CBA Record January-February 2020
JANUARY/FEBRUARY 2020 CBA
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January/February 2020 • Volume 34, Number 1 CONTENTS INSIDE THIS ISSUE 24 Confronting Implicit Bias in Communities By Nina J. Fain and Sarah E. Redfield 28 Questioning the Constitutional Value of Hate Speech By Justice Michael B. Hyman 31 Motion Practice in Illinois Reviewing Courts: Beyond Seeking Time Extensions By J. Timothy Eaton YOUNG LAWYERS SECTION 34 The Influence of the Young Lawyers Section Alumni By Octavio Duran 35 Personal Injury and Nusing Home Actions: Reconciling Split Decisions on a Decedent’s Legal Disability By Bill Cook 37 How to Identify a Company’s Financial Distress by Using Cash Flow Statements By Michael D. Pakter, CPA 40 50 Years in Practice Richard F. Friedman
6 Editor’s Briefcase
Intriguing Facts About Abraham Lincoln
8 President’s Page
CBA’s Role in Critical Events in 2020
10 CBANews 18 Chicago Bar Foundation Report 20 Murphy’s Law 23 LPMT Bits & Bytes 39 Summary Judgments Review of Julie E. Justicz’s Degrees of Difficulty 42 Legal Ethics The ChangingWorld of the Corporate Lawyer
Big Brother in a Pretty Package
On the Cover “Winter Wave” photo courtesy of Ted Glasoe, copyright 2018, all rights reserved. Ted Glasoe is a fine art nature photographer specializing in photos celebrating Lake Michigan. To view more images, visit tedglasoe.com or email firstname.lastname@example.org.
The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, 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.Subscriptionsfornon-membersare$25peryear. PeriodicalspostagepaidatChicago,Illinois.POSTMASTER:Send addresschangesto CBARecord ,c/oMembership, Chicago Bar Association,321SouthPlymouthCourt,Chicago,Illinois60604. Copyright2020byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.
EDITOR’S BRIEFCASE BY RICHARD LEE STAVINS, ACTING EDITOR-IN-CHIEF 10 Intriguing Facts About Abraham Lincoln
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 Daniel J. Berkowitz Illinois Attorney General’s Office Kruti Patel Charles Wintersteen Law Group Kaitlin King Hart David Carson LLP Carolyn Amadon Samuel, Son & Co. Amy Cook The Farmer Chef Alliance Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Hinshaw & Culbertson Jasmine Villaflor Hernandez Cook County State’s Attorney’s Office Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Law Office of Clare McMahon Pamela S. Menaker Clifford Law Offices Peter V. Mierzwa Law Bulletin Media Kathleen Dillon Narko Northwestern Pritzker School of Law Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Robbins, Saloman & Patt, Ltd. Caryn Suder
A braham Lincoln undoubtedly was Illinois’ greatest lawyer. February 12, 2020 being the 211th anni- versary of his birth, here are some obscure and occasionally intriguing facts about Honest Abe: • He was the first American president born outside the original 13 states ‒ as was his nemesis, Jefferson Davis, first and only president of the Confederacy. Both were born in the same state, Kentucky, one year and 100 miles apart. • In 1832, Lincoln served in the Illinois militia during the Black HawkWar, but saw no combat. He was elected captain of his regiment by his fellow troops for his one- month term of enlistment. After the month, he was mustered out and then re-enlisted as a private and never rose above that rank. At the same time, Jefferson Davis was a Lieutenant in the same Black Hawk War. • The officer who mustered Lincoln out of the Illinois militia when each of his two terms of enlistment expired was Colonel Robert Anderson. As students of Civil War history know, Anderson was the command- ing officer at Fort Sumter in Charleston Harbor in 1861 when (and where) the Civil War began. • Lincoln’s grandfather, also named Abraham Lincoln, was a captain in the Virginia militia during the Revolutionary War. As students of early American geog- raphy know, at the time of the Revolution what later became Kentucky was a part of Virginia, which then ran due west to the Mississippi River. • Lincoln was elected to only one federal office before being elected president. He served one two-year term in 1849-51 in the U.S. House of Representatives. At the
same time, Jefferson Davis (him again!) was a U.S. Senator. • Contrary to legend, Lincoln was not a political failure before his election to the presidency in 1860. In addition to his one term in Congress, he was elected to four terms in the Illinois legislature. • The only president to hold a U.S. Patent was Abraham Lincoln. It was for a device to lift steamboats off of sandbars, and was never a commercial success. In those days, patent applications had to be accom- panied by a miniature working model of the invention. Lincoln’s model still exists today, and is in the custody of the Smithsonian in Washington, DC. • Although Lincoln may or may not have represented indigent clients (the stories go both ways), he definitely repre- sented the Illinois Central Railroad, the biggest and wealthiest client in the state at the time. His typical fee for each matter for the IC was $5,000 ‒ a small fortune at the time. • Lincoln started poor, but he sure didn’t end up that way. When he died in 1865, the value of his probate estate exceeded $100,000. Converting that to 2020 dollars is inexact, but a reasonable ratio is 15 to 1. • Lincoln never attended any law school, or any college, or any high school. He had one year of formal school ‒ in what we would call today an elementary school. He became a lawyer by studying law in the offices of other lawyers in Springfield, and then successfully passing the bar exam, on the first try, we might add. The source for much of this column: A Lincoln Treasure Trove by Fred Antil.
Loyola University Chicago Rosemary Simota Thompson Judge E. Kenneth Wright, Jr. Circuit Court of Cook County
THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing
6 January/February 2020
A Special Notice to all Lawyers Who Reside in or Practice in Cook County
The Moses, Bertha & Albert H. Wolf Fund
he Chicago Bar Association 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 email@example.com
PRESIDENT’S PAGE BY JESSE H. RUIZ CBA’s Role in Critical Events in 2020: Census and Elections
The Chicago Bar Association www.chicagobar.org
President Jesse H. Ruiz
first – but to do so effectively, we must also take care of ourselves. We must do all this while being conscious of the role of our profession in an ever-changing nation and world, and while considering the current opportunities and risks that exist. As I enter my 25th year of membership in the Chicago Bar Association, my appre- ciation for the CBA has never been greater. In this rapidly changing world, where the speed of change seems to accelerate every year, and where the word “disruption” has become very applicable to our profession, I am so grateful that the CBA helps me anticipate the changing demands on our profession and evolve to meet them. It is a critical role, and like our individual roles with clients, we as the CBA cannot neglect self-care so that we may effectively serve the needs of our members and our community long into the future. Thus, the CBA board of managers and I have continued to focus on the health and future of our bar association. We have
First Vice President Maryam Ahmad
Second Vice President E. Lynn Grayson
Secretary Ray J. Koenig III
Treasurer Timothy S. Tomasik Executive Director Terrence M. Murphy
Assistance Executive Director Elizabeth A. McMeen Immediate Past President Steven M. Elrod BOARD OF MANAGERS Jonathan B. Amarilio Octavio Duran Sharon L. Eiseman Nina Fain Charles P. Golbert Judge LaShonda A. Hunt Judge Diane Joan Larsen Judge Lori E. Lightfoot Kathryn C. Liss Michael R. Lufrano Lauren S. Novak Judge Nichole C. Patton Trisha M. Rich Federico M. Rodriguez Ajay N. Shah
T he start of a new year often makes us pause to reflect and set goals for our practices and other things we want to accomplish. We should take this time not only to focus on business plans, but also on plans for care of our mind, body and spirit. As lawyers we are required to put the interests and needs of our clients
Adam J. Sheppard Adam M. Zebelian
8 January/February 2020
placed greater emphasis on monitoring, renewing and growing our membership, and reviewing the services and programs that our members want and need. We aim to be, and need to be, essential to every lawyer in the Chicagoland area. By continuing to explore and enter into partnerships with other bar associations and professional associations, and by lever- aging technology, we also hope to garner members and patrons well beyond the Chicagoland area. We have also explored the addition of new programs that can attract other streams of financial support to the CBA and other services that can grow non-membership revenue. We have a phenomenal asset in our headquarters building, and we are con- tinuing to explore opportunities to better leverage and utilize it for the benefit of our membership and association. This winter, we will embark on essential strategic plan- ning to ensure that the CBA remains a strong and dynamic bar association for another 145 years. All this to say that we continue to focus on investing in our association for our future and promoting
a culture in our membership of investing in each other. But please know that while we look ahead, we will never lose sight of the comradery and the traditions that have made the CBA such a special organization. While we look to the future, we are also very much grounded in the present and the issues and opportunities that impact our profession and our community. 2020 brings us two critical events: the 2020 Census and important elections. The U.S. Constitution requires that every person living in the United States is counted every 10 years to ensure fair rep- resentation and distribution of resources. The 2020 Census is critical to all of us, so as leaders in the legal community and our state, the CBA will engage in efforts to encourage the full participation of all Illinoisans. The U.S. Census Bureau will carry out the census in the spring, and Census Day is on April 1, 2020. You can learn more about State of Illinois efforts for a full and complete census at Census. Illinois.gov. We will go the polls March 17, 2020
for a primary election to vote for candi- dates for critical roles in our courts, local, state and federal government, including candidates for Cook County State’s Attorney and the Illinois Supreme Court. The CBA, through its semi-autonomous Judicial Evaluation Committee (JEC), will continue to evaluate candidates for judicial offices and sitting judges seek- ing retention within Cook County. As a service to the public, the CBA reports the JEC’s findings for all elections. The CBA is also exploring sponsoring candidate forums in critical races to help further inform our members and the public at- large of the vital choices they will make on election day. Critical issues facing our nation and the legal profession will also be a focus during our annual spring bar trip to San Diego from April 2-5, 2020. We will have CLE programs on immigration that take us to the Mexico border and on the sustainable practice of law and innovation. It is going to be an active 2020. I hope you will join us in San Diego and in all we will do this year.
CBA RECORD 9
Bar ShowWraps Up on a High Note By Sally Daly, CBA Public Affairs Director
W ere you tired of so many people lying about so many things in 2019? So were the talented singing and dancing lawyers of the Chicago Bar Association – and they decided to do something about it! The annual CBA Bar Show “For Lying Out Loud!” wrapped up on a hilarious high note, completing the 96th season of the storied CBA tradition. More than 50 CBA attorneys hit the stage to perform the annual rousing musical comedy revue that features creative songs and skits that parody local and national political figures and the top news stories and issues of the year. The 2019 production introduced some new characters and featured some brilliantly creative song spoofs. These included a song and dance number about Chicago Mayor Lori Lightfoot – “Proud Lori” – set to the music of the classic song Proud Mary. Another number featured the character of Patty Blagojevich imploring Gov. J.B. Pritzker to “Let Him Go.” “Sincere thanks to the sponsors, cast and crew of ‘For Lying Out Loud!’ for bringing us together to celebrate the holiday season with joy and laughter,” said CBA President Jesse Ruiz, who took to the stage with CBA Executive Director Terry Murphy on opening night to lend their voices in support of the longstanding CBA tradition.
10 January/February 2020
CBA Announces Partnership with “Lawyers in the Classroom” Program By Sally Daly, CBA Public Affairs Director
T he Chicago Bar Association has partnered with a long- standing civic education program that brings lawyers directly into the classrooms of Chicago-area elementary schools. CBA members are invited to join the cause to help teach students about the U.S. Constitution and the principles of democracy. The new partnership is with the Edward J. Lewis II Lawyers in the Classroom program, which had previously been administered by Constitutional Rights Foundation Chicago (CRFC). The program has now been transitioned to the Association’s charitable entity, CBA Television Productions Inc. “The Chicago Bar Association has long supported the out- standing work of Constitutional Rights Foundation’s Chicago’s Lawyers in the Classroom program,” said CBA President Jesse Ruiz. “This partnership is a perfect fit for the mission of our associa- tion and our philanthropic objectives. I know that our members will answer the call to volunteer and participate in this outstand- ing program.” The program places attorney volunteers in second through eighth-grade classrooms to teach a curriculum that promotes civic education and teaches students about their rights and responsibilities embodied in the Bill of Rights and the U.S. Constitution. Teachers and lawyers serve as role models for the students and augment civics lessons, using real-life experiences to enhance critical thinking skills. More than 600 attorneys from 40 Chicago law firms have participated in the program. Teams of lawyers from large and small firms partner with individual schools and visit the school three times per year to conduct the program. Approximately 60
Chicago-area schools are participating in the program this year. Benjamin Kurtz, a partner at Kirkland & Ellis, was introduced to the program when he was a summer intern at Kirkland in 2007 and has been volunteering for the program ever since. “This program provides a fun, interactive learning experience that challenges students to think critically about civic participa- tion and justice,” said Kurtz, who now leads his firm’s participa- tion in the program. “The students’ insight and creativity are contagious, and attorneys who volunteer leave energized to return again for future sessions.” Tiffani Watson, an educator and former dean who adminis- tered the program for CRFC for the last two years, has joined the staff of the CBA and will continue to lead the Lawyers in the Classroom Program. “We are tremendously excited about this partnership, and I look forward to connecting the members and the resources of the Chicago Bar Association to foster strong partnerships with our teachers and students,” said Watson. Members who wish to volunteer for the Lawyers in the Class- room Program can contact Watson at firstname.lastname@example.org or at 312-554-2060.
The CBA Young Lawyers Section partnered with the National Immigrant Justice Center’s Chicago Legal Protection Fund team to host immigration legal screening clinics at Malcolm X College and Wilbur Wright College on November 19. During the event, 40 legal volunteers provided 40 legal screenings to community members.
CBA RECORD 11
Benefits of Mediation in Family Disputes By Katie Liss, CBA Record Editorial Board
T he CBA sponsored a panel discus- sion on the mediation process in family disputes. Panelists included Judge Helaine Berger (Ret.), a mediator at ADR Systems; Samantha Bell Sugarman, a partner at Griffin McCarthy & Rice LLP; and Jessica Winkler Boike, a partner at Beermann LLP. They provided perspective and insight on when and why mediation is appropriate in family disputes. Key issues discussed included how separating parties with or without children can make the most of mediation to allocate assets and liabilities, determine parenting time, allocate parental decisions (e.g., educa- tion, medical, religion, and extracurricular activities), and support of the children and/ or of a spouse. Panelists distinguished between media- tion (“a process in which a mediator facilitates communication and negotiation between parties to assist them in reaching a voluntary agreement regarding their dispute,” pursuant to 710 ILCS 35/2(1)); arbitration (an impartial third party other than a judge resolves a dispute); and the collaborative law process (a collaborative team of attorneys and neutrals work with the parties outside the court system to reach an agreement). They noted that there are myriad ways to mediate a family dispute. Some of these include the use of private mediators vs. public mediators (e.g., through the county); attorney assisted mediation vs. non-attorney assisted mediation; evaluative mediation (pointing out weaknesses in a case and predicting how a judge would rule) vs. facilitated mediation (helping everyone achieve their goals in reaching a settlement); or all-day mediation vs. seg- ments of mediation. Regardless of which mediation route the parties choose, the panelists were very clear that mediating family disputes – which
Pictured left to right: Jessica Winkler Boike, Samantha Bell Sugarman, and Judge Helaine Berger (Ret.).
often run high with emotions – offers the following benefits: 1. Confidentiality: The mediation process is private and confidential. Settle- ment agreements (a/k/a Memorandum of Understanding) will not be used in the court process unless incorporated into an agreed order and entered by the court. Settlement terms are also without preju- dice. However, if a third party such as a guardian ad litem is invited to a mediation, it is important to note and disclose to the parties that whatever is discussed could be disclosed to the court. Pursuant to 750 ILCS 5/506, guardians ad litem may be called as witnesses for cross-examination and are also required to submit a report to the court regarding recommendations concerning the children. 2. Control: The mediation process allows the parties keep control of their lives by reaching an outcome – with each other’s input – that will work best for their family, instead of having it determined by a third party. “Studies have shown media- tion helps divorcing couples who need to have a continuing relationship, such as in a co-parenting situation or a business dispute, by giving them more control,”
said Judge Berger. 3. Emotional Release & Closure: Break-ups do not happen in a vacuum; there are causes with emotional effects. Mediation allows each party to express possible feelings of hurt, anger, frustra- tion, or whatever else they may feel about the other party in a controlled setting. After being heard and possibly having a chance to respectfully talk face-to-face with each other, the parties can then begin to work through the details of their case and attempt to settle with each other on a more positive note. This is especially beneficial when the parties have children together and will need to communicate going forward. The panel contrasted this with the litigation model, in which the parties’ feelings are irrelevant to their case, noting that Illinois is a no-fault state (the reason behind a divorce is immaterial to a party’s argument). 4. Cost-Effective: Mediation tends to be more cost effective than litigation. Reaching an agreement in mediation will avoid court dates, formal discovery, hear- ings, pretrial conferences, and/or trial, all of which are billable to the client.
Watch the on demand video of “The Mediation Process in Family Disputes” (11/12/2019) at www.chicagobar.org/cle.
12 January/February 2020
Diving into the Deep End of Legal Research By Caryn Suder, CBA Record Editorial Board T he CBA Young Lawyers Section convened a panel of legal research experts to explain how to develop
with proximity connectors to find phrases that might have some intervening words. Follow a research pathway, which can be either source driven – which begins with a known source on the topic – or content driven, which begins with a database search. Take notes during this process: write down citations, as well as key num- bers and notes about content. Note the terms and filters used in searches (some databases have functions that help with this). Also, consider adding notes about any preliminary analysis. Finding too many sources indicates the need to narrow the search. Finding too few sources likely indicates a need to broaden the search. It is critical to understand the legal problem; consulting a secondary source may be helpful before going further. Repeatedly finding the same references, or an approaching deadline, are good signs to stop researching. Lastly, update sources using KeyCite or Shepard’s. Be sure to look at history and subsequent treatment for each point of law used in a case. Free and Low-Cost Sources Anne Hudson, Senior Faculty Services Librarian at DePaul College of Law, addressed the use of free and low-cost sources. Free resources are particularly good for finding a specific case or statute. Government sites with this information are updated almost immediately. Free and low-cost resources can be more difficult to use than fee-based services. Many don’t have the helpful tools, such as tables of contents for statutes, key num- bers, and summaries, that fee-based ser- vices have. Judicial opinions are published chronologically. Illinois regulations that are available free online have no date on the main page for readers to assess currency. It therefore may be wise to use a fee-based
service in some instances. When using a free or low-cost source, it is critical, just as when using fee-based sources, to know the relevant facts, issues, and jurisdiction. Also, because many help- ful tools aren’t built in, it is even more important to generate multiple search terms for a topic (e.g., dog, canine, pet) than when using fee-based sources. Hudson provided multiple helpful free sources, including the following: • For primary authority, go to https:// www.govinfo.gov for federal material (but sometimes the name changes) and https://www2.illinois.gov for Illinois material. • For secondary authority such as treatises and journal articles, good sites include Google Scholar, https://scholar.google. com, and HeinOnline, https://home. heinonline.org. • Worldcat, https://www.worldcat.org, shows which libraries have which pub- lications. • General legal websites such as the Legal Information Institute, https://www. law.cornell.edu, Findlaw, https://www. findlaw.com, and Justia, https://www. justia.com, allow one-stop shopping for a wide variety of materials. • ABA and ISBA members have access to blogs and podcasts; CBA members can access the @theBar podcast as well as Lexology. • Law library research guides, which list topic-specific resources, can also be extremely helpful. DePaul College of Law’s Rinn Law Library offers a research guide listing the above free sources and more at https://libguides.depaul.edu/ freelegalresearchsources. Transitioning from Law School to a Law Firm The final panelist, Deborah Rusin, Library
and execute a legal research plan, how to use free and low-cost sources for research, and what to expect when transitioning from law school to a law firm. Allen Moye, Associate Dean for IT and Research at DePaul College of Law, addressed use of a research plan. Before beginning research, be able to answer the following questions: How much time is allotted for the assignment? What form of final work product is expected? Are there limitations on sources to be used? Does anyone in the office know of good resources to use? What background infor- mation is important to know about the law or terminology? Is there anyone who should be consulted about the matter before getting started? Once those questions are answered, follow a step-by-step strategy. First, ana- lyze the facts. Dean Moye suggested using the TARP model to assist in thinking of search terms. “T “ is the thing or subject. “A” is the cause of action – the claims or defenses involved. “R” is the relief sought, and “P” is the parties or persons and their relationship, such as employer/employee or physician/patient. Next, frame the legal issue. What is the general area of law at issue? Contracts? Torts? Employment? Then, what is the subject within that area of law? Negligence? Toxic torts? Lastly, what is the type of law and what body issues it (statutory, regula- tory, or case law)? Then, execute the research. Look at facts, and search using terms that relate to the core legal question, as well as terms that focus on relationships. Look at doctrine, and use legal terms of art. Then decide which terms and connectors to use. Group synonyms together, and search for phrases
Continued on next page...
To watch the on demand video of “Diving into the Deep End of Legal Research” (10/18/2019), visit www.chicagobar.org/cle for more information.
CBA RECORD 13
Services Manager at Freeborn & Peters, LLC, provided advice for new lawyers who are transitioning from doing research in the law school environment to doing research in the law firm environment. She offered the following pointers. Learn what partners expect, and what resources are available to the firm or prac- tice group. Get to know the firm’s librar- ians. Before researching, check the firm’s document management system, which may already have document examples or research. Learn the costs associated with fee-based services. Some content may be outside the firm’s agreement with a service
and may be billed at a higher rate. She also urged participants to take advantage of training sessions, and not to delay in asking for help if needed. At Hudson’s firm, many follow the maxim that when using a fee-based service, log off and seek help if there are no results after 6 minutes. Consider the best way to use others’ time, which may or may not be billable. Determine who might be the best person to assist with a particular task, such as a law librarian, clerk, or paralegal. Before asking for help, know the ultimate question that needs to be answered, the jurisdiction, the client file number, and the deadline for
getting results. Be prepared to explain any research steps already taken. Participants also offered useful tips. For example, for additional resources beyond what a firm offers, both the Cook County Law Library at the Daley Center and the Rinn Law Library at DePaul College of Law are open to the public. The Cook County Law Library offers public access toWestlaw and Lexis, among many other resources. The Rinn Library offers an “ask-a-librarian” feature that can be accessed by phone or online at https://law.depaul.edu/library/ services/Pages/online-reference.aspx.
New MCLE Rules - Please Submit Your IL ARDC Number The Supreme Court of Illinois has adopted new Rules requiring the CBA to report individual attorney attendance for seminars AND committee meetings. Individual attendance is reported using an attorney’s ARDC number. Please make sure that the CBA has your ARDC number in our database. Add your number to your member profile at www.chicagobar.org (under My Membership Tab) or send email to email@example.com (please include your name, CBA number, and ARDC number in the email).
The Chicago Bar Association Young Lawyers Section Texas Hold’em Tournament & Casino Night Fundraiser Gatsby’s Speakeasy February 20, 2020 • 6:00 PM School of the Art Institute of Chicago
Proceeds Benefit The Chicago Bar Foundation
14 January/February 2020
The Nuts and Bolts of Nuanced Job Searching By Caryn Suder, CBA Record Editorial Board
I n a recent CLE program, Kathy Morris of Under Advisement, Ltd., the featured career counselor of the CBA Career Advancement Program, discussed five subtle but effective ways that lawyers can differentiate themselves from other candi- dates when searching for a new position. The tips outlined below can be applied to a wide variety of settings, such as formal and informal networking, resumé and cover letter writing, creating a profile on LinkedIn, and interviewing. 1. Brand yourself. Think about how you can best frame who you are and what you want to be. What can you promote about yourself that will distinguish you from the next person? Too many lawyers put so much in a resumé that employers can’t tell who or what they really are, or what they bring to the table. Decide on the impression you want to create, and craft statements consistent with that impression. For example, if you want an in-house posi- tion that involves some managerial work, highlight managerial or leadership skills and experiences. If you want to shift from transactional work to litigation, highlight experiences where you were an advocate. 2. Tell your story. Many lawyers have a differentiated career path but fail to pres- ent their history cogently and cohesively. Prospective employers need to understand how your career path fits into where you want to go with them. Help guide the conversation, and don’t confuse people. Say, for example, “I’m a transactional generalist with niche experience in estate planning,” or “After working in both law
and business, I’ve decided to follow the natural progression of these interests and go in-house.” Other lawyers are afraid to address what they perceive as negatives in their career history. Instead of sidestepping these issues, tackle them head on. For example, if your only job has been as a lawyer for your grandmother’s business, say, “Having served as legal counsel for my family’s company for years, I wish to bring my loyalty and accelerated experience to a larger corporation.” If you took a break from your career to raise a child or care for a sick parent, say, “There were some family challenges, but those are well behind me now and I am ready to hit the gas pedal on my career.” If you are new to Chicago, and you think a prospective employer is afraid you might leave after a year or two, say, “I am anchored in Chicago.” If you are asked to explain further, say, ”My family is here,” or “I recently bought a house here” (provided, of course, that your family really is here and that you did buy a house). Don’t merely list the places you’ve worked and what you did there. Be truth- ful, show how the pieces of your story fit together, and blend your truth with advocacy. 3. Focus on outcomes, not just tasks. Talk about results. Have you tried seven cases to successful verdict? Improved a specific system in the workplace? Gener- ated new business? Argued a case of first impression? Been promoted? Done pro bono work that had a great outcome? Prospective employers want to know what
you can do for them. Tell them. 4. Word things well. Use words that make you appear interesting and compel- ling. Instead of saying that you are a strong advocate (like so many lawyers do), say that you are unflappable, and provide an illustration. Instead of saying, “I’m experi- enced in X, ” say, “I’m the go-to person in my office for X,” or, “My colleagues come to me when they have a problem with X.” Return to the impression you want to create, and choose your words accordingly. If you are changing directions in your career, say, “I have decided …,” or “After enjoying working in both the law firm and corporate settings, I am focused on . . .” 5. Show enthusiasm. The number one reason people don’t get the job is because those hiring don’t think they want it. Say things like, ”It would mean a great deal to me to work for X company/firm,” or “I’m very flexible and I would welcome the chance to…,”or “I enjoy tackling challenges and welcome the opportunity to….” Stay within your personality when choosing your words, while being sure to let employers know that you want to work there. In sum, understand why you’ve taken the career path you’ve taken thus far, what you’ve learned from it, where you want to go, and what value you will bring to your next employer. Then, be prepared to talk about those things in a compelling and interesting way. Small changes in how you speak about yourself and your career can make a big difference in how prospective employers perceive you.
Free Meeting Room Space for Members at Association Headquarters
The CBA is pleased to offer free meeting room space at Association Headquarters (321 S. Plymouth Ct., Chicago, IL 60604) as a benefit to our members. The meeting rooms create the perfect environment to work between meetings or courtroom appearances, or to escape the office for a couple hours. All rooms are equipped with Wi-Fi. You can reserve shared meeting room space or a private room Monday through Friday, 8:30 a.m. to 11:30 a.m. and 2:00 p.m. to 6:00 p.m. See details and a reservation form at www.chicagobar.org/chicagobar/freemeetingspace.
CBA RECORD 15
Highlights of the 2019 Legislative Year By Juli Vyverberg, Director, CBA Lawyer Referral Service and Legislative Program
Public Construction Bond Act to permit recovery for rental charges, similar to the Illinois Mechanic’s Lien Act. Specifically, the amendment adds the terms “mate- rial, labor, apparatus and fixtures and machinery” to the list of items furnished on a public construction project exceeding $50,000, and for which a bond is required. Drafted by: Real Property Committee (Mechanics Lien and Construction Law Subcommittee)
Three bills were drafted by CBA substan- tive law committees, reviewed by the Legislative Committee, and approved by the Board of Managers to be included in the CBA’s 2019 Legislative Program of the 101th General Assembly (GA). These proposals for sponsored legislation should not be confused with the non-sponsored legislation that the CBA tracks. Non-spon- sored legislation includes bills introduced in the State Senate and House by sitting legislators that are deemed to be of special interest to the CBA’s constituency and the legal profession in general. In the 2019 Session, the Legislative Committee, chaired by Ben Orzeske, reviewed more than 100 pieces of non- sponsored legislation and recommended positions on 50-plus bills that were adopted by the Board of Managers. The CBA’s legislative counsel, Larry Suffredin and Tom Suffredin, helped implement the Association’s legislative program and worked closely with the legislative liaisons for each of the CBA Practice Commit- tees. The CBA’s three sponsored bills are detailed below: HB 1471 (A. Williams, Munroe, McDermed, Maz- zochi) Creates the Illinois Trust Code (ITC), an Illinois version of the Uniform Trust Code. It is intended to modernize trust law in Illinois, codify common law concepts that currently apply to trusts, and provide uniformity in relation to trust law in other states. It sets forth manda-
tory requirements and provisions of the ITC that prevail, and changes the duties of trustees and the responsibilities of representatives. It repeals the Trusts and Trustees Act, the Trusts and Dissolutions of Marriage Act, the Uniform Powers of Appointment Act; the Statute Concerning Perpetuities, the Perpetuities Vesting Act, and the Trust Accumulation Act. Effective January 1, 2020. Drafted with assistance from: Trust Law Committee HB 2722 (Fine, Sims) Amends the Code of Civil Procedure by editing the “prayer of relief ” language in an effort to make the court systemmore understandable to the public. Except in personal injury cases, “every count in every complaint and counter- claim must request specific remedies the party believes they should receive from the court.” The law also changes the “ad damnum” language in an order to simplify the archaic and confusing wording. In personal injury actions, “if a complaint is filed that contains an amount claimed and the claim is not necessary to comply with the circuit court rules about where a case is assigned, the complaint shall be dismissed without prejudice…”. Drafted by: Legal Aid Committee HB 2722 (Gong-Gershowitz) Amends the Public Construction Bond Act. This law adds language to Sections 1 and 2 of the Illinois
If you have questions or comments regard- ing the CBA’s legislative program, please contact Juli Vyverberg at 312-554-2062 or firstname.lastname@example.org.
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16 January/February 2020
CLE & MEMBER NEWS
The CBA is your local spot for MCLE
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Free MCLE Credit Tracker
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CBA RECORD 17
Chicago Bar Foundation Report
The CBF Justice Entrepreneurs Project Seeding Innovative New Firms to Serve Everyday People By Connor Henry, CBF Intern (Fall 2019)
T he legal services market for everyday people is broken. Low- and middle- income people struggle to find afford- able legal help, and lawyers trying to serve this market find it increasingly difficult to do so in a sustainable manner. All too often, low- and middle-income people are left to deal with legal problems on their own. To bridge this gap, the Chicago Bar Foun- dation’s Justice Entrepreneurs Project (JEP) has proven that lawyers can successfully serve these clients while maintaining a healthy practice. The JEP is a small business incuba- tor for lawyers starting their own socially conscious law practices that serve low- and middle-income Chicagoans.Through work- shops, access to resources, and a network of top-notch professionals donating their time, the JEP helps attorneys employ innovative entrepreneurial techniques and use market- based models to build flourishing practices. JEP attorneys practice in a range of areas, but their methods are similar. Up-front and set pricing, flexible billing agreements based on individual need, unbundled legal services, and maximized use of technology and attorney-client collaboration make their services more accessible and affordable for clients.To date, the JEP has helpedmore than 50 attorneys build sustainable and socially conscious firms, collectively providing afford- able services to more than 5,000 people each year. Three JEP attorneys are profiled below. Roya Samarghandi spent several months at externships in the juvenile division and at
a public defender’s office while in law school. This exposed her to some of the disadvantages within the legal system early on. “I knew the population I wanted to serve, but how to serve that population and be profitable was what I didn’t know,” she said. A Master of Laws program in England cemented her desire to combat the shortcomings in the U.S. legal system, and an email from the CBF promoting the JEP convinced her to quit her job as a corporate transactional attorney and create Carmel Law. “[The JEP] gives you a leg up and allows you to build a practice that reflects your personality and goals. It was a safety net I didn’t know I needed.” Roya has nowmanagedCarmel Law for over four years and is looking to grow. She said, “It gives me freedom in other areas of my life. I would do it all over again.” Another JEP alum is Keith Southam , the founder and principal attorney of Southam Law. Specializing in immigration law, Keith understands the stress of dealing with immi- gration issues. Early in his career, he witnessed how frustrated people can get when lawyers use complex jargon and breeze through con- fusing legal options.That’s why he wanted to start his own practice. By providing accurate and easy-to-understand information, Keith ensures that his clients know exactly what their legal options are and the outcomes of those options. He offers individually tailored billing plans that are discussed in advance to minimize cost barriers. “What attracted me to the JEP was the business training,” Keith
said. “JEP gave me a space and the business know-how to get started.” Keith works hard for his clients, and the results show. “I was hoping to see a 20% increase in profit from last year, but I greatly surpassed that mark,” he said. “I’mmoving to my own space soon, and I’m expecting my intake to double.” Fatimeh Pahlavan also graduated from the JEP program and uses her services pri- marily to help aspiring entrepreneurs grow their businesses. Her firm, Legal Intelligence to Entrepreneurs (LITE), offers traditional
The attorneys highlighted here are just three of the many impressive lawyers in the JEP network. To learn more about all of the at- torneys in the network and connect someone looking for legal help, contact jepchicago.org.
18 January/February 2020
was initially unsure about law as a career. “I felt that if I was going to join an existing law firm, I would have to suppress portions of my personality,” she said. But everything changed after she discovered the JEP. “What JEP does is help people understand how to create a framework to house the practice.” Leaving the security of her job to launch her own firm wasn’t easy, but Fatimeh loves her life now. “[Starting LITE] was super scary, but it was exponentially less scary than the idea of working in a law firm…doing work I didn’t care for. Now, I can’t imagine ever going back.” The JEP’s entrepreneurial curriculum and strong network of support helps attor- neys in all practice areas establish their own sustainable firms to serve a population that has been frequently overlooked in the legal market. The JEP is now a national model that has helped inspire the creation of similar programs throughout the country, meaning
legal counsel and legal education work- shops to help people create and monetize a business. Fatimeh said, “My ambition is to free individuals to be self-actualizing and ultimately also to create a richer economy in which we have greater representation in the marketplace.” Coming out of law school and working as a judicial law clerk, Fatimeh
many more people are getting the help they need in Chicago and beyond. Such wide- spread success also proves that lawyers don’t have to join traditional law firms to build a successful practice—there are ways to sustain- ably serve financially limited clients with the right business model.
Sheriff Tom Dart Kicked Off a Look at How to Best Represent Clients with Mental Health Issues
Cook County Sheriff Tom Dart visited the CBA on November 14 to kick off a discussion exploring the challenges lawyers and judges face in assisting and representing clients with mental health issues. “Searching for Answers: Serving Clients with Mental Health Issues” examined how the criminal justice system handles mentally ill detainees, the mental health pilot program in the Circuit Court of Cook County, diversionary programs for those withmental health issues and lawenforcement training inassisting the mentally ill. Sheriff Dart also discussed his efforts to enhance treatment and programming for the mentally ill persons at Cook County Jail. A recording of the program is available via on demand video at www.chicagobar.org (see pricing and MCLE information online).
Participants in the program included Matthew Davison of the Illinois Guardianship & Advocacy Commission; Cook County Circuit Court Presiding Judge Sharon Sullivan; Alexa James, Executive Director of the Chicago Office of National Alliance on Mental Illness (NAMI); Sheriff Dart; John W. Whitcomb, chair of the CBA’s Mental Health and Disability Law Committee; and Robert Kreisman, chair of the CBA’s Public Affairs Committee.
CBA RECORD 19
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