CBA Record July-August 2025

July/August 2025 CBA

Judge Nichole C. Patton 2025-2026 CBA President

INSIDE... Meet CBA President Judge Nichole C. Patton Objectionable Objections in Civil Litigation: Three Big Ones, and Why They Don’t Work Best (and Maybe the Worst) Advice You Ever Received as a New Lawyer

CONTENTS

CBA RECORD

July/August 2025 • Volume 39, Number 4

4

Editor’s Briefcase

INSIDE THIS ISSUE

“Kid, You’ll Move Mountains!” by Nikki Marcotte

24

Meet CBA President Judge Nichole C. Patton By Daniel J. Berkowitz Objectionable Objections in Civil Litigation: Three Big Ones, and Why They Don’t Work By Richard Lee Stavins Best (and Maybe the Worst) Advice You Ever Received as a New Lawyer By Members of the CBA Record Editorial Board

6

President’s Page

One Leader. Two Institutions. A Unified Vision. by Judge Nichole C. Patton

30

8

CBA News

32

20 The Pulse

22 Chicago Bar

Foundation Report

THE YOUNG LAWYERS SECTION

44 LPMT Bits & Bytes

A CRM System Remembers, So You Don’t Have To by Kevin Thompson

34

Courage Gavin Phelps, YLS Chair

46 Practical Ethics

The Increasingly Elastic “Ban” on Fee Sharing with Nonlawyers by Trisha Rich

35

Meet Your New YLS Chair, Gavin Phelps By J. Kopczyk

36

One of These Statutes is Not Like the Others: The Seventh Circuit Holds that BIPA Does Not Fall within Insurance Coverage Exclusion By J. Kopczyk

48 Review of Reviews

50 Summary Judgments Wellness Reimagined

38

Engaging in “Human Practice” for Career Sustainability By Katherine Hanson

By Erin Clifford, JD, MA, LPC Reviewed by Meredith Geller

40

Young Lawyers Section Welcomes New Leadership at Annual Meeting By Ann Glynn, CBA Public Affairs Director

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, Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/o Membership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2025 by The Chicago Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. The opinions and positions stated in signed material 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.

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EDITORIAL BOARD EDITOR-IN-CHIEF Nikki Marcotte Kirkland & Ellis LLP ASSOCIATE EDITOR Anne Ellis 2E Services, LLC SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Dickinson Wright PLLC YLS JOURNAL EDITORS CBA RECORD

EDITOR’S BRIEFCASE

BY NIKKI MARCOTTE, EDITOR-IN-CHIEF

“Kid, You’ll Move Mountains!”

Joanna Kopczyk Attorney at Law

W hen I was a little kid, one of my favorite books was Oh, the Places You’ll Go! by Dr. Seuss. I didn’t know it at the time, but it was the last book he published during his lifetime. In a way, then, it’s somehow poetic that it was one of the first I learned to read. I remember loving it for how excited I felt when I could read it aloud to anyone who would listen. How the whimsical rhymes seemed to dance off my tongue and quixoti cally morph into musical notes as they hit my ears. How the pastel colors of the strange, peculiar worlds Dr. Seuss illustrated appeared

Katherine Hanson IIT Chicago-Kent College of Law

Daniel J. Berkowitz Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP Jacob B. Berger Tabet DiVito & Rothstein LLC Amy Cook Chicago Lawyers’ Committee for Civil Rights Anthony F. Fata Kirby McInerney LLP Clifford Gately Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Kaitlin King Hart David Carson LLP Theodore Kontopoulos Internal Revenue Service Kathryn C. Liss DePaul University College of Law Clare McMahon Reed, Centracchio & Associates, LLC Pamela Sakowicz Menaker Quarles & Brady Meredith A. Geller Northwestern Pritzker School of Law

to jump off each page and right into the room where I sat clumsily thumbing through them. How the narrator seemed to grab my hand and take me on a wild journey to places I could only literally dream of—I was, after all, a relatively poor kid growing up in a small, rural town in middle-of-nowhere Kansas. What I learned as I got older was that Oh, the Places You’ll Go! was so much more than a playful escape from reality. At its core, it’s a how-to guide for navigating life’s ups and downs while helping young readers develop a strong sense of self and resilience along the way. The story starts out with the narrator encouraging the unnamed protagonist (the reader) to leave the town where they grew up. On each page, the narrator leads the reader to a new and exciting place, filled with awe and uncertainty—slowly building up the reader’s confidence to explore new things. The two eventually encounter The Waiting Place, which is ominously referred to as a place filled with doubt and apprehension, where everyone is always waiting for something to happen instead of making it happen. For a brief moment, the protagonist is unsure of what to do or how to move past it. But with the narrator’s gentle encouragement, the reader moves through The Waiting Place and is once again “off to Great Places!” While there are other bumps along the way, the story ends with a hopeful message as the narra tor sends the protagonist off on their own and into the world: You’ll get mixed up of course, as you already know. You’ll get mixed up with many strange birds as you go. So be sure when you step, step with care and great tact. And remember that life’s A Great Balancing Act. And will you succeed? Yes! You will, indeed! (98 and ¾ percent guaranteed.) KID, YOU’LL MOVE MOUNTAINS! As someone who grew up with very little means, who struggled to fit in, and who secretly navigated being queer and gender nonconforming in a rural, conservative Mid western town, I can say I’ve spent more than a day or two in The Waiting Place. But as

Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Trisha M. Rich Holland & Knight LLP Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Buchalter Kevin A. Thompson Levin Ginsburg 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 2025

I’ve gone through life’s ups and downs, I’ve always made it a point to remind myself of Dr. Seuss’s simple life lessons: keep pushing forward even if it feels hard, never stop trying new things, and encourage and support those around you—particularly those you encounter in The Waiting Place—wherever you can. In many ways, we as legal professionals could stand to apply these lessons more in our everyday practice, especially as we face new threats to democracy and to our justice system. Keep push ing forward and moving mountains; stand up for what is right; and fight against injustice, even if it seems bleak or impossible. Never stop learning or trying out new and inventive ways to defend the rule of law and to advocate for those without a voice. Always be the person that others—especially those who are marginalized and who are stuck in their own Waiting Place—can turn to for help without question or fear of judgment. Our pro fession needs courage, resilience, and community now more than ever. Will you answer the call?

As I close my first Editor’s Briefcase, I want to thank Justice Michael B. Hyman for his years of unwavering service to the CBA Record and the Editorial Board. He inspires these principles in countless others and embodies every one of them, both in his practice and in life. I am honored that he asked me to carry the torch into a new era. I hope to continue his mission to create a space where diverse viewpoints are always welcomed and where legal professionals from all walks of life can come to find com munity and encourage each other to be the best versions of them selves they can be. I am excited for what is to come, and I hope you’ll join me to see what Great Places the Record will go to next.

Nikki Marcotte is an associate at Kirkland & Ellis LLP, where they focus their practice primarily on complex commercial litigation and government investigations.

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CBA RECORD 5

PRESIDENT’S PAGE BY JUDGE NICHOLE C. PATTON One Leader. Two Institutions. A Unified Vision Bringing Visionary Leadership to The Chicago Bar Association and Perspective from the Circuit Court

The Chicago Bar Association www.chicagobar.org President Judge Nichole C. Patton First Vice President Trisha M. Rich Second Vice President Kathryn C. Liss Secretary Andrew W. Vail Treasurer Jonathan B. Amarilio Immediate Past President John C. Sciaccotta Executive Director Beth McMeen BOARD OF MANAGERS John C. Ellis Kevin Gerow Martin D. Gould Judge Kenya A. Jenkins-Wright Michael S. Kozlowski Francine D. Lynch Sari W. Montgomery Judge Thomas A. Morrissey Ryan M. Nolan Brandon E. Peck Justice Rena Marie Van Tine Judge Andrea R. Wood Daniel J. Berkowitz James V. Campell Elizabeth Carpenter Steven R. Decker Nishá N. Dotson

but what we can become—together. My presidency will focus on three core pillars: innovation, inclusion, and integrity . These are not just values. They are action points for a new era of leadership.

Innovation: Preparing for the Future of Law

We stand at the forefront of a techno logical revolution, and the legal profession cannot afford to lag. Artificial intelligence is already transforming how we litigate, conduct discovery, perform research, and interact with clients. These changes are no longer theoretical. They are real, they are rapid, and they are here. To meet this moment, I am proud to launch our signature initiative: AI 2035: The Legal Profession and the Judiciary in the Age of Artificial Intelligence. This initia tive will bring together 10 interdisciplinary committees—each co-chaired by a judge and an attorney—to examine AI’s impact on billing practices, access to justice, judi cial reasoning, corporate client demands, and more. Their work will culminate in a three-day symposium in May 2026. This effort will position the CBA as a national thought leader on AI and the law. Innovation also means evolving in how we serve our members. We will modern ize programming, expand hybrid offerings, and create even more opportunities for col laboration between the bar and the bench. Innovation is not just about tools. It’s about mindset, and we are ready to embrace it.

I t is the honor of a lifetime to serve as President of The Chicago Bar Associa tion. As I begin this bar year, I am filled with a profound sense of purpose—not just because of the office I hold, but because of the moment we are in. The legal profes sion is evolving. Our courts are facing new challenges. And our members—whether new attorneys, seasoned practitioners, or members of the judiciary—are asking what the future of law will look like and whether our institutions are prepared to meet that future with strength and clarity. Let me assure you: we are not only pre pared, we are ready to lead. This year, I bring to the CBA both the lens of a bar leader and the perspective of a sitting judge. It’s a dual vantage point that allows me to see not just what we are,

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Inclusion: Uniting the Legal Community As a sitting judge, I bring a unique perspective to bar leadership. I understand the power of collaboration between the bench and the bar and the importance of ensuring that every voice is heard and valued. My goal is to deepen that relationship, encouraging greater judicial participation while opening new doors for attor neys across every sector of our profession. This year, we will formally launch the Coalition of Chicago land Bar Associations, a new alliance of more than 20 affinity and regional bar groups working together to defend the rule of law, support judicial independence, and strengthen legal institutions. We will also focus on uplifting the next generation of legal leaders. From expanding scholarship efforts to strengthening our mentoring pipeline, we are committed to helping law students and younger attorneys not just succeed but thrive. Inclusion is about more than access. It’s about empowerment. Integrity: Honoring Our Role in Society Public trust in the legal system is not guaranteed. It is earned. And now more than ever, the CBA must lead with clarity, consis tency, and character. This year, we will reaffirm our commitment to ethical leader

ship, judicial independence, and the core principles that bind us as officers of the court. We will also make attorney and judicial wellness a priority—with programs that focus on mental health, peer support, and professional sustainability. The legal profession cannot function at its best if its members are overburdened, isolated, or disconnected. Ours is a bar asso ciation that sees its members as people—not just as lawyers or judges. And we are here for them. Looking Ahead When I reflect on my journey—from growing up on the South Side of Chicago, to law school, to private practice, to the bench— I know that every step mattered. Every lesson, every obstacle, every moment of growth prepared me for this one. And I do not take it lightly. The CBA is more than an organization. It is a living, breathing community. A force for good. A platform for progress. And this year, we will harness its full power—not just for ourselves, but for the profession, the public, and the generations to come. Let’s make this a year of bold ideas, genuine connection, and forward motion. I’m honored to serve. I’m ready to lead. And I am excited about what we will build—together.

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CBA RECORD 7

CBA NEWS

CBA Welcomes 2025-2026 Bar Year at Annual Meeting By Ann Glynn, CBA Public Affairs Director

The event featured opening remarks from Sciaccotta, recognition for outgoing officers and board members, reports from the CBA Treasurer and Election Commit tee, and introductions of new officers and board members. Judge Patton shared that her presi dency will focus on three core pillars: innovation, inclusion, and integrity. Acknowledging the critical importance of artificial intelligence for the bench and the bar, she announced a signature initia tive, “AI 2035: The legal Profession and the Judiciary in the Age of Artificial Intel ligence.” The initiative’s committees will examine AI’s impact on billing practices, access to justice, judicial reasoning, cor porate client demands, and more. Members of the 2025-2026 Board of Managers were also introduced. They include Daniel J. Berkowitz, James V. Campbell, Elizabeth Carpenter, Steven R. Decker, Nishá N. Dotson, John C. Ellis, Kevin Gerow, Martin D. Gould, Noah J. Graf, Judge Kenya A. Jenkins-Wright, Michael Kozlowski, Francine D. Lynch, Sari W. Montgomery, Judge Thomas A. Morrissey, Ryan M. Nolan, Brandon E. Peck, Justice Rena Marie Van Tine, and Judge Andrea R. Wood. Before her closing remarks, Judge Patton honored Sciaccotta with the CBA Rule of Law Recognition Award in honor of his exceptional commitment to the rule of law and his dedication to uphold ing and safeguarding values such as equal ity under the law, transparency of law, an independent judiciary, and accessible legal remedies.

O utgoing 2024-2025 President John C. Sciaccotta passed the gavel of leadership to the CBA’s new President, Judge Nichole C. Patton, at the 152nd annual meeting in June at the Union Club of Chicago. The meeting highlighted the past year’s accomplishments, welcomed a new group of officers, and looked ahead to the new bar year. A new slate of officers joined Judge Patton, including First Vice President Trisha M. Rich, Partner, Holland & Knight; Second Vice President Kathryn C. Liss, Executive Director, Schiller DuCanto and Fleck Family Law Center, DePaul University College of Law; Secretary Andrew W. Vail, Jenner & Block; and Treasurer Jonathan Amarilio, Partner, Taft Stettinius & Hollister. Illinois Supreme Justice Joy V. Cunningham administers the oath of office to 2025-2026 CBA President Judge Nichole C. Patton.

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CBA RECORD 9

2025 Vanguard Awards Recognize Trailblazers in the Legal Community By Ann Glynn, CBA Public Affairs Director

of Chicago; Howard H. Ankin, Decalogue Society of Lawyers; Judge Aileen Bhan dari, Filipino American Lawyers Associa tion; Chief Judge Jacqueline P. Cox, Black Women Lawyers’ Association of Greater Chicago, Inc.; Judge Thomas More Don nelly, Catholic Lawyers Guild of Chicago; Hilda Frontany, Puerto Rican Bar Asso ciation; Thomas G. Massouras, Hellenic Bar Association of Illinois; Leena Odeh, Muslim Bar Association of Chicago; Judge Linda J. Pauel, LAGBAC – Chica go’s LGBTQ+ Bar Association; L. Steven Rakowski, Advocates Society; Judge Mary Colleen Roberts (ret.), Women’s Bar Association of Illinois; Larry Rogers, Jr., Cook County Bar Association; Frank A. Sommario, Justinian Society of Lawyers; Homero Tristan, Hispanic Lawyers Asso ciation of Illinois; Alan K. Tse, Chinese American Bar Association of Greater Chi cago; Nura Yanaki, Arab American Bar Association of Illinois; and Theodore Yi, Asian American Bar Association. The CBA’s honoree, Ray J. Koenig III, is a member of Clark Hill’s Litiga tion and Tax & Estate Planning group. He also serves as Co-Chair of the firm’s Global Litigation Practice, as Co-Chair of the firm’s PRIDE Committee, and as an elected member of the firm’s Executive Committee. A frequent author and lecturer, Koenig is an active member and past member of many legal and social service orga nizations, including the City of Chi cago Commission on Human Relations, Equality Illinois PAC, the Lambda Legal Education and Defense Fund, and the Heartland Alliance for Human Needs and Human Rights. He is a Fellow of the American College of Trust and Estate Counsel and a member of the Board of Directors at the Illinois Institute for Con tinuing Legal Education.

Pictured from left, front row: Alan K. Tse, Nura Yanaki, Frank A. Sommario, Judge Aileen Bhandari, Hilda Frontany, Leena Odeh, and Chief Judge Jacqueline P. Cox. Middle row: Dominique H. Rogers (accepting for his father, Larry R. Rogers, Jr.); Howard H. Ankin; Amrith Kaur Aakre; Ray J. Koenig III; Judge Mary Colleen Roberts (ret.); Thomas G. Massouras; Judge Linda J. Pauel; and Judge Thomas More Donnelly. Top row: L. Steven Rakowski, Homero Tristan, Theodore Yi, and CBA President John C. Sciaccotta.

T he CBA, along with 17 other local bar associations, presents the Van guard Awards annually to honor changemakers who are leading the way to promote professionalism and diversity across the legal community. This year’s ceremony was held at the Union League Club of Chicago. “The CBA is immensely proud to rec

ognize 2023-2024 CBA President Ray J. Koenig III, a staunch advocate for inclu sion in the legal profession, along with all the distinguished award recipients lead ing change in our community and our profession,” said CBA President John C. Sciaccotta. Other recipients included: Amrith Kaur Aakre, South Asian Bar Association

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Interested in being a part of the 2026 Class? Send an email to jbyrne@chicagobar.org.

CBA RECORD 11

AI ON TRIAL: Committee Seminar Spotlight By Alexander I. Passo

A recent CBA Trial Practice Com mittee seminar addressed the use of artificial intelligence in the practice of law. Panelists included practi tioners, a judge, and the Chief Counsel of the Illinois Supreme Court Commission on Professionalism. They shared insight based on their research as part of a task force investigating AI on behalf of the Illi nois Supreme Court. The presenters emphasized that AI can be used within legal practice today—as set forth in the policy issued by the Illinois Supreme Court—to aid in and improve upon the services rendered to clients. All presenters believe that AI is useful, will continue to improve as time progresses, and will be a ubiquitous part of the prac tice of law in the future. But there are caveats. AI is not perfect now and should not be solely relied upon in generating attorney work product, reasoning, or analysis. This is where the well-published blunders of “hallucinated” citations have occurred from attorneys submitting briefs with nonexistent case law. The current analogy for AI is essen tially to consider AI work product to be similar to that of a first draft from a law clerk or junior associate: it is useful as a starting point but will require a consider able amount of review and editing. Highlights 1. Courts checking AI: Some courts, like the 7th Circuit, have signed con tracts with companies that provide AI

tools. While it’s not confirmed that judges or their staff are using these tools to review briefs, it’s reasonable to think they might use them to check whether cases are cited correctly or to spot better arguments. Westlaw and Lexis, as well as other legal software vendors, offer add-on AI capabilities that offer this function. 2. Ethics concerns: There is a concern about attorneys’ ethical duties to clients because AI “learns” through access to collective work product and data. Thus, private client information could be com promised by using AI. But there are functions on the services that can limit the “share-ability” of confidential infor mation. 3. AI’s use of attorney databases: Attor neys can upload their own database of documents and/or information and restrict AI’s ability to use or “learn” from it. This can be particularly useful for first drafts of form pleadings, briefs, orders, letters, and discovery. For example, an attorney could prompt AI to “draft a first set of requests for production for Asminov v. Robot, with our trucking forms,” and receive a first draft almost instantly and then revise as needed. AI has this capabil ity to some extent now. 4. Mass data review: While AI has been used for document review for some time, it can be expensive. General market AI services like Chat GPT are not in a posi tion to replace legal AI software based on proprietary legal databases at this point.

But they can be used to wade through large amounts of language to identify documents or findings that could be useful. For example, an attorney can upload an expert’s deposition and ask AI to identify the pages and lines where an expert testified on certain subjects or made statements. It will then pump out those citations very quickly. This could prove useful at trial for cross-examination on the fly, when abstracts are not handy. The future is here. Will it replace us? Not at this moment. Can it be used as another arrow in our quiver? Most cer tainly so. Panelists included Judge Michael J. Chmiel, Circuit Judge, McHenry County; George S. Bellas, Bellas and Wachowski; and Mark C. Palmer, Chief Counsel, Illi nois Supreme Court Commission on Pro fessionalism. It was moderated by James Campbell of Maune, Raichle, Hartley, French & Mudd, LLC. An on-demand version of “AI on Trial” is available at Learn.ChicagoBar.org. If you are interested in joining the CBA Trial Practice Committee, sign up at www. chicagobar.org (under Committees tab) or email Meredith Loehr at mloeher@ chicagobar.org.

Alexander I. Passo is a partner at Latimer LeVay Fyock LLC and a member of The CBA Record Editorial Board.

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12 July/August 2025

CLE & MEMBER NEWS

Membership Renewal Reminder: Don’t Let Your Membership Expire on August 31

More than ever, the CBA remains committed to helping you navigate change in practice areas, adapt to new realities, and foster connec tions with your peers. Through collaboration, knowledge-sharing, and advocacy, we are committed to serving our members. We hope that over the last year you have felt more supported, connected, and knowledgeable because of your CBA community. Your current membership will officially expire on August 31, 2025, if dues are not received. If you have not already done so, we encourage

you to renew by this date. You can renew online at www.chicagobar. org/renew, by calling 312-554-2020, or by mailing your renewal check to the CBA. We also offer a dues installment plan and $75 retiree dues to help our members keep their connections, benefits, and savings (email membership@chicagobar.org with your request). We appreciate your past membership and look forward to serving you in the coming bar year.

Have You Updated Your CBA and YLS Practice Area Committees Lately?

All members are asked to review/change their committee selec tions for the new bar year via the online committee sign-up form at www.chicagobar.org. Members will retain their current assignments unless they make changes to their committee record. We invite members who are not currently serving on committees to get active this year. A complete description of all CBA and YLS committees, along with their meeting dates and new leadership information, is available at www.chicagobar.org. Most commit tee meetings qualify for free Illinois MCLE credit. The amount of credit depends on the length of the presentation (average credit is 0.75 hours); information is available online. Plus, CBA members can attend committee meetings for free (a great way to earn MCLE

credits at no cost)! Confirmation of committee assignments and 2025-2026 meeting date schedules will be emailed to all committee members in mid August. Most committees will begin meeting again in September. Email CBA Committee Coordinator Meredith Loehr at mloehr@chica gobar.org with any questions. (Note: Members listed on committee rosters will receive direct emails regarding committee meetings, speakers, handout materials, legislation, etc. However, you do not have to be listed on the committee roster to attend its meetings. Any member may attend any committee meeting.) Check the weekly CBA e-Bulletin, which is emailed to all members every Thursday, or visit learn.chicagobar.org for a current list of meetings.

Wanted: CBA Member Email Addresses

If you are not receiving regular emails from the CBA, please take a moment to update your member profile online or send an email to chicagobar@chicagobar.org including your name, phone, email address and CBA member number. Email is our primary way to com municate with you, and we don’t want you to miss out on important announcements, including: • The CBA e-Bulletin every Thursday, with highlights of the follow ing week’s committee meetings and speakers, plus upcoming seminars, networking events, and important news about the Association and new member benefits and savings.

• 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.

(Please note, the CBA does not provide or sell member email addresses to outside entities.)

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CBA RECORD 13

CBA Members Make Memories and Enjoy History in Sicily By Daniel Cotter, CBA Past President and CBA Record Editorial Board Member

“Sicilians build things like they will live forever and eat like they will die tomorrow.” —Plato

T ake 100 CBA members and their guests, add CBA Presi dent John C. Sciaccotta, whose family roots are in Sicily, and get them over to Palermo—and the rest is history, legal education, and camaraderie. The first full day of CLE activities included educational panels discussing the major differences between the United States and Italy in trial procedure and alternative dispute resolution. After the seminars, attendees embarked on a guided tour of Palermo and enjoyed dinner. Day two brought more legal education for the lawyers, includ ing a panel on prosecution of the Sicilian Mafia moderated by Judge Thomas Donnelly. Attendees then visited a courthouse

museum dedicated to two judges who were assassinated by the Mafia. In the afternoon the group journeyed to Monreale, a town steeped in history and the birthplace of attendee and former ISBA President Umberto Davi. The evening was capped with a dinner, where the lawyers and judges in the group also reaffirmed their attorney oaths in observance of Law Day. Most of the original group continued their travels to Taormina and were able to see more incredible locations and experience Sicilian history, food, and culture. The next CBA CLE Trip Abroad will visit Greece in Spring 2026. Stay tuned for details in the Fall or send an email to CLE Director Jennifer Byrne at jbyrne@chicagobar.org.

14 July/August 2025

THE CHICAGO BAR ASSOCIATION Summer Boat Cruise

6:30-9:30 PM ANITA DEE | DUSABLE HARBOR AUGUST 13, 2025

$75 PER PERSON INCLUDES OPEN BAR AND APPETIZERS RESERVE AT WWW.CHICAGOBAR.ORG/BOAT

Gorman Law Firm

CBA RECORD 15

Lawyers in the Classroom: A Key to Civic Growth and Student Voice

By Tiffani M. Watson, M.Ed., Managing Director, CBA Lawyers in the Classroom program A t age 5, Justice Jesse G. Reyes dreamed of becoming a lawyer. Raised in a South Side Chicago

At Goudy, students asked questions in both English and Spanish, reflecting the vibrancy of their school community. One student asked, “Have you ever been persuaded for a reason or another?” Reyes responded, “My decisions are based solely on facts and evidence,” modeling the integrity at the heart of judicial service. At Thorpe, students leaned in as he spoke about self-determination and ser vice. “I became a lawyer because lawyers speak for those who can’t speak for them selves,” he said. Expanding Students’ Aspirations LIC, a program under the auspices of the CBA but sustained through independent funding, brings hundreds of volunteer attorneys into 60 public schools across the city each year. The attorneys intro duce students to the U.S. Constitution, the Bill of Rights, and their roles as active, informed citizens through interactive les sons. For many students, it’s the first time they’ve met a lawyer—an experience that can shift their perspective and expand their aspirations. Justice Reyes believes every student deserves that experience. “When students meet lawyers who look like them or share their stories, it opens up a world of possibility,” he said. “This program helps them believe in themselves and in what they can achieve.” Through Lawyers in the Classroom, the legal community plays a vital role in nurturing civic identity, building respect, and empowering students to participate in our democracy with confidence. To support Lawyers in the Classroom, visit https//givebutter.com/cba_lic_official or contact Tiffani M. Watson, M.Ed. at twatson@chicagobar.org.

neighborhood by a hardworking immi grant father, Reyes grew up in a modest, working-class household. Though he had few direct role models in the legal field, his passion for reading and fascination with historical figures such as Abraham Lincoln helped chart his path. “I realized many of the founding fathers were lawyers, and they helped build our country,” Reyes said. “I felt most con nected to Lincoln. I saw myself in him.” Today, that dream has become reality. Justice Reyes now serves on the Illinois First District Appellate Court—the first Latino elected to that position. And he remains deeply committed to helping the next generation see themselves in the law and beyond. That’s why he proudly sup ports the Lawyers in the Classroom (LIC) and urges attorneys across Chicago to get involved. “This program is so worthwhile,” Reyes said. “It helps students understand that they have a voice—and more importantly, it helps them understand the Constitu tion and how they can become productive members of society.” Law Week Lessons During this year’s Law Week, Justice Reyes participated in LIC visits at William C. Goudy School and O.A. Thorpe Scholas tic Academy—two Chicago Public Schools where he connected with 7th and 8th grade students through the program’s signature lesson, “A Visitor from Outer Space.” The imaginative civics activity chal lenged students to examine the Bill of Rights and decide which five freedoms they would defend when explaining

Justice Jesse G. Reyes visiting a Chicago school with Lawyers in the Classroom.

democracy to an alien visitor. But beyond the lesson, Reyes’ presence offered some thing far more powerful: representation, encouragement, and belief in students’ potential. “I didn’t have many people pushing me to become a lawyer or judge,” Reyes shared. “But I believed in myself—and I kept going.” He now brings that same message into classrooms, encouraging students to pursue their dreams and recognize their agency. “The Constitution isn’t just a document—it’s a living guide to justice, rights, and shared responsibility,” he told them. Reyes believes civic education helps students grow not only intellectually, but socially and emotionally. “Learning about the rule of law helps students respect not only the law, but also themselves and others,” he said. “It teaches them how to work together, listen, think critically, and engage with society in meaningful ways.”

16 July/August 2025

Young Lawyers Section Bestows Annual Liberty Bell Award by Ann Glynn, CBA Public Affairs Director

The Liberty Bell Award recognizes a nonlawyer who works within the legal system to advocate for the disadvantaged and help increase access to the justice system for people who need it most. Sossa has dedicated over 35 years to empowering low-wage workers through community education and legal aid. As CEO of FLAP, she has strengthened justice by helping workers assert their rights, fostering employer compliance with laws, and facilitating the effective functioning of the legal system. Her extensive collab orations with consulates and organizations have expanded access to justice for countless people. Her career has been marked by a relentless pursuit of justice and empowerment for immigrants and low-wage workers. Her background includes significant com munity outreach and dedication to initiatives across Illinois and beyond. For example, during the Covid-19 pandemic, her leader ship of FLAP was instrumental in securing more than $2.4 mil lion in financial assistance to very low-wage individuals in Illinois, benefiting more than 26,000 family members. Royal F. Berg, Law Offices of Royal F. Berg, said, “Alexandra exemplifies the spirit of the Liberty Bell Award through her dedi cation to improving access to our legal system and empowering low-wage workers.” Jose Rivera of Cullen Haskins Nicholson & Menchetti, P.C., added, “Her strategic leadership at FLAP has not only helped attorneys accomplish legal outcomes for numer ous workers but has also advanced educational initiatives that empower low-wage workers to navigate and utilize the legal system effectively.”

Alexandra Sossa and 2024-25 YLS Chair Kenneth Matuszewski

T he Young Lawyers Section presented the CBA’s Liberty Bell Award to Alexandra Sossa at the Law Day Celebration. Sossa is the Chief Executive Officer of the Farmworkers and Landscapers Advocacy Project (FLAP) and a dedicated advocate for the rights and welfare of low-wage workers in Illinois.

YLS and Lawyers in the Classroom Fundraiser

The Young Lawyers Section held their annual fundraiser in support of Lawyers in the Classroom. “A Four-Star Night” raised over $18,000 for the program. Pictured from left: Stephanie Moon, YLS Recruitment Officer, Armstrong Teasdale LLP; Blake Kolesa, YLS Director, Riley Safer Holmes & Cancila LLP; Patty McCarthy, Attorney at Law; Jacob Berger, YLS Philanthropy Officer, Tabet DiVito & Rothstein LLC; Kenneth Matuszewski, YLS Chair, Rozier Hardt McDonough; Tiffani Watson, Managing Director, Lawyers in the Classroom; Joshua Boggioni, Lawyers in the Classroom Board Member, BatesCarey LLP; and Deepa Singh, YLS Program Officer, U.S. Patent and Trademark Office.

CBA RECORD 17

Pictured from left: Judge Jasmine V. Hernandez, Judge Loveleen Ahuja, Justice David Navarro, Justice Rena Van Tine, Justice Sanjay Tailor, and Judge Thomas Morrissey. Appeals, Advocacy, and Engagement: A Conversation with Illinois Appellate Justices By Chris Fuller, Judicial Law Clerk to Presiding Judge E. Kenneth Wright, Jr., First Municipal District, Circuit Court of Cook County

T he CBA Municipal and the Law Committee recently gath ered to hear Justices David Navarro, Rena Van Tine, and Sanjay Tailor of the First District Appellate Court of Illinois speak about appeal issues for attorneys and judges. Cook County Associate Judge and Committee Vice-Chair Jasmine V. Hernandez moderated the discussion. Topics discussed included the organiza tion and procedures of the First District Appellate Court, the dif ferences between being a trial judge and an appellate justice, factors to consider when deciding whether to file an appeal, standards of review, and best practices for arguing before the Appellate Court. In keeping with the fact that all panelists have served as presiding judges at the trial court level, the discussion began by focusing on what they considered some of the less obvious differences between the Appellate Court and trial courts. “You’re the decider in the trial court,” Justice Tailor said. “In the Appellate Court, there’s an art to the process of deciding a case among three people.” Justices Van Tine and Navarro discussed the solitary nature of being a trial court judge—hearing witnesses and judging their credibility, weighing evidence, and researching the issues all on their own—versus the appellate court’s collaborative, consensus based process of deciding a case. Differences Between Being a Trial Judge and an Appellate Justice

Factors to Consider before Filing an Appeal Asked when an attorney should consider filing an appeal, Jus tice Tailor stated that an attorney’s first consideration should be whether they should file an appeal because, depending on the issue, an appellate court may not have much latitude to disturb a trial court’s finding or decision. This point led Justices Tailor and Van Tine to describe the different standards of review they apply and to highlight how attorneys should consider the stan dards of review when evaluating the issues in cases they want to appeal. “The more issues you can identify that are subject to de novo review, the better the chances are that you might prevail on your appeal,” Justice Tailor said. Since the justices evaluate legal questions parties raise on appeal without having to defer to the trial court’s analysis of those issues, the litigants and their attorneys have their fullest oppor tunity to convince the justices of their argument. On the other hand, Justice Van Tine noted that raising issues where an appel late court has to review the findings and decisions for an abuse of discretion, for being against the manifest weight of the evidence, or for being clearly erroneous, can be much more difficult. With these types of issues, even if the justices find the appellant’s argu ments persuasive, they still must defer to the trial court’s find ings or judgment, significantly lessening the probability that the appeal can be successful.

18 July/August 2025

Organization and Procedure The justices emphasized the importance of trial attorneys and judges maintaining a thorough record of their cases if a case is appealed. “If you think a hearing is going to be contested, then get a court reporter,” Justice Navarro said. “If you think there’s an issue, make an objection at that time. It’s difficult to overcome waiver of the issue by just stating, ‘the court erred.’” Similarly, Justice Navarro explained that if a trial judge thinks an order or decision might be appealable, then it’s important for the judge to lay out the reasoning in their orders. The justices also commented on the use of bystander reports in lieu of court reporters. They agreed that the reports are useful as summaries of the evidence presented in the trial court, but they noted that it is most helpful on appeal to have a full record of the reasoning behind the decisions that were made in the trial court and the arguments that were pertinent to those decisions. Next, the panelists discussed the factors the justices consider in deciding to publish a written opinion. Supreme Court Rule 23 states that opinions should be issued where a majority of a panel determines that a decision will create, change, criticize, or explain a rule of law or deal with a conflict of authority among the Appel late Court districts. Justice Tailor noted that justices may have different beliefs about when a decision meets these criteria and must consider several issues. “Are the issues or facts novel? Is the opinion adding to the body of law? Was the advocacy not the best?” A dissenting or concurring opinion may make a case par ticularly ripe for publication. Best Practices for Arguing before the Court The justices discussed the proper aim and effectiveness of advo cates’ arguments and briefs, as well as the importance of accurate citations. A fatal flaw they see repeatedly in appellate briefs is avoiding arguments and cases that go against the litigants’ pre ferred outcomes. “You have to reckon with your most difficult points,” Justice Tailor said. “Don’t do the obfuscations and dis tractions. And that might require conceding something.” Justice Van Tine hammered home the point: “Distinguish the cases that go against your argument—don’t leave it out there hoping that it won’t be discovered,” because the justices will find those cases.

The justices agreed that it is important to turn to logic and rea soning, if there aren’t any cases to cite to that are on point. Justice Van Tine remarked on the increasing number of briefs that the Appellate Court is seeing that are drafted in part or in whole by AI engines and chatbots. She noted that while the Court is mainly receiving these briefs from pro se litigants, the halluci natory citations in some of them seriously degrade the effective ness of the briefs and require the justices and opposing parties to spend a lot of time and effort combing through the citations to assure their veracity. Broader Issues Asked about how to balance a saturated work life with staying active in the legal community more broadly, the justices sympa thized with the difficulty of making time to stay involved. “You’re busy; it’s a hard sell to your partner that you’ve been gone all day and now you’re going to a reception,” Justice Navarro said. On the other hand, “You don’t want to hide your light under a bushel.” The justices agreed that being involved in bar associa tions and the community at large can help lawyers advance their careers, create lasting friendships, and help shape the profession now and in the years to come. Justice Navarro shared that being a member of several bar associations and interacting with lawyers in different practice areas made him a better attorney. Justice Van Tine explained that bar associations can be “sources of friendship, support, and giving back,” noting that working closely with other attorneys on com mittees can create more meaningful friendships after spending a lot of time focusing on tough issues. Justice Tailor commented that lawyers and judges who participate in their local and state wide legal communities act as “stewards of the law and the justice system ensuring that the justice system remains strong and the constitutional democracy survives and continues.” The CBA’s Municipal and Law Committee meets in-person at the Daley Center. It is co-chaired by Judge Thomas Morrissey and Judge James McGing; Judge Jasmine Hernandez and Judge Joseph Panarese serve as vice-chairs. To join the committee, visit www.chicagobar.org.

The CBA Anti-Human Trafficking and Human Rights Committees recently co-sponsored a new CLE, “Disrupting the Trade: A Legal Summit on Human Trafficking Prevention.” Pictured from left: Elly Moheb, Assistant U.S. Attorney, Northern District of Illinois; Holly Kremin, Supervisor, Human Trafficking Unit; Cook County State’s Attorney’s Office; Elisa Munoz LSW, Human Trafficking Victim Witness Coordinator, Cook County State’s Attorney’s Office Human Trafficking Unit; Robert Fioretti, Vice Chair, CBA Committee on Anti-Human Trafficking; and Naderh Elrabadi, Chair, CBA Committee on Anti-Human Trafficking.

CBA RECORD 19