CBA Record March-April 2021
MARCH/APRIL 2021 CBA
1971- 2021 Young Lawyers Section Issue: 50 Years and Counting
Margaret Battersby Black
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CBA RECORD CONTENTS
March/April 2021 • Volume 35, Number 2
6 President’s Page
Women’s History Month Sheroes
INSIDE THIS ISSUE 24 Back to the Future: 50 Years of the YLS By Jeffrey Moskowitz 26 Stronger Together: 50 Years and Counting
8 CBANews 18 Chicago Bar Foundation Report 20 The Pulse 41 LPMT Bits & Bytes Time Management Skills 42 Legal Ethics Financing Legal Services: NewDevelopments
By Kaitlin King, Alexander Passo and Jacob B. Berger 32 Have a Plan! And Other Advice from Former YLS Chair Ruben Chapa By Kaitlin King
34 Evictions During and After Covid-19 By Alexander Passo
36 Best Practices for Lawyers Conducting Remote Depositions By Jacob B. Berger
39 Using a P.O. Box to Conduct Business: Ethical Considerations for Illinois Attorneys By Judge E. Kenneth Wright Jr.
40 Women’s History Month Book Recommendations
The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org. Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/oMembership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2021 by The Chicago Bar Association. All rights reserved. Reproduction inwhole or in part without permission is prohibited. The opinions and positions stated in signedmaterial are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.
It’s Where You Belong
Membership Dues Renewal The Chicago Bar Association
Renew by May 31 and Get Free CLE Coupons*
Dear Member: What a year… who could have imagined the personal and professional challenges and changes that we have all faced in the past year? I know we are not out of the woods yet, but things are looking up and I remain hopeful for continued progress and better days ahead in 2021. I am also extremely proud to say that the Association has stepped up to meet many of the changing needs of our members due to the pandemic. We pivoted to make Association meetings and seminars totally virtual through our new Webcast platform at learn.chicagobar.org, and educational content over the past year has included how the pandemic is affecting different practice areas and our court systems, running a virtual law practice, mental health programs, finding a job during the pandemic, and expanding your client base while working from home. In addition, our committees have been working with the courts to figure out new ways to keep cases moving through the system and providing continued access to justice for our clients. Special committees have been working on issues affecting the public like evictions, unemployment, and social justice reform. These are just a few examples of the important role that the CBA plays in our community. As our new bar year approaches, we are committed to providing ongoing support and new resources to help ensure your continued success as a lawyer. In addition to our outstanding educational programming, we will focus on new ways to connect with each other and other business professionals, more hands-on training and mentoring for younger lawyers and alternative models to the practice of law. On behalf of the CBA Board of Managers, I hope that you will renew your membership and your commitment to the important missions of The Chicago Bar Association. Sincerely,
Renew at www.chicagobar.org/renew, call 312-554-2020, or return your payment by mail. Thank you!
Maryam Ahmad CBA President
p.s. Dues statements will be mailed to all members in April. You can renew online at www.chicagobar.org/renew, by phone 312-554-2020 or by mail. Dues installment plan, fi nancial hardship dues and retired member rates are all available upon request. Email email@example.com for details.
Renew by midnight May 31, 2021 and receive two (2) free CLE coupons from the West LegalEdcenter! Details at www.chicagobar.org/renew.
A Special Notice to all Lawyers Who Reside in or Practice in Cook County The Moses, Bertha & Albert H. Wolf Fund
T he Chicago Bar Association manages the Moses, Bertha and Albert H. Wolf Fund to aid attorneys who reside in 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. For more information, contact Beth McMeen, CBA Executive Director, at 312- 554-2004 or firstname.lastname@example.org.
PRESIDENT’S PAGE BY MARYAM AHMAD Women’s History Month Sheroes
EDITORIAL BOARD EDITOR-IN-CHIEF Justice Michael B. Hyman Illinois Appellate Court
ASSOCIATE EDITOR Anne Ellis Proactive Worldwide, Inc.
admiration of strong, intelligent, and artistic women was borne from my love of her. During Women’s History Month, I find myself reflecting on such women and their achievements. Their works and deeds have shaped my view of the world. These women include Congresswoman Shirley Chisolm; abolitionists Harriet Tubman and Sojourner Truth; civil rights advocate Fannie Lou Hamer; author and poet Maya Angelou; blues guitarist Sister Rosetta Tharpe; artist Frida Kahlo; environmental activist Rachel Carson; Professor Angela Davis; talk show host and life coach Oprah Winfrey; and writer Judy Blume. We all likely have a list of women icons from history, old and new, who have inspired our journeys. We all likely have a list of personal, women icons too, comprised of the names of the great women of our personal lives. Recently, while visiting a social media site, I read the personal reflections of two of my friends about their mothers. I was immediately drawn into these accounts. One friend wrote that after his military father suddenly died, his mother was faced with raising three children. My friend wrote: “Mom was a very strong woman, both mentally and physically. We would need that as a family as we moved back to North Carolina in 1970 after my dad passed away unexpectedly. We were ALL too young at the time. My mom was now a 30-year-old widow with three children, ages 8, 6, and 3. She found a way to hold it all together, while taking on the role of both mom and dad.” He went on to describe how his mother drove a school bus so she could spend time with and keep an eye on her children. She was den mother to my friend’s Boy Scout troop and coach of his sister’s softball team. When she became an empty nester, she went to truck-driving school and earned a CDL
SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Howard and Howard Attorneys PLLC
YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC Alexander Passo Latimer LeVay Fyock LLC Kaitlin King Hart David Carson LLP
Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Of fi ce Amy Cook The Farmer Chef Alliance Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Hinshaw & Culbertson Jasmine Villaflor Hernandez Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Of fi ce of Bonnie McGrath Clare McMahon Law Of fi ce of Clare McMahon Pamela S. Menaker Clifford Law Of fi ces Peter V. Mierzwa Law Bulletin Media Kathleen Dillon Narko Northwestern Pritzker School of Law Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Robbins, Saloman & Patt, Ltd. Rosemary Simota Thompson
I nvariably, every March duringWomen’s History Month, I find myself reflecting on the great influential women of my life. For me, like many of you, the woman who holds the first position of greatness is my mother. My mother’s name is Khadijah Shafeek Ahmad. I enjoy writing and speak- ing her name whenever I can because that is one of the ways I keep her memory alive. I learned friendliness from my mother. One of my earliest memories is walking with her to the “RIF (Reading is Funda- mental) Mobile, which would travel around Dayton, Ohio back in the late 1960s and early 1970s. It would park at a playground about a mile from our home. For a three- year-old, that one-mile walk to and from the RIF Mobile took forever. My mother held my hand as we walked, and every time we passed someone, I remember my mother would look at them, smile, and say hello. She would always say, “Greetings don’t cost a thing.” Although friendly, my mother’s per- sonality was larger than life. She was courageous, intelligent, and artistic. My Maryamas a 4-year-oldwith hermother, Khadija Shafeek Ahmad, andher siblings in 1968.
Judge E. Kenneth Wright, Jr. Circuit Court of Cook County
THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing
6 March/April 2021
to drive long-haul rigs. She ultimately became a certified government carrier and spent about half of her trucking years moving loads escorted by armed federal marshals. She was firearm certified and moved unique loads, such as damaged currency for destruction, families in the government witness protection program, and, in some cases, only the marshal in the car in front of her knew what was in her trailer. I was riveted by my friend’s account of his larger-than-life mom. I’m sure he’s celebrating her memory for Women’s His- tory Month. I’m celebrating it, too. Another friend celebrated his mother’s 80th birthday by sharing how monumen- tally influential she had been on his and his brother’s lives. He thanked his mother for always being present “…and giving us unconditional love in good times and in many challenging times. I could not have asked for a better mother and friend. You taught us many things—to take care of and to be loyal to your family and friends, to work hard to ‘always please the customer,’ to help and to be kind to those in need, and to always make friends rather than enemies.” I have heard this friend speak about his mother’s impact on him, with such a light in his eye and deep fondness in his voice, that I am convinced if asked who ranks among his sheroes, he would list his mother. I imagine he is celebrating her impact on his life this month. I am
celebrating it, too. A magnanimous woman at the top of my personal list is Farris G. Mosely, my 11th grade arts teacher. She would remain after school for several hours a day, helping me practice speeches for oratorical contests. At the time, I did not know that she had elementary-aged children at home or that she lived 50 minutes away from my high school. I was selected to deliver a speech at the University of Louisville Arena my senior year. The school board paid for Mrs. Mosely to be there. As I delivered an address that she had helped me practice for weeks, to that packed stadium, I will never forget Mrs. Mosely sitting in the first row, right in front of the podium. She smiled broadly up at me with her salt and pepper hair and black horned-rimmed glasses with the pride of a mother. Although my mother had passed on by then, during the 15 minutes I delivered my address, I did not feel motherless. Mrs. Mosely taught me the art of voice modulation, tripling, and cadence. Skills that served me well in opening and closing statements as an Assistant Public Defender and an Assistant State’s Attorney. I am celebrating Mrs. Mosely this Woman’s History Month. I hope you spend this time reflecting on the great historical women of your lives and those great women from your personal life, who are historic to you. Happy Women’s History Month!
CBA President Maryam Ahmad has received recognition from the National Council of Bar Presidents for outstand- ing writing of a President’s Page in a bar journal for her November/Decem- ber 2020 column, “Reflecting on Lives Our National Has Lost.” You can read the column in the past issues section at www.chicagobar.org/chicagobar/ record.
At a free public webinar on January 29, CBA President MaryamAhmad talked property taxes with Cook County Treasurer Maria Pappas. If you missed the live program, you can watch the free on demand recording at www.chicagobar.org/chicagobar/ publicED.
CBA RECORD 7
CBANEWS 2021 Earl B. Dickerson Awards Go Virtual by Kathryn C. Liss, CBA Record Editorial Board
“Let us thank the individuals honored today with the Dickerson Award for putting these principles into practice for all of us to see.” – Judge E. Kenneth J. Wright, Jr.
E arl Burrus Dickerson was a trail- blazer for the community and the legal profession, with a dedicated passion for helping others achieve justice and equality. In his teens, Dickerson moved from Mississippi to Chicago and pursued a legal career, graduating from the University of Chicago Law School in 1920. As an attorney, he served as general counsel of Liberty Life Insurance Company of Illinois, assistant corpora- tion counsel for the City of Chicago, and was the first African American appointed as Illinois Assistant Attorney General. He also was a prominent civil rights activist and served as Chair of the Legal Redress Committee in the NAACP, a National Board Member of the NAACP, and President of the Chicago Urban League for several years. Dickerson became one of the first African Americans members of The Chicago Bar Association in 1945. To honor Dickerson’s dedication to the law and relentless work to make the city of Chicago more just and equal, The Chicago Bar Association established the Earl B. Dickerson Award in 1990.This bar year, the following recipients received this prestigious award on February 24, 2021: Judge Dav i d H. Coar (ret.) is a medi- ator and arbitrator at JAMS, handling complex bankruptcy, class actions, employ- ment , intel lectual property, lender lia- bility, and securities cases. He previously
served as United States District Judge for the Northern District of Illinois for 16 years and as a United States Bankruptcy Judge for 8 years. From 1979 to 1982, he served as the first United States Bank- ruptcy Trustee in the Northern District of Illinois. As a practicing lawyer, Judge Coar represented private plaintiffs in a case that determined how Title VII impacted the merger of previously seg- regated lines of progression in the steel industry. Additionally, he participated in several international programs and taught courses on ethics, corporations, corporate finance, constitutional law, labor law, and professional responsibil- ity as an Associate Professor of Law at DePaul University College of Law.
Law and the John Marshall Law School. In 2015, Judge Coleman was nominated for a Chicago/Midwest Emmy Award for producing “Bridging the Divide” for The Chicago Bar Association, which highlighted the anniversaries of the Civil Rights and Voting Rights Acts.
Pa t r i ck Dankwa John is a family law p r a c t i t i on e r a nd the President of the Decalogue Society of Lawyers. As Presi- dent, he is the Deca- logue Society’s first
Black as well as its first Christian leader. John is also a prolific writer, focusing on racial and religious equity. Several of his articles condemning bigotry were published in the Times of Israel , includ- ing “Confronting Anti-Semitism: What Would Jesus Do?” and “Enough is Enough, I Can’t Breathe,” an article he wrote in the wake of the George Floyd killing. In the latter article, he created the word crupellechrom to describe the unique discrimination that Blacks have suffered. In January 2020, John wrote a screenplay called “Jesus: The Black Jewish Messiah,” intended to provoke thought and discussion about how reli- gion has been used to justify discrimina- tion against Blacks and Jews. John also volunteers with the Simon Wiesenthal Center, whose mission is to eradicate the evils of bigotry and intolerance through widespread public education programs.
Judge Sharon John- son Coleman is a United States Dis- trict Court Judge for the Northern District of Illinois, Eastern Division. She was appointed in 2010
by President Barack Obama. Prior to her appointment to the federal bench, she served as a justice on the Illinois Appel- late Court, First District in 2008. From 1996 to 2008, she was elected to serve as a Cook County circuit court judge. Prior to becoming a judge, she practiced as an Assistant State’s Attorney, Deputy State’s Attorney, and an Assistant U.S. Attorney, where she tried hundreds of cases. She has also served as an adjunct professor at Northwestern University School of
8 March/April 2021
Greta Weathersby is a mediator and also Seni or Corpor a t e Counsel for WEC Energy Group, Inc., a leading Midwest electric and natural gas delivery company.
gender bias, DACA, social responsibility, diversity and inclusion, and complex alternative resolution methodologies. She also is a member of the CBF’s Board of Directors and previously served as Co-Chair of the CBF’s Pro-Bono Week, which highlights organizations and pro bono services to underserved communi- ties. She has also been active with the Loyola University School of Law’s Dean’s Diversity Council to recruit and mentor law students to increase diversity within the law school student ranks. Further, she was instrumental in a law student extern program within the law department of WEC. The program, open to all, has been tremendously successful as it relates to law students of color, particularly African American law students.
The Chicago Bar Association www.chicagobar.org
Her 30-plus years of legal experience include working in-house and also as a former partner in the commercial litiga- tion group of a large law firm. Weath- ersby has been very involved with CBA committees in the areas of diversity and inclusion, leadership, implicit bias, and alternative dispute resolution. She cur- rently serves as a Co-Chair for the CBA’s Covid-19 Member Recovery Commit- tee, which has provided training on
President Maryam Ahmad
First Vice President E. Lynn Grayson
Second Vice President Timothy S. Tomasik
Secretary Ray J. Koenig III
Treasurer John C. Sciaccotta
The on demand recording of the awards presentation is available at www.chicagobar.org/chicagobar/Dickerson21 and at www.youtube.com/chicagobar.
Executive Director Elizabeth A. McMeen
Immediate Past President Jesse H. Ruiz BOARD OF MANAGERS Jonathan B. Amarilio Hon. Charles S. Beach II Alexis Crawford Douglas Charles P. Golbert Kathryn C. Liss Michael R. Lufrano Hon. Clare Elizabeth McWilliams
Juan Morado, Jr. Lauren S. Novak Hon. Nichole C. Patton Brandon Peck Ashley Rafael Trisha Rich Antonio M. Romanucci Ajay N. Shah
Hon. Maria Valdez Adam M. Zebelian
CBA RECORD 9
Addressing Health Disparities: Is Technology the Answer?
2021 Virtual Symposium on Health Law and Intellectual Property
April 29, 2021 9:00 a.m. - 3:45 p.m. (central time)
COVID-19 has laid bare the structural barriers at the root of health disparities in the U.S. This year’s Jaharis Symposium centers on the premise that while technological advances have the potential to revolutionize the delivery of health care, they also raise signi fi cant questions about who has access to these innovations and whether they are advancing the interests of the populations with the greatest needs.
At this interdisciplinary symposium, three panels will address:
• Changes to Laws and Regulations Governing Telemedicine • Implementation of COVID-19 Treatments and Vaccines to Maximize Public Health Bene fi ts and Equity • High-Cost Treatment Disparities: Who Gets Access, Who Pays?
Michele Goodwin, Chancellor's Professor of Law, University of California, Irvine School of Law Professor Michele Goodwin is the founding director of the Center for Biotechnology and Global Health Policy, and she is an expert in the areas of bioethics, constitutional law, family law, health law, reproductive rights and torts. She directed the fi rst ABA-accredited health law program in the nation and
established the fi rst law center focused on race and bioethics. Professor Goodwin has provided testimony to state and federal lawmakers and legislative committees and worked with state attorneys general or their staff on health-related matters in California, Illinois, Minnesota and New York.
Register at: 2021jhli.eventbrite.com
DePaul College of Law is an approved MCLE provider. This event is worth up to 5.75 general CLE hours.
Tips to Succeed at Motion Practice in the Law Division By Sarah F. King W hat is expected from practitio- ners appearing in the Division, especially during the Covid-19
pandemic? At a CBA program on motion practice, Law Division Presiding Judge James P. Flannery, Jr. updated attendees on the state of the Law Division under Covid. He pro- vided a comprehensive overview of General Administrative Order 20-9, which among other matters governs the process for emer- gency motions submitted to Courtroom 2005. Judge Flannery reminded practitio- ners that “emergency motions” are those in which irreparable harm will be caused if the issue is not addressed immediately. He also noted that discovery motions for cases assigned to other sections of the Law Division should not be presented in Court- room 2005 but rather should be presented before the assigned judge or designated emergency judge. Judge Flannery fielded questions about specific protocols set out in GAO 20-9 and the process for mandatory and agreed pre- trial conferences. Tips included: • Every case that had a jury trial date on or after March 17, 2020 is subject to a mandatory pre-trial conference; • Mediation of cases by agreement of the parties is an alternative to pre-trial of cases, as long as the mediation is com- pleted prior to the discovery completion date; and • For pending cases that have not been set for trial, the parties may agree to transfer the case for pre-trial to any Law Division Judge, provided the judge is willing to conduct the pre-trial. The transfer orders should be submitted to the Presiding Judge. Judge Flannery assured participants that the Law Division is taking all steps neces- sary to prepare for a return to jury trials
when it is safe to do so. For now, §1.3 of GAO 20-9 applies to all cases set for trial. Jury trial dates, set from March 17, 2020 through June 30, 2021, will be converted to “Trial Setting” dates. When jury trial settings can safely be resumed, a minimum of 60 days’ notice will be sent to all parties and counsel of record, providing the date jury trials will resume, and the date, time and manner of the court call setting new jury trial dates. Judge John H. Ehrlich spoke on the remote case management process and took questions about the process for sub- mitting, objecting to and responding to discovery motions. Judge Christopher E. Lawler shared tips on remote pre-trials and his positive experience of resolving cases through the process. And Judge James E. Snyder presented news from the Commer- cial Litigation section, including pointers on how to make a compelling appearance during a Zoom hearing or bench trial. The program concluded with a multi- media presentation by Judge Lorna E. Propes titled, “Is ZoomOur Past…. Or Can
It Be Our Future Too?” Judge Propes, who presented during a recess from an on-going Zoom bench trial, shared video clips from a mock Zoom jury trial. The presentation included examples of remote voir dire, opening statement, cross-examination, closing argument, and presentation of demonstrative exhibits. Judge Propes encouraged lawyers to be open to the utility of Zoom to jump start the jury trial system and to handle routine matters in the future. Practitioners who missed out on the expansive set of tips presented in the live version can access the on demand version of Motion Practice in Cook County Circuit Court’s Law Division at learn.chicagobar. org (IL PR-MCLE credit available).
Sarah F. King is a partner at Clifford LawOffices and handles complex medical malpractice cases, particu- larly cases involving birth injury and maternal mor- bidity. King co-moderated this program.
CBA RECORD 11
Immigration Law, Covid-19, and the New Administration CBAWebcast Reveals the Complexities of Today’s Immigration Practice By Lynn Semptimphelter Kopon, CBA Record Editorial Board
T he recent CBA Webcast on Immi- gration Law, Covid-19, and the New Administration dispensed a treasure trove of information crucial to today’s immigration practice. The pro- gram consisted of three panels: Developing Policy as Transition Approaches; Preparing Employment-Based Applications in the New Year; and Representing Your Clients During Covid. Moderators were Kendra Scheuerlein, Hughes Socol Piers Resnick &Dym, Chair of the CBA Immigration and National- ity Law Committee; and Tristan Gunn, Tapia-Ruano & Gunn PC, Vice Chair of the CBA Immigration and Nationality Law Committee. Policy Transition The panel on policy transition made clear that the Biden administration would employ major efforts to reverse the anti- immigration policies of the last adminis- tration. Within 28 hours of taking office, the Biden administration created a legisla- tive team to address major immigration problems. Proposed reforms include an eight-year path to citizenship to those undocumented immigrants who were present in the United States as of January 1, 2021. This would include five years of temporary status followed by application for legal permanent residence for three more years, and thereafter the possibility of naturalization. DACA members would be eligible to skip the five years of temporary status and feed directly into the three years of legal permanent residence status before applying for naturalization. Considered legislation would also include an increase in the number of U Visas, and removal of the one-year time frame within which applications for asylum must be filed. The panel also noted that in more expeditious moves, President Biden signed several executive orders: declaring that Homeland Security and the Department
of Justice would fortify DACA protec- tions that are currently under challenge in a Texas court; issuing a proclamation rescinding various travel bans imposed by the prior administration except for the regional bans that are related to Covid-19 hot spots; undoing the previous admin- istration’s efforts to count the number of undocumented immigrants in relation to the overall census numbers in an effort to dilute the census numbers through exclu- sion of that subset; addressing remaining drastic fee hikes imposed by the previous administration that have not yet been enjoined by court order; reversing the imposition of a new citizenship test that poses unreasonable and unnecessary bars to naturalization; addressing the chilling impact of the most recent public charge rules; reversing drastic and unlawful changes in the asylum process ordered by the previous administration; reviewing the numbers involved in the refugee resettle- ment efforts, which will include revital- ization of the resettlement organizations that were basically decimated under the previous administration. The previous administration had pre-
sented a very aggressive posture against legal and business immigration, and the panelists agreed it will take time to slowly change the culture. Part of the efforts against legal and business immigration included the Department of Labor raising wage rates necessary to qualify for a H1-B Visa (effective date, if it takes effect, is July 1, 2021), changes to the immigration “lottery” system to prioritize applicants according to wage levels (most likely will become effective on April 1 but there may be pressure to suspend until next year) and redefining the definition of a H1-B Visa. These changes published near the end of the previous administration’s term packed a heavy hit to the H1-B program and the businesses that rely upon and benefit from this program. Panelists were Fred Tsao, Senior Policy Counsel, Illinois Coalition for Immigrant and Refugee Rights; and Marketa Lindt, Partner, Sidley Austin LLP and American Immigration Lawyers Association (AILA) National President, 2019-2020. Employment-Based Applications The panel on H1-B Visas, Preparing
12 March/April 2021
Employment-Based Applications in the New Year , explained that there is a cap on foreign workers who are brought into the United States to work in “specialty” areas. This number is limited to 60,000 visas each year, with an additional 20,000 for those with master’s degrees or a higher level of education. One change as a result of the Covid-19 pandemic is that the United States Citizenship and Immigra- tion Services (USCIS) registration process can now be done electronically instead of by filing physical documents. That may be one positive result of the current environ- ment, but the pandemic’s negative impacts include a lack of ability to keep the public access files up to date, especially if they are paper copies. International travel also presents enor- mous challenges to H1-B work authoriza- tion. The panelists explained that there are four non-immigrant visas: L- special- ized knowledge; E- trade and commerce between the U.S. and foreign jurisdic- tions; O- aliens of extraordinary ability; TN- derives from NAFTA and applies to Canada and Mexico and relates to aliens coming to the US for a particular job. All of the applicants for these visas are nega- tively impacted by Covid-19, general travel restrictions and regional travel bans. Those
seeking these visas face serious backlogs due to all of these combined factors includ- ing the pandemic, the political climate, and the ensuing last minute, “midnight” regulations impacting these visa processes. Panelists were Robert Krug, Partner, Hughes Socol Piers Resnick &Dym, Ltd.; and Emily Summers, Associate, Kempster, Corcoran, Quiceno & Lenz-Calvo. Covid-19 Representation The panel on representing clients during Covid-19 reported what could be expected, that the pandemic has resulted in serious backlogs of cases and processes. Attorneys are advised to try to keep in contact with their clients as the they struggle with uncer- tainty and anxiety produced by the delays. Even though it is beyond the attorney’s power to expedite the processes, clients are reassured if they know the attorney is keep- ing informed of the situation, are thinking of their case, and will contact them with any development. As one example of the delayed processes, biometric appointments, which are required for every applicant, have been cancelled extensively and are only slowly reopening. Estimates are that there are 1 million backlogged appointments. The USCIS is also extending deadlines sometimes for more than 30 days. The
panel suggested, however, that these exten- sions cause a certain amount of anxiety if the usual notices are not received and there is uncertainty whether the attorney can rely on the extension or should just prepare according to the original timeline. The panel clarified that stimulus checks are not counted under the existing “public charge” rules, which were mentioned in the first panel, and present a chilling effect on the immigrant communities’ willing- ness to apply for the public assistance for which they are qualified. The public charge rule, especially as modified under the last administration, indicates that any receipt of public assistance will be weighed negatively in applications for residence or citizenship in the United States. In Chicago, panelists mentioned that Master Calendar hearings are restarting in March 2021 telephonically. In addition, sample motions for removal defenses may be found at the Catholic Legal Immigra- tion Clinic, including rescheduling orders. Panelists were Margaret O’Donoghue, Supervisory Attorney, Law Office of Robert Ahlgren & Associates, member of the Chicago Chapter of the AILA; and Rocio Becerril, Law Office of RSB, Chair of the Immigration Section at the DuPage County Bar Association.
Miss the live presentation of this seminar? Watch the on demand version at learn.chicagobar.org (IL MCLE Credit).
Get Answers to Your Medicare Questions
The age of your spouse, the size of the company you work for, your income, themedications your take—all these factors help determine whichMedicare coverage is right for you. Schedule a 15-minute call with a licensed Medicare agent from IXSolu- tions at 888-239-4408 or visit www.ixshealth.com/pages/ cba-individual.
CBA RECORD 13
Welcome to the Club: The ISC Commission on Professional Mentoring Program by Nina Fain, CBA Record Editorial Board T he Illinois Supreme Court Com- mission on Professionalism (the Commission) was established
available mentors are in short supply. The CBA has learned that perceived time commitments and doubts about their ability to be an effective mentor are two of the major barriers that keep senior lawyers from deciding to become a mentor. Knowing that some mentees have been left unmatched in the past, the CBA therefore has stepped up its recruit- ment of mentors this year by emphasizing two points: (1) the virtual nature of the program (meet with a mentee remotely on a schedule that works for both), and (2) mentees and mentors receive six hours of Illinois professional responsibility MCLE credit for participation in the program (senior lawyers satisfy their own MCLE requirement while helping a young lawyer get acclimated to the practice of law). The CBA will host a free seminar in late spring to encourage and educate members about the rewards and benefits of mentoring. Attendees will receive IL PR-MCLE Credit (see details and regis- ter at learn.chicagobar.org). The goal is to identify and recruit 50 new mentors for prospective mentees, and we hope to feature more mentor pairs in an upcoming issue of this magazine. In this new initiative, the CBA is committed to partnering with the Com- mission to recruit mentors who want to bring their “A” games to help a new mentee. So, in this pandemic year, join us as a prospective mentor. Donate the time you have customarily spent dashing to trains or driving, and repurpose some of that reclaimed commuter time to talk to and guide a young lawyer to help them navigate this new world order of practice. You can learn more about the program at www.chicagobar.org/chicagobar/mentor- ing or contact CBA Young Lawyer Sec- tion Director Lindsay Wunrow at yls@ chicagobar.org.
“The mentor ing program has pro- vided me with the ability to engage with young attor- ne y s t o r ema i n current with issues facing our l egal profess ion. Thi s
several years ago to foster the highest standards of conduct by lawyers and judges. Consistent with this mission, the Commission sponsors several programs for lawyers to create opportunities for professional growth and career devel- opment. One such opportunity that is often overlooked by senior lawyers is an innovative mentoring program. The CBA, like many bar associations throughout Illinois, is a strategic partner in this endeavor. The program’s goal is to encourage new lawyers to seek out the guidance of experienced attorneys to learn about the practice of law and enhance their legal skills. However, an understated outcome of the program is that the senior lawyers who participate in it join a unique club where the rewards are mutual: senior lawyers can reap career-long benefits from being involved in a short-term program. Many of us have been mentored throughout our careers, and each of us has a warm memory about the lawyers who played an important role in our professional growth. Upon reflection, we find that the quality of that interac- tion has been at the root of why we now probably stop to cultivate and take time in our professional lives to mentor a young lawyer. That mentorship can be agreeing to meet for a (virtual) cup of coffee or a more formalized commitment. So, in this pandemic year, we are asking our senior lawyers to rethink giving back the time they used to spend in a commute each day to a young lawyer who needs a mentor. Each year a plethora of young lawyers register for the Commission’s program through their affiliation with the CBA but are turned away when it is found that
results in a more vibrant practice and diversity of thought by bringing seasoned attorneys together with those early in their careers. In return, it has given me the opportunity to transfer knowledge and life skills for a successful career to the new leaders in our legal profession. Our professional obligation is to pass the torch to the next generation of attorneys.” - Cathy L. Cupp, General Counsel Consultant, CLC Legal Services (mentor in the CBA/Illinois Supreme Court Commission on Professionalism’s program)
“The benefits I’ve taken away from the mentoring program can’t be measured. I wa s p e r f e c t l y matched withCathy. As a new attorney, I have benefited from Cathy’s expertise in
For additional information on the Illinois Supreme Court Commission on Professionalism’s mentoring program, visit www.2civility.org. To learn how to get the most out of your mentoring relationship – both virtual and in-person – follow the Commission’s blog. such a vast multitude of areas, covering both personal and professional development. 2020 was a difficult year for many, including myself, and I had a mentor who was able to guide me through it. The mentoring program has not only provided me a mentor but a friend. I’m very grateful for that!” - Grant Ossler, Counsel, The Motley Fool (mentee in the CBA/Illinois Supreme Court Commission on Professionalism’s program)
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CBA Committee & Seminars Update
By Jasmine Hernandez, CBA Record Editorial Board
Health Law Brad Dennis, partner at McDermott, Will, and Emery, discussed emerging trends in healthcare joint ventures at a recent meeting of the CBA’s Health Law Committee. Dennis discussed how joint ventures have increased as entities realize operational limitations, and the desire to build alliances to increase efficiencies and economies of scale. He addressed business, regulatory, and compliance issues, empha- sizing common regulatory and legal hurdles. In addition, Dennis explained joint venture structures and tax-exemption considerations. The presentation concluded with questions about the role and/or impact of unions in joint venture, ancillary joint ventures, and antitrust considerations. Members can view a recording of the presentation, “Healthcare Joint Ventures,” at learn.chicagobar.org. (Archived com- mittee meetings do not receive IL MCLE credit). Join the Health Law Committee at www.chicagobar.org/committees to receive notice of future meetings. Health &Wellness Wellness, including setting boundaries, creating a workable schedule, the importance of food and exercise, and mental health was the focus of a CBA program presented by Erin Clifford. She noted that while wellness – mental and physical – is important in the best of times, it is crucial right now. About setting boundaries, Clifford encouraged attendees to use their “no” button and be honest with themselves. “If you don’t want to do it now, you won’t want to do it later.” She stressed the importance of a workable schedule – regardless of whether the setting is in a home office or traditional setting. Building even 30 minutes of movement time into a schedule may help delineate responsibilities and make sure individuals are not in one location or position all day. Clifford encourages any types of movement and being consistent in the activity, whether it is walking three days a week for 30 minutes a day or 20 minute HIIT classes. Another suggestion was to make movement a group effort; for example, create a team challenge that could help build camaraderie with colleagues. The session also examined mental health, especially the importance of seeking assistance and staying connected with family and friends. Clifford discussed mindfulness, meditation, and practicing gratitude. The presentation concluded with suggestions aimed at helping those who have experienced loss or who suffer from long term issues as a result of Covid-19. The benefits of grief counseling as well as actions to honor loved ones were covered. As a final takeaway, Cllifford encouraged attendees to take the guilt out of self-care, to take care of themselves, and to do things that lead to joy and fulfillment. “Young Practical Action Plan for Wellness in 2021” is available for viewing at learn.chicagobar.org (IL Mental Health/Substance Abuse PR-MCLE Credit).
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CBA RECORD 15
Making the Case for Transparency and Reform in Plea Negotiations By Katie Liss, CBA Record Editorial Board P lea negotiations make up the essence of the criminal justice system. Earlier this year, CBA
President Maryam Ahmad welcomed Ohio Supreme Court Justice Michael P. Donnelly as a special guest speaker to discuss the criminal plea negotiation pro- cess and whether it should be reformed. The discussion was moderated by John W. Wilson, an assistant public defender with the Law Office of the Cook County Public Defender. Justice Donnelly pointed out that in 2018, over 97% of all criminal cases in Ohio were resolved through negotiated plea agreements. Because the vast major- ity of criminal cases are resolved through plea negotiations, he believes it is impera- tive for defense attorneys and prosecutors to have the ability to work fairly together with the public having full transparency of the plea negotiation process. Prior to joining the Supreme Court of Ohio in 2019, Justice Donnelly served as a trial judge on the Cuyahoga County Court of Common Pleas, General Divi- sion from 2005 to 2018. Before serving as a trial judge, he was an assistant Cuyahoga County Prosecutor from 1992 until 1997 and then spent seven years practicing civil litigation. In traditional plea negotiations in a criminal dispute, a proposed plea agreement is presented to the judge for approval, typically in the judge’s chambers with only the judge and the attorneys present. Following the presentation of the plea agreement, the judge determines whether to accept or reject it. Trial judges have broad and nearly unfettered discre- tion in making this decision. Unfortu- nately, disparate judicial philosophies exist regarding the judge’s role in the plea negotiation process. Justice Donnelly believes that therein lies the systemic flaw within our criminal justice system. For
Pictured at the PleaNegotiations seminar fromthe top left: Cook CountyAssistant PublicDefender JohnW.Wilson, CBAPresidentMaryamAhmad, andOhioSupreme Court Justice Michael P. Donnelly. To learn more about transparency and reform in plea negotiations watch the on demand recording at learn.chicagobar.org (IL MCLE Credit).
referred to as the major epiphany of his legal career: “[n]o stakeholder in the plea negotiation process, including the judge, should ever say anything in chambers and off the record that he or she would not repeat verbatim in open court while on the record.” Going forward, Justice Donnelly conducted his plea negotiations on the record as a trial judge for at least a decade and made several observations, as noted in his article entitled Truth or Consequences: Making the Case for Trans- parency and Reform in the Plea Negotiation Process published last year by the Ohio State Journal of Criminal Law. The public mistrusts the legal system because the public is kept in the dark, according to Justice Donnelly. A lack of full transparency causes people to naturally become suspicious. By having plea negotiations in public view with full transparency, the defendant can under- stand the details and process of the plea negations and voluntarily enter into a plea agreement. Justice Donnelly believes this type of transparency will help restore the
example, some judges view their role as a check on the entire process; some may have personal plea policies (e.g., they may refuse a proposed plea agreement that reduces a felony charge to a misde- meanor); some may view their sentencing power as solely and inherently within their authority as judge, and other judges may refuse to make any commitment at all regarding the sentence. As a trial judge, Justice Donnelly initially conducted plea negotiation discussions in chambers with both the prosecutor and the defense. However, after roughly a year of conducting private pretrial hearings as the neutral arbiter, he began to question why plea negotiations were not conducted in open court for the public to see and hear. He believed that it was not an efficient use of the court’s time to repeat what was said in chambers to the defendant in open court. Moreover, Justice Donnelly thought there is a lack of accountability without having a record of what was said during these negotiations. Justice Donnelly came to what he
16 March/April 2021
public’s trust in the courts. If there is a highly sensitive case that the defendant does not want publicized (e.g., sexual abuse allegations, mental health concerns, etc.), the defense can still protect those details by not outlining medical records or asking to place those documents under seal. Doing so would still allow a transpar- ent record on a plea agreement as well as
foster public trust of the criminal justice system. Additionally, having transparent plea negotiations will force attorneys to focus only on the merits (or lack thereof ) of the case. If the defense wants to mitigate its case or if the prosecution wants to pursue its charges, facts will need to be put on the record. Justice Donnelly believes that LEGAL SERVICES CORPORATION Notice of Grant Funds Available for Calendar Year 2022
by conducting plea negotiations on the record, each party’s position will focus on the established facts of the case, thereby creating accountability for everyone in the process, including the judge. This, in turn, will restore the public’s confidence in the criminal justice system.
The Legal Services Corporation (LSC) announces the availability of grant funds to provide civil legal services to eligible clients during calendar year 2022. In accordance with LSC’s multiyear funding policy, grants are available for only specified service areas. The list of service areas for which grants are available, and the service area descriptions are available at https://www.lsc.gov/grants-grantee-resources/our-grant-programs/basic-field-grant/lsc-service-areas. The Request for Proposals (RFP), which includes instructions for preparing the grant proposal, will be published at https://www.lsc.gov/grants-grantee-resources/our-grant-programs/basic-field-grant on or around April 15, 2021. Applicants must file a Pre-application and the grant application through GrantEase: LSC’s grants management system. Please visit https://www.lsc.gov/grants-grantee-resources/our-grant-programs/basic-field-grant for filing dates, applicant eligibility, submission requirements, and updates regarding the LSC grants process. Please email inquiries pertaining to the LSC grants process to LSCGrants@lsc.gov.
Local Solutions. Global Reach.
CBA RECORD 17
Chicago Bar Foundation Report
Sustainable Solutions to the Student Debt Crisis By Angela Inzano, CBF Director of Advocacy & Engagement A midst the welcome national atten- tion and commitments in the new Administration and Congress to
tackle the student debt crisis, the CBF held a briefing to discuss long-term and sustain- able solutions to this overarching problem. As recent law graduates are fully aware, lawyers often leave school with significant amounts of debt. For those choosing higher-paying career paths, the debt can be paid off in a reasonable amount of time. However, that debt burden can affect a lawyer’s ability to pursue and maintain a career they are passionate about, such as in legal aid and government, or building community-focused practices like attorneys in the CBF’s Justice Entrepreneurs Project. This leaves low- and middle-income com- munities without much-needed access to the full breadth of attorneys who want to serve them. This past summer, the CBF collaborated with a stellar pro bono team to craft the “Equality in Higher Education Financ- ing and Repayment Act” (EHEFRA), a legislative proposal that builds on years of advocacy for a comprehensive, long- term solution to the student debt crisis.
Source: The Chicago Bar Foundation
Advocacy Committee Co-Chair, Dawn Willis, the briefing panel also included the pro bono drafting team of Erin Turley and AllisonWilkerson, partners at McDermott Will & Emery, and DavidWhaley, partner at Thompson Hine LLP. You can learn more on the EHEFRA proposal on the CBF website or by con- tacting Angela Inzano, CBF Director of Advocacy & Engagement, at ainzano@ chicagobarfoundation.org.
The EHEFRA would fairly and equitably tackle the unsustainable levels of student loan debt that are exacerbating existing inequalities in our country and inhibit- ing economic recovery by creating a more rational, fair, and accountable system. The recent CBF briefing elaborated on the tenets of the EHEFRA and some fre- quently asked questions about the proposal. A recording is available for viewing on the CBF YouTube page. Moderated by CBF
Join the CBA Public Affairs Committee The CBA’s Public Affairs Committee is seeking new members to help invigorate its mission to assist in promoting the Asso- ciation’s communication messages, plans and strategies. The Committee also typically hosts one seminar a year focused on current legal events or a legal topic of interest to local media and the general public. To get involved, email PR Director Ann Glynn at email@example.com to be added to the committee’s roster.
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