CBA Record July-August 2022

July/August 2022 CBA

Timothy S. Tomasik 2022-2023 CBA President

Susan Novosad

Steve Levin

Mike Bonamarte

John Perconti

Margaret Battersby Black

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CBA RECORD CONTENTS

July/August 2022 • Volume 36, Number 4

4

Editor’s Briefcase Secret to a Fulfilled Life by Justice Michael B. Hyman

INSIDE THE ISSUE

24

Stepping Out with CBA President Timothy S. Tomasik By Trisha Rich

6

Letters to the Editor

8

President’s Page Charting a Course Forward by Timothy S. Tomasik

30

Ponzi Schemes and Tips to Avoid Them By Anthony F. Fata

10 CBANews 18 Chicago Bar Foundation Report 20 The Pulse 47 Summary Judgements

36

Legal Ethics: A Retrospective By John Levin

38

Explaining Real Estate Tax Timing in Illinois: A One-Time Solution Continues 88 Years Later By Richard Lee Stavins

Business and Commercial Litigation in Federal Courts, Fifth Edition Reviewed by Daniel Cotter

YOUNG LAWYERS SECTION

40

Building Bridges: It Takes All of Us to Ensure the Continued Value of Membership By Daniel Berkowitz

48 LPMT Bits & Bytes

Attention on Retention by Anne Haag

42

Young Lawyers Section Annual Meeting By Ann Glynn, CBA Public Affairs Director

50 Practical Ethics

43

No-Knock Warrants: Past, Present, and Future By Sarah Chowdhury, Nicholas Flores, and Kenneth Matuszewski “Out-Gunned, Out-Manned, Out-Numbered, Out-Planned”: IRS Seeks to Make an All-Out Stand By Genevieve Redd

ARDC’s Annual Report Sheds Light on Illinois Legal Industry by Trisha Rich

46

The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org. Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/oMembership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2022 by The Chicago Bar Association. All rights reserved. Reproduction inwhole or in part without permission is prohibited. The opinions and positions stated in signedmaterial are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.

CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF

EDITORIAL BOARD EDITOR-IN-CHIEF

Justice Michael B. Hyman Illinois Appellate Court

ASSOCIATE EDITOR Anne Ellis Proactive Worldwide, Inc.

Secret to a Fulfilled Life Originally published in the September 2001 issue of The CBA Record.

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 Illinois Attorney General’s Office Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Kirby McInerney LLP Clifford Gately 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

C irculating on the internet is a wry little story about a professor’s celebrated lecture. I found the apocryphal tale powerful, with an unmistakable message many lawyers unwisely wink at. Transformed and embellished from the original version, here’s my retelling: The white-bearded senior partner sat restlessly in the conference room to bid a bittersweet goodbye to the firm on his oft-delayed retirement. Following the usual congratulatory speeches, the firm’s last surviving founder rose to respond, remembering long-ago wastes of effort and of time – elusive, irrecoverable yesterdays. He placed a brown grocery bag on the antique oak table, and pulled out a tall, clear, wide-mouthed flower vase. One by one, he took five good-sized rocks from the bag and put them in the vase. He asked everyone whether the vase was full. Puzzled by the display but attentive, the firm responded, “Yes.” The senior partner looked in the bag and removed a bucket of gravel. Shaking the vase, he poured in the gravel. Once again, he asked, “Is the vase full?” Now more cautious, the firm reacted with “No” and, in a lawyerly fashion, “Probably not.” “Bingo,” the retiring partner said, reaching again into the bag for a yellow plastic pail. Gently he tipped the pail into the vase so the sand would fall into the crevices. “Is the jar full now?” “No,” everybody sang out. “Gee, you’re smarter than I thought,” he said launching a roar of laughter. He turned around and moved to the refreshments. He grabbed an open bottle of Moet & Chandon and topped off the vase. Satisfied with himself, he looked around at the only family he had left. “What does all of this mean?” he said, motioning at the vase. One wise-cracking partner thought the old man was leaving the law to become a performance artist. A newly christened partner in estate planning suggested that the presentation symbolized his long career; as a young lawyer he performed “heavy labor” depicted by the rocks, and as he advanced, his work became finer, from gravel to sand, and now, finally at retiring, he saturated everything with a sweet embrace. With a slight grin, the old man shook his head, “As usual, you’ve showed creativity while com pletely missing the point.” An associate’s hand shot up. She said he had delivered a lesson on time management, that no matter how busy a lawyer gets, they can, and should, manage more. “Splendid, but that’s not it either.” His face lit up with a knowing smile as he took a sip from the Champagne bottle. He told them what he learned too late in life. “Unless you put your big rocks in first, you will never get them in at all,” he said. “You know the big rocks. Those things special to you. Your spouse or significant other. Your kids. The three ‘f ’s’ – family, friends, and faith. Continuing education. Good causes. Giving back by devoting yourself to pro bono service. Making time for yourself, exercising, and eating right. Your wild dreams and your not-so-wild dreams.” Taking from the grocery bag a white lily, he gently crowned the vase. “Don’t forget, put those big rocks in first,” the old man said with a sense of urgency. “And your life will be as exquisite as the Champagne and as full-bodied as the floating lily.” In our manic profession, we lawyers develop toxic habits or brush aside truly important things because of lack of time or lack of commitment or a thousand other excuses. When each of us retires, let it be said that we capably filled our vase with the big rocks and always left room for the beauty in life.

Judge E. Kenneth Wright, Jr. Circuit Court of Cook County

THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing

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LETTERS TO THE EDITOR

Simple Solution for Gender in Drafting Statutes and Contracts W hat is the drafter to do as the definitions of male and female seem to be less clear and additional genders and gender preferences have emerged, with some controversy, in the public discourse? Not to mention the ambiguity as to whether “they” is meant to be singular or plural? The answer is simple, as the drafters of the original Illinois Mortgage Foreclosure Law (IMFL) (735 ILCS 5/15-1101 et seq.) from the ISBA Real Estate Law Section Council demonstrated back in 1987: Just eliminate all gender references. One of the most overlooked and underappreciated features of that statute was that it did not contain a single gender reference – not one “he,” “she,” “him,” or “her.” None. Zero. Nil. The IMFL simply referenced back to the actor, e.g., “If the mortgagor did X, then ‘the mortgagor’ …” or “shall, upon the mortgagor’s request, be delivered to ‘the mortgagor.’” (Alas, those amending the IMFL over the years, and those drafting other statutes, have not been so consistent; thus, a multitude of gender references can be found in those enactments.) That solution is clean and simple — an easy path for statutory drafters and contract drafters. No handwringing or controversy about what pronoun to use. -Jeffrey G. Liss ■ I just finished reading your article on the evolution of legal writing in the May/June 2022 issue of the CBA Record. I was struck by the quote from Matthew Butterick stating, in the article you quoted from, “Never choose Times New Roman or Arial, as those fonts are favored only by the apathetic and sloppy.” You then stated, in parentheses, quote (“Youch. Duly noted.”) I would have loved to have read some skepticism expressed in response to that hyper bolic and ridiculous statement. (Maybe “Duly noted” was tongue-in-cheek?) I have read that one of the reasons Times New Roman is so popular is because many people recall it from the textbooks and newspapers they grew up reading, so it has retained an aura of credibility. Arial is great on computer screens because it is larger and clearer than other fonts in the same type size. I have used both in perhaps 99% of the written output of my legal work for over 30 years without a single complaint. Imagine that! Many other careful and non-apathetic lawyers I know do also. -Eric Freibrun ■ C ongratulations on an exemplary issue to celebrate the anniversary of the CBARecord . Of course, I loved the cover of the initial issue. I have the poster of it in my den. We worked hard to give the Record a good start, and the early covers helped a lot. Keep up the good work. -Michael Pope ■ [editor’s note: Michael Pope was the first editor-in-chief of the CBA Record] Font Concerns Cheers to 35 Years!

Calling all CBA member artists and photographers. If you have an original work that would make a great cover for a future issue of the CBA Record, let us know! Artwork or photograph must be an original work and you must be able to provide a high-resolution image suit able for printing purposes. Submit your work for consideration to CBARecord@ chicagobar.org.

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PRESIDENT’S PAGE BY TIMOTHY S. TOMASIK Charting a Course Forward

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

mitted her year to “kindness, civility, and well-being” – all traits she has embodied and modeled for others throughout her distinguished career. There is no doubt that the CBA remains one of the leading voluntary met ropolitan bar associations in America. The CBA will continue its unwavering commit ment to diversity and inclusion this year by aggressively promoting our DICE initia tive, which originally began when Steven M. Elrod served as President and is suc cessfully co-chaired by Justice Michael B. Hyman and Nina Fain. I am excited for all of us to return to our fantastic CBA building for more in person meetings and special events as we exit the pandemic. While we will continue to use remote technology for many events, including some practice committee meet ings and CLE programs, in some instances there is no substitute for in-person inter action. To that end, I look forward to the CBA hosting several special in-person CLE symposiums and invited speaker events in the coming year. The CBA will also continue to empha size the paramount importance of civility and will work to improve the health and wellness of lawyers. We have all learned that the pandemic compounded many pre existing mental health and wellness issues that lawyers have struggled with in Illinois and across the country. Mental health sta tistics reflecting the poor mental health of lawyers in our community are astounding. As part of the CBA’s ongoing commitment to lawyer wellness and mindfulness, we will host a Wellness Symposium featuring a fac ulty of lawyers and mental health experts. We will address how we can respond to the disturbing increase in the rates of depres sion, anxiety, and suicide throughout the legal community. We will also explore how our ever-increasing reliance on technology

Secretary Kathryn Carso Liss

Treasurer Nina Fain

Immediate Past President E. Lynn Grayson

I n beginning my term as the 146th President of The Chicago Bar Asso ciation, it is both fitting and proper to first recognize outgoing President E. Lynn Grayson, who has provided extraordinary leadership in navigating the CBA through the many challenges and obstacles of the second year of the pandemic. Through her dynamic efforts, Gray son spearheaded the CBA Strategic Plan to reorient our mission toward promoting the administration of justice and the public good, as well as providing new direction for the association’s future. She was also responsible for several high-profile pro grams, including the Judicial Redistricting and Statewide Pretrial Services program featuring Illinois Supreme Court Chief Justice Ann M. Burke, and three joint CBA/ISBA/IJA Women Leaders in the Profession programs. She also launched the CBA’s 150th Anniversary 2024 Com mittee – chaired by Terry Murphy and Judge Nichole Patton – which is planning many wonderful events to celebrate the CBA and its contributions to our com munity over the past century and a half. I look forward to continuing that commit tee’s great work this year. Grayson com

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 Kevin Thompson Judge Allen P. Walker Matthew P. Walsh II Sandra S. Yamate

8 July/August 2022

sions. Having been a member since the 1990s and serving on the Judicial Evalua tion Committee for over 15 years, I have enjoyed the opportunity to work closely with, and learn from, many of our great past presidents. I am especially thankful to have had the opportunity to work with my mentor, the inestimable Robert Clif ford, throughout his presidency, and—of course—with my partner, Daniel Kotin during his bar year. There is no doubt that I have benefited greatly and learned from the many exceptional past presidents of this historic organization. I enter the upcoming bar year with great love and gratitude to my wife, Jen nifer, and our daughters McKenzie and Maeve for all their wonderful support. And of course, I am ever thankful for the unwavering support of my partners and the team at Tomasik Kotin Kasser man. I hope that you are enjoying a great summer as you review this issue of the CBA Record. We are going to have a great bar year at the CBA – thank you for the opportunity to serve as your CBA President! ■

has impacted lawyers’ mental health and well-being, especially given the increasing reliance on social media in the practice of law. This programing will be a ben efit to all CBA members, and certainly our youngest generation of lawyers, for whom the pandemic has largely defined the beginning of their careers. It is critical that we mentor our youngest lawyers in the importance of civility and teach them the soft skills needed to be successful lawyers. Over the past several years, we have seen our core constitutional principles and values come under attack. We all share in the sworn duty to protect our democracy and constitution, which is why my CBA presidency will place spe cial focus on protecting the rule of law and the independence of the judiciary. To accomplish this objective, the CBA remains committed to responding to the frequent, uninformed, and unfair criti cism of judges in the media. It is vital that we work to support and maintain (or perhaps regain) public confidence in the judiciary by responding to unwar ranted criticisms of individual judges and of the judiciary. Our citizenry can only

have faith in our justice system if they have confidence in our courts. Support ing judicial independence remains one of my primary commitments and one of the fundamental missions of the CBA. I am also pleased to announce that the CBA will once again travel abroad to host a CLE program. From April 16 to April 21, 2023, we will travel to Dublin, where members can enjoy an excellent CLE program focusing on the topical issues of war crimes and crimes against humanity. While we are still working on a few details, there will be many oppor tunities to tour Dublin, the Irish Courts, the Kilmainham Gaol jail, a Guinness Storehouse, and enjoy presentations by Irish jurists and government leaders. Our Ireland trip will also offer an extension to visit the famed harbor town of Kinsale and the Old Head Golf Links. Personally, it is an absolute privilege and honor for me to serve as the 146th President of the Chicago Bar Associa tion. It is one of the greatest achieve ments of my legal career. I am committed to dedicating all my best efforts to pro mote the CBA’s many important mis

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CBA RECORD 9

CBANEWS CBA’s 149th Annual Meeting Hosted In-Person By Ann Glynn, CBA Public Affairs Director T he Chicago Bar Association cel ebrated the 2021-2022 bar year at the 149th annual meeting in

New members of the 2022-2023 Board of Managers were introduced. Members include 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 Row land, Kevin Thompson, Judge Allen P. Walker, Matthew P. Walsh II, and Sandra S. Yamate. In addition to opening remarks from Grayson, other highlights included rec ognition for outgoing officers and board members, reports from the CBA Trea surer and Election Committee, introduc tions of new officers and board members, and closing remarks from Tomasik.

Trust Counsel, JSS Family Trusts. Tomasik is a founding member of Tomasik Kotin Kasserman LLC where he has distinguished himself as one of Chicago’s elite trial attorneys. Before joining the firm, he practiced for 15 years at Clifford Law Offices in Chicago and served as an Assistant Cook County State’s Attorney in the Bureau of Spe cial Prosecutions. Tomasik is a member of the American Bar Association Section of Litigation and the ABA’s Torts Com mittee. He served for 15 years on The Chicago Bar Association’s Judicial Evalu ation Committee. He is a past Chair of Lawyers Lend-A-Hand, a foundation that provides grants to Chicago’s underprivi leged youth, and is a past board member of the Western Springs Foundation for Educational Excellence.

June at the Union League Club. Held in person for the first time since 2019, the meeting highlighted the successes of the past year, looked ahead to the coming year, and welcomed a new group of officers. Outgoing President E. Lynn Grayson passed the gavel of leadership to Timothy S. Tomasik. Tomasik was joined by a new slate of CBA Officers including First Vice Presi dent Ray J. Koenig III, Managing Partner of Clark Hill; Second Vice President John Sciaccotta, Partner, Aronberg Goldgehn; Secretary Kathryn Carso Liss, Executive Director, Schiller DuCanto and Fleck Family Law Center, DePaul University College of Law; and Treasurer Nina Fain,

Outgoing CBA President E. Lynn Grayson (right) passes the Lincoln Gavel to new President Timothy S. Tomasik.

Pictured from Left: CBA Secretary Kathryn C. Liss, CBA Executive Director Beth McMeen, 2021-22 CBA President E. Lynn Grayson, CBA Treasurer Nina Fain and Past CBA President Aurora Abella-Austriaco.

10 July/August 2022

YLS Board Match: Connecting Young Attorneys with Not-for-Profit Organizations By Daniel Berkowitz, CBA Record Editorial Board Member T he CBA Young Lawyers Section recently sponsored “Board Match: Serving on the Board of a Non

they may field questions in areas of the law in which they do not practice. It may be necessary for an attor ney to access their own legal network to get the proper answer to a legal question raised by the organization’s board. All three panelists dis cussed the overall pride and satisfaction they feel from serving with a not-for-profit organization. Matuszewski remarked that this feeling is particularly acute when serv ing an organization whose mission you truly believe matters. Panelists also noted the ways in which service on a not-for-profit board can help a young lawyer’s career. Being active on a volunteer board gives young attorneys

Profit” to educate attorneys about the career and personal benefits (and costs) of joining the board of directors for not-for-profit organizations. The in person event brought together dozens of attendees interested in getting more information about board service, as well as representatives from 10 not-for-profit organizations with a local presence in Chicago. The event consisted of two parts: a panel discussion regarding board ser vice, followed by a meet-and-greet fair where attendees could learn more about the organizations and see whether they would be a good match for each other. The organizations represented were the American Cancer Society, the Center for Conflict Resolution, Chicago Volunteer Legal Services (CVLS), Growing Home, Lawyers for the Creative Arts, Legal Prep Charter Academy, Project Bleeding Love, Project: VISION, Volunteers of America Illinois, and Wings. Panelists included Margaret Benson, Executive Director for CVLS; Kenny Matuszewski, Associate, Goldberg Segalla, who serves as Treasurer for Lawyers for the Creative Arts Associate Board and as the Second Vice Chair of the YLS; and Matt Passen, Partner, Passen & Powell, an Advisory Board Member of the CBF’s Justice Entrepreneurship Proj ect and a former YLS Chair. Benson began the discussion by explaining the value that attorneys can bring to the board of a not-for-profit organization, whether or not the orga nization works in the legal space. Passen echoed these sentiments and explained how an attorney, especially if they are the only attorney serving on the board, auto matically becomes the go-to expert on any legal challenge the organization may be facing. That is something attorneys should expect when they serve, although

Pictured left to right: YLS Project Officer Maggie Mendenhall Casey and YLS Special Project Coordi nator Alison Anderson.

tion you plan to serve has liability insur ance for directors and officers (D&O insurance). The last thing an attorney wants is to deal with is being the defen dant in a lawsuit without the benefit of insurance protection. The panelists all see the benefits of board service as far outweighing the potential drawbacks. Assuming attorneys do adequate research and vetting before hand to make sure the organization is a good fit (and they are a good fit for the organization), they all highly recom mended board service. They also noted that the financial and networking benefits in some cases may be just as good as the emotional satisfaction derived from serv ing a not-for-profit organization. From the energy generated during the networking reception following the panel discussion, many attendees appeared to take the panelists’ advice to heart. And hopefully, some worthy organizations will soon have new attorney board members to help them continue to serve the wider Chicago community.

the opportunity to network with senior attorneys, assuming they also serve on the board, as well as business executives and potential clients. In addition to the myriad benefits from volunteering to serve on the board of a not-for-profit organization, the panelists also discussed some of the obligations, expectations, and potential liabilities. For example, there is an expectation that those who serve on the board of CVLS will contribute financially to that organi zation and help fundraise for the organi zation from other sources. Many other organizations have similar requirements for board service. In addition, attorneys do not leave their ethical obligations behind when they serve on a board, even if the work they are doing is non-legal. As for liabilities, panelists cautioned any attorney interested in serving on a board to do their homework to ensure that the board members are adequately protected in case something goes wrong. This includes making sure the organiza

CBA RECORD 11

$2.5 Million Settlement in Medical Malpractice Case Referred Through LRS By Ann Glynn, CBA Public Affairs Director O ver four years ago, the plain tiff presented to Cook County Provident Hospital with a pain only with a Doppler device, to absent. No additional treatment was given, and her

ies of the amputated foot showed that one of the foot arteries was completely closed off with atherosclerosis plaque,” said Ford. “No treatment was done to address the atherosclerosis or the anemia, which in turn affected the efficacy of the antibiotics.” A $2.5 million settlement was reached on the patient’s behalf. The $125,000 that the LRS received as its referral dues, pur suant to its rules, are being used to fund the LRS program and other services pro vided by the CBA in its ongoing efforts 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 https://lrs.chicagobar.org or reach out to LRS Director Juli Vyverberg at jvyver berg@chicagobar.org.

foot was amputated due to gangrene. The patient inquired with several attor neys about filing a lawsuit, but all advised her that she had no case because of her discharge from the hospital against medi cal advice and failure to take prescribed antibiotics. However, the patient claimed the records were wrong, and she did take the prescribed medication. Unwilling to give up, she called the CBA’s Lawyer Referral Service. The case was referred to attorney Christopher Ford. After a thorough review of medi cal and pharmacy billing records, it was determined that the patient had, in fact, purchased the antibiotics the night she was discharged. “Antibiotics can only eradicate infec tion if the blood carrying the antibiotics and oxygen nutrition can make its way down to the toes. The pathology stud

ful, swollen big toe. The woman, a Type II diabetic who was also anemic, was given IV antibiotics for a toe infection and awaited a consult from an attending podiatrist. Instead of being seen by an attending podiatrist, however, she was seen by junior resident podiatrists. The patient checked herself out of the hospital against medical advice but with an understanding that it was an accept able alternative for her to return home with oral antibiotics. However, the medi cal records alleged the patient failed to pick up and take the oral antibiotics that were prescribed for her. The patient continued to see the Podi atry Service in the Cook County system for another three months, during which peripheral pulses to her foot went from palpable on physical exam, to palpable

The CBA’s Barristers Big Band hosted their 19th Annual benefit at the Union League Club. Last held in 2019, the Roaring 20s-themed event benefited the CBA musical ensembles including the CBA Symphony and the CBA Chorus, which provide classical musical programs for members of the Bar and the broader Chicago community.

12 July/August 2022

Celebrating 50 Years of CBA Membership T he CBA was proud to recognize 38 members who are marking 50 years of association member ship this year. CBA President E. Lynn Grayson hosted a luncheon for some of those members and their families to thank

them for their steadfast commitment and dedication to the legal profession and the CBA.

Pictured are: Top Row L to R: CBA 1st Vice President Timothy Tomasik, James N. Alexander, Paul F. Jock, Donald F. Peters, David L. Heald, Ned S. Robertson, AndrewR. Gelman,WalterW. Kurczewski, RichardW. Hillsberg, and CBA 2ndVice President John Sciaccotta. Seated L to R: CBA President E. Lynn Grayson, John B. McCabe, JudgeMartin P. Moltz, AnnM. Lousin, Jack A. Strellis, Robert R. Tepper, and CBA Secretary Kathryn Liss. Not pictured: Harold J. Bressler, Robert E. Burke, George T. Coleman, Daniel V. Considine, Walter P. Giblin, Ronald L. Jansen, James D. Johnson, Judge James L. Kaplan, Joel Kessler, Russell M. Kofoed, Aaron Levine, Donald A. Levy, Roger J. McFadden, John S. Meany, Terry F. Moritz, Judge James C. Murray, William M. Owen, Stephen J. Pokorny, John M. Russo, John F. Salmon, Stephen L. Schar, Bruce H. Schoumacher, Jerrold M. Shapiro, Edward I. Stein, and Seymour Zilberstein.

At Lawyers Lend-A-Hand to Youth’s Spring Awards Celebration, Justice Mary Schostok (center) presented Lindy and Patrick Salvi with the Abra ham Lincoln Marovitz Philanthropic Award. Proceeds from the evening support Lend-A-Hand Tutoring at the CBA, which provides free one-to-one tutoring toyouth fromChicago’s Engle wood community.

CBA RECORD 13

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No other legal association puts you in touch with so many attorneys and judges who live and practice in the Chicago area. Whether you are looking for expert advice in a specific legal area, practice area and court updates, a new client, mentor or future employer, you’ll find it through the CBA committee network. Join one of 130 legal specific committees today - no extra fee required and earn FREE Illinois MCLE credit!

Information, Experience, Recognition, Networking, Business Development–All at NO EXTRA COST and a Minimal Time Commitment.

Most in-person and live Webcast CBA and YLS committee meetings qualify for Illinois MCLE credit (the amount of credit depends on the length of the presentation).

The CBA will continue to offer virtual meetings via Zoom and will offer some in person meetings starting Fall 2022. Committee notices and the weekly eBulletin will provide details.

Current Committee Members: You will remain on your current committees unless you make changes at www.chicagobar.org/committees.

New Committee Members: Join at www.chicagobar.org/committtees.

Sponsorship Join today at www.chicagobar.org/committees.

2022-2023 CBA & YLS Committees What’s In It For You and Your Firm? Information, Experience, Recognition, Networking, Business Development– Free and a Minimal Time Commitment!

Attend In-person or Live or

FREE IL MCLE CREDIT

Archived Webcast

Increase your expertise and expand your professional contacts through participation in CBA and YLS Committees. Meet judges and lawyers who share your interests and concerns, hear a wide variety of expert speakers, help improve the law and administrative procedures which govern your practice area and receive important notice of legislative proposals, written materials and networking events. Over 130 committees meet on a monthly basis (Septem ber to June) during the noon hour at CBA Headquarters. There are no special requirements or extra “section” fees to participate in committees. Most CBA and YLS committee meetings qualify for Illinois MCLE credit (in-person or live Webcast attendance - average credit is 0.75 hour). All committee meetings are free, thus this is a great way to earn Illinois MCLE credit at no cost! Note: Meeting dates are subject to change - see weekly eBulletin email or www.chicagobar.org (under Committees) for topic, speaker, Webcast and MCLE credit information). Members can attend any committee meeting. Note, EOM designates: Every Other Month

CBA Practice Committees  Administrative Law (3rd Monday/EOM)  Adoption Law (2nd Tuesday)  Alternative Dispute Resolution (1st Thursday/EOM)  Animal Law (3rd Thursday/EOM)  Anti-Human Trafficking (As Called)  Antitrust Law (4th Wednesday/EOM)  Aviation Law (1st Wednesday)  Bankruptcy & Reorganization (3rd Wednesday/EOM)  Business Divorce and Complex Ownership (2nd Tuesday)  Business Transactions (1st Thursday/EOM)  Child/Juvenile Law (1st Thursday/EOM/3:00 PM)  Commercial Litigation (4th Wednesday/EOM)  Commercial Property Law (2nd Wednesday/ EOM/Subcommittee Assignments Vary)  Consumer Credit (1st Thursday/EOM)  Consumer Law (1st Thursday/EOM)  Criminal Law (2nd Wednesday)  Cyber Law & Data Privacy (3rd Tuesday/ EOM)  Domestic Relations (1st Wednesday/EOM/ Subcommittee Assignments Vary)  Elder & Disability Law (4th Monday/EOM)  Election Law (2nd Friday)  Employee Benefits (3rd Friday/EOM)  Energy, Telecommunications & Water (2nd Thursday/EOM)  Environmental Law (1st Tuesday/EOM)  Federal Civil Practice (1st Tuesday/EOM)  Federal Taxation (4th Tuesday/EOM/Division Assignments Vary)  Civil Practice (Last Friday)  Class Action (4th Thursday)  Commercial Finance & Transactions (3rd Wednesday/EOM)

Young Lawyers Section Committees Serving members in practice less than 10 years. YLS Committees meet every other month starting in October.  Bankruptcy (2nd Monday)  Business Law - Litigation (4th Wednesday)  Business Law - Transactions (4th Monday)  CBA Moot Court Competition (As Called)  Career Assistance (1st Wednesday)  Civil Rights (2nd Thursday)  Creative Arts (2nd Friday)  Criminal Law (2nd Tuesday)  Education Law (3rd Friday)  Environmental Law (1st Tuesday)  Estate Planning (1st Monday)  Family Law (1st Thursday)  Federal Tax (4th Tuesday)  Health & Hospital Law (3rd Tuesday)  In-House Counsel (1st Friday)  Intellectual Property Law (4th Friday)  Public Service/Wills for Heroes (As Called)  Public Service/Serving Our Seniors (As Called)  Real Estate Law (3rd Monday)  Social (As Called)  Tort Litigation (4th Thursday)  Women in the Law (3rd Thursday)  Labor & Employment Law (2nd Wednesday)  Law & Debate Club (1st Wednesday/5:30 p.m.)  Law Student (As Called)

CBA Service Committees  Alliance for Women (4th Tuesday)  Civics Committee (As Called)  Continuing Legal Education (As Called)  Creative Writing (As Called)  Diversity Inclusion Culture Equity & Engagement (DICE) (As Called)  Human Rights (2nd Friday/EOM)  Law & Literature (3rd Wednesday)  Law Practice Management & Technology (3rd Thursday)  Lawyer Referral Service (1st Monday/EOM)  Legal Aid (2nd Thursday)  Media Production (4th Wednesday)  Professional Fees (2nd & 4th Thursday)  Professional Responsibility (3rd Thursday/EOM)  Solo/Small Firm Practitioners (1st Tuesday)  Unauthorized Practice and Multidisciplinary Practice (2nd Monday/EOM)  Well-Being & Mindfulness (4th Thursday) CBA Special Committees  CBA Chorus (Wednesday Evenings)  CBA Record Editorial Board (1st Tuesday)  Entertainment/The Bar Show (As Called)  Finance (As Called)  In-Court Lawyer Referral (As Called/ 4:00 p.m.)  Judicial Evaluation (As Called)  Judicial Evaluation Appellate Review (As Called)  Legislative (2nd & 4th Monday)  Membership (As Called)  Past Presidents (As Called)  Public Affairs (4th Tuesday)  Symphony Orchestra (Wednesday Evenings)

 Financial and Emerging Tech (As Called)  Financial Institutions (2nd Wednesday)  Food & Beverage Law (3rd Monday/EOM)  Futures & Derivatives Law (3rd Wednesday)  Gaming Law (2nd Friday, Quarterly)  Health Law (3rd Tuesday/EOM)  Immigration & Nationality Law (3rd Thursday/ EOM)  Insurance Law (1st Wednesday)  Intellectual Property Law (4th Tuesday/EOM)  International & Foreign Law (2nd Tuesday)  Labor & Employment Law (2nd Wednesday/ EOM)  LGBTQA+ Committee (4th Wednesday)  Local Government (1st Wednesday)  Media & Entertainment (4th Monday/EOM)  Mental Health & Disability Law (1st Tuesday)  Modern Law Practice (As Called)  Municipal and Law (1st Wed./8:00 a.m. and 3rd Thursday/12:00 p.m./Off-site)  Probate Practice (3rd Tuesday)  Real Estate Taxation (1st Thursday)  Residential Property Law (2nd Wednesday/ EOM/Subcommittee Assignments Vary)  Regulatory & Compliance (4th Thursday/EOM)  Securities Law (3rd Thursday/EOM)  Social Security Law (3rd Thursday)  Sports Law (3rd Thursday/EOM)  State & Local Tax (3rd Wednesday, Quarterly)  Tort Litigation (2nd Wednesday)  Trade & Professional Associations Law (2nd Tuesday)  Trial Practice (3rd Tuesday/EOM)  Trust Law (2nd Monday)  Workers’ Compensation (1st Thursday/EOM)

Name_________________________________________________________ CBA Member Number ___________________________________________ Firm _________________________________________________________ Business Phone _______________________________________________ Address/Suite __________________________________________________ Fax Number __________________________________________________ City/State/Zip___________________________________________________ E-mail Address ________________________________________________ All members may serve on 4 Practice Committees, 4 YLS Committees and an unlimited number of Service Committees. For Special Committees, email areyes@ chicagobar.org stating your interest and background. Check the committees you wish to join and complete form. Mail to Awilda Reyes at 321 South Plymouth Court, Chicago, IL 60604 or email to areyes@chicagobar.org. Questions? Call 312-554-2134. You can also sign up online at www.chicagobar.org/committees.

6/30/2022

The Chicago Bar Association Young Lawyers Section 2022-2023 Leadership

Welcome!

Project Officer Brittany Kaplan K&L Gates

Directors: Sarah Chowdhury Illinois State Comptroller

Project Officer Aleksandra Petrovic Damisch & Damisch, Ltd. Secretary/Treasurer Kernisha Padilla Latham &Watkins

Andre Hunter Gordon & Rees

Kaitlin King Hart David Carson, LLP

Chair Daniel Berkowitz Office of the Illinois Attorney General First Vice-Chair Martin Gould Romanucci & Blandin, LLC Second Vice-Chair Kenneth Matuszewski Goldberg Segalla LLP Member Service Manager Gavin Phelps Phelps LLC Public Service Manager Maggie Mendenhall Casey City of Chicago Department of Law

Anthony Ivone Costa Ivone, LLC

Co-Editor in Chief YLS Journal Jacob Berger Tabet DiVito & Rothstein Co-Editor in Chief YLS Journal Theodore Kontopoulos FORVIS Co-Editor YLS Blog Alexandra Morelli Baker, Castro, Kuban & Steinbeck, LLC Co-Editor YLS Blog Brian Bentrup Pluymert, MacDonald, Hargrove & Lee, Ltd.

Allison Hostetler Whiting Law Group

Michael Kozlowski Esbrook Law P.C.

Ryan Nolan Nolan Law Group

Immediate Past Chair Tracy Brammeier Clifford Law Offices, P.C.

Get Involved! The Young Lawyers Section (YLS) offers great opportunities for professional growth, community service, and networking to its over 7,000 members. To learn more about the Section and how you can get involved, visit www.chicagobar.org/yls or find us on Facebook, LinkedIn, Twitter or Instagram.

CLE & MEMBER NEWS This past year has been quite challenging, but things are looking up. The CBA continues to be committed to helping you adjust to our new normal and keep on top of practice changes. We hope that over the past year you have felt more supported, connected, and knowledgeable because of your CBA membership through our free seminars, practice area committee meetings, virtual networking events, client communication tips, wellness resources, career/job search programs, and more. The CBA will continue to adapt to new realities andnewtechnologies toprovideyouwith relevant and timely resources as we all move forward. We are also now planning more in-person and hybrid events where we can gather in-person again Renewal Reminder: Don’t Let Your Membership Expire on August 31

to reconnect and support each other. Current CBA memberships officially expire on August 31, 2022 if dues are not received. If youhave not already done so, we encourage you to renewby this date at www.chicagobar.org/renew, or call 312 554-2020, ormail your renewal check to theCBA.We alsooffer a dues installment plan, $50financial hardshipdues, and$75 retiredmember dues to help our members retain their connections and savings benefits (email membership@chicagobar.orgwith your request).We appreciate your past membership and look forward to serving you in the coming year.

Committees Help You Learn from Experts, Expand Your Network, and Earn Free IL MCLE Credit: No Extra Section Fees

Over the summer, members are asked to review/update their com mittee assignments for the new bar year via the online committee sign up form at www.chicagobar.org/committees. If you wish to change your committee assignments, please take a moment to do so now. (Note: All committee members will remain on their current assignments unless they make changes to their committee record.) We invite members who are not currently serving on commit tees to become active this year. A complete description of all CBA and YLS committees, along with their meeting dates and new lead ership information, is available at www.chicagobar.org/commit tees. Most CBA and YLS noon hour committee meetings qualify for free IL MCLE credit. The amount of credit depends on the length of the presentation (average credit is 0.75 hours). Most committee meetings are webcast live so you can earn free credit without leav If you are not receiving regular emails from the CBA, please take a moment to update your member profile online, call 312-554-2000, or send an email to info@chicagobar.org including your name, phone, email address and CBA member number. Email is our pri mary way to communicate with you, and we don’t want you to miss out on important announcements including: • The CBA e-Bulletin every Thursday highlighting the coming week’s committee meetings and speakers noting free MCLE credit, plus upcoming seminars, networking events, and important news about the Association and new member ben efits and savings. Wanted: CBA Member Email Addresses

ing your office or home (only live webcasts count for credit, not archived meetings). Confirmation of committee assignments and 2022-23 meet ing date schedules will be emailed to all committee members in mid-August. Most committees will beginmeeting again in Septem ber. Contact Awilda Reyes at 312-554-2134 or areyes@chicagobar. org with any questions. Members listed on committee rosters will receive direct emails regardingmeetings, speakers, materials, legis lation, etc. However, you do not have to be listed on the committee roster to attend meetings: any member may attend any committee meeting. For a list of upcoming meetings, check the weekly CBA e-Bulletin every Thursday in your email or visit www.chicagobar. org/committees. • Timely notices of seminars, committee meetings and events related to your practice area • Practice-specific developments through Lexology emails • Networking, mentoring, and professional development events • Career resources, leadership opportunities, and other ways to enhance your resume • Tips on what to read, watch and listen to regarding the latest trends in the legal profession The CBA does not provide or sell member email addresses to outside entities.

New CBA Member Benefit: Clio Practice Management Software

Clio’s industry-leading, cloud-based legal practice management and client intake plus legal CRM software streamlines law firm operations, improves productivity, and enables legal professionals to increase their revenues from one central location. With power ful tools for client intake, case management, document manage ment, time tracking, invoicing, and online payments, Clio simplifies firm management so you can spend more time doing what you do

best—practicing law. Approved by more than 66 bar associations and legal societies, Clio provides industry-leading security, 24/5 customer support, and 200+ integrations with legal professionals’ favorite apps and platforms, including FastCase, Dropbox, Quick Books, and Google Apps. CBAmembers are eligible to receive a 10% discount on Clio products. Sign up today at www.clio.com/chibar and use the discount code CHIBAR or call 888-858-2546.

CBA RECORD 17

Chicago Bar Foundation Report

Expanding Access to Free & Affordable Legal Help: New National Study is a Call to Action By Bob Glaves, CBF Executive Director, and Emme Veenbass, CBF Manager of Development & Communications

ethnic minorities. Low-income Americans also are likely to experience a civil legal problem that substantially impacts them, underscored by the fact that 35% reported a problem that substantially impacted their financial situation in the last year. While low-income Americans only sought legal help 25% of the time for

to legal help, the report shows that their confidence that the systemwill give them a fair shake is starkly lower as well. It also underscores the urgent need to sig nificantly expand funding and support for pro bono and legal aid services and to prioritize efforts to improve access for the middle market.

T he Legal Services Corporation recently released the 2022 Justice Gap Study, the first comprehensive national report on the state of access to legal assistance in years. Along with its focus on low-income and disadvantaged Americans, the report for the first time looks at access for middle-income and higher-income Americans and shows just howmuch more work is needed to improve access for low and middle-income people. The report confirms that the great majority of everyday people go without legal help for their civil legal problems even when they identify these issues as having a substantial impact on their lives. The prob lem is most pronounced for low-income Americans, but the report confirms that the gap in access to legal help also extends well into the middle class. Along with the immediate problems people experience when they lack access

civil legal problems with a substantial impact on their household financial situa tion, half of them were still turned away by legal aid due to limited resources. These findings under score that the need for legal aid continues to far outpace current resources. Closing this gap requires substan tially increased funding for

Excerpt from 2022 Justice Gap Study.

LSC and other federal programs, as well as more state and local government fund ing. Although it is primarily a government responsibility to ensure equal access to jus tice, it is also our leadership responsibility as lawyers to do so, and we need to lead by example both in our pro bono and financial support and in making the advocacy case to our elected officials.

You can read the full Justice Gap report at justicegap.lsc.gov/the-report. Some of the key takeaways for those of us in the legal community include: Staggering Scale of Need More than 50 million Americans are eli gible for legal aid in our country today (including more than 15 million children), and they are disproportionately racial and

18 July/August 2022