CBA Record July-August 2020
JULY/AUGUST 2020 CBA
Maryam Ahmad 2020-2021 CBA President
Margaret Battersby Black
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CBA RECORD CONTENTS
July/August 2020 • Volume 34, Number 4
4 Editor’s Briefcase
Dreaming of Dr. Sigmund Freud
INSIDE THIS ISSUE 11 Congratulations to Terry Murphy: The Man, the Myth, the Legend By Kathryn C. Liss 22 CBA President Maryam Ahmad: Making the LawWork for Everyone By Sally Daly 26 It’s Not Broken, So Don’t Try to “Fix” It: Keep Counseling Confidential By Kathryn L. Ciesla
6 President’s Page
Recommit to the CBA: MakeYour Corner of theWorld a Better Place
8 CBANews 18 Chicago Bar Foundation Report 20 Murphy’s Law 40 Nota Bene
30 Courtrooms are Zooming Along During the Pandemic
By Clare McMahon, Richard Lee Stavins, and Judge E. Kenneth Wright, Jr.
AI for Legal Writing – the Bots Are Closer ThanYouThink
33 The Pandemic’s Effect on Criminal Law By Adam Sheppard
46 LPMT Bits & Bytes Job Searching During a Pandemic 49 Summary Judgments
42 Suggestions for Sizzling Summer Reading
Recommendations from CBA Editorial Board Members and Others
YOUNG LAWYERS SECTION
The Last Trial by Scott Turow
34 Business as Usual, or a Chance for Innovation? By Jeffrey Moskowitz, YLS Chair
50 Legal Ethics
Meeting During the Pandemic
35 Five Ways to Recession-Proof Your Law Practice: During the Pandemic and Beyond By Steve Fretzin 37 Young Lawyers Section Celebrates 50 Years with First-Ever Virtual Meeting By Sally Daly
The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org.Subscriptionsfornon-membersare$25peryear. PeriodicalspostagepaidatChicago,Illinois.POSTMASTER:Send addresschangesto CBARecord ,c/oMembership, Chicago Bar Association,321SouthPlymouthCourt,Chicago,Illinois60604. Copyright2020byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.
D ealing with Covid-19 has unleashed feelings of anxiety and despair. So I thought I would interview the most famous psychiatrist of all time for advice, Dr. Sigmund Freud. We met in a dream, naturally. He was reclining on a dilapidated Victorian-era sofa that reeked of stale cigar smoke. I sat six feet away, wearing an N95 mask. I took down Freud’s exact words (which he actually said during his lifetime). Hyman: You lived through what has been called the Spanish Flu. Freud: The restrictions were bad for us, the uncertainties were great, clinical practice was of course low. Hyman: Your daughter, Sophie, contracted the virus and died. Freud: Our sweet Sophie in Hamburg had been snatched away by influenzal pneumonia, snatched away in the midst of glowing health, from a full and active life as a competent mother and loving wife, all in four or five days, as though she had never existed. A meaningless, brutal act of fate. A joke played on helpless, poor humans by higher forces. Hyman: How did you cope? Freud: We knew that the acute sorrow we feel after such a loss will run its course, but also that we will remain inconsolable, and will never find a substitute. No matter what may come to take its place, even should it fill that place completely, it remains something else. And that is how it should be. It is the only way of perpetuating a love that we do not want to abandon. Hyman: What guidance can you offer us today? Freud: The principal task of civilization is to defend us against nature. Hyman: So far, nature is winning. Freud: Three things are impossible to fulfill completely: healing, educating, governing. Hyman: Maybe impossible, but necessary if we are to beat back this pandemic. Freud: It is only by the influence of individuals who can set an example, whom the masses recog- nize as their leaders, that they can be induced to submit to the labors and renunciations on which the existence of culture depends. Hyman: There’s been lots of controversy about Washington’s response to Covid-19. Freud: Fools, visionaries, sufferers from delusions, neurotics, and lunatics have played great roles at all times in the history of humankind, and not merely when the accident of birth had bequeathed them sovereignty. Usually, they have wreaked havoc. Hyman: I’m optimistic things will get better. Freud: Out of your vulnerabilities will come your strength. One day, in retrospect, this struggle will strike you as the most beautiful. Hyman: Ah, thank you. A half-smile of anticipation appeared on Dr. Freud’s face. He asked if he could smoke the cigar he’d been chewing. Hyman: This is a no-smoking dream. Keep chewing. Freud: Maturity is the ability to postpone gratification. Hyman: Tell us, what is the meaning of life? Freud: At that moment when a person starts to seriously ponder the meaning and value of life, you can consider him a madman. Hyman: Sorry I asked. Freud: My boy, being entirely honest with oneself is a good exercise. Hyman: Final question. People are feeling depressed. Thoughts? Freud: Before you diagnose yourself with depression or low self-esteem, first make sure you are not, in fact, surrounded by a-holes. With that I awoke to the smell of a freshly lit cigar. BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF Dreaming of Dr. Sigmund Freud 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 Kruti Patel Wintersteen Law Group Alexander Passo Latimer LeVay Fyock LLC Kaitlin King Hart David Carson LLP
Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Of fi ce Amy Cook The Farmer Chef Alliance Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Hinshaw & Culbertson Jasmine Villaflor Hernandez Cook County State’s Attorney’s Of fi ce Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Of fi ce of Bonnie McGrath Clare McMahon Law Of fi ce of Clare McMahon Pamela S. Menaker Clifford Law Of fi ces Peter V. Mierzwa Law Bulletin Media Kathleen Dillon Narko Northwestern Pritzker School of Law Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins
Robbins, Saloman & Patt, Ltd. Rosemary Simota Thompson Judge E. Kenneth Wright, Jr. Circuit Court of Cook County
THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing
4 July/August 2020
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PRESIDENT’S PAGE BY MARYAM AHMAD Recommit to the CBA: Make Your Corner of the World a Better Place
The Chicago Bar Association www.chicagobar.org
President Maryam Ahmad
Lawyers were instrumental in drafting the United States Constitution. They guided the nation through internal civil conflict, navigated the country through wars and international conflicts, established voting rights and anti-discrimination laws, and have consistently led the way in times of strife. And yet, the legacy of 1619 and Jim Crow laws have resulted in disparate edu- cational systems, inadequate healthcare, unequal economic opportunities, and unequal treatment by the police and court systems for years. Now in 2020, we are fighting the Covid-19 pandemic and the plague of racism that disproportionately kill black and brown people. The collec- tive impact of these systemic failings leaves some of us unable to breathe. Our nation’s failure to develop the talents of a large swathe of its residents undermines our national moral author- ity, destroys communities, and denies our country of precious talent needed to con- tinue to compete globally. How can we, in the legal community, remedy injustice if we are too reticent to call it out, particularly when it is apparent? How can we uphold
First Vice President E. Lynn Grayson
Second Vice President Timothy S. Tomasik Secretary John C. Sciaccotta Treasurer Timothy S. Tomasik Executive Director Terrence M. Murphy
L aw is my second career. I worked in higher education administration and taught for 14 years before attending law school. Having spent years watching lawyers, without being one, I observed that lawyers could do anything. The lawyers I observed were powerful and respected individuals. They possessed a special level of knowledge that was extremely valuable to people in crisis. Lawyers are achievers. Many significant advances in human rights were attained through the intervention of lawyers.
Assistant Executive Director Elizabeth A. McMeen Immediate Past President Jesse H. Ruiz
BOARD OF MANAGERS Jonathan B. Amarilio
Hon. Charles S. Beach II Alexis Crawford Douglas Charles P. Golbert Kathryn C. Liss Michael R. Lufrano Hon. Clare Elizabeth McWilliams
Juan Morado, Jr. Lauren S. Novak Hon. Nichole C. Patton Brandon Peck Ashley Rafael Trisha Rich Antonio M. Romanucci Ajay N. Shah
LAP is Here for You The Lawyers’ Assistance Program is a not-for-profit organization that helps Illinois lawyers, judges, law students, and their families concerned about alco- hol abuse, drug dependency, or stress related issues like anxiety, burnout, depression, andmany others. Services (many now virtual) include individual and group therapy, assessments, education, peer sup- port, and intervention. Learnmore at illinois.lap.org.
Hon. Maria Valdez Adam M. Zebelian
6 July/August 2020
our oaths to defend the United States Con- stitution if we are unwilling to speak out when its principles are blatantly violated? Principles and values are not measured by a sliding scale. We cannot be protectors of justice and then turn a blind eye towards those who are denied it. Lawyers and judges are uniquely qualified to remedy injustice, and many of us work in areas of the law that can materially advance the quality of life of others. So how can we help remedy these enor- mous problems? We can start by making a difference in our own respective corners of the world, however you define that corner. I am asking every member of the Chicago Bar Association to join me in recommitting to and focusing on the principles inher- ent in the name Chicago Bar Association: Chicago, the Bar, and Association. I am asking that you make a difference in your corner of Chicagoland. Dedicate yourselves to using your legal skills to assist Chicagoland residents. Our organization bears the city’s name, and its residents need us now more than ever. Give a free
virtual seminar that’s open to the public. Give a workshop at your place of worship or at a community center in your areas of practice. Provide pro bono legal assistance, small or large, because not all pro bono work requires a long-term commitment. Begin by taking a tangible step by using your legal acumen to improve the life of just one Chicagoland resident. I am asking every CBA member to re- commit to our Bar, by making a difference in your corner of the legal profession. Law- yers are lifelong learners. The pandemic has materially changed the legal profession; use your CLE in a meaningful way to stay cur- rent. Or, improve the Bar by teaching what you know to others. Law is an apprentice profession; bring other attorneys along by facilitating their growth. Invest your time and talents into less experienced lawyers the way you would have liked someone to have invested their time and talent in you. I am asking every CBA member to re-commit to the principle of association. Make a difference with your relationships in your corner of the world. If we have
learned to appreciate anything from the pandemic, it is the importance of human contact. Join me in re-establishing personal alliances and professional contacts and in building new relationships across diverse lines. In addition to the relationships you have already established, extend your hand in friendship to others beyond your prac- tice area and beyond your racial, cultural, or religious background. I am encouraged by the vast numbers of diverse people who have flooded streets across the globe after the murder of George Perry Floyd. Our nation is greatest when we diligently work together for everyone to have access to the opportunities that ensure life, liberty, and happiness. I will work tirelessly on behalf of the Chicago Bar Association to advance each principle espoused in its name. In the words of the late United States Represen- tative Shirley Anita Chisholm, “You don’t make progress by standing on the sidelines, whimpering and complaining. You make progress by implementing ideas.” So, CBA members, let’s go!
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CBA RECORD 7
CBANEWS President Ahmad Asks Members to ‘recommit to the CBA’ at Virtual Annual Meeting By Sally Daly, CBA Public Affairs Director
A virtual annual meeting was certainly not what anyone had planned for, but the Chicago Bar Association rose to the challenge, producing an engaging first-of-its-kind annual meeting to welcome its new President, Officers and Board of Manag- ers for the 2020-2021 Bar Year. The June 25 meeting was held over Zoom and was streamed on Facebook and YouTube. It featured live presentations and pre-recorded segments, remarks from outgoing CBA President Jesse Ruiz and incoming President Maryam Ahmad, and a moving tribute to retiring CBA Execu- tive Director Terry Murphy. Ahmad, a former Cook County Cir- cuit Court Judge and Public Defender – who is now Chief of the Cook County State’s Attorney’s Juvenile Justice Bureau – spoke about the tremendous challenges resulting from the pandemic and issues surrounding racial injustice and police brutality. She asked members to “recom- mit to the CBA” and to use their skills to address crucial social justice issues and to help other lawyers along the way. “Like everyone else, my life has been upended since March 2020. Goals and objectives I initially imagined I would be pursuing this year now seem hollow,” said Ahmad, the CBA’s 147th president and the third African American woman to hold the post. “Join me in committing to the CBA’s underlying principles. To Chi- cago, to the bar, and to the association. I ask that you join me in my focus because historically, transforming societies and righting wrongs is what lawyers do best.” In his outgoing remarks, Ruiz thanked
Outgoing CBA President Jesse Ruiz gives a virtual pass of the Lincoln Gavel of Leader- ship to incoming President Maryam Ahmad at the first-ever virtual Annual Meeting, held June 25. Watch the full meeting video at www.chicagobar.org.
members and those who supported him during his presidency. He too noted that the legal profession plays a pivotal role during these extremely trying times. “A number of great civil rights battles have been won in the courtroom, and lawyers have helped craft and implement reforms that brought our nation out of a number of challenges in our history,” noted Ruiz. “We maximize our impact as lawyers when we join together in com- munity, and for us, that community is the Chicago Bar Association.” Other parts of the annual meeting included a virtual “passing of the gavel,” a segment that featured more than 25 former CBA presidents who simulated a handing of the CBA’s Lincoln Gavel of Leadership to their successors, until the final pass from Ruiz to Ahmad. And in creative, pre-recorded segments, CBA
Secretary Ray J. Koening III turned the annual reading of the minutes into a clever skit about the rules of order, and Treasurer Timothy S. Tomasik presented his financial report in a spoof interview of CNBC’s “Closing Bell” news show. The program also featured virtual swearing in segments for the CBA’s Execu- tive Committee and the new members of the Board of Managers, who were all sworn in by Cook County Circuit Court Judge Robert F. Harris. Ahmad is joined on the CBA’s Executive Committee by First Vice President E. Lynn Grayson, of Nijman Franzetti LLP; Second Vice President Tomasik, of Tomasik Kotin Kasserman LLC; Secretary Koenig, Man- aging Partner at Clark Hill; and Treasurer John C. Sciaccotta, Partner at Aronberg Goldgehn. NewCBA Board of Managers members
8 July/August 2020
are Cook County Circuit Court Judge Charles S. Beach II; Brandon Peck, Part- ner at Peck Ritchey, LLC; Alexis Crawford Douglas, Partner at K&L Gates; Ashley Rafael, General Counsel at Midway Moving & Storage; Cook County Circuit Court Judge Claire Elizabeth McWil- liams; Antonio M. Romanucci, Founding Partner of Romanucci & Blandin, LLC;
Juan Morado, Jr., Partner at Benesch Law; and U.S. District Court Magistrate Presiding Judge Maria Valdez. The meeting concluded with a tribute by CBA Immediate Past President Steven M. Elrod to Murphy, the CBA’s longtime Executive Director who will retire in Sep- tember. Calling him the “heart and soul” of the Association, Elrod introduced a
photo tribute to Murphy as John Lennon’s iconic 1971 song “Imagine” played in the background. “I know we all look forward to a day where we can all be together in person, as I prefer it, to praise his accomplishments and raise a glass to the legendary Terry Murphy,” said Elrod. “That’s something to imagine.”
CBA Hosts Forum on Federal Reentry Program By Sally Daly, CBA Public Affairs Director T he issue of prisoner reentry has taken on new urgency in recent years, as many formerly incarcer-
ated individuals return to society seek- ing a fresh start. The CBA and Union League Club of Chicago’s public affairs committees teamed up to present a con- tinuing legal education program June 9 that featured a compelling presentation from two federal court judges and U.S. Congressman Danny Davis about the federal court’s Second Chance Reentry Program. The James B. Moran Second Chance Program is a reentry court designed to help former inmates reintegrate into the community and live law-abiding lives. The CLE program, which featured Davis and U.S. District Court Judge Sharon Johnson Coleman and U.S. Magistrate Judge Susan Cox, explored how the court functions, including how individuals are vetted and placed into the program, and employment and recidivism issues. The program was moderated by CBA Public Affairs Committee Chair Robert Kreisman. Typically, individuals placed in the Second Chance program have already served at least five years or longer in prison, and the most common criminal offense is a non-violent drug conspiracy charge, according to Judge Cox. Par- ticipants who successfully complete the program receive a reduction in the terms of supervised release of up to 18 months or 50% off of the remaining term of supervised release, whichever is greater. “Our ultimate goal is that our partici-
Pictured left to right, clockwise from top: Robert D. Kreisman, Kreisman LawOffices, and Chair, CBA Public Affairs Committee; CongressmanDanny K. Davis, 7thDistrict of Illinois; Federal Magistrate Judge Susan Cox, U.S. District Court, Northern District of Illinois; and Judge Sharon Johnson Coleman, U.S. District Court, Northern District of Illinois.
pants make a successful reentry into soci- ety, in that they become law-abiding citi- zens who connect with family and pursue productive educational and employment opportunities,” said Cox. Davis, a sponsor of the federal Second Chance Act of 2007 (which has been instrumental in creating reentry programs across the nation), noted that the United States incarcerates more people than any other developed nation, and that this type of programming is essential as the vast majority of those who go to prison eventually return to the community. Judge Coleman, who has been working
on the program for nearly a year, said sen- tencing criminal defendants is one of her most difficult duties as a judge, but that the Second Chance program provides the judiciary with an important alternative. “The issue is that we should not just want to punish, we want to be able to help rehabilitate and to help bring people back, and that is what this program strives to do,” said Coleman. To learn more and watch the on demand video of the seminar, go to www.chicagobar.org/cle (1.25 IL MCLE credit).
CBA RECORD 9
CLE & MEMBER NEWS Don’t Let Your Membership Expire on August 31
Dues Installment Plan and Financial Hardship Dues Available Wish you could spread your dues pay- ments throughout the year? Tired of getting monthly invoices from the CBA? Want to save on stamps, envelopes and bill payment time? If you answered yes to any of these questions, sign up for the CBA’s Dues Installment/Auto Pay Plan, which allows you to automatically bill your CBAmembershipdues to your designated credit card on a monthly, quarterly, semi- annual or annual basis. All we need is your authorization and enrollment form. This is a great way to save time and ease up on your budget. See complete details and enrollment form at www.chicagobar. org, or call 312-554-2020. (Installment plans apply to dues only. CLE Advantage fee, voluntary contributions and monthly membership charges are not included in this option. Automatic charges will begin on June 1.) A dues hardship rate of $50 is also avail- able for unemployedmembers and those experiencing financial hardships. Please email the form located at www.chica- gobar.org under the Join/Renew tab to firstname.lastname@example.org. Member Benefits Spotlight BigHand Professional is an award-winning workflow solution that combines digital dictation and speech recognition tech- nologies in a cloud-based platform that allows users to create, generate and track work in or out of the office. It provides enterprise-quality voice productivity to as few as one single user and does not require any infrastructure or large upfront investment, whichmakes it an ideal option for small firms and solo practitioners ranging from 1-50 users. CBA members get 20%off. Learnmore at www.bighand. com/en-us/chicago-bar-partner.
Without a doubt, we’re in the midst of a particularly difficult time. As lawyers, we’ve had to quickly shift our priorities and how we get work done to serve our clients and our communities. It hasn’t been easy, and there still are many unknowns. The CBA’s continuing commitment is to provide you with essential expertise, information, and support unique to lawyers throughout this period of uncertainty and beyond. We are your hometown bar association. It is CBA renewal time. We pledge to continue to keep you connected to our vital community of peers to be inspired, less stressed, and more prepared for the challenges of right now and tomorrow. We are also offering a dues installment plan, financial hardship dues, and retired member rates to help our members keep
their connections, benefits and savings (email email@example.com for details). We hope that over the past few months you have felt more supported, connected, and knowledgeable through your CBA membership and through some of the free seminars andnewresourceswehaveposted to help with Covid-19 challenges. The CBA, a leader among metropolitan bars, will continue to adapt to new realities and new technologies to provide you with relevant and timely resources aswe allmove forward. Currentmembershipswill officiallyexpire on August 31, 2020, and we encourage you to renew by this date. Renew at www. chicagobar.org/renewormail your payment to the CBA. Email firstname.lastname@example.org with any questions. Confirmation of committee assignments and 2020-21meetingdate scheduleswill be emailed to all committee members in mid- August, withmost committees beginning to meet again inSeptember.Members listedon committee rosters will receive direct emails regarding committee meetings, speakers, hand out materials, legislation, etc. How- ever, you do not have to be listed on the committee roster to attend meetings. Any member may attend any committee meet- ing. Check the weekly CBA e-Bulletin which is emailed to all members everyThursday or visit www.chicagobar.org/committees for upcoming meeting information. Contact CBA Committees Coordinator Awilda Reyes at 312-554-2134 or email@example.com with questions. committees are meeting via live Webcast and teleconference (both methods count for IL MCLE credit).
Earn Free Illinois MCLE Credit through Committee Participation
Weneed your email address. Byprovidingus with your email address, you will: • Receive the CBA e-Bulletin every Thursday containinga list of the following week’s committee meetings and speak- ers noting FREE MCLE credit, upcoming seminars, networking events and impor- tant news about the Association. Over the summer, members are asked to review and update their committee assign- ments for the 2020-2021 bar year via the online committee sign up form at www. chicagobar.org/committees. If you wish to changeyour committeeassignments, please take amoment todo sonow. (Note: commit- tee members will remain on their current assignments unless they make changes). Members who are not currently serving on committees are invited to get active this year. A description of all CBA and YLS com- mittees, along with their meeting dates and new leadership information, is avail- able at www.chicagobar.org/committees. A hard copy committee sign-up form is also located there. CBA and Young Lawyers Sec- tion committee meetings are free to attend andmost qualify for free Illinois MCLE credit (the amount of credit depends on the length of the presentation, average credit is 0.75 hours). Until it is safe tomeet again inperson, Wanted: CBA Member Email Addresses
• Get timely notice upcoming commit- tee meetings, topics and speakers. • Cut down on the amount of mail the CBA sends, which helps lower expenses and saves trees!
gobar.org includingyour name, phone, email address and CBA member number. Please note that the CBA does not provide or sell member email addresses to outside entities nor will we bombard you with unnecessary emails. Thank you!
To notify us of your email address, call 312- 554-2130 or send an email to info@chica-
10 July/August 2020
Congratulations and Thanks to Terry Murphy: The Man, the Myth, the Legend By Katie Liss, CBA Record Editorial Board Member H ow can one express the depth of gratitude and respect that we feel for the Chicago Bar Associa-
tion’s Executive Director, Terry Murphy, who has led the CBA for nearly half a century? Murphy’s care and devotion to the continued betterment of our organi- zation and the pursuit of justice for all is visible every day through his outstanding legacy within our association. The CBA’s dedicated and passionate long-term staff, its committed 18,000 members, and its standing in the local, national, and international legal community are all indicators of Terry’s wonderful leadership throughout the years. Murphy’s career with the CBA began as a young college graduate in September 1971 and will come to a close upon his official retirement in September 2020. In 1971, Murphy, dressed in his only suit at that time, strutted into the CBA’s lobby looking for a law clerk position prior to enrolling in law school. Finding nothing, he turned to leave the CBA offices and liter- ally ran into the then-CBA Comptroller. This individual had Murphy fill out a one- page application and introduced him to then-Executive Director Jacques G. Fuller. Soon thereafter, Murphy headed home. By the time he arrived home, his mother told him he had a job at the CBA starting that Monday. What that job was and howmuch he would be compensated was unknown. Nevertheless, Murphy showed up ready to start on day one and never left. Between 1971-1985, Murphy served as Secretary to numerous standing commit- tees, Director of the CBA’s Lawyer Referral Service, Staff Liaison to the Centennial Committee, and Assistant Executive Direc- tor. In 1985, after a nationwide search that yielded about 400 applicants, Murphy was selected and appointed to serve as the CBA’s fifth Executive Director. After 35 years in this position, Murphy has become the CBA’s longest serving Executive Direc-
CBA Past Presidents Robert Clifford (2011-12), Gordon Nash (1990-91), and Murphy.
First, he is passionate and dedicated to doing the right thing. Second, he has great foresight and ability to adapt. With respect to doing what’s right, Murphy has been a longstanding advocate of diversity and inclusion in the legal pro- fession. Since the beginning of his career, Murphy encouraged diverse attorneys to rise up in leadership within the CBA. Just a few of these talented individuals include Esther Rostein (first female CBA President 1977-1978); Chester Blair (first African American male CBA President 1989-1990); Justice Joy Cunningham (first African American female CBA President 2004-05; Rene A. Torrado (first Hispanic male CBA President 1995-1996); Anita Alvarez (first Hispanic female CBA Presi- dent 2009-2010); and Aurora Austriaco (first Asian American Filipino CBA Presi- dent 2012-2013). He was also instrumen- tal in creating the Earl Burrus Dickerson Awards while working with Chester Blair in 1990. The Dickerson Awards were created to honor one of the first African American CBA members who dedicated his profes- sional career to helping others gain equality and justice. Furthermore, in 2009, Murphy became a founding member as well as
tor in the association’s 146-year history. In addition to becoming a husband, father, and proud grandfather during his tenure with the CBA, Murphy has also become a talented artist, painting beautiful pieces that are featured in various offices and courthouses throughout Chicago. When asked about his tenure with the CBA, Murphy replied, “That all of these years have passed in what seems to have been a heartbeat is a testament to how much I have enjoyed and loved the privilege of serving the past and present members of our Association.” The CBA is truly fortunate to have had such a wonderful Executive Director for so long and to also have Elizabeth (Beth) McMeen succeed Murphy as the CBA’s incoming Executive Director. McMeen served as a Past CBA YLS Chair, the CBA’s CLE Director for 10 years, and most recently as the CBA’s Assistant Executive Director since January 2010. There is no one more qualified than McMeen to serve in this position. Wide-Ranging Role When discussing Murphy’s role within the CBA, two strong common themes appear:
CBA RECORD 11
Treasurer of the Institute for Inclusion in the Legal Profession. As for foresight and follow through, shortly after becoming Executive Director Murphy promptly addressed the relocation of the CBA’s 52,000 square foot original headquarters. If this move failed to occur, the CBA’s 50-year lease would lapse and the anticipated rent would increase four- fold. Murphy developed a five-year plan to move the CBA’s physical location from 29 S. LaSalle Street to its current location at 321 S. Plymouth Court by August 1990. To make this monumental move, Murphy oversaw every decision from selecting the property, reaching an agreement with the former John Marshall Law School to house the CBA’s 120,000 volume library, to overseeing the rebuild of the CBA’s current building via weekly meetings over one-and-a-half-years years. He also spent untold hours calling and visiting hundreds of people over a two-year period to secure sufficient financing for this massive move. The CBA would literally not be standing where it is today without Murphy’s efforts. Regarding programming, Murphy con- tinued to look forward to the legal needs of our community by helping develop and implement many of the CBA’s lead- ing programs, just a few of which include the Lawyer Referral and In-Court Lawyer Referral Programs, Dial-Law, and Law at the Library in collaborative partnerships with the Chicago Public Library. Murphy was also a key contributor, along with past CBA President Thomas A. Demetrio, in establishing the Lawyers Lend-A-Hand to Youth Program, which provides tutor and mentoring services to young students from Chicago’s most impoverished com- munities. Additionally, the CBA Insurance Agency, a subsidiary of the CBA which offers full insurance services, as well as the CBA’s Symphony Orchestra and Chorus and the Barristers Big Band, both of which offer CBA members creativity outlets and provide enjoyment for the community at large, would not be here without Murphy’s efforts.
Murphy with 2008-09 CBA President Judge E. Kenneth Wright Jr.
National and International Connec- tions Murphy also connected the CBA with national and international leaders. Some of these included lunch and a home video with U.S. Supreme Court Justice John Paul Stevens; PSAs with John Houseman and the Chicago Public Library; and meetings with current Illinois Governor J.B. Pritzker, current Chicago Mayor Lori Lightfoot, Archbishop Desmond Tutu, Andrew Young, OprahWinfrey, Ted Ken- nedy, Doris Kearns Goodwin, and Johnny Cochran, to name a few. One notable story occurred when Murphy and Past CBA President Judge E. KennethWright Jr. met with Desmond Tutu through an introduction by Judge Sheila Murphy. Archbishop Tutu agreed to come to the CBA and talk with our legal community about the important issue of teen youth violence, an initiative that began with past CBA President Anita Alvarez. When talking about this program, Murphy can still clearly hear Tutu’s power- ful message, which still rings true today: “Put the face of your child on the face of these children being hurt, injured, or killed.” The violence needs to stop.
In addition to his extensive work at the CBA, Murphy was elected and served as President of the National Association of Bar Executives in 1989 and was appointed by Mayor Richard Daley to serve on Chi- cago’s Workforce Board. He also served on the Ethics Committee for the Elmhurst Art Museum and serves as President of The Chicago Bar Association’s Condominium Board of Directors. The CBA remains one of the leading metropolitan bar associations in the world because of our leadership, our members, our programs, and our unified dedica- tion to justice and service to the public. Murphy is quick to note, “We owe this universal respect and admiration to each of [our current members] and to generations of past members whose leadership, vision, intellect, dedication to the law and public service met and successfully addressed challenges confronting the courts and our society.” However, we also owe this in large part to Murphy’s incredible stewardship over the last five decades.
With contributions from Clifford Gately, CBA Record Editorial Board member.
12 July/August 2020
Cheers to Terry Murphy!
Murphy’s story thus far is a beautiful one, and we are all thankful to have had the opportunity to work with and learn from one of the best. Cheers to Terry Murphy: the man, the myth, the legend! “For almost half a century Terry Murphy has dedicated all his time, talents and skills building the Chicago Bar Association into the premier metropolitan bar association that it is today. Terry has served every CBA member with professionalism, and genuine care and concern. We thank Terry for all of his years of faithful service to our Association, its members, and our profession, and also thank his wife Karen and his family for sharing so much of him with us.” – Jesse Ruiz, Illinois Deputy Governor (CBA President 2019-2020) “The spotlight must shine on Terry from this moment forward, for every successful initiative, entrepreneurial and legal, that our CBA initiated during Terry’s tenure. During my presidency, without hesita- tion, Terry assured the restructure of Cook County’s Juvenile Justice System and proudly inaugurated the Alliance for Women, with its forward thinking agenda. Terry’s willingness to listen, his “will do” attitude, his sense of humor, his respect for each individual perspec- tive, accounts for the international recognition of the CBA as the Bar Association that transforms words of justice into action.” - Laurel Bellows, The Bellows Law Group (CBA President 1991-1992) “Great run. Great work. Great guy. We will sorely miss your ideas and wonderful personality. Never be another like you, Terry.” - Hon. Thomas Mulroy, Circuit Court of Cook County (CBA Presi- dent 2017-2018) “Terry Murphy made the CBA what it is – the preeminent metropoli- tan bar association in the nation. Executive Directors from around the country universally know and admire Terry. Personally, when people want to know how I charted my course through the CBA and into leadership my response is simple: I followed Terry’s advice every step of the way.” - Daniel Kotin, Tomasik Kotin Kasserman (CBA President 2016-2017) “No person has a better understanding of, or greater insights into, the legal profession nationwide, and particularly in Chicago. Terry has always had his finger on the pulse of the Chicago legal community. He was, and remains, a tremendous resource and confidant.” - Steven Elrod, Elrod Friedman LLP (CBA President 2018-2019) “Terry Murphy really is the heart of the Chicago Bar Association. He has always been so competent in the job and he has done it with such finesse and class. Terry was never out of new ideas and new ways of thinking about things. And he has always been such a tremendous steward and protector of the CBA and its members. This was a job that he was made for, and he seemed to love every minute of. He will be greatly missed.” – Presiding Judge E. Kenneth Wright Jr., First Municipal Division, Circuit Court of Cook County (CBA President 2008-2009) “Terry, you are a luminary and pillar! Congratulations to you and to Beth.” – Maryam Ahmad, Cook County State’s Attorney’s Office (CBA President 2020-2021)
“Two of the best, a perfect baton handoff. Two individuals I have known my entire legal career and both of whom I consider family.” – Daniel A. Cotter, Howard & Howard Attorneys PLLC (CBA President 2014-2015) “Terry has brought the CBA local, national, and even international recognition because of his innovative ideas and collaborative style. As a CBA past president, I have seen Terry do his incredible work but can also attest that he genuinely cares about people, the CBA and its members. I am so honored and proud to consider him a dear friend and a mentor.” – Aurora Abella-Austriaco, Valentine Austriaco & Bueschel, P.C. (CBA President 2012-2013) “Terry Murphy helped me realize the value and importance of being involved in the CBA. Without his encouragement and support, I could not have succeeded as president. He is the master of calming any storm and instilled in me the importance of finding common ground within the diverse legal practices of all our members.” - Anita Alvarez, Alvarez & Marsal Disputes & Investigations (CBA President 2009-2010) “A lot of people talk about diversity and inclusion, but Terry has always put words into action. Thanks to Terry, the CBA has had diverse leadership earlier and in greater numbers, something that to this day most other bar associations cannot rival. In those earli- est days, he was the sounding board in designing and helping to fill a much-needed gap in the legal profession’s diversity and inclusion efforts.” – Sandra Yamate, Chief Executive Officer for the Insti- tute for Inclusion “What a run it has been for you. You have made the CBA the nation’s best bar association. You can be very proud. Congratulations.” – Kimball Anderson, Winston & Strawn “To me, you were not only the face of the CBA, but its soul. What a wonderful legacy you have left.” – Mark B. Epstein, Epstein and Epstein “You have been an extraordinary leader and servant of our organiza- tion, Terry. We will all miss you deeply. Congratulations on moving to the next stage of your life’s journey.” – Chief Judge Rebecca R. Pallmeyer, Northern District of Illinois, U.S. District Court “You are irreplaceable! Thank you.” – Jonathan B. Amarilio, Taft Stettinius & Hollister LLP “With you at the helm, you have fostered a dynamic and long lasting legacy of an urban resource for lawyers and the community. Enjoy your well- deserved retirement and congratulations.” – Ilene M. Korey, Clausen Miller P.C. “I am standing in salute to you and in honor of your distinguished and admirable career as a bar executive.” – Robert E. Craghead, Executive Director. Illinois State Bar Association
CBA RECORD 13
Original painting of Chicago’s Skyline byTerry Murphy. Murphy plans to expandhis passions for travel and painting in his retirement.
Murphy with CBA Past President Michael B. Hyman (2005-06) and Justice Seymour Simon.
“Terry has always been the most optimistic person I know. Always a smile on his face, a story to tell, or ideas to share. His talent for constantly thinking of the future and what the larger profession and those we serve need now and will need next year has made the CBA one of the leading metropolitan bar associations not only in the United States but around the world.” – Beth McMeen, CBA Assistant Executive Director “No one in the Association’s history has done more to make the CBA the renowned professional organization it is. Thank you for 49 years. For your wise counsel during my presidency. For your friendship.” – Justice Michael B. Hyman, Illinois Appellate Court (CBA President 2004-05)
Murphy with Incoming CBA Executive Director Elizabeth (Beth) McMeen).
14 July/August 2020
Murphy with 1991-92 CBA President Laurel Bellows.
1992-93 CBA Past President Thomas A. DemetriowithMurphy at his 2017 lobby portrait dedication ceremony.
Murphy with his family at his lobby portrait dedication ceremony in 2017: Jennea Alvarado; Ryan Murphy holding son Colin; Karen Murphy; and Sean Murphy. CBA RECORD 15
Murphy with past CBA Presidents Aurora Abella-Austriaco (2012-13) and Daniel Kotin (2016-17).
Murphy with past CBA Presidents Chester Blair (1989-90) and Joy V. Cunningham (2004-05).
With 2018-19 CBA President Steven Elrod and Chicago Mayor Lori Lightfoot.
16 July/August 2020
A Special Notice to all Lawyers Who Reside in or Practice in Cook County
The Moses, Bertha & Albert H. Wolf Fund
he Chicago Bar Association manages the Moses, Bertha, and Albert H. Wolf Fund to aid
attorneys who reside or practice law in Cook County and are ill, incapacitated or superannuated. Through the Fund, the CBA provides financial assistance in the form of grants and loans. Eligible recipients also include lawyers in Cook County who receive assistance from the Lawyers Assistance Program and are in need of medical assistance.
“I can say without hesitation that the generous support that I have received from the Wolf Fund has enabled me to receive medical treatment for several disabling conditions and prevented me from becoming homeless. My hope is that I will be able to return to the full-time practice of law and someday make a substantial contribution to The Chicago Bar Association’s Wolf Fund in return for all the help they have given me. I am ever so grateful.” - Wolf Fund Recipient
For more information, please contact Terrence M. Murphy, Executive Director 312-554-2002 firstname.lastname@example.org
CBA RECORD 17
Chicago Bar Foundation Report
Charting a Path to a Better Future: The CBA/CBF Task Force on the Sustainable Practice of Law and Innovation By Bob Glaves, CBF Executive Director, and Jessica Bednarz, CBF Director of Innovation &
the Justice Entrepreneurs Project T he CBA/CBF Task Force on the Sus- tainable Practice of Law is finalizing the draft of a comprehensive report to modernize the Rules of Professional Conduct to make the legal market work better for everyone. The draft report is the product of nine months of hard work and will be pub- lished for public comment in July and early August (see sidebar for details). Dozens of members from diverse back- grounds across the legal community in Illinois and beyond—lawyers and other legal professionals—developed recommendations to reform the way we regulate the business of law. We believe these changes will make for a better andmore sustainable legal profession, a better andmore accessible justice system, and improved access to legal help for consumers and small businesses. Background The genesis for the Task Force is the recogni- tion that the legal market for everyday people is not working for anyone. Most people do not even recognize when they have a legal problem, and when they do, they do not know how or where to find affordable legal help. Lawyers trying to serve the consumer market increasingly are struggling. Andmore people than ever before are coming to court without lawyers. Amarket failure of this magnitude would normally be met with a wave of innovation and new services. However, our antiquated
Rules of Professional Conduct governing the business of law are artificially restraining market forces from fixing the problem in the market for legal services, to everyone’s detriment. This failure in the legal market has been long in the making, and the pandemic has exacerbated the problem. Not only are there huge implications for our courts and access to justice, but the negative impact on solo and small firm lawyers throughout the state is very real as well. A healthy legal profession and improved access to justice for the public are not opposing concepts; they are inextri- cably related. Among the key goals for the Task Force were to: • Create better opportunities for lawyers to practice law in a sustainable, financially viable manner and better serve clients; • Reimagine the Rules of Professional Con- duct to permit business models that will expand opportunities for Illinois lawyers to attract new clients and improve their bottom line; and • Prioritize the use of legal technology to improve the ability of our courts and lawyers to provide legal services to a greater number of legal consumers and to make legal services more affordable and acces- sible. The Task Force’s proposed solutions are framed around the Supreme Court’s Regu- latory Objectives and Strategic Agenda, and
the Task Force’s Guiding Principles and Objectives (available on the Task Force web page). Recent resolutions from the Confer- ence of Chief Justices and the ABA as well as the ongoing work of other states offer further support for the urgency of this work. Finally, we have built off the experience of other professionals who recognize a wider range of business models and have markets that function better for both the professionals and the public. The Task Force carried out its work through five committees: • Modernizing Lawyer Referral&LawFirm Models • Regulating Technology-Based Products and Services • Optimizing theUse ofOther Legal Profes- sionals • Expanding the Limited Scope Representa- tion Rules • Plain Language Ethics Rules Full reports from each committee are included within the overallTask Force report. Their collective recommendations are briefly summarized below, organized by the three major issue areas they address. Task Force Recommendations The overarching issue the Task Force has worked to address is the growing disconnect between the legal needs of the public and lawyers who could serve them. Our Task Force proposals directly address this discon-
18 July/August 2020
nect in three ways: 1. Helping lawyers connect to more poten- tial clients and offer more affordable and accessible services by: • Recognizing a new Intermediary Entity model to help connect lawyers with potential clients; • Improving the Rules for limited scope representation; • Modernizing the Rules so lawyers can offer technology-based services; • Developing new or amended Rules on alternative fees and fee petitions; and • Recognizing a new Licensed Paralegal model so lawyers can offer more effi- cient and affordable services in high volume areas of need. 2. Helping people recognize they have a legal problem and where they can turn for affordable and reliable legal help by: • Streamlining the Rules around lawyer advertising; • Recognizing a new Community Jus- tice Navigator model to build on the success of Illinois JusticeCorps in the courts; • Developing a newRule for technology- based legal products; and • Creating a new hub for the public to find Court-approved resources for information and assistance (Technol- ogy-based products/services, Commu- nity JusticeNavigators, and Intermedi- ary Entities). 3. Spurring more innovation in the profes-
sion and delivery of services by: • Enabling lawyers to collaborate with other professionals integral to business success through the proposed new Intermediary Entity and technology- based service rules; • Adopting a clearer practice of law defi- nition with a recognized safe harbor; • Giving lawyers a path to work with entities offering technology-based products in the legal market; and • Proposing a broader plain language review of the Rules to modernize the Rules with the lightest hand of regula- tion needed to achieve the Court’s regulatory objectives. Regulatory reform cannot fix all of the ills that afflict the legal market today, but it is absolutely critical to solving the problem. The SupremeCourt’s leadership and continu- ing good work in simplifying and promoting better access to the courts (including remote access) is equally important to the ultimate goal of making legal services affordable and accessible for all, as is pro bono and proper funding for legal aid for people who are not in a position to pay for services. Although each of these steps is essential to achieving a truly fair and accessible justice system, it is imperative that we maximize the ability for market-based solutions to improve access.TheTask Force’s recommendations are designed to do just that, and we encourage you to check it out and weigh in during the public comment period.
Public Comment for the Task Force Report The Task Force published its draft report and recommenda- tions for public comment on the Task Force web page (https:// chicagobarfoundation.org/advo- cacy/issues/sustainable-practice- innovation/) in early July. We encouragemembers of thebench, bar, and public to offer construc- tive and concrete feedback on the various proposals in July and early August. The Task Force will also host a Zoom town hall-stylemeet- ing togivepeople theopportunity tosubmit feedback inwritingor“in- person” (see web page for details).
New CBA @attheBar Podcast: The Constitutionality of Covid Stay-At-Home Orders Edition In the third of our series relating to the Covid-19 pandemic, host Jonathan Amarilio and co-host Jack Sanker are joined by constitutional scholar and lawprofessor Ann Lousin of UIC John Marshall Law School to discuss whether those protesting the constitutional- ity of Illinois’ stay-at-home order have a case. Listen on the Legal Talk Network, Apple Podcast, Google Play, Stitcher and more.
CBA RECORD 19
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