CBA Record January-February 2022
JANUARY/FEBRUARY 2022 CBA
Life Lessons Learned: Distinguished CBA Members Reflect on Long Careers
Inside the Issue: Celebrating Black History Month
Margaret Battersby Black
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CBA RECORD CONTENTS
January/February 2022 • Volume 36, Number 1
Editor’s Briefcase WiseWords fromOur Elders President’s Page What Matters Most: Diversity in Our Legal Profession
INSIDE THIS ISSUE
Life Lessons Learned: Distinguished CBA Members Reflect on Long Careers By Clifford Gately and Pamela Sakowicz Menaker Interlocutory Appeals as of Right in Probate Estates By Richard Lee Stavins
8 CBANews 16 Chicago Bar Foundation Report
CELEBRATING BLACK HISTORY MONTH
18 The Pulse 40 Nota Bene
Critical Race Theory: The Right Answer to the Wrong Question By Patrick Dankwa John DICE: History Will Judge—Advancing an Ethical Strategy Toward Authentic Diversity By Nina Fain
The Power of Pronouns: 5Years Later
42 LPMT Bits & Bytes
What Santa Didn’t Bring: 8 Tech Ideas for the NewYear
Black History Month Reading Suggestions Curated by the CBA DICE Committee
44 Summary Judgments
YOUNG LAWYERS SECTION
Throw It in the Sea: AMemoir By Samuel Der-Yeghiayan with Tara Der-Yeghiayan Roth
Calling All Athletes By Tracy Brammeier
46 Practical Ethics
Pass Some SALT: Breaking Down the New Illinois Pass-through Entity Tax Election By Nick Aylmer, CPA & Ted Kontopoulos Preparation for Litigators: The Importance of Reading Local Court Rules and Standing Orders By Kaitlyn Costello
6 Essential Risk Management Strategies for Small Firms
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. 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 2022 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.
A group of older people recently described their lives in a recent New York Times article. They reported higher levels of contentment and well-being than young people. Though “not always gleeful, they were resilient and not paralyzed by the challenges that came their way. None went to a job [they] did not like, coveted stuff [they] could not afford, brooded over a slight on the subway, or lost sleep over events in the distant future. They set realistic goals.” This issue offers thoughts on life and the practice of law from 14 of the CBA’s most senior members. All of them are resilient and undaunted. They graduated law school in the 1950s or early 1960s, when few women and people of color could become lawyers. They witnessed much, survived much, and learned much along the way. And throughout their lifetimes, they have experienced inconceivable changes in just about every aspect of human existence. Their lives have been lives of meaning, of purpose, of surprises. Lives uniquely their own. Nonetheless, their journeys can inform ours. The 14 interviewed are: • Lee Abrams, Senior Counsel, Mayer Brown; admitted 1957. • Sidney H. Axelrod, family law practitioner; admitted 1952. • Judge William Bauer, Seventh Circuit Court of Appeals; admitted 1951. • Stanley B. Block, arbitrator and former shareholder, Vedder Price; admitted 1957. • Edgar A. Blumenfeld, civil litigation, family, and real estate lawyer, retired; admitted 1950. • Joseph R. Curcio, founding partner, Curcio Law Offices; admitted 1956. • Ronald Domsky, Professor Emeritus of Law, University of Illinois Chicago Law School; admitted 1958. • Mitchell Goldgehn, founding partner, Aronberg, Goldgehn, Davis & Garmisa; admitted 1953. • Sharon L. King, retired, former partner, Sidley & Austin LLP; admitted 1962. • Jerry Levy, S. Jerome Levy & Associates, P.C.; admitted 1955. • Judge Richard Mills, Senior United States District Judge of the United States District Court for the Central District of Illinois; admitted 1957. • Newton N. Minow, Senior Counsel, Sidley Austin LLP and former Chairman of the FCC; admitted 1950. • Joseph L. Stone, Professor at Loyola University School of Law, Of Counsel, Seyfarth Shaw, and former CBA president; admitted 1959. • Justice Warren D. Wolfson (retired after 33 years), Distinguished Visiting Professor of Law and former interim Dean, DePaul University College of Law; admitted 1957. We could have devoted an issue to each of them. Special thanks to Cliff Gately and PamMenaker for overseeing this effort. And thanks also to CBA Editorial Board members Dan Berkowitz, Anthony Fata, Judge Jasmine Hernandez, Lynn Kopon, John Levin, and Judge E. Kenneth Wright Jr. for conducting the interviews. The experience of getting old was wonderfully captured by Israeli Prime Minister Golda Meir when she said, “Old age is like a plane flying through a storm. Once you’re aboard, there’s nothing you can do. You can’t stop the plane, you can’t stop the storm, you can’t stop time. So one might as well accept it calmly, wisely.” As you read Life Lessons Learned: Distinguished CBA Members Reflect on Long Carrers on page 20, I believe you will agree with me that these 14 passengers have accepted their aging both calmly and wisely. BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF Wise Words from Our Elders 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 Kaitlin King
Hart David Carson LLP Theodore Kontopoulos BKD LLP
Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Office Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Lynn Semptimphelter Kopon Kopon LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Hoffenberg & Block LLC Pamela S. Menaker Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC 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 2022
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PRESIDENT’S PAGE BY E. LYNN GRAYSON What Matters Most: Diversity in Our Legal Profession
The Chicago Bar Association www.chicagobar.org
President E. Lynn Grayson
to improve diversity, equity, and inclu- sion (DEI) in the legal profession. Maya Angelou said, “Do the best you can until you know better. Then when you know better, do better.” As a legal profession, we certainly know the critical importance of DEI in law and its significance in improving access to justice. Even though we know better, the question remains, can we do better? How can we explain the lack of DEI progress in the legal profession? Some suggest that DEI may be inappropriately viewed as a social responsibility instead of as a business imperative. A McKinsey study recently found that diverse compa- nies are more likely to outperform their peers by up to 36%. Patricia Holmes, past CBA President and Managing Partner at Riley Safer Holmes & Cancila LLP, will tell you that diverse and inclusive teams are better teams, and that better teams deliver better results for clients. The firm’s dedication to attracting, retaining, nurturing, and advancing lawyers from all groups and walks of life is a key to their success. Ben Wilson, founder of the Diverse Lawyers Network and the African Ameri- can Managing Partners and General Counsels Network and Beveridge and Diamond’s Chair, believes that it is impor- tant for lawyers to be intentional about diversity. He notes that “…it doesn’t matter if you’re in a leadership posi- tion: if you don’t make a difference, you don’t change the status quo.” Under his leadership, the AAMPGC has worked to successfully connect, retain, and promote attorneys of color in the legal profession.
First Vice President Timothy S. Tomasik
Second Vice President Ray J. Koenig III
Secretary Kathryn Carso Liss Treasurer John C. Sciaccotta
Immediate Past President Maryam Ahmad
T he legal profession is less diverse than other professions. Despite years of effort and commitments to make the legal community more inclusive, 82% of lawyers are White, compared to 81% of architects and engineers, 78% of accountants, and 72% of physicians and surgeons. Furthermore, 62% of lawyers are male, less than 19% of equity partners in law firms are women, and only 6.6% are racial or ethnic minorities. Writing for the Washington Post earlier this year, Stanford University law professor Debo- rah Rhode confirmed that Blacks, Latinos, Asian-Americans and Native Americans make up a fifth of law school graduates, but they constitute fewer than 7% of law firm partners and 9% of general coun- sels of large corporations. The problem extends to women, who make up more than a third of the profession but only about a fifth of law firm partners, general counsels of Fortune 500 corporations, and law school deans. Now more than ever, the legal com- munity needs to act not only to address racial inequality in our communities but
Executive Director Elizabeth A. McMeen
BOARD OF MANAGERS Michael Alkaraki
Hon. Charles S. Beach II Alexis Crawford Douglas Octavio Duran Robert W. Fioretti Malcolm “Skip” Harsch Risa R. Lanier Patricia L. McCarthy Hon. James M. McGing Hon. Clare Elizabeth McWilliams Juan Morado, Jr.
Brandon Peck Ashley Rafael Antonio M. Romanucci
Hon. Maria Valdez Sandra S. Yamate
6 January/February 2022
The Mansfield Rule The Mansfield Rule, a project run by the Diversity Lab, is a 12-month certification process that aims to boost the represen- tation of historically underrepresented lawyers in law firm leadership. The Mansfield Rule measures whether firms have considered 30% women, racial and ethnic minorities, LGBTQ+ lawyers, and lawyers with disabilities for top leadership roles, equity partner promo- tions, formal client pitch opportunities, and senior lateral positions. It is named after Arabella Mansfield, the first female lawyer in the U.S., and was inspired by the NFL’s Rooney Rule, a policy that encourages NFL teams to interview at least one minority candidate for head coaching positions. The Mansfield Rule project recently announced that all 118 firms achieved certification for the first time. In addi- tion, 92 of the firms achieved Mans- field Rule Plus certification, ensuring that 30% of lawyers staffed on matters
resulting from formal pitch meetings also come from these same historically underrepresented groups. The Diversity Lab also reported that Mansfield-certified firms saw an increase in diverse lawyer leadership from 8.6 to 12.6% in the 2017–2019-time frame, compared to a much smaller increase (from 8.6 to 8.7%) for non-Mansfield certified firms. The CBA’s DICE Initiative The CBA’s launch this year of its Diver- sity, Inclusion, Culture, Equity and Engagement (DICE) initiative, led by Justice Michael B. Hyman and CBA Board Member Nina Fain, is another positive DEI development. DICE will examine diversity issues impacting our communities and our legal profession. The initiative aims to create activities and events to promote diversity, inclu- sivity, equity, and engagement in all aspects of the CBA. What more can the legal profession
do to advance and promote DEI? For starters, do we really need to be reminded that DEI must be embraced by all of us and not delegated to women and people of color? DEI must be a priority and part of a sustained, collective, ongoing effort that we all must work at together each day in government, companies, firms, not-for-profit organizations, law schools, and bar associations. When it comes to the importance of DEI in the legal profession, we know better, and we can do better. Sage advice on what lawyers must do comes from Justice Michael B. Hyman speaking at the CBA’s recent programs on hate—he advised everyone that at a minimum, lawyers need to “step up, stand up, and speak up” to defend against racism and hate in our communities. This is the kind of action we can take each day to improve not only our legal profession but the communities where we live and work.
On Archbishop Desmond Tutu, a Friend of the CBA
By Judge E. Kenneth Wright, Jr.
ArchbishopDesmondTutu, who died inDecember, spoke at a CBA luncheon onMarch 9, 2009, duringmy time as president. His topic was violence’s dam- aging effect, especially on children. To the CBA family and the public, he said, “Whenwe see the face of a child, we think of the future.We think of their dreams about what theymight become, andwhat theymight accomplish. It is our moral obligation to give every child the very best education possible. Children learn about the nature of the world from their family. They learn about power and about justice, about peace and about com- passion within the family. Whether we oppress or liberate our children in our relationships with themwill determine whether they grow up to oppress and be oppressed or liberate and be liberated.” Archbishop Tutu’s message on why we must eliminate violence in our soci- ety remains a collective duty, one which our profession must continue to address and remedy.
CBA RECORD 7
CBANEWS Milestone: CBA’s @TheBar Podcast Achieves 100K Downloads By Ann Glynn, CBA Public Affairs Director
I n just over three years, the CBA’s @TheBar Podcast has reached a mile- stone many podcasts never achieve: 100,000 downloads. Originally created to appeal to young lawyers as an information and entertainment source, the podcast has grown in popularity, garnering a substan- tial audience while hosting notable guests and timely topics. The podcast is hosted by Jonathan Amarilio, a partner at Taft Stettinius & Hollister in Chicago, and a rotating group of CBA member co-hosts. The hosts aim to provide “infotainment” that can be enjoyed by anyone through unscripted and informal conversations with guests while encouraging them drop their guard and reveal something new and surprising. “Lawyers are often portrayed as serious and self-important. But the truth is that, while we’re often at the center of the news, we like to sit around a table and share amusing stories and insights, like everyone else,” said Amarilio. “Our podcast helps
capture that side of us.” Many high-profile guests have joined the program in recent months, including Michele Shugart, the prosecuting attorney on the “Dr. Death” Peacock series; retired Judge Bill Kunkle, prosecutor on the John Wayne Gacy case; Dick Schultz, the pros- ecutor on the Trial of the Chicago 7; and Rob Bilott, the attorney who brought the case against DuPont and was depicted by Mark Ruffalo in the movie Dark Waters. Coming up, Amanda Knox, who spent four years in an Italian prison for her roommate’s murder before being acquit- ted in 2015, will join the program. Hosts will also talk with the prosecutor from the “Operation Family Secrets” mob trial. Amarilio added, “The opportunity to speak with and learn from new and inter- esting people every month and having the cachet of the CBA behind you when you do so, opens more doors to great conversa- tions than I could have imagined. Every conversation teaches us at least a dozen
things we didn’t know when the conversa- tion began.” Distributed by the Legal Talk Network (LTN), the nation’s premiere legal pod- cast network, the podcast is available for download from Apple, Spotify, Stitcher, and Google. Check out the podcast here: legaltalknetwork.com/podcasts/chicago- bar.
The CBA’s @theBar is planning an upcoming mailbag episode. Send an email to firstname.lastname@example.org and share what you think was themost interesting legal topic, case or headline from2021. In the submission, indicate if youwould like to be credited or remain anonymous. @theBar hosts will discuss audience submissions in a forthcoming episode in early 2022.
CBA Chorus and Symphony Orchestra to Return
The CBA’s Chorus and Symphony Orchestra have scheduled their first rehearsals since the pandemic began forWednesday, January 12, 2022 at 6:00 p.m. Openings in many sections for new members. Email for details and to get involved: SeanHoffman (Chorus) at seanmichaelhoff- email@example.com and Emily Fishman (Symphony Orchestra) at cbaso. firstname.lastname@example.org.
8 January/February 2022
A Special Notice to all Lawyers Who Reside in or Practice in Cook County The Moses, Bertha & Albert H. Wolf Fund
T he Chicago Bar Association manages the Moses, Bertha and Albert H. Wolf Fund to aid attorneys who reside in 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. For more information, contact Beth McMeen, CBA Executive Director, at 312- 554-2004 or email@example.com.
Hate andWhat You Can Do About It By Lynn Semptimphelter Kopon, CBA Record Editorial Board Member T he Chicago Bar Association DICE Committee (Diversity, Inclusion, Culture, Equity and Engagement),
in partnership with the CBA Record and the Young Lawyers Section, presented a two-part CLE series: Commentary and Conversation: Hate and What You Can Do About It. The series delivered important infor- mation to advance the DICE Committee’s mission, which is to educate and equip lawyers to address and challenge anti- minority attitudes and sentiments. DICE is co-chaired by Nina Fain and Justice Michael B. Hyman, Illinois Appellate Court and CBA Record Editor-in-Chief, who moderated the series. In her introductory remarks, CBA President E. Lynn Grayson noted that the FBI’s 2020 hate crime data shows the highest level of hate crimes in the United States since 2008. Yet the numbers, while crucial, do not represent the true extent of the problem, due to underreporting or failure to report by victims as well as law enforcement. Noting that systemic racism is at the heart of hate crimes, Grayson pointed out that in 2020, hate crimes against Asian Americans were up 70%, and against Afri- can Americans 40%. Racism has always existed, but in recent years it has come out of the closet. Hyman stated that racism weakens us, devastates us, and divides us. He emphasized that as lawyers, we have an affirmative duty to step up, stand up, and speak up. The recognition of hate crimes, as distinct from other forms of crime, can be traced back to the 1980s; 46 states now have some form of hate crime law. In the FBI’s 2020 data, race and ethnicity accounted for 63.7% of all hate crimes among other categories of religion, sexual orientation, gender identity, gender, and disability. A sharp rise in hate crimes against African Americans between 2014 and 2020 was noted. These rising num- bers, combined with declining participa- tion in reporting by police departments,
community. Organizations advocating for the rights of this community include LAMBDA Legal, Center on Halstead, Aids Foundation, Equality Illinois, and Illinois Safe Schools Alliance. Myths, politicization, and stereotyp- ing are all prominent in racism and hate crimes. For example, regarding the myth that Asian immigrants are model immi- grants, history shows that this myth was intentionally promulgated by a white sociologist to pit Asian Americans against African Americans. In fact, the Asian community suffers from some of the greatest wealth disparities in the country. Much of this disparity can be traced to immigration laws that in some cases admitted only low-skilled Asian laborers at certain points in time and only high- skilled, educated immigrants at others. These selective immigration policies have contributed to the stereotypes related to Asian immigrants. People with criminal records can also be victims of hate crimes. Almost 95% of people who have been incarcerated will be released back into the community. In Illinois, there is no real “second chance” because once involved in the system, these people only get punished, not rehabili- tated. And since violence can result from
indicate that the hate problem is on the rise. The Anti-Defamation League’s response is anti-bias education; advo- cacy for comprehensive and inclusive hate crime laws; prioritization of data collection; and a community-centered approach. The series highlighted the many faces of hate in our communities. After the attack of 9/11 in New York, there were 32 murders of Arab Americans and attacks on churches, mosques and businesses. Efforts of the Middle Eastern and North African communities here in Chicago, resulted in inclusion of this group in the Business Enterprise Ordinances. Minority Busi- ness Enterprise recognition is important to minority business in Chicago, and this hard-fought recognition was a sign of progress and inclusion. Among the many faces of hate, 2021 is on pace to be the deadliest year for the murder of transgender people. The specific targeting of transgender women of color remains a paramount concern. It is important to recognize the reality of this hate and to actively engage in efforts to combat it. Among the LGBT+ com- munity, nearly one-third of young people in school will hear a negative comment from a faculty member regarding this
10 January/February 2022
The series is available on demand at learn.chicagobar.org (IL MCLE credit available). Session panelists and participants included David Goldenberg, Midwest Regional Director, Anti-Defamation League; Brian C. Johnson, CEO of Equal- ity Illinois; Judge William Haddad (ret.), Founding President of the Arab American Bar Association; SodiqaWilliams, General Counsel and Vice President of External Affairs at the Safer Foundation; Juan Morado Jr., partner, Benesch Friedlander Coplan & Aronoff LLP; and Grace Pai, Executive Director, Asian Americans Advancing Justice, Chicago. education and representation and to make room for minority participation in the Bar and on the Bench. Grayson quoted Maya Angelou: “Hate caused a lot of problems but solved not one.” As lawyers, we can become part of the solution through education, advocacy, and unity against hate.
inequities over time, many offenders in need of a second chance never actually had a first chance, due to lack of educa- tion, mental illness, or substance abuse. Studies show that 60% of unsheltered men and 58% of unsheltered women in Illinois were previously incarcerated, so providing services – including hous- ing, education, job placement, and legal services – for those being released from prison will positively impact communi- ties. In Illinois, 3.3 million people have arrest and conviction records, and the majority need help reintegrating into the community. A holistic model that uses a network of community-based organiza- tions to focus on employment, reduce harm, and promote equity is needed. Discrimination against Chicago’s Hispanic residents takes many forms, including deprivation of rights, threats, and lack of services. For example, about 40% of Chicago Public Schools students are Hispanic, but language services are lacking. Hate and discrimination can create intimidating encounters with law
enforcement in which, for example, a routine traffic stop may lead to arrest, detention, and the threat of deportation. Many crimes against tax-paying and law- abiding residents are unreported due to a threatening climate, which increases their targeting for exploitation and criminal activity. Both sessions of Hate and What You Can Do About It provided break-out ses- sions to discuss what we can actually do to combat this scourge. Clearly, education is key. As lawyers, we can see that activity based on hate is an insult to the rule of law, and therefore we must take it person- ally. As Hyman stated at the close of the sessions, there is only one race, the human race, and we must get along. Participants emphasized that we have a duty to speak up about bigotry, stereo- typing, and hate. As lawyers, we have a duty to make sure the legal system works for everyone, and that The Chicago Bar Association presents a loud, strong voice against hate. It is also important to strengthen cultural competency through
CBA Offers Resources for Solo Start-ups Starting your own law practice can be a daunting proposition. The Chicago Bar Association recently launched a new CLE series for attorneys starting out on their own. The “Starting Your Solo Practice” series highlights the important legal and business foundations that practitioners should consider when they open the door of their new legal practice. Jennifer Byrne, the CBA’s Director of Continuing Legal Education, developed the series based on feedback frommem- bers looking for more resources for solo practitioners. “The shift in the workforce during the pandemic has motivated a number of attorneys to consider starting a solo practice. With this in mind, we wanted to offer more training and educa- tion to help them hit the ground running for a successful launch of their practice. “ The series has offered classes including “The Basics of Starting a Solo Practice,”“Build a Firm that Meets Clients Where They Are,”“Intro to Client-Centered Pricing,”“Money Matters,”“Trust Accounting and Credit Card Payments,”“Understand- ing Business Development,” and “Marketing 101.” A new slate of classes will be offered in 2022 covering client services, risk management, technology, work/life balance, and insurance. You can register for upcoming sessions and view past sessions on demand at learn.chicagobar.org.
CBA RECORD 11
What’s Going On: Policing in Chicago Under the Consent Decree By Ann Glynn, CBA Public Affairs Director W hi le the City of Chicago continues to grapple with the arduous process of implement-
ing police reform, the CBA and the Union League Club of Chicago recently hosted a conversation on the history of the Chicago Police Consent Decree, police use of force, community, and police engagement and first amendment issues. Presented jointly by the CBA Public Affairs Committee and the ULCC’s Administration of Justice subcommittee, the event featured a panel of legal and civil rights experts offering analysis and observations on the progress of the imple- mentation process. The consent decree, a court order mandating broad police reform, went into effect March 1, 2019, to reform police training and policies and support officers in implementing safe, constitutional polic- ing practices. An independent monitor was appointed to oversee compliance with the decree. Robert Kreisman, Chair of the CBA Public Affairs committee and the ULCC Administration of Justice subcommittee, moderated the discussion and explained its timing: “Two years after the Consent Decree was first implemented, we wanted to reconvene to review the progress that has been made and what still needs to be done.” Featured panelists included Cara Hen- drickson, Executive Director, BPI-Chicago; Amy Meek, Civil Rights Bureau Chief at the Illinois Attorney General’s Office; and Ed Yohnka, Director of Communications, American Civil Liberties Union of Illinois. The discussion began with an overview of the Consent Decree, highlighting the stages of compliance of the Chicago Police
Pictured from left: Cara Hendrickson, Executive Director, BPI-Chicago; EdYohnka, Direc- tor of Communications, American Civil Liberties Union of Illinois; and Amy Meek, Civil Rights Bureau Chief, Illinois Attorney General’s Office.
Department. “Although CPD has made a lot of progress in some important areas, there is still much work to be done,” said Meek. “For close to half of the require- ments in the Decree, the CPD has not completed the first steps towards reform, which is that preliminary compliance includes developing required policies and procedures.” Yohnka added, “From the ACLU’s per- spective, what we’ve seen so far is a lack of full commitment by the CPD and the City of Chicago to really engage in implement- ing the decree.” The discussion covered a wide range of topics including police accountability, the SAFE-T Act, excessive use of force, racial profiling, data quality, officer wellness, first amendment issues, and community engagement. “I’d like to end on a note of optimism,” Hendrickson concluded. “I want to paint
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Members who missed this event can watch it on-demand at learn.chicagobar.org.
12 January/February 2022
Back to Basics: Affidavit Refresher CLE Offered By Daniel J. Berkowitz, CBA Record Editorial Board Member A s part of the Young Lawyers Sec- tion’s long-running Practice Basics series, Margaret Mendenhall
Casey, Assistant Corporate Counsel at the City of Chicago, and Daniel J. Berkowitz, Assistant Attorney General at the Illinois Attorney General’s Office, shared their tips for drafting affidavits. The presentation began with a review of the basic elements necessary for an affida- vit: (i) a signed statement made (ii) under oath that is (iii) based on the personal knowledge of the signatory and is (iv) not supported by opinion, hearsay, or specula- tion. Illinois Rules (Ill. S. Ct. R. 191; 735 ILCS 5/1-109) and Federal Rules (Fed. R. Civ. P. 56; 28 U.S.C. § 1746). Affidavits act as a substitute for live testimony. When facts are established by affidavit and are uncontradicted by opposing affidavit (or evidence), those facts are taken as true and are admitted for the purpose of the motion. There are, of course, limits to affidavits. A self-serving affidavit with no other evi- dence does not create a genuine issue of material fact. National Union Fire Ins. Co. of Pittsburgh v. DiMucci , 2015 App (1st) 122725. In Illinois courts, strict compli- ance with Rule 191(a) is mandatory, and failure to attach documents relied upon in support of such an affidavit is fatal. Doe v. Coe, et al. , 2017 IL App (2d) 160875. The presentation transitioned from the basics of what is an affidavit to how attor- neys can use affidavits in their practice. Affidavits are generally used to establish facts or evidence to help a party convince a court to act. Affidavits are used in a variety of legal pleadings and proceedings. They could be used to support a Motion for Summary Judgment, a Motion for a Tem- porary Restraining Order, and a Complaint for Medical Malpractice (735 ILCS 5/2- 622), as well as in many other scenarios. Casey and Berkowitz emphasized that affidavits can be tested and contested. Opposing counsel may bring a Motion to Strike to test the appropriateness of an affidavit and whether it is applicable to the issue at hand. For example, a failure
port. Compare Avdic , 2014 IL App (1st) 121759, ¶¶ 26–28, with Madden , 395 Ill. App. 3d at 388.
to have a properly sworn statement will render the proposed evidence inadmissible in its entirety. See Judge-Zeit v. Gen. Park- ing Corp. , 376 Ill. App. 3d 573, 586 (1st Dist. 2007). Under Ill. S. Ct. R. 191(b), an opposing party can claim they need discovery before contesting an affidavit presented by the other party, though strict compliance with the rule is required. Kens- ington’s Wine Auctioneers & Brokers, Inc. v. John Hart FineWine, Ltd. , 392 Ill. App. 3d 1, 12 (1st Dist. 2009). Among the important considerations to keep in mind when drafting affidavits are the personal knowledge of the affiant and what kind of factual support the affidavit must include. A robust body of case law fleshes out what must be in an affidavit to demonstrate that the signatory to the affidavit has sufficient personal knowledge to attest to the contents of the affidavit. See, e.g., Nichols v. City of Chicago Heights , 2015 IL App (1st) 122994, ¶ 62; US Bank, National Association v. Avdic , 2014 IL App (1st) 121759, ¶¶ 26–29. Conversely, a number of cases explain why the affiant has insufficient personal knowledge. See, e.g., Essig v. Advocate BroMenn Med. Ctr. , 2015 IL App (4th) 140546, ¶ 47; Madden v. F.H. Paschen, S.N. Nielsen, Inc. , 395 Ill. App. 3d 362, 388 (1st Dist. 2009). A similarly robust body of case law consid- ers sufficient and insufficient factual sup-
Daniel J. Berkowitz is an Assistant Attorney General assigned to the General Law Bureau of the Office of the Illi- nois Attorney General, and a member of the CBA Record Editorial Board.
This CLE presentation may be viewed at learn.chicagobar.org and is free to CLE-Advantage Plan Members.
Need MCLE Credit to meet your state requirement? Visit learn.chi- cagobar.org to see a list of upcom- ing seminars and an archive of over 200 on demand seminars.
14 January/February 2022
CLE & MEMBER NEWS If you recentlymoved, joinedanewfirm, createdanewemail account, or have a newphone number, please take amoment to update your member profile. Add your employment setting and practice areas to receive notice regarding seminars and other events that relate specifically to you. You can easily do this online at www.chicagobar. Update Your Contact Info, Employment Setting, and Practice Areas to Receive Helpful Practice Resources
org; log in with your member number as your username and 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. If you have any problems logging in or updating your profile, call 312-554-2000or email firstname.lastname@example.org.Thank you!
Web Highlight: Save Money on CBA Member Discount Programs
Save on LexisNexis, LawPay client credit card processing, Ruby virtual office receptionists, Credible student loan rates, UPS, legal software, andmore. Newer partners includeAlliant Credit Union, Carr Workplaces, Homethrive senior resources and Levitate marketing software. Visit www.chicagobar.org./save for more information and
links toour discount providers.Theseprograms havebeennegotiated tooffer you savings and special offers as a value-addedbenefit of your CBA membership. Make the most of your membership investment and check out these savings!
CBA and YLS Practice Area Committees Continue to Provide Strong Programming: Now Virtual, Attend from Anywhere!
Did you know that the CBA has over 50 practice area committees and 25 young lawyer committees that meet monthly during the noonhour toupdatemembers onpracticedevelopments, newcourt procedures, and helpful practice tips? Over 40 new programs are available each month featuring judges, legal experts, and business leaders. And best of all, as a members-only benefit, these virtual meeting presentations are free and offer about one hour of free IllinoisMCLE credit if watched live (note, mostmeetingpresentations are also archived at learn.chicagobar.org but do not qualify for MCLE credit). Meeting participation also allows you to connect with thought leaders and other colleagues to share information, develop To help you get the best return on your investment in technology, the CBA’s LawPracticeManagement &TechnologyDivision regularly sponsors demonstrations of hardware and software geared to legal professionals. In an hour or less, learn how to use common technologies to be more productive, efficient, and tech savvy! Visit learn.chicagobar.org to get a schedule of upcoming Webcasts of How To seminars. Many HowTo seminars are also archived on demand at no cost at lpmt.chicagobar.org/how-to-video-library in a player optimized for full screen and/or mobile viewing. Sample titles include: Calendar/
new business relationships, meet potential mentors, create support networks, and more. There are never any extra fees to join CBA orYLS committees, and newmembers arewelcome! Joinatwww.chicagobar.org/committees andcheck theCBAeBulletineveryThursday for upcomingcommittee 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, andother special notices related toyour practiceareas directly from your committees via email. You may also elect to receive practice area updates from Lexology based on your practice areas. Appointments; Career Issues; Cloud Computing; Communication & Email; DocumentManagement/Automation; eDiscovery; eFiling; Firm Management; Law Practice Management applications; Marketing/ SocialMedia;Mental HealthandWellness;MicrosoftOffice; Operating Systems; PDF; PracticeArea Specific; ProjectManagement; Research; Security; andWebBrowsers.Theseon-demandversions donot award MCLE credit. Send questions about the video library and other law practice management issues to Anne Haag, CBA Law Practice Management Advisor, at email@example.com.
Check out the CBA’s Law Practice Management & Technology Video Library
Take control of your practice, time, cases, and clients, from anywhere. SimpleLaw is the only case management software that connects you with potential clients, manages cases, and your practice, all in one place. We can’t make your legal case easier, but our case management software makes managing it Simple. CBA members get 2 months’ free use of SimpleLaw with an annual subscription or 10% off the monthly subscription rate. Learn more at www.simplelaw.com/chicago-bar.
CBA RECORD 15
Chicago Bar Foundation Report
Leading Our Legal Community towards a Fairer and Better New Normal By Emme Veenbaas, CBF Manager of Development & Communications A s a CBA Member, you continue to make a tremendous impact through your Foundation by coming together with your peers throughout our legal community to strengthen building a fairer and better justice system for the future. As we begin 2022, the work you make possible through the CBF is more important than ever. Visit chicagobarfoundation. org to learn more about your impact and the many ways you can continue to support the CBF’s work. the pro bono and legal aid system and develop innovative solutions to advance access to justice. Below are some examples of how you have continued to make a real difference over the past year while
25th Annual CBF Fall Benefit
More than 1,500 people came together for the 25th annual CBF Fall Benefit. We were thrilled to see so many supporters, friends, families, and smiles after a year of being virtual. Special thanks to our co-chairs, Vida E. Cruz and Matthew T. Furton, and our many law firm and corporate sponsors that continue to make this great event possible.
16 January/February 2022
For the first time, attendance at the CBA and CBF’s 17th Annual Pro BonoWeek was hybrid. Hundreds of lawyers and other legal professionals in Chicago participated in-person or virtually in one of the many fan-favorite events to celebrate the inspiring pro bono work in our community and to learn more about new opportunities to make an impact in the year ahead.
23rd Annual CBA/CBF Pro Bono & Public Service Awards Luncheon
We were excited to hold our first post-pandemic event at one of Chicago’s most ven- erable institutions, the Hilton Chicago. We also were proud to award the inaugural Justice Thomas L. Kilbride Public Service Award. Just as importantly, we were humbled to honor seven unsung heroes in our profession for their remarkable pro bono and public service achievements.
Cook County Legal Aid for Housing and Debt (CCLAHD) Program
The CBF is a lead partner with the Circuit Court, Cook County, andmany other legal aid, government, and community partners in developing this groundbreaking program to provide critical legal help for people facing consumer debt challenges, evictions, fore- closure, and other housing issues. The program has helped more than 20,000 people since its launch, and it already has been recognized as a national model by the White House and other national organizations.
Building a Fairer & Better Justice System, Together The CBF is your foundation, where you come together with your colleagues in Chicago’s legal community to make the justice system more fair and accessible for everyone. Learn more about the CBF and how you can involved at www.chicagobarfoundation.org.
CBA RECORD 17
Practice Basics Series Whether you are a new(ish) lawyer looking to understand the basics of legal practice or a more seasoned attorney looking to refresh your skills... look no further than the CBA’s Practice Basics Series. Members have access to free seminars focused on core lawyering skills such as evidence, motion practice, discovery, depositions, and more. Find upcoming and on demand programs at www.chicagobar.org/chicagobar/prac- ticebasics or learn.chicagobar.org. Congratulations To Lawyers’ Assistance Program Board Member Judge Sheila M. Murphy (ret.) on co-authoring Readings in Restorative Justice, which addresses the complex issues of the legal system… Kathryn C. Liss , DePaul University College of Law, Schil- ler DuCanto & Family Law Center, was appointed a member of the Committee on Character and Fitness, First District… Hon. Patricia BrownHolmes (Co-Chair), Leynee Cruz Flores, James Botana , and John Gallo were added to Illinois Supreme Court Justice Mary Jane Theis’s Judi- cial Screening Committee… Returning committee members are Co-Chair, Hon. Wayne R. Andersen (Ret.), Hon. David Coar (Ret.), Mary Dempsey , Denise Kane , Beth Kaveny , Michael Monico , Michael Rothstein , Sister Catherine Ryan , RichardWaris , and MarkWojcik . The Diversity Scholarship Foundation at its virtual Unity Gala presented the Advocate for Diversity Award to Antonio M. Romanucci , Romanucci & Blandin Law; Cook County Circuit Court Judge Megan Goldish ; Erica N. Byrd , Valen- tine Austriaco & Bueschel; Jennifer L. Rosato Perea , DePaul College of Law Dean and Professor; Adam M. Zebelian , Schiller DuCanto & Fleck; and Marvet Sweis Drnovsek , founder of MSD Injury Lawyers… Foley & Lardner added Mark Radtke to the firm’s Bankruptcy and Reor- ganization Practice Group as a partner in its Chicago office… Schiff Hardin LLP, one of the oldest and largest law firms based in Chicago, and Arent Fox LLP announced that they would merge as of March 1, 2022 creating the new firm of ArentFox Schiff. The Illinois Supreme Court appointed Araceli R. De La Cruz and Judge Thomas More Donnelly as Circuit Court Judges… Ashley Cross joined the law f irm of Michael Best in its Chicago office…Loftus
THE CBA PULSE BY BETH McMEEN, CBA EXECUTIVE DIRECTOR
The CBA’s Civics Committee launched a new leadership speaker series featuring Illinois Supreme Court Chief Justice AnneM. Burke to discuss judicial redistricting and statewide pretrial services. The series provides a forum for legal, business, civic, and philanthropic leaders to present ideas and issues for discussion about current topics. Members who missed the first seminar in this series can watch it on-demand at learn.chicagobar.org. Participants included (from top row left) CBA President Lynn Grayson; Justice AnneM. Burke; Jennifer A. Burke, Managing Partner at KBC Law Group; and CBA Treasurer John C. Sciaccotta.
Free Meeting Room Space The CBA is pleased to offer free meeting room space at Association Headquarters (321 S. Plymouth Ct., Chicago, IL 60604) as a member benefit. The rooms create the perfect environment to work or hold a meeting in Chicago. All are equipped withWi-Fi. All current Covid-19 protocols must be followed while using the space. To learn more and reserve space, visit www. chicagobar.org under the Resources tab. Alliance for Women The CBA Alliance for Women meets on the 4th Tuesday of the month. The Alliance also sponsors social events such as Wine Down Wednesdays and a virtual holiday brunch in co-sponsorship with the YLS Women in the Law Committee. All mem- bers are welcome to get involved with the
group, which focuses its programming on advancing women in the law. To join, go to www.chicagobar.org/committees or email Committee Coordinator Awilda Reyes at firstname.lastname@example.org. CBA toCelebrateBlackHistoryMonth The CBA will present a very special slate of activities in celebration of Black History Month in February. Events will include the annual Earl B. Dickerson Awards (held virtually on February 24 at Noon), a semi- nar focused on serving on boards, reading recommendations in this issue of the CBA Record , and much more. A very special thank you to our planning coordinators Nina Fain and Greta Weathersby . Visit www.chicagobar.org for a list of activities and seminar registration.
18 January/February 2022
& Eisenberg, Ltd. added Jeffrey Ogden Katz to lead its Professional Responsibil- ity Practice… Perkins Coie promoted Diana Z. Bowman to partner… David E. Isaacson , Employee Benefits & Executive Compensation Practice Group, and Ken- neth Weiner , Real Estate Practice Group, were elected shareholders in Polsinelli’s Chicago office… Swanson, Martin & Bell LLP added Gregory M. Emry , Bonnie B. Kelly and Shannon M. Luschen as associates to the firm… Taft Stettinius & Hollister added Erica Ruggieri and Eliza- beth Winkowski as associate attorneys in its Real Estate and Litigation practices in Chicago, and Elisa Rhodes and LeRoy Ricksy were added as associates to Taft’s Private Equity and Mergers and Acquisi- tions practice. Paulina Garga-Chmiel joined Dykema as Senior Counsel in the firm’s Financial Services Litigation Practice Group and Commercial Mortgage-Backed Securities Special Servicer Group… Lavelle Law added Shannon Bauer as an associate in its Estate Planning and Administrative law practice group; Clayton T. Dant was added as an associate to the Personal Injury practice group; and new associate Caro- lina A. Rodriguez will focus primarily
on corporate matters, including Business Law, M&A and Real Estate… Kogut & Wilson added Sabrina Karakaya as an associate representing clients in all aspects of family and matrimonial law… Pullano Law added Michael Pullano , who focuses his legal career on tort and personal injury matters, to the firm. Johnson & Bell added Mallory G. Burns , Nancy Duenez , Ma r ijo D. Enderle , Brian J. McKenna and Nicholas A. Sandowski as new associates… Mallory Moreno joined Chuhak &Tecson, P.C. as a principal in the Estate &Trust Administra- tion & Litigation and Estate Planning & Asset Protection groups… Dutton Casey &Mesoloras, PC promoted Amy Gjesdahl and Melissa Kallio to partner… Debbie Berman , Co-Chair, Complex Litigation Practice, Jenner & Block, and Melvin Williams , Chief Legal Officer, Chicago Trading Company, were honored as the Harvard Law Society of Illinois’ 2021 Role Models… Patrick A. Salvi was awarded the Leonard M. Ring Lifetime Achieve- ment at the Illinois Trial Lawyers Associa- tion Midyear Meeting. Past CBA President Patricia Brown Holmes has been named one of Crain’s Notable Black Leaders and Executives…
Michael L. Morkin has joined Venable LLP as a partner in the Litigation Prac- tice in the Chicago off ice… Antonio Romanucci , founder of Romanucci & Blandin, has been named Chicago Lawyer magazine’s 2021 Person of the Year… Cozen O’Connor’s Joe Tilson , Anna Wermuth and Jeremy Glenn have been named to Lawdragon’s 2021 list of the Top 500 Leading U.S. Corporate Employment Lawyers and Gary Gassman , Tia Ghattas , and Jeremy Glenn have been named “2021 Chicago Notable Gen X Leaders in Law” by Crain’s Chicago Business… Crain’s Chicago Business names Judge Ann Claire Williams (Ret.) to its 2021 list of “Notable Black Leaders and Executives.” Cook County Circuit Court Judge Judith C. Rice is the new acting presiding judge of the Domestic Violence Division. Condolences Condolences to the family and friends of Amy Hoogasian , Joshua A. Nesser , Michael Braude , Wi l l iam J. “Bi l l” Harte , Daniel Hoseman , Donald L. Johnson , Stanley Zegel and Walter Jones, Jr.
CBA-CLE SEMINARS Miss the live version? Watch on demand at learn.chicagobar.org.
JANUARY 7 Practice Basics: Evidence What Law School Didn’tTeachYou JANUARY 11 A Primer on Real EstateTaxation
JANUARY 19 HowTo…Transform Employee Reviews intoTeam-Centric Growth Plans
JANUARY 19 (members free) Engaging the Community in the Fight for Social Justice
JANUARY 12 HowTo…Maximize Legal Analytics as a Competitive Advantage in Cook County, IL StateTrial Courts
JANUARY 26 2022 Practice Management & TechTools,Tips, Gadgets &Apps
JANUARY 13 SpeedyTrials and the Covid Era JANUARY 18 (members free) Upskilling for Lawyers JANUARY 18 StartingYour Solo Practice: Marketing 101
FEBRUARY 18 Anatomy of aTrial:The Rosenberg Spy Case Note: This CLE is being held in-person at DePaul University College of Law.
Plus over 200 on-demand seminars are available at learn.chicagobar.org
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CBA RECORD 19
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