CBA Record January-February 2023

January/February 2023 CBA


Inside this issue: Profiles in Leadership: Chief Justice Mary Jane Theis, Justice Joy V. Cunningham, and Chief Justice Anne Burke (ret.)

15Ways to Botch a Bench Trial

Flash FictionWinner: Unlocking the Heart of the Law

Susan Novosad

Steve Levin

Mike Bonamarte

John Perconti

Margaret Battersby Black

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January/February 2023 • Volume 37, Number 1


Editor’s Briefcase Row, Row, RowYour Boat by Justice Michael B. Hyman President’s Page How Electronic Tigers Can RuinTheir Reputations with the Click of a Button by Timothy S. Tomasik



Profiles in Leadership: Chief Justice Mary Jane Theis, Justice Joy V. Cunningham, and Chief Justice Anne Burke (ret.) By Judge E. Kenneth Wright, Jr.



15 Ways to Botch a Bench Trial By Judge A. Benjamin Goldgar

8 CBANews 14 Chicago Bar Foundation Report 16 The Pulse 40 Summary Judgments by Daniel A. Cotter The History of Democracy


Flash Fiction Winner: Unlocking the Heart of the Law By Sandra D. Mertens



Take Charge of Your Legal Career Through Radical Ownership By Daniel Berkowitz Student Loan Forgiveness: Will It Be Taxable in Illinois? By Ted Kontopoulos and Jake Berger

Has Yet to BeWritten: HowWe Have to Learn toGovern All Over Again by Thomas Geoghegan



Newly Admitted Attorneys: A Guide for Navigating the Illinois Requirements By Nikki Marcotte

41 LPMT Bits & Bytes

Gone theWay of the Twitter Bird? by Anne Haag

42 Practical Ethics

The No-Contact Rule: ABA Gives (More) NewGuidance by Trisha Rich

About the Cover: In honor of Black History Month, on the cover is is an example of Kente cloth. Kente refers to a Ghanaian textile made of handwoven cloth, strips of silk, and cotton. Historically the fabric was worn in a toga-like fashion by royalty; in modern day Ghana, the cloth is worn on special occasions. bell hooks, pseudonym of Gloria Jean Watkins, (1952-2021) was an American scholar and activist whose work examined the connections between race, gender, and class. She often explored the varied perceptions of Black women and Black women writers and the development of feminist identities. Please visit for a list of activities and events celebrating Black History Month in February 2023.

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. 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 2023 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.


EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF W hile listening to my two-year-old granddaughter sing “Row, Row, Row Your Boat” for the fifth time, it dawned on me that its simple words serve as a poi gnant metaphor. Until then, the lyrics had seemed whimsical, nothing more. The message I took away is that the journey we’re on in life requires lots of perseverance, dedication, and resilience (rowing) steeled with graciousness (gently) and an optimistic disposition (merrily), but alas, life ends too soon (life is but a dream). As it replayed in my head, an interpretation emerged around our journey as lawyers. Row Row Row The song begins with a repetition reminiscent of the rhythmic commands of a coxswain. I envision the triple “rows” standing for professional responsibility, professionalism, and professional development, which form the foundation of our work. Professional Responsibility. Lawyers assume a responsibility to row in compliance with the Illinois Rules of Professional Conduct. To betray these guiding principles is a choice that can prompt the boat, little by little, to veer from its course, sway, and sometimes sink. Specifically, we always must be above board and know (and obey) the ropes. Professionalism. The Supreme Court Rules establish a minimum standard of conduct. In contrast, professionalism strives for a heightened standard of accountability. Professionalism includes fidelity to truth and justice, concepts that have been weak ened in the public’s mind by assaults on the very idea that they exist. But we lawyers know better. A fundamental duty of the adversarial system is to lay the truth before the court and in legal transactions and assist clients in obtaining justice. Without fidelity to truth and justice, the rule of law stands for nothing, a hollow incantation sans force. More than that, professionalism calls for practicing with the utmost civility, com petency, courtesy, integrity, respect, and awareness of and sensitivity to differences among people. Professionalism carries the boat downstream; unprofessional behavior swings the boat toward harm’s way (think walking the plank). Professional Development. To master rowing takes continuous training. So, too, does mastering the law. Illinois lawyers have an obligation to sharpen and update their knowl edge and skills, stopping only after arriving at the retirement dock. Otherwise, knowl edge and skills stagnate at best, and wither at worst. Given this, no resting on your oars. The key word here is “development.” Developing professional skills elevates expertise, increases confidence, unlocks new opportunities and connections, facilitates career tran sitions, keeps you current in your legal area, and improves weaknesses, to name a few. Your Boat We get one boat, a single-seater, and remain at the helm the entire journey. The boat we row is the only boat we ever know. It is ours alone and forever. No returns or exchanges. Each boat reflects its rower’s personal and unique experiences, identities, attitudes, and beliefs. And during the journey, we can remodel, repair, and renovate at any time and as often as we wish. Row, Row, Row Your Boat


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 Theodore Kontopoulos FORVIS Nikki Marcotte Tabet DiVito & Rothstein LLC Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Aronberg Goldgehn Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Kirby McInerney LLP Clifford Gately Quarles & Brady Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Kaitlin King Hart David Carson LLP 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 DiMonte, 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 2023

Gently I understand “gently” not in terms of mildness or pace. Rather, to me, “gently” speaks of being kind, thoughtful, and humane. Rowing for the greater good and our own. Appre ciating that we may be in different boats, but on similar journeys, rocking your boat may rock others, so go “gently.” Down the Stream The ancient Greek philosopher Heraclitus of Ephesus compared life to a river, changing from moment to moment. In the same vein, we spend our careers in a stream powered by time, ever moving us, shaking us, threatening us, surprising us. Merrily Merrily Merrily Merrily Now comes a quartet of merrilys, telling us to enjoy the journey. The merrilys are pur pose, pro bono service, work/home balance, and well-being. Purpose. Studies show that one of the best predictors of happiness and contentment across all age groups is latching onto a purpose in life. Embrace a purpose that touches the needs of humankind; what is embraced is sec ondary as long as it floats your boat. In the words of Howard Thurman, an influential mentor of Rev. Martin Luther King, Jr., “Don’t ask yourself what the world needs; ask yourself what makes you come alive. And then go and do that. Because what the world needs is people who have come alive.” So, set course for humankind. Pro Bono Service . Again, studies show that doing volunteer work promotes happiness by triggering the release of hormones that heighten pleasure and relieve stress. So when we help those who need legal assistance, we help ourselves. In addition, sharing your time, talents, and attention advances the interests of the client’s happiness, too. Be selfless, not self-serving, in performing pro bono. In every respect, pro bono ren ders a service to all of society and, thus, like a rising tide, lifts all boats. Work/Home Balance. The next component for maintaining a happy sense of self involves striking the right balance between work and home. Unfortunately, for too many lawyers finding a healthy balance proves an elusive quest. Without it, however, feelings of conflict bubble up, stress levels billow, and work or home or both suffer. Balancing may be difficult and present challenges, and only sometimes successful, yet, it is essential in navigating a fulfilling life. Well-being. The final “merrily” reminds us to take care of ourselves. Well-being incor porates physical, emotional, and mental fitness, from stem to stern. Prioritizing well being has the potential, by way of example, to boost morale, relieve tension, decrease health issues, and lead to greater personal satisfaction. Conversely, failure to protect your well-being can adversely affect you and your legal career. Life is but a Dream The ending confronts us with bitter truths. Life (personal and professional) is fleeting. Is unpredictable. Is fragile. Is strange. Is an enigma. Or, maybe the ending is telling us what I once saw on a bumper sticker, “If you can dream it, you can become it,” to which I add, if you row, row, row as the song instructs. I’ll leave it to you to figure out a message for lawyers in “Humpty Dumpty.”

CONTINUING LEGAL EDUCATION L e a r n . C h i c a g o b a r . o r g N e e d t o g e t g o i n g o n y o u r M C L E R e q u i r e m e n t s ? W e ' v e g o t o v e r 2 5 0 + o n l i n e s e m i n a r s i n c l u d i n g h a r d t o f i n d P r o f e s s i o n a l R e s p o n s i b i l i t y . Available Titles Include: Lonely Lawyers: The Well-Being Impacts of Isolationism in the Legal Profession Practice Basics: State Court Motions to Dismiss Taking and Defending Depositions in State and Federal Court Understanding Financial Misstatements Increasing Impact Through Diversity Russia and Ukraine: Perspectives and Export Controls Updates Litigating High Stakes Damages Cases Annual State and Local Tax Update One-and-Done: 6-Hour Professional Responsibility Overview Business Development and Marketing for Litigators

Mechanics Liens and Construction Claims


PRESIDENT’S PAGE BY TIMOTHY S. TOMASIK How Electronic Tigers Can Ruin Their Reputations with the Click of a Button

The Chicago Bar Association President Timothy S. Tomasik First Vice President Ray J. Koenig III Second Vice President John C. Sciaccotta OFFICERS

ability to effectively communicate not only with other professionals, but with people from every walk of life. Dexterity in com municating in face-to-face scenarios with clients, witnesses, and the public is a req uisite of good lawyering, and a skill that lawyers historically developed early in their careers and fine-tuned over the course of their lives. This included everything from conflict resolution capabilities to “soft skills” such as appropriately expressing empathy for and understanding for those involved in disputes. Sadly, these critical skills are vanishing from our profession. In the years leading up to the pandemic, I began to see a sharp decline of effective communication and the use of these skills, especially with new and younger lawyers. According to the ABA, “soft skills are per sonal qualities that allow you to commu nicate with other people.” They include not only people and social skills, but also character and personality traits. They may also include emotional intelligence, the ability to work with a team, and attitude. The ABA emphasizes that soft skills are what make you, you. They are the skills you develop through “life experiences, past jobs, and struggles you face.” The International Bureau of Education defines soft skills as indicating a set of intangible personal qualities, traits, attributes, habits, and attitudes that can be used in many dif ferent types of positions. Examples include empathy, leadership, sense of responsibil ity, integrity, self-esteem, self-manage ment, motivation, flexibility, social ability, time management, decision making, and,

Secretary Kathryn Carso Liss

Treasurer Nina Fain

Immediate Past President E. Lynn Grayson

W hy don’t lawyers talk on the phone anymore? Why is it so rare now to meet with opposing counsel to discuss a new case? While tech nology has certainly increased the pace and improved the practice of law, electronic communications have become the number one hotspot for lawyer misbehavior and incivility. This must change. The Illinois Supreme Court Com mission on Professionalism 2021 Survey reported that the most frequently reported flashpoints for incivility are found in text messaging, email, and other such written correspondence. Nearly 40% of those sur veyed said they “occasionally” encounter unprofessional conduct in such communi cations, and some reported that they “fre quently” find unprofessional language and threats in electronic communications. All of us have a responsibility to take action to correct this escalating problem that is tarnishing our profession, not only by not engaging in it ourselves, but by teaching others to do the same. As a mentor taught me, “If you wrestle with a pig, you’ll both get muddy, but the pig will enjoy it.” It is critical that every lawyer possess the

Executive Director Beth McMeen

BOARD OF MANAGERS Michael Alkaraki Louis G. Apostol Octavio Duran

Naderh Elrabadi Anthony F. Fata Robert W. Fioretti

Cynthia S. Grandfield Malcolm “Skip” Harsch Risa R. Lanier Patricia L. McCarthy Judge James M. McGing Jeffrey Moskowitz Judge Mary Rowland Eirene N. Salvi Kevin Thompson Judge Allen P. Walker Matthew P. Walsh II Sandra S. Yamate

of course, communication. Civility Costs Nothing, Buys Everything

More and more frequently before the pan demic, I noticed younger lawyers lacking

6 January/February 2023

the ability, or apparent desire, to resolve routine discovery disputes or even discuss matters over the phone and in face-to face conversations. By the same measure, simple case management orders and court orders that counsel would traditionally work out in the courtroomor hallway were more frequently spiraling into uncivil and unprofessional confrontations. Many new lawyers seem to lack the ability to go off the record, meet and confer, and resolve a discovery dispute amicably. All of these are skills that are vital to being a success ful lawyer. All lawyers must be mindful of our responsibility to mentor young lawyers in the importance of developing soft skills. I believe most lawyers would agree that the notable drop in the soft skills we see in younger lawyers is due to lawyers now heavily relying on technology for com munication. Smart phones, tablets, and computers have replaced phone calls, face-to-face meetings, and a cup of coffee or business lunch to discuss a solution to a problem. Electronic communication makes it is easier to misunderstand the meaning of another. It is easier to doubt their good intent. And it is easier to allow your own behavior to slip into incivility. It is also easier to make careless mistakes in such communications. Compound ing matters, electronic messages are often sent at night or over the weekends. In many instances the sender unreasonably expects an instant response. This is simply not professional and contrary to effective communication practices. The practice has become more prob lematic with most court calls in Illinois being conducted by Zoom. For decades, lawyers young and old, would work out problems with opposing counsel in the hallways or conference rooms of our courthouses. Lawyers would take advan tage of talking to the judge in the court room rather than filing motions. The shift to remote practice has prevented lawyers from having regular face-to-face discus sions in the courthouse or in law firm conference rooms where disputes have historically been resolved. The heavy reli ance on technology has resulted in lawyers hiding behind emails and text messages,

and in many instances sending uncivil communications over trivial disputes that could easily be resolved over the phone or in a face-to-face meeting. There is now a whole generation of lawyers who attended law school online and are now practicing from home. Mentorship Needed As experienced lawyers, we need to mentor these “keyboard warriors” and “electronic tigers” from engaging in these sorts of improper electronic missives that in most instances do not address or resolve the problem, but only make it worse. We need to train new lawyers in the “soft skills” of lawyering: how to effec tively conduct a phone call, a face-to-face meeting, have a cup of coffee, or an infor mal conference with the court. I was trained early in my career to never engage in conduct that would be inappropriate in the presence of a judge. Over the past few years, more than a few times, I was copied on emails where law yers were quarreling about scheduling and discovery. These emails contained unprofessional language and essentially amounted to bullying – shockingly, all on an email chain that was originally gener ated by the Court with a judge copied. Sometimes the lawyers did not even take the time to check the addressees. Obvi ously, this highly unprofessional behavior burdened judges with stepping in to stop the misbehavior and redirect the parties to resolve the dispute. As an example, in January 2022, the IARDC recommended a three-year sus pension of attorney Felipe Nery Gomez for sending “threatening and harassing” emails to seven attorneys during pending litigation. In his emails, Attorney Gomez referred to opposing counsel as “scum,” “liar,” “idiot,” “active criminal,” and “tar gets,” and threatened them with litigation and sanctions. The Hearing Board con cluded that Gomez violated Illinois Rules of Professional Conduct Rules 4.4 (a) and 8.4 (d). Rule 4.4 (a) states that in repre senting a client, “a lawyer shall not use means that have no substantial purpose other than to embarrass, delay, or burden a third person, or use methods of obtain

ing evidence that violate legal rights of such a person.” The Board also found that Gomez violated Rule 8.4 (d), which states that it is professional misconduct for a lawyer to “engage in conduct that is prej udicial to the administration of justice.” The Gomez matter involved emails sent to male attorneys, but such conduct often targets female attorneys as well. Bullying… or Advocacy? Jayne Reardon, the prior Executive Direc tor of the Illinois Supreme Court Com mission on Professionalism, last January authored a brilliant article: “Bullying Does Not Pass for Advocacy in Illinois.” In this article, she discussed research demonstrating “that there is a pattern in uncivil communication in Illinois, and it isn’t a pretext of advocacy: it’s straight up bullying, and it often targets females.” In further researching the uptick in uncivil emails, the Illinois Supreme Court Com mission discussed an alarming pattern of bullying of female attorneys by their counterparts and concluded that: “It can be assumed that this bullying, which is far from zealous advocacy, has been used to intimidate and belittle female attor neys.” The Supreme Court Commission cited to several instances where male law yers made disparaging comments against female lawyers and were disciplined for violating Rule 4.4 (a). This unacceptable trend must be reversed. As we exit the pandemic, we all real ize that technology has advanced the practice of law and is not going any where. But accepting that fact does not also mean accepting incivility in practice. We must do what we can to keep what was good and most useful in traditional practices and apply them in modern prac tice. By the same measure, we need to be reminded that we all have an obligation to properly train new and young lawyers in the art of developing face-to-face com munication – “soft skills.” It is this vital skill set that some writers say makes up 85% of what lawyers do in the practice of law. We all have an obligation to train young lawyers, improve civility, and stop bullying when we see it (hopefully, before it even occurs). CBA RECORD 7

Celebrating 50 Years of CBA Membership By Ann Glynn, CBA Public Affairs Director CBANEWS

T he CBA is proud to recognize 59 members who are marking 50 years of association mem bership this year. CBA President Timothy Tomasik hosted a luncheon for some of those members and their families to thank them for their stead fast commitment and dedication to the legal profession and the CBA.

Pictured are: TopRowLeft toRight: CBAExecutiveDirector BethMcMeen, James C. Franzek Jr., Jeffrey Jahns, LawrenceW. Levin, LorenceH. Slutzky, James A. Corrigan, Ina S. Winston, Jeffry T. Mandell, Richard J. Firfer, Michael H. Minton, CBA 1st Vice President Ray Koenig, and CBA Secretary Kathryn Liss. Seated L to R: Dennis R. Torii, Sr., Jeffrey S. Torf, Mary Jo Burke Harris, Bowen H. Tucker, Julian Schachner, Geoffrey A. Anderson, Michael R. Friedberg, And Judge Martha A. Mills (Ret.). Not pictured: John W. Adler Jr., Alan A. Aronson, Judge William J. Bauer, Martin I. Becker, WalterW. Bell, Thomas Brejcha, Thomas B. Cassidy, Jules I. Crystal, Charles F. Custer, Patrick J. Delfino, Thomas B. Dorris, E. Bryan Dunigan III, Barry A. Erlich, CezarM. Froelich, Lyle S. Genin, Philip J. Glick, Gary L. Grolle, George L. Hessberger, James E. Hopkinson, Thomas S. James, Patrick J. Kenneally, Michael A. Kreloff, James J. Kritek, Michael O. Landers, John F. Lemker, John L. Leonard, Allen P. Lev, Karen K. Mackay, David C. McLauchlan, Hon. Howard E. Petersen, Paul J. Richter, DavidM. Rubin, Stephen L. Ruff, Jr., Louis M. Rundio, Jr., Ronald G. Silbert, William L. Smith, Jr., Robert A. Smoller, StevenW. Swibel, Robert D. Tuerk, Peter D. Voysey, Richard L. Weiss, and Lyman W. Welch.

Making Sausage and Legislation in Illinois: A New Recipe January 30, 2023 | 12:00-2:00 PM | Live Webcast | 2 IL MCLE Credit Register at (on demand version also available) Improve your understanding of Illinois’ legislative process. Legislative experts will provide an overview of the Springfield scene and more.

8 January/February 2023

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Cook County Commissioner Larry Suffredin: “ Creating a Working County Government that the People Are Proud Of” By Judge E. Kenneth Wright, Jr., CBA Record Editorial Board Member

F or 20 years, Cook County Com missioner Larry Suffredin has served the citizens of Cook County. Throughout his career, he has worked to protect the rights and interests of Cook County residents and to improve local government. As an assistant public defender, and later, as a Cook County Commissioner, he has devoted his career to public service. Suffredin demonstrated a strong sense of civic duty from an early age. After earning his bachelor’s degree from Loyola University Chicago and graduat ing from Georgetown Law, he joined the United States Air Force. He worked at the United States Department of Justice while he earned his J.D. Suffredin returned to Illinois and brought his skills and knowledge to the Cook County Public Defender’s Office. Office leaders tapped him to help develop the murder task force concept. He recalls this time fondly, saying “I had the time of my life.” In this role, he tried cases before 32 juries in two and a half years. During one trial, a lawyer approached Suffredin after observing him during oral argu ment. The attorney spoke to him about becoming a lobbyist and eventually hired him for a client in Springfield. Suffredin continued his lobbying activities; in 1984 he was hired to represent The Chicago Bar Association and began serving as the CBA’s Legislative Counsel. At the time, almost half of the mem bers in the General Assembly were law yers. General Assembly members have always sought out the CBA’s input on matters because they knew whatever they passed would impact Illinois citizens and wanted to make sure that whatever they passed was consistent with the law. Suf

fredin adapted his style to his audience in his goal to be the most effective legis lative counsel in CBA history. He notes that now there are more non-lawyers in the general assembly and says that this change has altered his approach over the years. “The biggest challenge we have as lawyers is talking to non-lawyers so that they understand the nuances of the law. Everyone has a duty to be fair and listen to both sides.” Suffredin both lobbied and continued to try cases up until the 1990s. Eventually, he focused solely on lobbying. In the late 1980s, Illinois was con sidering opening and operating casinos. Suffredin was called upon to review and improve bills related to this endeavor. After legislation passed, he represented three of the first five licensees in Illinois. Soon thereafter, leaders in Michigan and Missouri sought him out to write gaming laws in their states. Initially in Illinois and Missouri, Commissioner Suffredin focused on riverboat casinos. In Michi gan, he focused on land-based casinos. Regardless of the forum, he ensured that lenders and bankers complied with the new laws. In 2002, he was elected as Cook County and Forest Preserve District of Cook County Commissioner for the 13th district. The district includes about 340,000 constituents across the following municipalities: Rogers Park, Evanston, Niles, Skokie, Wilmette, Kenilworth, part of Glenview, and New Trier Town ship. He was re-elected four times – 2006, 2010, 2014, and 2018 – and has served as Chairman of the Cook County Board’s Legislation & Intergovernmental Rela tions Committee and Rules Committee, as well as Chairman of the Forest Pre serve District of Cook County’s Botanic

Garden Committee. The Cook County Board of Commis sioners is the governing board and legisla tive body of Cook County. Comprised of 17 commissioners, the Board represents over five million people and has an almost $9 billion budget. Suffredin notes that at times it was challenging to get anything done because any change required at least nine votes. However, he was more than up to the task. During his tenure, he sponsored ordinances and resolutions that – among many other things – created an independent health and hospital board, gave Cook County an assault weapons ban, raised the minimum wage, and cre ated an eviction and mortgage foreclosure court protocol to protect people’s homes. “It’s a question of sitting down and under standing what the needs of the people of the county and their districts are.” As Forest Preserve commissioner, he spon sored ordinances and resolutions such as the recently passed tax referendum and a measure requiring children to wear bike helmets. During his 20 years of service, Suf fredin has relentlessly sought out and created opportunities to improve how Cook County functions. In addition to being Of Counsel at Taft, Stettinius and Hollister, he is retiring from the role of Commissioner, but not from service. He currently serves on the Supreme Court’s Judicial Conference and has been involved with gun control groups. He intends to continue his work with The Chicago Bar Foundation and its executive director Bob Glaves on gun safety issues. Suffredin will continue his legacy of creat ing a working government that the people are proud of.

10 January/February 2023

Medical Malpractice Case Referred Through Lawyer Referral Service Settles for $1.9 Million By Ann Glynn, CBA Public Affairs Director T he Lawyer Referral Service, a non profit public service of the CBA, continues to be a valuable resource

formed. The scan revealed improving inflammation but increasing ascites. Soon after, he died from severe septic shock. On autopsy, the plaintiff was found to have a sub-acute portal vein throm bosis as well as an acute mesenteric vein thrombosis that was only 12 hours old. The plaintiff’s theory was that physicians at the local hospital failed to diagnose a mesenteric thrombosis and if they had, the plaintiff would have survived. The case was settled for $1.9 mil lion. The CBA received referral dues of $95,000 (pursuant to its rules) and is using this payment to fund the LRS pro gram and other services in an going effort to make justice accessible for all. CBA members and non-members are encouraged to refer clients to the Lawyer Referral Service or consider joining the service to obtain legal referrals. For more information on the LRS program, visit or reach out to LRS Director Juli Vyverberg at jvyverberg@

for the public to obtain experienced and vetted legal assistance as well as a crucial source of legal referrals for CBA members and non-members. A recent case in which LRS attorneys Robert J. Napleton and Bradley Z. Schulman of Motherway and Napleton LLC settled a medical malprac tice case provides a prime example. The plaintiff presented to an emer gency department at a local area hospital complaining of abdominal pain that had been worsening over a two-week period. A CT scan and blood draw revealed non specific inflammation of the colon and some ascites. The plaintiff also had an elevated white blood cell count and low platelets. He was admitted to the hospital and was found to have a deep vein throm bosis. Heparin was ordered but the plain tiff’s platelets continued to drop. Days later, he experienced a different abdomi nal pain, and another CT scan was per

Robert J. Napelton

Bradley Z. Schulman

INTRODUCING Robert C. O’Brien, U.S. Ambassador, Retired

MEDIATION FOR: + Business & commercial contracts + Class actions + Complex litigation + Employment + Securities


12 January/February 2023

CLE & MEMBER NEWS Update Your Contact Info, Employment Setting, and Practice Areas to Receive Helpful Practice Resources If you recently moved, joined a new firm, created a new email account, got a new phone number, etc., please take a moment to update your member profile and add your employment setting and practice areas to receive notices regarding seminars and other Save on LexisNexis, LawPay client credit card processing, Ruby virtual office receptionists, SoFi student loan rates, UPS, legal software, and more! Newer partners include Credit One Credit Union, CarrWorkplaces, Homethrive senior resources and Levitate marketing software. Visit for more Save Money on CBA Member Discount Programs Did you know that the CBA has over 50 practice area commit tees and 25 young lawyer committees that meet monthly during the noon hour (most via live Webcast, plus in-person and hybrid options) to keep members up to date on practice developments, new court procedures and helpful practice tips? Over 50 newmeet ings are available each month featuring judges, legal experts, and business leaders. And best of all, meeting presentations are free and offer about one hour of free IL MCLE credit if watched live (note, most meeting presentations are also archived at learn.chicagobar. org but archives do not qualify for IL MCLE credit). Meeting partici pation also allows you to connect with thought leaders and other colleagues to share information, develop new business relation As one of the leading metropolitan bar associations in the country, we rely on our members to help us produce cutting edge programs and services. These also provide great exposure and well-deserved recognition for members who participate in these endeavors. Here are just a fewways to share your expertise and build a stronger rep utation within the legal community. • Speak at seminars and practice area committee meetings, email • Submit an article for the CBA Record, email CBARecord • Write for our young lawyer blog, email Share Your Expertise and Enhance Your Resume

events that relate specifically to you. You can do this online at www. under the “My Membership” tab. If you have any problems logging in or updating your profile, call 312-554-2000 or email

information and links to our discount providers. These programs have been negotiated to provide savings and special offers as a value-added benefit 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: Hybrid and Virtual, Attend from Anywhere!

ships, meet potential mentors, create support networks and more.

There are never any extra fees to join CBA or YLS committees. New members are always welcome. Join at mittees and check the CBA eBulletin every Thursday for upcoming committee meetings, speakers, and topics. Any CBA member may attend any committee meeting to earn free Illinois MCLE credit, but by joining a committee you will receive meeting information, seminar announcements, and other special notices related to your practice areas directly fromyour committees via email. Youmay also elect to receive practice area updates from Lexology based on your practice areas.

• Participate in our legislative program, email jvyverberg@chica • Offer tips/training for law practice management, email • Join the YLS Racial Justice Coalition to plan educational programs and volunteer activities, email eanderson • Evaluate judicial candidates, email • Mentor a young lawyer, email If you have questions about other ways to participate in the CBA or Young Lawyers Section, please email Thank you for sharing your time and talent!


Chicago Bar Foundation Report

Building a Fairer and Better Justice System Together in 2022 By Emme Veenbaas Y ou continue to make a tremen dous impact through The Chicago Bar Foundation by making it pos

groundbreaking program to provide criti cal legal help for people facing consumer debt challenges, evictions, foreclosure, and other housing issues. The program has helped more than 32,000 people since its launch and has been recognized as a model by the White House and other national organizations.

real opportunities to continue to recruit and retain a diverse, talented, and com mitted group of legal aid advocates to serve our community. The full report and its key findings and recommenda tions is available on the CBF website.

sible for thousands of people to get criti cal legal help. Below are some examples of how members have continued to make a real difference over the past year while building a fairer and better justice system for the future. As we begin 2023, the work you are making possible through the CBF is more important than ever. Learn more about the impact of the CBF and how you can continue to support that work on the CBF website,

Investing in Justice Raises More than $1.4 Million

More than 4,000 lawyers and legal professionals came together to con tribute more than $1.4 million to the 2022 Investing in Justice Campaign. With the exemplary

New Illinois Legal Aid Recruitment & Retention Study A comprehensive new study of the legal aid community in Illinois conducted by Mercer for the CBF gives a sobering yet inspiring view of what it is like to be a legal aid lawyer today and what we can do to better support these dedicated lawyers and those interested in pursuing these vital careers in the future. Building on a 2006 CBF study, the new research identifies both significant challenges and

Carrie Di Santo

leadership of Carrie Di Santo of CME Group, 130 law firms, corporate legal departments, and other law-related orga nizations participated in the campaign to help raise awareness and much-needed funds. The campaign has raised almost $20 million to date while leveraging mil lions more in additional support for the pro bono and legal aid organizations serv ing the Chicago area.

Cook County Legal Aid for Housing and Debt (CCLAHD) Program The CBF continues to be a lead partner with the Cook County Circuit Court and many other legal aid, government, and community partners in managing this

Learn more about the CBF and its programs at

14 January/February 2023

18th Annual Pro BonoWeek

26th Annual Fall Benefit

Hundreds of lawyers, law students, and legal professionals attended the 18th Annual CBA/CBF Pro Bono Week to celebrate the important pro bono work being done in our community and to learn more about new opportunities to make an impact in the months ahead. The 2022 Pro Bono Week was co-chaired by Matthew Walsh of Hinshaw & Cul bertson LLP and Michael Stone of the Center for Disability & Elder Law. Pro grams and events centered around the theme “Empowering People, Empower ing Communities.” Michael Stone MatthewWalsh

Nearly 2,000 people attended the 26th annual CBF Fall Benefit at the Museum of Sci ence & Industry. The casual, family-friendly event featured tasty comfort food, special kids’ activities, a silent auction and raffle, live music, an open bar, complimentary park ing, and access to the museum’s many popular exhibits including Christmas Around the World and this year’s special exhibit, Art of the Brick. Special thanks to our co-chairs, Matthew Kutcher and Lynette Lupia, and our many law firm and corporate sponsors who continue to make this great event possible.

Lawyers Lend-A-Hand is looking for volunteers to tutor students in grades K to 8 on Tuesdays from 5:30-7:30 p.m. at the CBA. These in-person sessions focus on reading andwriting skills. Lend-A Hand provides a curriculum and learning materials. Volunteers must provide proof of vacci nation. For more information, contact Kathryn McCabe at kmc

From left to right: CBF Executive Director Bob Glaves, 2022 Fall Benefit Co-Chairs MatthewKutcher of Cooley LLP and Lynette Lupia of AbbVie, Inc., and CBF Board President Greg Boyle of Jenner & Block LLP.

Emme Veenbaas is The Chicago Bar Foundation’s Manager of Development & Communications.



attorney at Clark Hill PLC, and Nina Fain, CBA Treasurer and DICE co-chair. To receive notice of upcoming meetings or seminars, sign up for the committee at or email Awilda Reyes at Dickerson Awards The late Earl B. Dickerson was an out standing lawyer and among the first Afri can American members of The Chicago Bar Association. His life and professional career were devoted to the law and help ing others gain equality and justice. In this spirit, the CBA established the Dickerson Award to recognize and honor minority lawyers and judges whose careers at the bar emulate the courage and dedication of Dickerson in making the law the key to justice for all in our society. Please mark your calendar to join us on February 23, 2023, at 11:30 a.m. at the Union League Club. Reservations will be open at www. The CBA will present a very special slate of activities in celebration of Black His tory Month in February. Events will include the annual Earl B. Dickerson Awards, a documentary film presentation and CLE on the Evanston Reparations, seminars, reading recommendations, and much more. A very special thank you to our planning coordinators: Justice Michael B. Hyman, Judge E. Kenneth Wright Jr., Nina Fain, Ray J. Koenig III, Seth Stern, Latasha R. Thomas, and Greta Weathersby. Visit for a list of activities and seminar registration. Free Meeting Room Space The CBA is pleased to offer free meet ing room space at Association headquar ters (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 with Wi-Fi. To learn more and reserve space, email CBA Special Events Coordinator, Michele Spodarek at CBA to Celebrate Black History Month

The CBA’s Media and Civic Education Inc.’s Edward J. Lewis II CBA Lawyers in the Classroom program brought together attorney volunteers and Chicago Public School educators to recognize their participation in the program and dedication to civic education. To learn more about LIC, visit www.chicagobar. org/chicagobar/LICAboutUs. Board members are pictured from left: Daniel Winters, Solo Practitioner; Michael Murray, Carey Filter White & Boland; Torrie Corbin, Cook County State’s Attorney’s Office-Markham; Tiffani Watson, LIC Managing Director of Education and Corporate Engagement; Beth McMeen, CBA ExecutiveDirector; Joshua Boggioni, BatesCarey LLP; Daniel Cotter, Howard & Howard Attorneys PLLC; Benjamin Kurtz, Kirkland & Ellis LLP; and Cameron Jordan, Skadden, Arps, Meagher & Flom, LLP.

A Passion for Justice: An Encounter with Clarence Darrow In this unique legal ethics program, award-winning stage and film actor Paul Morella, who has been portraying Clar ence Darrow to acclaim for nearly two decades, reenacts some of the iconic law yer’s most riveting courtroom moments while laying the foundation for an exami nation of the ethical issues raised during the performance, including conflicts of interest, jury nullification, dishonesty, misrepresentation, fraud, and more. The CBA will host this special event on Feb ruary 2, 2023, at 4:00 p.m. at the Union League Club. Attendees will earn IL PR MCLE credit for their attendance. Find pricing and registration at learn.chica

New Cannabis Law and Regulations Committee

The CBA Board of Managers approved the creation of a new committee: the Can nabis Law and Regulations Committee. The Committee will educate members on the important new area of law, highlight ing federal cannabis laws, regulations, statutes, and legal developments for the industry. The area of practice is a unique hybrid, which combines corporate, gov ernmental, and economic development law to stimulate business growth and job creation in diverse communities. In Illi nois, the burgeoning cannabis industry has generated increased sales tax revenue while also creating questions and contro versy. The Committee is co-chaired by former City of Chicago Alderman Latasha R. Thomas, a senior governmental affairs

16 January/February 2023

Career Advancement Program The CBA’s Career Advancement Program featuring Career Counselor Kathy Morris of Under Advisement Ltd. is in full swing. CAP is designed to help members of all experience levels and backgrounds move forward in their careers. Kathy has been helping lawyers of all skill levels and practice areas navigate the Chicago legal job market for decades. Upcoming one on-one career counseling days include February 27 and 28, 2023. You can find registration details at www.chicagobar. org/chicagobar/CAP (as well as links to recordings of her past career seminars). Alliance for Women The CBA Alliance for Women meets on the 4th Tuesday of the month. In addition to monthly meetings, the Alliance also sponsors social events such as Wine Down Wednesdays and the Girl Scouts’ Project Law Track. All members are welcome to get involved with the group, which focuses its programming on advancing women in the law. To join, go to www. or email Rina Yamazaki at Congratulations To the Illinois Judges Association’s recent honorees: Chief Justice Anne Burke (ret.), Justice Rita Garman, and Justice Robert Gordon on receiving the Emeritus Award; Justice Cynthia Cobbs, Civitatis Award; Judge Anna Demacopolous, Libertatum Award; Timothy Tomasik, CBA Presi dent, and Rory Weiler, ISBA President, Amicus Award; and Jeanne Heaton, ISBA Director, Founders Award… Diversity Scholarship Foundation’s honorees are: Illinois Supreme Court Chief Justice Mary Jane Theis, Unity Award; Honorable Patricia Brown Holmes (Ret.) and Past CBA President, Justice Laura Liu Access to Justice Award; and Advocates for Diver sity: Judge MatthewW. Jannusch, Vivian R. Khalaf, H. Patrick Morris, David W. Inlander, Manish K. Mehta and Angel M. Traub … the Public Interest Law Initiative honored the following at their 45th Anni versary Awards Gala: Sabreena El-Amin received the Distinguished PILI Fellow

Alumni Award; Ruth Lopez-McCarthy the Distinguished PILI Intern Award; Jose Rivero the Distinguished Public Service Award, and Sidley Austin the Pro Bono Initiative Award… Circuit Court Judge Freddrenna M. Lyle was assigned to the Illinois Appellate Court (First District) to fill the vacancy created by the appoint ment of Justice Joy V. Cunningham to the Illinois Supreme Court… U.S. Dis trict Court Judge Gary Feinerman of the Northern District of Illinois retired from the bench and returned to private prac tice… Newly sworn-in Illinois Supreme Court Justices Elizabeth M. “Liz” Rochford and Mary K. O’Brien began serving their 10-year terms on the Court. Alexis C. Douglas and Symone Shin ton were added to the Board of CBA Media and Civic Education, Inc….Taft Law added Elizabeth Butler as a partner in its litigation and real estate practice groups… Ulmer & Berne LLP added Preslav P. Mantchevas as an associate to the firm’s financial services and securities litigation practice group… Hillary Weigle joined Hinshaw & Culbertson LLP as a partner in its professional responsibility, professional liability and risk management practice group… Jones Day promoted Jennifer Plagman to partner… Polsinelli was named Law Firm of the Year in Patent Law in the 2023 U.S. News – “Best Law Firms” publication… Kevin J. Conway, a partner at Cooney &Conway, received the Illinois Bar Foundation’s 2022 Honorary Champion Award… Past IBF President and Justice of the Illinois Appellate Court (First District) Judge Debra B. Walker received IBF’s 2022 Distinguished Service to Law & Society Award… Perkins Coie promoted counsel Jillian B. Sommers to partner in its Chicago office… Cozen O’Connor attorneys Joe Tilson, Anna Wermuth, and Jeremy Glenn were named to Lawdragon’s 2022 list of the Top 500 Leading U.S. Corporate Employment Law yers…Clifford LawOffices added Nicholas T. Motherway to the firm. Saul Ewing Arnstein & Lehr changed its name to Saul Ewing LLP, returning to the firm name it used prior to com bining with Arnstein & Lehr in 2017…

Erin McCloskey joined the law firm of Venable LLP as a partner in its Prod uct Liability and Mass Torts Practice… Corboy & Demetro added two associ ate attorneys, Jamaal R. Buchanan and Mitchell W. Bild, to the firm… Miller Shakman Levine & Feldman LLP added Zoe A. Jones as an associate… Freeborn and Peters added Carly M. Allen as an associate in its litigation practice group… The ABA Commission on Women inter viewed CBA Treasurer Nina Fain for its 2023 Report on the Status of Women of Color and Indigenous Women Law yers in the United States… Lavelle Law added MaryAllison Mahacek to its litiga tion practice group and Griffin Flais as an associate… The nationwide firm of Free man Mathis & Gray acquired the Chicago boutique firm of Purcell & Wardrope… Neil H. Conrad was named a partner in Sidley’s litigation section. MonicaMasini was promoted to associ ate at the Rolling Meadows-based Cooper Trachtenberg Law Group and will work on family law matters at the firm... Angel M. Traub has opened a new firm location, A. Traub & Associates, in Schaumburg, IL… to the following named 2022 Gen X Notables by Crain’s Chicago Business: Ericka L. Adler, Roetzel & Andress, Dana Armagno, Vedder Price, Steve Blonder, Much Law, J. Erik Connolly, Benesch, Tia Ghattas, Cozen O’Connor, Jeremy Glenn, Cozen O’Connor, David Gordon, Sidley Austin, Eric Greenfield, Polsinelli, Elizabeth “Beth” Herrington, Morgan Lewis, J. Scott Humphrey, Benesch, Mark Johnson, Seyfarth, David A. Johnson, Jr. , Aronberg Goldgehn Davis & Garmisa, Candice Kline, Saul Ewing Arnstein & Lehr, Jorge Leon, Michael Best, Gregory Ostfeld, Greenberg Traurig, Trisha Rich , Holland & Knight, Mitchell Roth, Much Law, Nathan Rugg, Barack Ferrazzano Kirschbaum & Nagelberg, Eric Sparks, Gould & Ratner, Andrew Vail, Jenner & Block, and Lance Zinman, Katten. Condolences To the family and friends of Judge William J. Kunkle, Jr., and Justice Robert Gordon and family on death of son, Jonathan. CBA RECORD 17

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