gerald Tenner Regis Trenda Robertd Vieregg Eleanor Wagner
Mark Fedota Duane Feurer James Fowler Lawrence Freedman Richard Gerardi Joseph Ginsburg Robert Goldman Sheldon Gomberg Carl Graf Lewis Greenblatt Byron Gregory Arthur Hahn John Held Case Hoogendoorn Allan Horwich
Marvin Miller Daniel Murray Gordon Nash John Pikarski Alan Polikoff Dennis Quaid Paul Rettberg Thomas Roti Gerald Schenk
RichardWeil Larry Zanger
CBA RECORD 11
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CBA Insurance Agency Provides Customized Insurance Options By Ann Glynn, CBA Public Affairs Director F ounded in 1993 as a subsidiary of the Chicago Bar Association, CBA Insurance Agency has more than eral CLE seminars and webinars through- out the year on legal malpractice issues.
Disability Insurance CBA Insurance Agency partners with Irwin Cohen, the founder and princi- pal of Irwin Cohen Group, to provide customized disability insurance geared specifically to attorneys. Jeffrey M. Moskowitz, Owner, J. Mos- kowitz Law LLC, is a CBA Insurance Agency client and has high praise for his experience. “The process of switching my legal malpractice insurance coverage from my previous carrier was incredibly smooth. CBA Insurance Agency provides several competitive quotes and will help explain the differences between the com- panies. For me, it was a no brainer to switch to a top-rated insurer that would bring down my annual premiums. I have had the insurance for several years and can say that the renewal process is incredibly simple.” “Whether you are looking for a brand- new policy or are shopping around for a better price or better coverage, CBA Insurance Agency has the experience and connections in the industry and we are always happy to provide a free estimate,” added Sill. CBA Insurance Agency is ready to assist with all your insurance needs. For more information, please visit www. cbainsurance.org.
Cyber Liability Insurance In our always-on, digital world, cyber issues are more prevalent than ever. Ransom attacks, fraudulent wire transfers, data breaches, and phishing scams can be very damaging and costly to law practices of all sizes. CBA Insurance Agency offers affordable cyber liability insurance, which provides coverage for these issues by limit- ing out-of-pocket expenses. Health Insurance Through a partnership with Chicago- based company IXSolutions, CBA Insur- ance Agency provides health and ancillary insurance solutions to employers with 2 to 2,000 employees and individuals looking for insurance options for their family. Working with IXSolutions allows firms to save time and money on benefits administration and gives clients a robust benefits management system at no cost. Life Insurance CBA Insurance Agency offers individual life insurance through a partnership with Hunken Ewing Financial Group. Options are available for those looking for a safety net to protect families and businesses from the financial consequences of unex- pected life events. A sound protection strategy can include personal insurance, liability insurance, and life insurance.
27 years of experience providing tailored insurance solutions to meet the needs of attorneys and law firms, no matter the size or scope of practice. Led by Tyler Sill, Vice President of CBA Insurance Agency, current offerings include legal malpractice, cyber liability, health, life, disability, and more. As a brokerage agency, CBA Insur- ance Agency works with many top-rated carriers from across the country to form partnerships that ensure CBA members and all clients receive the most competi- tive prices and best coverage. “At CBA Insurance Agency, our goal is to be the go-to resource for CBA mem- bers and all who need expert insurance advice,” said Sill. “We offer a myriad of cost-effective solutions for attorneys and law firms.” CBA Insurance Agency offers expertise in the following areas: Legal Malpractice Insurance Much of the work done at CBA Insurance Agency revolves around legal malpractice insurance. The Agency works with a number of top-rated legal malpractice insurance carriers and can help attorneys and law firms with purchasing policies, reporting claims, and creating certificates of insurance. The CBA in partnership with CBA Insurance Agency provides sev-
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CBA RECORD 13
Your Foundation at Work in 2020 By Elena Dennis, CBF Director of Development & Communications D espite the many challenges of 2020, you can be proud of the great work you made possible Chicago Bar Foundation Report
through the CBF. By coming together with your colleagues through the CBF, you helped thousands of people in need get critical legal assistance while laying the groundwork for a fairer and better legal process for the future. Below are just a few highlights of the CBF’s impact (learn more by visiting chicagobarfoundation.org). Groundbreaking Legal Assistance Partnership Launches In the final months of 2020, the CBF joined with the Circuit Court, Cook County, the CBA, and many other legal aid, government, and community partners to launch a new Early Resolution Program to provide legal help for the growing number of Chicagoans facing eviction and consumer debt cases.The program is part of Cook County Legal Aid for Housing and Debt (CCLAHD), a broader new initiative for housing and debt issues. The initiative will also include restarting the Circuit Court’s Mortgage Foreclosure Mediation program that made such an impact in the aftermath of the Great Recession. 2020 Investing in Justice Campaign Powers Through to Success In a year like no other, more than 4,200 attorneys and legal professionals came together to raise over $1.3 million through the 14th Annual Investing in Justice Cam-
The CBF and its partners announce the launch of the Cook County Legal Aid for Housing and Debt program in a virtual press conference.
group of distinguished local and national stakeholders to tackle these issues. Through an intensive, wide-ranging examination over a nine-month period, the Task Force explored, researched, and analyzed all pos- sible solutions to the current market failure in the consumer and small business legal services market, ultimately proposing a comprehensive series of 11 recommenda- tions for regulatory reform to the Illinois Supreme Court in October 2020. Promoting Access as Courts Shift to Remote Proceedings The CBF worked closely with our court partners immediately following the pan- demic shutdown to help the legal system pivot to the remote environment in a
paign to provide key support for more than 30 pro bono and legal aid organizations and related initiatives. 2020 Campaign Chair Sean Berkowitz of Latham & Watkins LLP provided stellar and steady leadership throughout, steering the campaign and dozens of vice chair leaders at 151 law firms and corporate legal departments to success despite the unprecedented challenges. CBA/CBF Task Force Submits Innova- tive Report to Supreme Court The CBA and the CBF officially launched the Task Force on the Sustainable Practice of Law & Innovation in October 2019 to help shape a better future for our profes- sion, the public, and the justice system. The Task Force brought together a broad
14 January/February 2021
way that preserves access to justice while balancing public health needs. Among other things, the CBF played an integral role in developing the rule and policy the Illinois Supreme Court adopted for remote appearances. Additionally, the Illinois JusticeCorps program launched the Court Information Helpline in September to help unrepresented litigants answer ques- tions about court procedures, e-filing, and other resources that might be available to assist them. Virtual Events Bring Legal Commu- nity Together Throughout 2020, the CBF hosted virtual iterations of our three annual fundrais- ing events, beginning with Passport to Chicago’s cooking demonstration in May, continuing with the Pro Bono & Public Service Awards Celebration in July, and concluding with the family-friendly Fall Benefit in November. While we missed celebrating with everyone in person, we
2020 Investing in Justice Campaign Chair Sean Berkowitz speaks to guests at the kickoff reception in spring 2020.
and accessible both during the pandemic and in the years ahead.
were thrilled with the success of these efforts to come together as a community to ensure that the justice system is more fair
California’s most respected neutrals are now offering mediations nationwide using secure video conference technology.
S I G N A T U R E R E S O L U T I O N . C O M
CBA RECORD 15
requirement for all employers with more than one employee established by the Illinois Human Rights Act. If you have any questions regarding the Task Force or would like more information, contact Kathryn at email@example.com. CBA Insurance Agency can shop to many top-rated insurance companies to find the best combination of coverage and pric- ing for your law firm. Price estimates are always free. Whether you are looking for a brand-new policy or your firm currently has coverage, consider receiving a free price estimate fromCBA Insurance Agency. Visit www.cbainsurance.org/legal-malpractice- insurance or email CBA Insurance Agency Vice-President Tyler Sill at tsill@chica- gobar.org to learn more. CBA Legislation Agenda The CBA is actively involved in the Illinois legislative process. In addition to the Asso- ciation’s Sponsored Legislative program, CBA committees review non-sponsored legislation and make recommendations to the Legislative Committee as to whether the CBA should support or oppose legisla- tion. Each year, the Association’s Legislative Committee, with approval of the Board of Managers, takes positions in support of or opposition to hundreds of proposed bills. The Association’s two outstanding legisla- tive counsels, Larry Suffredin and Tom Suffredin , represent the CBA’s interest in the General Assembly and, when needed, schedule members to testify for or against proposed legislation in Springfield. The Board of Managers approved sup- porting sponsored legislation this year that includes: (1) an Adoption Law Commit- tee proposal to amend 750 ILCS 50/2 to eliminate procedural barriers to the adop- tion of an adult by a former stepparent; (2) a Trust Law Committee proposal for a trailer bill to the Illinois Trust Code that seeks to correct nominal errors and clarify provisions that were found to be confus- ing; (3) a Legal Aid Committee proposal to amend 735 ILCS5/21-101-3 to simplify, streamline, and make more accessible the process by which someone legally changes their name in Illinois; and (4) Social Secu- rity LawCommittee proposed amendments to 735 ILCE 5/8-2001 that will expand the definition of “health care worker” to Request a Complimentary Legal Malpractice Insurance Quote
THE CBA PULSE BY BETH McMEEN, CBA EXECUTIVE DIRECTOR
CBA President Maryam Ahmad, along with the Illinois Judges Association’s United States Supreme Court Jurisprudence Study Group, led a one-hour “Fast and Furious” review of six cases decided during the U.S. Supreme Court’s most recent term. Members who missed the seminar can watch the free, on-demand version at learn.chicagobar.org. Participating panelists included (pictured from the top row left): Illinois Appellate Court Justice Michael B. Hyman; Judge Ron Spears (Ret); Judge Adrienne E. Davis, Cook County Circuit Court; Judge Patrice Ball-Reed, Cook County Circuit Court; Judge Brett N. Olmstead, Circuit Court of Champaign County; and Judge William H. Hooks, Cook County Circuit Court.
Over 40 Mediators on New CBA Service The CBA’s newMediation Service is up and running with over 40 attorneys now on our roster of neutrals. The service is designed to provide mediations that are efficient, effec- tive, economical, and fair. The parties, who must be represented by counsel, can expect a good chance of resolution under the supervision of an experienced CBA media- tor. To participate as a mediator in the service, you must be a CBA member with at least 10 years of practice experience and have completed a comprehensive mediation training course. The service is structured to meet the needs of a wide range of clients in areas such as personal injury, family law, commercial, subrogation, and real estate. Parties can resolve their disputes before or after a court filing with a CBAmediator. To apply for or learn about the service, please visit chicagobarmediation.org. Sexual Harassment and Abuse Task Force Formed The CBA has launched a newTask Force on
Sexual Harassment and Abuse to examine and make recommendations regarding judicial and firm policies on sexual harass- ment and assault within the workplace. The group will be chaired by current CBA Board of Managers member and former Young Lawyers Section Chair Kathryn C. Liss , Executive Director of the Schiller DuCanto & Fleck Family Law Center and Assistant Director of Law Career Services at DePaul University. The Task Force has created three sub- committees: (1) Judicial and Firm Policy, which will examine judicial and f irm policies on sexual harassment and assault within the workplace and make recom- mendations regarding those policies; (2) Supreme Court Rule Review, which will propose modified language to Rules 5.1 and 8.4 of the Illinois Rules of Professional Conduct; and (3) Education, which will focus on sexual harassment training and education. In that regard, the Task Force sent an email to all members in December regarding the new mandatory annual sexual harassment prevention training
16 January/February 2021
include therapists and counselors and will expand the pool of patients who can obtain medical records for no cost and who can order these records on behalf of claimants without cost. For more information about the CBA’s legislative program, please con- tact Juli Vyverberg at 312- 554-2062 or firstname.lastname@example.org. The CBA is looking forward to a very special slate of activities in celebration of Black History Month in February. Events will include the annual Earl B. Dickerson Awards, new seminars (including practitio- ners discussing their paths to career success in the legal industry), and much more. A very special thank you to our planning coordinators Nina Fain and GretaWeath- ersby . Please visit www.chicagobar.org to view a list of activities and registration for seminars. Mentors Needed for CBA Lawyer-To- Lawyer Mentoring Program The CBA’s lawyer-to-lawyer mentoring program matches experienced attorneys (5 or more years) with attorneys within their first 5 years of practice (must begin the program no later than four (4) years after being admitted to the Illinois bar) for a year-long mentoring program. The CBA is currently seeking mentors and mentees for the program. The program creates oppor- tunities for experienced lawyers to guide new lawyers in developing the practical skills and judgment needed to practice in a highly competent manner and to instill the ethical and professional values that characterize excellent lawyers. Participating attorneys receive 6 hours of Il l inois professiona l responsibi lity MCLE credit upon program completion. Attendance at an orientation session and 8 subsequent in-person meetings between the mentoring pair is required to complete the program and receive MCLE credit. The program guidelines and applications are available online at www.chicagobar.org/ chicagobar/mentoring. Congratulations Past CBA President Timothy Eaton is the Chicago Lawyer “Person of the Year” for 2020… Justice David K. Overstreet took the oath to become a member of the Illinois Supreme Court on December 3… Judge CBA to Celebrate Black History Month
Jill Rose Quinn was sworn in on Decem- ber 7 to the Circuit Court of Cook County, making her the state’s first openly transgen- der elected official… Scott Kozlov is the Chief Ethics Officer and Legal Counsel for Cook County Clerk Karen Yarbrough … Venable LLP announced that it is opening an office in Chicago with the addition of three Chicago-based partners who focus on construction law: Kenneth M. Rob- erts , Heidi Hennig Rowe , and Mark C. Friedlander … Erik Jones has joined Ven- able LLP as a partner in the eCommerce, Privacy, and Cybersecurity Practice in the Chicago office… Freeborn & Peters LLP announced the formation of the firm’s Consumer Products Industry Team to help its consumer product manufacturing clients strategically and comprehensively address every facet of their business. The Chicago Daily Law Bulletin rec- ognized 50 exceptional women leaders in the law including CBA members: Aurora Abella-Austriaco , Valentine Austriaco & Bueschel, P.C.; Margaret Battersby Black , Levin & Perconti; Margaret Benson , Chicago Volunteer Legal Services; Amy Blumenthal , Gould & Ratner; Patricia C. Bobb , Patricia C. Bobb & Associ- ates; Marci Eisenstein , Schiff Hardin LLP; Teresa Wilton Harmon , Sidley; Maggie Hickey , Schif f Hardin LLP; Michele Jochner , Schiller DuCanto and Fleck LLP; Elizabeth Kaveny , Kaveny + Kroll Trial Lawyers; Sarah F. King ,
Clifford Law Offices; Andrea S. Kramer , McDermott Will & Emery; Mary Meg McCarthy , National Immigrant Justice Center; Shannon McNulty , Clifford Law Offices; Nancy Paridy , Shirley Ryan Abil- ity Lab; Kristen Prinz , The Prinz Law Firm; Hon. Lorna Propes , Circuit Court of Cook County; Meredith Ritchie , Alli- ant Credit Union; Stephanie Scharf , Sharf Banks Marmor, LLC; Susan J. Schwartz , Corboy & Demetrio; and Eileen Sethna , Levenfeld Pearlstein. Peter Mierzwa named president of Law Bulletin Media… Barnes & Thornburg recognized Richard R. Boykin , Bridge Builders Consulting &Legal Services, Bar- bara Flores , Commissioner of the Illinois Workers’ Compensation Commission, and TomTunney , Alderman of Chicago’s 44th Ward, with the firm’s Chicago Diversity Trailblazer Award… CBA Board of Man- agers member Trisha Rich of Holland & Knight will be joining New York Univer- sity’s School of Law as an adjunct professor for the spring semester. Condolences Condolences to the family and friends of Mike Kramer , president of Law Bulletin Media, former U.S. Attorney James Burns (most recently the Inspector General for the Illinois Secretary of State), and former CBA Election Law Committee Chair Richard K. Means .
CBA RECORD 17
Shattering the Silence on Sexual Harassment in Our Legal Community By Kathryn C. Liss
I t is naïve to believe that sexual harass- ment – a term just 45 years old, but an action as old as time – will fully disappear. There will always be an issue when power dynamics are out of balance, regardless of gender identity, sexual orien- tation, race, or age. However, we cannot sit still when we have a moral and ethical obligation to protect the vulnerable and to champion the rights of others as legal pro- fessionals. Especially when confronting sexual harassment within our legal com- munity, it is our duty as legal professionals as well as public citizens to do better. Most victims of sexual harassment continue to remain silent out of fear of retaliation, stigmatization, or hopelessness. Perpetra- tors mostly remain unchecked and free to continue harassing others while advancing within their careers. Despite concerted efforts, sexual harassment within the legal community continues day after day, week after week, year after year. Historical Framework Sexual harassment remains a significant issue with a short legal history that starts with the Civil Rights Act of 1964 (CRA), signed into law by President Lyndon B. Johnson. Title VII of the CRA first laid the legal foundation for sexual harassment prevention, but did not go so far as to specifically include sexual harassment in the legislation itself. In an effort to enforce Title VII and end unlawful discrimination
in the workplace, the CRA created the Equal Employment Opportunity Com- mission (EEOC), which started its opera- tions one year after Title VII became law. Sexual harassment litigation did not occur until 1974 when the federal judiciary confronted the first Title VII case in Barnes v. Train . This case is commonly considered the first sexual harassment lawsuit in the United States, although the term “sexual harassment” was not yet coined when the case was decided. Ms. Barnes alleged she was terminated from her employment because she refused her supervisor’s sexual advances, which her supervisor claimed would enhance her employment status
(i.e., quid pro quo sexual harassment). The court found no discrimination existed upon the facts and dismissed the case. Ms. Barnes appealed and won her appeal in 1977. In 1976, the U.S. District Court for the District of Columbia found that quid pro quo sexual harassment constitutes sex discrimination under the CRA in Williams v. Saxbe . Here, the court found that a male supervisor retaliated against Ms. Williams by firing her following her refusal of his sexual advances. In 1980, the EEOC established criteria for sexual harassment in the workplace and declared it a violation of Section 703 of
Survivors’ Statements: The real-life stories that appear with this article are from courageous victims of sexual harassment. They represent just a small sampling of what has and is happening within our legal community. Some have been edited slightly, but all are the victims’ own words. When I was a 2L, I clerked at a firm. While doing computer research, a paralegal at the firm came behind me and grabbed my breasts. This happened out of nowhere – no previous flirtations by him or advances; it was random and terrible. I reported this to my supervising attorney (a partner at the firm), who then brought it to a named partner. Those two partners confronted the man who did this. I was then told later that because he admitted to doing this, rather than lying and denying, that was the end of it. I was a naïve law student and simply moved on. I never spoke to the person again after this happened. I know that I am not the last person who experienced something like this though, and I wish for this to not happen to others. ‒ Anonymous
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Title VII. Also in 1980, the Illinois Human Rights Act (IHRA) went into effect and created a cause of action for workplace dis- crimination, including sexual harassment. In 1986, the U.S. Supreme Court heard the landmark case of Meritor Savings Bank v. Vinson in which the Court unanimously ruled that “severe or pervasive” sexual harassment of an employee by their super- visor results in a hostile work environment, which is a violation of Title VII of the CRA. Additionally, the Court indicated that the alleged sexual advances must be
Quid pro quo sexual harassment occurs when an employer explicitly or implicitly offers some job benefit in exchange for sexual favor(s). Hostile work environment harassment is discrimination based on sex or gender that interferes with an employee’s job performance or is unwelcome and cre- ates an intimidating, hostile, or offensive work environment that is unwelcome, regardless of the harasser’s intent. Examples of a hostile work environment can include, but are not limited to, inappropriate jokes, sexually explicit images, and/or unwanted
be subject to sexual harassment pursuant to Title VII, as the conduct was reasonably perceived to be hostile or abusive. In 2015, the EEOC created a Select Task Force on the Study of Harassment in the Workplace. This Task Force spent 18 months examining the complex issues associated with all types of workplace harassment and issued a report finding the following about sexual harassment in the workplace: between 25%-85% of women (depending on the survey) have experi- enced it; it leads to increased employee
Over 10 years ago, I was an associate at a small boutique firm in Cook County where I was often forced to go out with clients and ‘show them a good time.’ Normally I would order water and leave as soon as possible. One night, I was out with a judge and his attorney brother and had something slipped into my drink. I woke up the next morning unable to recall anything that happened shortly after I met with them. I was beyond sick and went to the hospital, where they found traces of a date-rape drug in my body. I reported the incident to the police, but they were unable to prove anything, as the men denied giving me this drug. Additionally, I did not receive any support from my then-boss. My female coworkers said I deserved it and laughed at me. I felt shamed, and still feel violated to this day. ‒ Anonymous
unwelcome in a sexual harassment claim. The EEOC’s guidelines and definition of sexual harassment were affirmed, and the Court established levels of employer liability. The Court also determined that speech or conduct alone can create a “hos- tile environment.” The Court in Vinson recognized the following two types of actionable sexual harassment claims underTitle VII: (1) quid pro quo and (2) hostile work environment.
physical contact. In 1993, the U.S. Supreme Court held in Harris v. Forklift Systems, Inc. that vic- tims of sexual harassment need not prove that the harasser’s conduct “seriously affect [the employee’s] psychological well-being” or cause the victim to “suffe[r] injury” to show an abusive work environment. In Harris , Ms. Harris was frequently the target of unwanted sexual innuendos; therefore, in a unanimous decision, she was found to
turnover, which can be extremely costly; and it is linked to “psychological effects such as negative mood, disordered eating, self-blame, reduced self-esteem, emotional exhaustion, anger, disgust, envy, fear, low- ered satisfaction with life in general, and abuse of prescription drugs and alcohol.” In 2017, the #MeToo movement high- lighted the ongoing problem of sexual harassment in the workplace. As a result, sexual harassment claims filed with the EEOC in FY 2018 rose to 7,609, a near 14% increase from FY 2017. In FY 2019, the number of claims dropped slightly to 7,514. On January 1, 2020, Illinois amended its IHRA to expand protections against workplace sexual harassment as noted above. It also enacted the Workplace Transparency Act (WTA), part of which prohibits unilateral nondisclosure agree- ments (NDAs) related to unlawful employ- ment practices in separation and settlement agreements. However, the WTA legally allows employers to bargain with employ- ees (existing and new) for NDAs regarding unlawful employment practices if the NDA is mutual, in writing, demonstrates actual knowing or bargained-for consideration
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