CBA Record January-February 2023

CBA RECORD

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

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 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

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