CBA Record March-April 2020
MARCH/APRIL 2020 CBA
Special Young Lawyers Section Issue: The Balanced Lawyer
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CBA RECORD CONTENTS
March/April 2020 • Volume 34, Number 2
6 Editor’s Briefcase
The Chicago Portage: ATrue Continental Divide
SPECIAL YLS ISSUE 23 The Young Lawyers Section Issue: The Balanced Lawyer By Octavio Duran, YLS Chair 24 The Sustainability Problem: Securing the Future of the Legal Profession By Laura Wagner 26 Maintain Health, Maintain Balance: Concrete Tips for Maintaining Physical Health as an Attorney By Carl Wharam, PT, DPT 28 No More Fear, No More Fright: How Attorneys Can Use Their Might When Facing Failure By Kenny Matuszewski
8 President’s Page
Spring is the Right Time to Renew Your Commitment to the CBA
10 CBANews 16 Chicago Bar Foundation Report 18 Murphy’s Law
36 Legislative News 38 LPMT Bits & Bytes
Hang inThere: Wellness Tips for Surviving the Last Days ofWinter
34 Some Thoughts on “Thoughts on Prosecutorial Power” By Richard A. Devine
41 Summary Judgments
Review of Charles P. Kocoras’ Where’sMine
42 Legal Ethics
The Lawyer’s Role under the New Corporate Guidelines
The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org.Subscriptionsfornon-membersare$25peryear. PeriodicalspostagepaidatChicago,Illinois.POSTMASTER:Send addresschangesto CBARecord ,c/oMembership, Chicago Bar Association,321SouthPlymouthCourt,Chicago,Illinois60604. Copyright2020byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.
EDITOR’S BRIEFCASE BY RICHARD LEE STAVINS, ACTING EDITOR-IN-CHIEF The Chicago Portage: A True Continental Divide
A propos for the Chicago Bar Associa- tion and myself as acting editor of the CBA Record, I ask: Why is Chicago located where it is? The answer is for one and only one reason: the Chicago portage. What’s the Chicago portage? A portage is a strip of land lying between two natural water systems that are close to each other, but never flow into each other. Walk- ing from one water system to the other while hauling one’s watercraft is called portaging. Oft forgotten is the fact that Chicago has two natural water systems, with a portage between them. The first local water system is the Chicago River. It flowed naturally (until reversed by human engineering at the end of the 19th century) into Lake Michigan. Lake Michi- gan in turn flows into the other Great Lakes, which eventually flow into the St. Lawrence River and then into the Atlantic Ocean. So, fromChicago, one could theoretically paddle a canoe to the Atlantic. Of course, you’d have to go over Niagara Falls along the way, but that’s a mere detail. The second water system in Chicago is the Des Plaines River. It flows into the Illinois River, which flows into the Mississippi River, which flows into the Gulf of Mexico. So, from Chicago, one could also theoretically send a boat to the Gulf of Mexico. At certain points, the distance between various branches and forks of the Chicago River and the main channel of the Des Plaines River is just a fewmiles. That fewmiles of land is the Chicago portage. At no other place on the North American continent, other than at the Chicago portage, do the Mississippi River/Gulf watershed and the Great Lakes/ Atlantic watershed come anywhere near that close together. The Chicago portage is truly a continental divide. A Strategic Transportation Hub Shapes Chicago Early Europeans arrived here by water and carried their boats (usually canoes) over the
Chicago portage from the Great Lakes system to the Mississippi system. Those with vision immediately recognized that the Chicago portage was the most strategic transportation spot on the continent: Anyone going from one water system to another would need to do so at the Chicago portage. And the only means of long-distance travel in those days was by water. The U.S. War Department saw the strategic significance of the Chicago portage and built Fort Dearborn -- at what is now the intersection of Michigan Avenue and Wacker Drive -- to put troops here to protect the strategic portage. Early settlers realized that walking across the Chicago portage was not exactly the most efficient way to go from system to system, and that cutting a navigable canal from the Illinois River to the Chicago River would be a terrific idea and, more importantly, a great way to get rich -- which is what human progress is usually all about. The canal was eventually cut. Named the Illinois & Michigan Canal, it opened in 1848 and soon went bankrupt. The canal’s financial failure was due to two things that year that no one could have foreseen: a finan- cial depression and the arrival of the first of many railroads. The latter quickly supplanted water as the principal means of long-distance transportation in America. The significance of the Chicago portage as a transportation hub thus disappeared with the coming of the railroads. That could have meant the end of Chicago, as it did for many other waterfront towns. (Kaskaskia, located strategically on the banks of the Mississippi River and once the capital of Illinois, now has a human popula- tion of nine.) In 1848 Chicago immediately embraced the new railroad technology. Yes, railroads were once considered the latest in new technology. Within a few decades, Chicago became the railroad center of the nation, continued to grow, and never looked back. Well, okay, it burned to the ground in 1871, but these things happen.
6 March/April 2020
A Special Notice to all Lawyers Who Reside in or Practice in Cook County
The Moses, Bertha & Albert H. Wolf Fund
he Chicago Bar Association manages the Moses, Bertha, and Albert H. Wolf Fund to aid
attorneys who reside or practice law in Cook County and are ill, incapacitated or superannuated. Through the Fund, the CBA provides financial assistance in the form of grants and loans. Eligible recipients also include lawyers in Cook County who receive assistance from the Lawyers Assistance Program and are in need of medical assistance.
“I can say without hesitation that the generous support that I have received from the Wolf Fund has enabled me to receive medical treatment for several disabling conditions and prevented me from becoming homeless. My hope is that I will be able to return to the full-time practice of law and someday make a substantial contribution to The Chicago Bar Association’s Wolf Fund in return for all the help they have given me. I am ever so grateful.” - Wolf Fund Recipient
For more information, please contact Terrence M. Murphy, Executive Director 312-554-2002 email@example.com
PRESIDENT’S PAGE BY JESSE H. RUIZ Spring is the Right Time to Renew Your Commitment to the CBA
The Chicago Bar Association www.chicagobar.org
President Jesse H. Ruiz
enhance our careers and renew our spirit. Active participation in The Chicago Bar Association is exactly this type of commit- ment, and spring is an ideal time to renew our commitment to the CBA. The CBA provides its members with many opportunities that help them become better lawyers, with more fulfilling careers and lives. It provides its members with enough free CLE opportunities to meet Illinois MCLE requirements over the course of two years. Our CLE programs are conveniently offered in-person at the CBA Building, via live webcast, and via on- demand video. Of course, attending the CBA’s very informative CLE programs is extremely beneficial, it is just one of many benefits the CBA provides its members. The over 120 committees that members can serve on provide for in-depth learning opportunities, but also valuable network- ing opportunities with fellow lawyers and judges. Members have the opportunity
First Vice President Maryam Ahmad
Second Vice President E. Lynn Grayson
Secretary Ray J. Koenig III
Treasurer Timothy S. Tomasik Executive Director Terrence M. Murphy
Assistance Executive Director Elizabeth A. McMeen Immediate Past President Steven M. Elrod BOARD OF MANAGERS Jonathan B. Amarilio Octavio Duran Sharon L. Eiseman Nina Fain Charles P. Golbert Judge LaShonda A. Hunt Judge Diane Joan Larsen Judge Lori E. Lightfoot Kathryn C. Liss Michael R. Lufrano Lauren S. Novak Judge Nichole C. Patton Trisha M. Rich Federico M. Rodriguez Ajay N. Shah
S pring is in the air, and it brings not only warmer weather, but a time of renewal. It is a time of fresh starts and renewed commitments. As lawyers we have so many demands on our time, that we can easily lose sight of the commitments we make that actually
Adam J. Sheppard Adam M. Zebelian
8 March/April 2020
to work closely with colleagues who enjoy wrestling with issues impacting their prac- tices and our profession. Our committees produce valuable commentary on pro- posed court rules and legislation. Through committee work, members also have the opportunity to hone their presentation and public speaking skills. The CBA’s Career Advancement Pro- gram (CAP) is a multi-faceted initiative designed to help members of all experience levels and backgrounds move forward in their careers. Members can access an online career center featuring a resume and job bank and free one-on-one career counsel- ing and seminars. The Young Lawyers Section helps law- yers in their first decade of practice realize their full potential through educational programs tailored to new and associate- level attorneys. The YLS also provides its members with many social, networking and volunteer opportunities. CBA members also have access to a wealth of information on developing a law practice, managing a law office, and
Through the charitable arm of the CBA, The Chicago Bar Foundation brings the legal community together to improve access to justice for people in need and make the legal system fairer and more efficient and accessible for everyone. The Bar Foundation can also connect CBA members with vital, and personally reward- ing, pro bono opportunities with one of the many legal service organizations it supports. Musically-talented CBA members find wonderful outlets for their talents through the CBA Symphony Orchestra, Big Band, Chorus and the Bar Show. For those of us with less musical talent, but who enjoy attending concerts and theatrical produc- tions, our colleagues provide us with some incredible performances and wonderful evenings of comradery. The CBA is the leading metropolitan bar association in the United States. This spring, renew your commitment to your practice, your profession, your personal well-being, and to your friends and col- leagues at the CBA.
understanding new technologies through the CBA Law Practice Management & Technology Division. Of course, the CBA helps its mem- bers stay abreast of developments in our profession through this very publication, the CBA Record , and a library of online resources. Members also enjoy savings on a number of legal products and services, including malpractice and other types of insurance and the Lawyer Referral Service. While all these opportunities and ser- vices truly do enhance our law practices, and our skills as lawyers, there are other CBA benefits that help us renew our spirit through volunteerism, providing pro bono legal services to those in need, and simply connecting socially, and musically, with our CBA friends. CBA members connect with students through the Edward J. Lewis II Lawyers in the Classroom program, which places attorney volunteers into 2nd-8th grade classrooms to help students to better understand the U.S. Constitution, our legal system, and law-related careers.
CBA RECORD 9
CBANEWS T he Dickerson Awards are presented to minority lawyers who honor the memory of Earl B. Dickerson 2020 Earl B. Dickerson Award Luncheon By Clare McMahon, CBA Editorial Board Member
by working to help others gain equality and justice, and the recipients who were honored in 2020 are excellent examples of his spirit. Earl Dickerson not only exemplified professional excellence, he is also a symbol of how amazing talent can break through racial prejudice, not only in the work one does, but also through the examples set in our communities. Dickerson not only challenged racial prejudice in the cases he took on, such as the U.S. Supreme Court case of Hansberry v. Lee (successfully challenging racially restrictive real estate covenants), but he also fostered and pro- tected black communities through other actions, including protection of the Burr Oak Cemetery. Dickerson also blazed a path for other minorities through his leadership in pro- fessional, corporate, civic, and political organizations, opening doors for others to shine their talents and prove their excel- lence in positions of power today. This year’s Dickerson Awards, held February 27, honored five lawyers: Nina Fain, G.A. Finch, Circuit Court Judge Cheyrl D. Ingram, Circuit Court Judge Dianne Shelley, and Retired Circuit Court Judge Anthony L. Young. It is hard to summarize the depth of talent that was on the stage at the awards program, with each recipient exemplifying human excellence and achievement. Their impressive professional and civic experi- ence certainly spoke to the quality of the honorees and to the level of lifetime excel- lence required to obtain this recognition. Recipients spoke of their passion for justice
It was a celebration of diversity and inclusion as five Chicago attorneys who have fought for justice and equality in the legal profession over the course of their careers were presented with The Chicago Bar Association’s distinguished Earl B. Dickerson Award. The Dickerson Award Luncheon, now in its 30th year, honors top attorneys in the name of Dickerson, one of the first African Americanmembers of the CBAwhose prestigious legal career wasmarked by his courage and dedication to making the law the key to justice for all of society. Pictured at the 2020 Dickerson Award Luncheon are (left to right) Cook County Circuit Court Judge Anthony L. Young (Ret.), G.A. Finch, Partner at Hoogendoorn & Talbot LLP, Nina Fain, Trust Counsel of JSS Family Trusts, CBA First Vice President Maryam Ahmad, CBA Past President and Dickerson Committee Chair Judge E. Kenneth Wright Jr., Cook County Circuit Court Judge Cheyrl D. Ingram, Cook County Circuit Court Judge Diane M. Shelley, and CBA Executive Direc- tor Terry Murphy.
is not in the glass-filled board rooms or stately courtrooms where hard work cul- minates, but in the seemingly mundane daily interactions we have with neighbors, community members, and colleagues. As recipient Nina Fain stated, “If you do not honor your community, it will not honor you.” In fact, in that spirit, attendees took the time at the end of the luncheon to recog- nize Bill Richert, the CBA’s long-standing photographer for the last three decades. Through his photographs, Bill has helped memorialize decades of legal talent and equality trail blazers.
and civic obligation and many humbly thanked those individuals and communi- ties that cared and fostered them through the hard times. Each honoree has blazed a trail through barriers that make their accomplishments even more impressive and hopefully make it easier for the world to see their many talents. The honorees and attendees also spoke personally of their memories of Dicker- son, mostly from when they were young lawyers, or growing up in Chicago’s Bronzeville neighborhood. These recol- lections are prescient reminders that small interactions in our communities help form the generations behind us. Our legacy
10 March/April 2020
It’s Where You Belong
Membership Dues Renewal The Chicago Bar Association
Renew by May 31 and Get Free CLE Coupons*
April 2020 Dear Member:
There is no doubt that the legal profession is changing, which in turn presents new challenges in how we practice, serve our clients, run our businesses and spend our time and resources. As your professional partner, the CBA has been studying trends in the legal profession, listening to your concerns and developing new programs and services to better meet your changing needs: Access to CLE anytime, anywhere. We are soon launching a new mobile-friendly CLE platform that will allow you to view seminars and committee meetings in full screen on your laptop and watch on demand seminars on your smart phone or tablet. Plus, we have over 200 on demand seminars and enough free CLE to meet your IL MCLE requirement. Business development. Attend workshops and structured networking events with other professional groups that take the stress out of networking and offer meaningful connections. Tips to run a more ef fi cient, cost-effective law practice. CBA members and their staff can get hands-on training to keep up with legal technology and implement best practices. Solo/small fi rm resources and low cost of fi ce consulting are also available. Balancing work and personal life. Keep your stress levels in check though our Wellness Committee programs, balanced lawyer series, working parents summit, mindfulness offerings, time management tips and other helpful advice. Access to free and low-cost career services. Post your resume and view open positions via our free Career Center at www.chicagobar.org/careercenter, join the Careers Committee, attend free career counseling sessions, career workshops and networking events to establish a plan and gain skills for future career changes. Making a difference. CBA public service programs provide legal assistance and support to fi rst responders, senior citizens, domestic violence survivors, at risk youth, the homeless and many others in need. Find opportunities that match your interests and availability. Strengthening the Legal Profession . The CBA plays a critical role in judicial evaluations, legislative review and drafting, recommending improvements to court rules and administrative procedures, mentoring new lawyers, and many other intangible bene fi ts that keep our profession strong. The CBA is a diverse community spanning all practice settings and practice areas. We need your membership support and participation to carry on our missions of strengthening the legal profession and ensuring access to justice. We value your membership and encourage you to renew for the coming year. Sincerely, ✓ ✓ ✓ ✓ ✓ ✓ ✓
Renew at www.chicagobar.org/renew, call 312-554-2020, or return your payment by mail. Thank you!
Jesse H. Ruiz CBA President
*Renew by midnight May 31, 2020 and receive two (2) free CLE coupons from the West LegalEdcenter. Details at www.chicagobar.org/renew.
CBA RECORD 11
The Fruits of Their Labor: Practitioners Discuss Beer, Wine, Spirits and the Law By Amy Cook, CBA Editorial Board
T here’s a whole area of practice that centers on the intricate web of beer, wine and spirits laws. (Right about now, many readers are saying to themselves, why was I not told this in law school?) This February seminar touched on intellectual property and regulatory issues within the beverage industry. Panelists, including a brewery owner giving the client’s perspective, discussed naming a business, protecting valuable intellectual property and dealing with myriad regulatory frameworks. Trademark Shyla Jones, of counsel at Ice Miller, discussed trademarks, and said that obtaining and protecting trademarks serves as a “sustainable competitive advantage.” “Invest in your brand,” she told the attendees. “And you must then police and enforce your brand.” The strongest trademarks are those that are “arbitrary” or “fanciful” but descriptive trademarks are enforceable as well. For instance, “Dry Hop” could be descrip- tive or it could be suggestive. If a term is merely descriptive, it needs to be in use for about five years, or the user can pres- ent evidence such as surveys, advertising, and sales figures to show that consumers connect the mark or trade dress to your brand. Jones also reminded lawyers to think beyond the label. Bottle shapes and tap handles can also qualify for trademark protection. While common law trademark pro- tection exists (the “TM”), federal trade-
means for them legally. When a client walks in, O’Donaghue’s first question is asking what type of business they want to be in, for instance, brewer or brew pub—because the legalities will be different. Distribution D’Allessandro’s group is working for more flexibility in the existing three tier system of producers to distributors to retailers. She notes that they are compet- ing with other industry members who have different interests. She says of her organization, “You have to do relation- ship building, and work to better reflect consumer demands.” For instance, in 2010 the craft brewer’s license was cre- ated to be able to self-distribute such beer. Brewers can now interact with retailers and consumers to build their brand. Another example she discussed was that previously, businesses had to have a distributor to take product from a production facility to a brew pub. Now, a certain amount can be transferred without use of a distributor. A final perk of attending a beverage law seminar: upon the conclusion of the seminar, the attendees and panelists were treated to a sample of some craft brews that these lawyers helped bring to fruition. To watch the on demand video of “Intellectual Property: Beer, Wine, Spirits and the Law” (2/5/2020), visit www.chicagobar.org/cle for more information.
mark protection (the circle “R”) affords additional benefits such as the ability to file an intent to sue, provides exclusive nationwide priority, serves as basis for foreign filing, offers a presumption of validity and ownership, and provides for statutory damages for counterfeiting. Opening a Brewpub or Restaurant Ashley Brandt, a partner at Goldstein and McClintock, and author of the popular Libation Law blog, along with Steve Sobel, owner of Burnt City Brew- ery, discussed the potential difficulties business owners face when starting and running a brewpub or restaurant, from finding a name that isn’t already taken, to employees taking trade secrets with them when they leave, to trade dress infringement that can occur with loo- kalike bottles. Infringement is usually noticed with a few months in part due to social media. However, they cau- tioned, don’t whip out those cease-and- desist letters quite yet—collaborations between companies have become more common because both can benefit from positive association. William O’Donaghue, partner at Daley and Georges, and general coun- sel for Illinois Craft Brewers Guild, and Danielle D’Allessandro, executive director of the Guild, spoke about dif- ficulties—and potential solutions—that affect brewers and brew pubs. The law has lagged in keeping up with this burgeoning industry. Even potential business owners may be unaware of the differences in categories and what that
Free Meeting Room Space for Members at Association Headquarters The CBA is pleased to offer free meeting room space at Association Headquarters (321 S. Plymouth Ct., Chicago, IL 60604) as a benefit to our members. The meeting rooms create the perfect environment to work between meetings or courtroom appearances, or to escape the office for a couple hours. All rooms are equipped with Wi-Fi. You can reserve shared meeting room space or a private room Monday through Friday, 8:30 a.m. to 11:30 a.m. and 2:00 p.m. to 6:00 p.m. See details and a reservation form at www.chicagobar.org/chicagobar/freemeetingspace.
12 March/April 2020
CBA Hosts Forum for Candidates Seeking Supreme Court Seat Five of the candidates seeking a seat on the Illinois Supreme Court participated in a Chicago Bar Association candidate forum February 26 at the James R. Thompson Center in Chicago. The forum was moderated by WGN anchor and political analyst Paul Lisnek and the candidates offered their opinions on a wide range of issues including diversity in the courts, best practices for filling court vacancies and delays in the adjudication of cases before the Supreme Court. The candidates pictured are (left to right): Appellate Justice Jesse Reyes, Appellate JusticeMargaret StantonMcBride, Appellate Justice Nathaniel Howse Jr., Attorney Daniel Epstein, Appellate Justice Cynthia Cobbs, and Lisnek.
The Revolution Edition: A Live-Audience Conversation with Josh Deth, Founder of Revolution Brewing The CBA’s monthly podcast, @theBar, recently took its show on the road for a live audience taping at Revolution Brewing, where we spoke with Revolution’s owner and founder, Josh Deth. In this unique edition, Josh talked with co-hosts Jonathan Amarilio and Trisha Rich about his journey from brewing beer in his garage to founding one of the most successful independent breweries in the United States. Josh also shared what he learned along the way about beer, entrepreneurship, the law, and staying true to his roots. Listen with the Legal Talk Network, Apple Podcasts, Google Play or Stitcher. Special thanks to our sponsor, CourtFiling.net.
CBA RECORD 13
Black History Month Courthouse Tours CBA Secretary Ray J. Koenig III, a member of Clark Hill PLC, joined students from Heritage Leadership Academy for a special court- house tour at the Richard J. Daley Center commemorating Black History Month. The annual tours are co-sponsored by Chief Judge Timothy C. Evans, the Black Women Lawyers’ Association of Greater Chicago, the Cook County Bar Association, the Illinois Judicial Council, The Chicago Bar Association, and the judges of the Circuit Court of Cook County.
New MCLE Rules - Please Submit Your IL ARDC Number The Supreme Court of Illinois has adopted new Rules requiring the CBA to report individual attorney attendance for seminars AND committee meetings. Individual attendance is reported using an attorney’s ARDC number. Please make sure that the CBA has your ARDC number in our database. Add your number to your member profile at www. chicagobar.org (under My Membership Tab) or send email to firstname.lastname@example.org (please include your name, CBA number, and ARDC number in the email).
14 March/April 2020
CLE & MEMBER NEWS
Important Dues Billing Reminders
FREE Seminars fromWest LegalEdcenter
special offer, send in your dues payment by May 31, 2020 and make sure the CBA has your email address on file in order to email you the coupon codes (include your email address on your dues remittance stubor call 312-554-2130). In June 2020 and January 2021, youwill receive anemail withyour free registration information.
The West LegalEdcenter can help you keep current in your practice area anywhere, anytime. With over 65 respected CLE providers, the West LegalEdcenter offers hundreds of online CLE programs including most CBA seminars. And now, you can access two free CBA seminars on the West LegalEdcenter simply by renewing your CBA membershipbyMay 31, 2020. To receive this If your last name begins with A-M, you need to complete 30 hours of Illinois MCLE credit by June 30, 2020, including one hour of mental health/substance abuse PR-MCLE andonehour of diversity/inclusionPR-MCLE. Don’t wait until the last minute! Take advan- tage of theCBA’s free archivedCLEWebcasts and free, noon-hour committee meetings
• Annual Dues. In our ongoing effort to reduce administrative expenses and keep dues at the current level, the CBA has an annual billing cycle. • Dues Auto Pay. Spread your dues payments throughout the year by signing up for the Dues Auto Pay Plan which allows you to pay your dues automatically on a monthly, quarterly, semi-annual or annual basis at no extra cost via auto- matic credit/debit card charges. • ReducedDues for Financial Hard- ships. Unemployedmembers and those with financial hardships may request our reduced annual dues rate of $50. • eStatement. Receive your CBAbills by email only and save time, post- age and the environment. • Billing Statement. Choose any or all of the above options and add in your own level of contributions to the Bar Foundation/Legal Aid Fund and the CBA Building Fund. If you have any questions regarding your dues statement, email billing@ chicagobar.org or call 312-554-2020.
A-M Lawyers: Meet Your Upcoming MCLE Requirement with Free CBA CLE
(attend in-person or via live Webcast). Members canalsoaccess unlimited seminars with the CLEAdvantage Plan for only $160 a plan year (includes in-person and live and archived Webcasts). For more information, call 312-554-2056. For informationon Illinois MCLE reporting requirements, visit www. mcleboard.org .
Learn from Experts and Earn CLE Credit at Free CBA and YLS Committee Meetings
derisking strategies, what tax advisors need to know, elder care, mindfulness practices, pending family law legislation, and much more. Check the weekly ebulletin every Thursday for upcoming meeting dates, speakers and MCLE credit. Members can attend any meeting and new members are always welcome.
The CBA hosts approximately 80 practice area committee meetings every month during the noon hour. Members are invited to attend in-person at the CBA or watch the live Webcast, all at no extra cost (and most provide IL MCLE credit). Recent topics have included: Bitcoin basics, ARDC ethics update, tips for winning motions, pension
Renew Your Membership and Receive FREE CLE Coupons It is membership renewal time at the CBA! In April, all members receive an annual dues renewal statement for the membership period June 1, 2020-May 31, 2021. If you renew by May 31, you’ll receive two free CLE coupons from the West LegalEdcenter (coupon details available at www.chicagobar.org). Renewing is easy. Go online to www.chicagobar.org/renew, call 312-554-2020, or return your payment by mail. A dues installment plan and financial hardship dues are available. And, best of all, no dues increase for the 15th year in a row!
The CBA is your ultimate legal network with resources that can help you: • Save time and money • Access practical legal, business and technology skills • Keep pace with legal developments and trending topics • Start/grow your practice through business development programs • Connect with local attorneys and judges • Meet your Illinois MCLE requirement for free • Enhance your resume with speaking/writing/leadership opportunities • Prepare for career changes • Find work/life balance
New benefits include: More free CLE on demand 24/7, law firm marketing and business development programs, judicial meet and greets, legal news feeds, personalized career counseling, how to’s on legal and business software, hands-on technology training for members and their support staff, discounts onVerizon, Expedia, loop parking and other products/services. Most of these new benefits are free or very low cost. What’s Ahead: New mobile-friendly Webcast platform allowing you to view our seminars and committee meetings anytime, anywhere, expanded leadership training, more structured networking events, short-term volunteer opportunities and more. Visit www.chicagobar.org to see what’s new at the CBA.
We appreciate your past membership support and look forward to serving you in the coming bar year.
CBA RECORD 15
Chicago Bar Foundation Report
The 2020 Investing in Justice Campaign Justice People Deserve, Not Just What They Can Afford By Meredith Mazzuca, CBF Director of Marketing & Communications T his March marks the 14th year of the Investing in Justice Campaign, a community-wide effort through they could otherwise serve. From web-based resources, legal aid hotlines and advice desks to large impact litigation and advocacy work, these organizations provide a continuum of legal services to the people who most need help but can’t afford it.
related initiatives, leveragingmillions more in legal aid funding from the CBF’s foundation and government partners in the process. Over the years, the Campaign has been led by some of the most prominent members of our legal community, including Linda Coberly, Rebecca Eisner, Jesse Ruiz, Susan Levy, Brett Hart, Patrick Fitzgerald, Dan Reidy, Emily Nicklin, Bill Von Hoene, Jr., Chuck Douglas, Jeff Stone, Dan Webb and Tony Valukas. Following in this tradition, the 2020 Campaign is being chaired by Sean Berkowitz, a Partner at Latham & Watkins LLP. Today, we can proudly declare the Cam- paign is the largest andmost impactful initia- tive of its kind anywhere in the country. It is a national model, with Chicago’s legal com- munity leading by example. The Campaign makes it possible for tens of thousands of Chicagoans in need to get crucial legal help each year. However, the need to support our community is still great, and we have proven through the Campaign that we can make a big impact in meeting this need. While we all support a wide variety of worthy causes, ensuring that all people have
which thousands of attorneys and legal professionals at more than 150 participating law firms, corporations, the CBA and other law-related organizations in the Chicago area come together around our profession’s common cause: ensuring that everyone has access to necessary legal help, not just those who can afford it. Many of themost vulnerable people in the Chicago area count on pro bono and legal aid services when faced with often life-changing legal issues, and Chicago’s many outstanding pro bono and legal aid attorneys are dedicated advocates for them. But despite their efforts, that help remains out of reach for more than half of our low-income and disadvantaged neighbors because there are not enough resources to go around. When thinking about the thousands of people receiving help and how great the need still is, it can be easy to lose sight of the real people behind these numbers. These are our neighbors, the barista serving your coffee, the person cleaning your office, the parking lot attendant. Their individual stories are the motivating force behind the Campaign, and the Campaign is howwe can write a lot more happy endings to these stories. The Investing in JusticeCampaign enables more than 30 pro bono and legal aid organi- zations to extend legal help to tens of thou- sands more low-income Chicagoans than
While we all have important roles to play as individuals, the Campaign has proven that we have the power to significantly expand the capacity of our pro bono and legal aid system when the legal community comes together as one around this issue. Specifically, donations to the Campaign: • Leverage significantly more money from government and other foundations • Save hundreds of thousands of dollars in other social services by enabling people to resolve legal problems before they spin out of control • Benefit from the CBF’s rigorous grants process, ensuring accountability and strategically directing funds to where they will make the most impact When the Investing in Justice Campaign launched in 2007, it raised more than $600,000 fromabout 1,600 individuals at 35 participating law firms and companies. The Campaign has come a long way since that promising beginning. Last year, more than 5,200 individuals donated $1.56 million, bringing the total raised over the first thirteen years to more than $17.5 million. Each year, one hundred percent of those dollars directly supports the work of dozens of pro bono and legal aid organizations and
The CBA again is one of the organizations participating in the Campaign, and we encourage all CBA members to contribute at chicagobarfoundation.org/campaign.
16 March/April 2020
A Message from the Campaign Chair Dear Colleague: Misty feared for her life, but the idea of leaving her abuser was daunting. With the help of legal aid, she now is safe and moving forward with her life. Vanessa secured full-time employment, as well as a two-bedroom apartment for herself and her young son, after getting legal aid so that a long ago encounter with the law no longer held her back. Anthony wanted to start his own non-profit with the goal of bringing modern dance to the most underserved students in the Chicago Public Schools. He is doing that and more today thanks to the pro bono help he received. These are just a few of the thousands and thousands of people who reached out and received pro bono or legal aid help last year. Their stories are ones of struggle, abuse and injustice. But because help was there when they needed it, their stories became ones of hope, healing and second chances. Fewer than half of the 600,000 low-income Cook County people who need legal help this year will be able to get it due to a shortage of resources. That number is big and faceless, but each person behind that number has a real story and need of their own. The Investing in Justice Campaign is how you can give a just ending to more of those stories. By participating in the Campaign, you help some of our community’s most vulnerable people as they face legal problems that threaten their children, families, homes, livelihoods and safety. Thanks to our legal community’s leadership and generosity, the Investing in Justice Campaign has become the largest campaign of its kind in the country. Together, over the past 13 years, we have raised more than $17.5 million through the Investing in Justice Campaign to help many thousands in our community get the legal help they need. In the process, we have leveraged millions more in foundation and government support for these efforts. But there are still thousands more people in need like Misty, Vanessa and Anthony. Together we can help more of those stories end with the justice they deserve. Sincerely, Sean M. Berkowitz
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equal access to the justice system is our common cause as a legal community. As lawyers and legal professionals, we uniquely understand the importance of having an advocate and the very different outcomes for those who have access to legal assistance and those who do not.Whether low-income and disadvantaged people have access to the legal help they need could mean the difference between shelter and homelessness; medical assistance and unnecessary physical suffering; food on a family’s table and hunger; eco- nomic stability and bankruptcy; productive work and unemployment. Through the Campaign, we can make a collective impact that none of us could on our own, and together, we can help build a stronger, fairer, and more just community for all of us.
CBA RECORD 17
MURPHY’S LAW BY TERRENCE M. MURPHY, CBA EXECUTIVE DIRECTOR
State Jesse White who will receive the prestigious Abraham Lincoln Marovitz Award; Access Living will receive the Thomas A Demetrio Award; and Daniel A. Cotter will receive LAH’s inaugural “My Hero” Award, which honors a member of the legal profession who has made a difference to a mentoring/ tutoring program as a volunteer mentor or board member. For reservations, www. lawyerslendahand.org. COVID-19 Update In the wake of the World Hea lth Organization’s March 11 announcement that the Coronavirus (COVID-19) is a global pandemic, The Chicago Bar Association is taking the following precautionary action consistent with the CDC’s recommendations to protect the well-being of our valued members and of our outstanding staff: (1) Effective March 16, committee meetings and continuing legal education seminars will only be offered online. Speakers will be invited to tape their presentations at the Association’s Headquarters or remotely in their office, after which the taped presentation will be available online to CBA members. All committee and CLE seminar presentations at the Association will be audience free and available only at the CBA’s website: www.chicagobar.org. The online only programming change will remain in place until such time as this health emergency is resolved; (2) During this time, we will notify members on a weekly basis of the schedule for online committee and CLE programming. Online registration is convenient and, as a reminder, the CBA automatically tracks MCLE credit for members who attend the CBA’s many qualified programs. Thus, members will be able to obtain all of their Illinois MCLE credit requirements; (3) In addition, committee leaders may decide to schedule conference calls with their committees; and (4) Social events planned at the Association are being rescheduled so please check the CBA’s website for updated information about these events. For more information, call the CBA at 312-554- 2000 or www.chicagobar.org.
All three branches of government came together at the CBA January 22 for a CBA-CBF legislative reception that recognized retired Illinois Senate President John Cullerton for his commitment over the course of his career to issues and legislation supporting access to justice. Among thosewhopaid tribute toCullertonwereGovernor J.B. Pritzker, Deputy Governor and CBA President Jesse Ruiz, Supreme Court Chief Justice Anne Burke, Supreme Court Justice Mary Jane Theis, Attorney General Kwame Raoul, and Senate President Don Harmon. Pictured at the reception (left to right) are Governor Pritzker, John Cullerton and Jesse Ruiz.
Edward J. Lewis II Lawyers in the Classroom Program Last October, the Constitutional Rights Foundation Chicago’s (CRFC) governing board and the CBA’s Board of Managers agreed to transfer CRFC’s Edward J. Lewis II Lawyers in the Classroom (LIC) Program to the Association. The LIC program, one of CRFC’s most successful programs, transitioned to the CBA’s not-for-profit educational entity, CBA Media and Civic Education, Inc., formerly CBA TV Productions, Inc. With over 600 lawyer volunteers, the LIC program is currently being offered in 60 elementary schools to more than 5,000 students. Working in partnership with teachers, lawyer volunteers provide 2 nd through 8 th grade students with civic education programming to help them better understand the U.S. Constitution, our legal system, and their rights and responsibilities under the law. Attorneys also provide students with knowledge based on real-life experiences, help them develop critical thinking and civil discourse
skills, and offer students an opportunity to interact with positive role models. Tiffani Watson, M.Ed., educator and former school administrator, is the director of the LIC program and since coming to the CBA in November has recruited and trained more than 200 new lawyer volunteers. Watson works closely with teachers and attorney volunteers to coordinate and schedule LIC classroom visits throughout the school year. Additionally, Watson is actively involved in fundraising, which is necessary to expand the program to more schools. For more information about the Lawyers in the Classroom Program and how you can donate to this important program, please visit http://bit.ly/2HVeCx5 or contact Tiffani Watson at twatson@ chicagobar.org or 312-554-2060. Lawyers Lend-A-Hand to Youth Awards Dinner This year’s Lend-A-Hand Awards Dinner will be held on Thursday, April 30, 2020 at the Four Seasons Hotel. This year’s honorees include: Illinois Secretary of
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18 March/April 2020
Congratulations Aurora Austriaco has been named one of the Top 20 Global Women of Excellence and will be honored at the 8 th Annual Congressional International Women’s Day Gala. Steven M. Elrod and Peter M. Friedman are new partners at Elrod Friedman LLP concentrating in land use and government law… Illinois Supreme Court Justice Robert R. Thomas has retired from the Illinois Supreme Court and has joined Power Rogers LLP… Magistrate Judge Susan E. Cox was appointed Chief Magistrate Judge of the U.S. District Court for the Northern District of lllinois by U.S. District Court Chief Judge Rebecca R. Pallmeyer … Thomas A. Demetrio , Corboy & Demetrio, was ranked first by Illinois Super Lawyers in 2020… Clifford Law Offices was named Aviation Law Firm of the Year by the National Law Journal … Robert A. Clifford was selected to Illinois Super Lawyers Top 10 List and Kevin P. Durkin and Keith A. Hebeisen were selected to Illinois Super Lawyers Top 100 List… Sarah F. King was named a partner at Clifford Law Offices… Joshua A. Nesser was named a new shareholder at Lavelle Law… Jeremy Glenn , managing partner at the Chicago office of Cozen O’Connor, was named a Client Choice 2020 Award winner by Lexology in its Illinois employment and benefits law category… Seyfarth Shaw LLP , a premier Chicago global law firm, is celebrating its 75 th Anniversary… Illinois Appellate Court Justice Mathias W. Delort has received the Robert J. Mangler Distinguished Service Award for Lifetime Achievement from the Illinois Local Government Lawyers Association… Philip “Flip” Corboy was named to Illinois Super Lawyers Top 100 for 2020... Tony Romanucci , Romanucci and Blandin LLC, was named chair of the new Ethylene Oxide (EtO) Litigation Group at AAJ. David C. Hilliard , Pattishall McAuliffe Newbury Hilliard & Geraldson LLP, has been named as one of the Top 100 Super Lawyers in 2020… Peter Coolsen has retired after 17 years of service as Court Administrator of the Circuit Court’s Criminal Division… Deane B. Brown , shareholder at Hughes Socol Piers Resnick & Dym Ltd., was named to the Top 100 Illinois Super Lawyers and to the Top 50 Women Super Lawyers list… John L. Litchfield was elected a partner at Foley & Lardner’s Chicago office… Jessica Ekhoff has become a partner at Pattishall and was also appointed Co-Chair for 2020/2021 of the Coalition of Women’s Initiatives in the Law Programming Committee… Phillip Barengolts , Pattishall partner, was re-elected vice president of the board of directors of the Lawyers for the Creative Arts… Jonathan Clark Green was installed as president of the Advocates Society…U.S. Congressman Mike Quigley received the Advocates Society’s 2020 Award of Merit at the group’s Annual Installation Dinner… Kevin M. Forde and Michael K. Forde announced their new firm, Forde & O’Meara LLP… CBA Past President Kerry R. Peck was featured in an ABA Journal article entitled: “Why Elder Law is a Growing, Anything- Can-Happen Practice”… Diana Bowman has joined Perkins Coie’s Construction and Real Estate Litigation Practice…The Illinois Equal Justice Foundation is celebrating its 20 th anniversary… Margaret A. Bentley is a new associate at Kelley Kronenberg… WilliamR. Coulson has a featured article in the April 2020 edition of World War II Magazine about the battle of Tulagi in the Solomon Islands. Kirkland & Ellis LLP received the Center for Disability & Elder Law’s (CDEL) Partner of the Year Award; Illinois Representative Barbara Flynn Currie (retired Majority Leader), Illinois Representative Will
Ethics and Dynamics of Litigation March 31 • 12:00-1:00 p.m. • Members Free Vegan/Plant-Based Lifestyle: The Humane Choice is Not “Impossible” April 7 • 3:00-6:00 p.m. Hot Topics in Bankruptcy Law April 14 • 3:00-6:00 p.m. Bridging the Gap: Serving Your Tech Averse Clients April 15 • 12:00-1:00 p.m. Mental Health Law for General Practitioners April 15 • 3:00-6:00 p.m. State and Local Initiatives in Environmental Law April 16 • 3:00-6:00 p.m. Pathways to Leadership: Moving Your Legal Career Forward April 16 • 3:30-5:00 p.m. • Free Tech Workshop: Basic Adobe PDF Skills for Lawyers April 21 • 12:30-1:30 p.m. Special Needs Trusts: From Creation to Administration April 21 • 2:00-5:00 p.m. Evolving Issues in Family Law: Legalization of Marijuana and Mental Health April 22 • 3:00-6:00 p.m. Tech Workshop: Create a Reuseable Template April 23 • 3:00-4:00 p.m. How To... Find the Right Project Management Platform for Your Team April 28 • 11:15 a.m. -12:15 p.m. • Members Free Tech Workshop: Box for Document Storage and Collaboration April 30 • 12:00-1:00 p.m. International Law: More Relevant Than You Think! April 30 • 3:00-6:00 p.m. CLE In-Person • Webcast THE CHICAGO BAR ASSOCIATION Continuing Legal Education
Plus hundreds of on demand seminars!
To register, call 312-554-2056 or visit www.chicagobar.org. Programs are held at the CBA Building, 321 S. Plymouth Ct., Chicago, unless otherwise indicated above. Seminars are also Webcast live (as well as archived) at www.chicagobar.org and West LegalEdcenter. Visit www.chicagobar.org/cle for more information. The CBA is an accredited continuing legal education provider in Illinois.
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CBA RECORD 19
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