CBA Record March/April 2022
MARCH/APRIL 2022 CBA
Inside the Issue: • Navigating the Speedy Trial Process • Responding to Subpoenas Seeking Electronically Stored Information • From the Bench: Judge Charles P. Kocoras • And more!
Margaret Battersby Black
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CBA RECORD CONTENTS
March/April 2022 • Volume 36, Number 2
4 Letter to the Editor
Remembering Archbishop DesmondTutu by Judge Sheila M. Murphy
INSIDE THIS ISSUE The Young Lawyers Section Issue: Come Together 20 The Importance of Coming Together By Tracy Brammeier 22 Navigating the Speedy Trial Process By Jarrad Woodson 26 Responding to Subpoenas Seeking Electronically Stored Information: 7 Basic Tips for Young Lawyers By Jake Berger 30 From the Bench: Judge Charles P. Kocoras By Kenneth Matuszewski 32 Paying It Forward: The YLS Mentorship Program By Ted Kontopoulos 35 What Has the YLS Done for You? Perspectives on Purpose & Participation By Kaitlin King & Ted Kontopoulos
6 President’s Page
Success in Law: Don’tWorry, Be Happy by E. Lynn Grayson
8 CBANews 16 Chicago Bar Foundation Report 18 The Pulse 36 HistoryWill Judge
The New American Renaissance by Nina J. Fain
40 LPMT Bits & Bytes Spring Cleaning by Anne Haag 42 Practical Ethics
Be Careful AboutWhat You Post by Trisha Rich
38 Women’s Video Archive Project 39 Women’s History Month Reading Suggestions CELEBRATINGWOMEN’S HISTORY MONTH
The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org. Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/oMembership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2022 by The Chicago Bar Association. All rights reserved. Reproduction inwhole or in part without permission is prohibited. The opinions and positions stated in signedmaterial are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.
LETTER TO THE EDITOR BY JUDGE SHEILA M. MURPHY ( RET. ) Remembering Archbishop Desmond Tutu
EDITORIAL BOARD EDITOR - IN - CHIEF Justice Michael B. Hyman Illinois Appellate Court
ASSOCIATE EDITOR Anne Ellis Proactive Worldwide, Inc.
I n the last issue of the CBA Record , Judge E. KennethWright, Jr., recalled Archbishop Desmond M. Tutu’s appearance at a CBA luncheon during Wright’s presidency. Th e Archbishop came to speak at the CBA that day because of a series of events that began several years before, when I represented Dominique Green, a young black man await- ing execution in Texas. Dominque read Archbishop Tutu’s book No Future without Forgiveness in the silence of his cell. He read the book carefully; the Arch- bishop’s words had a cathartic e ff ect on him. From then on, Dominique understood that we are all connected, that “a person is a person through other persons,” and that “[t]o dehumanize another inexorably means that one is dehumanized as well.” Dominique let go of his anger and grudges and resent- ment. He rose to forgive everyone who hurt him and help others on death row evict hate and welcome forgiveness. Federal law prohibited further motions in Dominique’s case. So, instead of being his lawyer, I became his “mother.” I wondered, what would it be like if Dominique could meet Archbishop Tutu? After all, the Arch- bishop’s book had opened Dominique’s heart. Dominique memorized some of the words of the book: “ Th us to forgive is indeed the best form of self-interest since anger, resent- ment, and revenge are corrosive… of that greatest good, communal harmony that enhances the humanity and personhood of all in the community.” Dominique read these words over and over until they became a part of his being. Author Th omas Cahill visited Dominique and was astonished at the spirituality of this young man facing death. I knew that Tom was a great friend of Archbishop Tutu. He called Archbishop Tutu and told him about Dominique. On a trip to the United States, the Archbishop visited the prison and spoke kindly to every prison guard. Th e guards were part of humanity or, in the words of the Archbishop, “Ubuntu.”
In his short life, Dominique shared his joy with ArchbishopTutu and me, and we talked and prayed together. Th ere was laughter, too. On October 28, 2004, Dominique’s last words to me were, “Continue the struggle to help people, especially children; know that they are part of humanity, that forgiveness can help the community no matter what.” Four years later, as CBA president, Judge Wright had invited my brother, Dr. Martin J. Murphy, Jr., to speak on wellness. Judge Wright toldMarty about his dream of having ArchbishopTutu address the Association, but that no one knew how to make that happen. Marty suggested Judge Wright talk to me. I contacted the Archbishop and he accepted with a caveat. “I will come, but you must help the people of Chicago learn forgiveness, and this will bring peace.” He said that Chicago needs restorative justice, which begins with forgiveness. And after forgiveness, comes repairing the harm. While restorative justice is becoming a part of our justice fabric, Chicago still needs to embrace forgiveness, still needs to develop public policies to repair the harm. But more than that, all of us need to follow the teach- ings and the life example of Archbishop Desmond M. Tutu.
SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Howard and Howard Attorneys PLLC
YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC Kaitlin King
Hart David Carson LLP Theodore Kontopoulos BKD LLP
Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Of fi ce Amy Cook Amy Cook Law LLC Nina J. Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Cli ff ord Gately Judge Jasmine Villa fl or Hernandez Circuit Court of Cook County Lynn Semptimphelter Kopon Kopon LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Of fi ce of Bonnie McGrath Clare McMahon Hoffenberg & Block LLC Pamela S. Menaker Clifford Law Of fi ces Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Robbins, Saloman & Patt, Ltd. Rosemary Simota Thompson
Sh e i l a M. Mu r p h y, a retired Cook County Circuit Court judge, is co-director of the Restor- ative Justice Project at the UIC Law and co-editor of Readings of Restorative Justice, Vandeplas Publish- ing, 2021.
A special note: I had just left the bench and was of counsel to Rothschild. Barry and Myers. Partners Ed Rothschild and John Co ff ey encouraged me to take the case. Assisting me were two law students from JohnMarshall Law School, Andy Lofthouse and RuthYacona, now Lofthouse, and a recently admitted lawyer, Ginger Odom, who currently serves as the Director of the Expungement Unit at the O ffi ce of the State Appellate Defender.
Judge E. Kenneth Wright, Jr. Circuit Court of Cook County
THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing
4 March/April 2022
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PRESIDENT’S PAGE BY E. LYNN GRAYSON Success in Law: Don’t Worry, Be Happy
The Chicago Bar Association www.chicagobar.org
what success in law means to him, and more importantly as his mom, making sure his personal and professional pri- orities remain front and center, so he is a happy and healthy lawyer. What I know is that the practice of law is about people and our relationships with one another. I believe that long-term success and happiness in law is associ- ated with how we feel about, and how others perceive, our personal integrity and reputation. I understand that the practice of law is a marathon and not a sprint. I have come to appreciate that some of the lessons we learn as children are equally important as lawyers. I fi rst read All I Really Need to Know I Learned in Kindergarten , by Robert Fulghum, shortly after I graduated from law school. Th e concepts of sharing, being kind, cleaning up your messes, and living a balanced life of work, play, and learning continue to resonate with me. Th is book reminds us that the golden rule is not just for chil- dren but should be a guiding principle for lawyers too. Distinguished CBA members were recently interviewed and asked to re fl ect upon their successful, long-standing careers and the life lessons learned along the way. Th ey commented on the signi fi - cance of civility and maintaining a good reputation. Th ey agree it is essential for lawyers to be thoughtful and considerate to everyone. Respected lawyers under- stand the importance of sympathy and understanding, along with civility and patience in communicating with clients and lawyers. Kindness, civility, and treat- ing one another with respect re fl ect the essence of the rule of law but also should
President E. Lynn Grayson
First Vice President Timothy S. Tomasik
Second Vice President Ray J. Koenig III
Secretary Kathryn Carso Liss Treasurer John C. Sciaccotta
W hat does it take to be a suc- cessful lawyer in today’s legal environment? What attributes identify a successful lawyer? What does success in law mean in the fast-paced, competitive, and ever-changing legal profession? If you are like me, your thoughts on how to measure success have likely shifted over time. Career ambitions and opportunities may have altered your original preconceptions, but perhaps not nearly as much as coming to understand what you need to be happy in your career, and more importantly–in life. In watching our son Joe’s progress through law school and seeing the legal profession anew through his eyes, I have given more thought to what success in law means to me. Th e advice I have shared with him along the way may seem a bit Pollyann-ish compared to the professional career counseling from his law school. Law school focuses on gainful employ- ment and short-term achievements upon graduation. In contrast, my thoughts are more in keeping with long-term planning, focusing on fi nding a place where he will enjoy the practice of law, fi guring out
Immediate Past President Maryam Ahmad
Executive Director Elizabeth A. McMeen
BOARD OF MANAGERS Michael Alkaraki
Hon. Charles S. Beach II Alexis Crawford Douglas Octavio Duran Nina J. Fain Robert W. Fioretti Malcolm “Skip” Harsch Risa R. Lanier Patricia L. McCarthy Hon. James M. McGing Hon. Clare Elizabeth McWilliams Juan Morado, Jr.
Brandon Peck Ashley Rafael Antonio M. Romanucci
Hon. Maria Valdez Sandra S. Yamate
6 March/April 2022
be viewed as a business imperative, criti- cal to a lawyer’s success. CBA member Ken Levinson recently shared some insights from profes- sional development coach James Clear that reinforced my life experiences. He emphasizes that being thoughtful, respectful, and kind have meaningful business implications. Clear’s quote reminds me of the importance of having a positive attitude and treating everyone with respect and kindness: “Being pleas- ant and having a good attitude is a simple way to become luckier. Opportunities come through people, and people are more likely to bring opportunities to people they like. It’s hard to win if your attitude adds friction to every interper-
sonal experience.” I had the privilege of interviewing Judge Sophia Hall as part of the CBA’s Women’s Interview Archive Project ear- lier this year.When asked what advice she would give young lawyers about success in law, she said they should fi nd their passion and learn what will make them happy, because happy people are viewed as successful. Th is statement instantly resonated with me, and I immediately realized she was correct—happy lawyers are successful lawyers. We all have natural skills, talents, and charms that collec- tively I refer to as blessings. Th ose bless- ings, individual and unique to each of us, are the key to fi nding what motivates us and what makes us happy, and ultimately
provides the path to success in law. Without a doubt, you need to be smart, responsible, and politically savvy to be successful in law or business. As lawyers, we must master the critical legal skills taught in law school -- but there are personal and professional traits that make a big di ff erence too. As to success in law, I know there is a place for all of us in the legal community where our blessings will be valued, and our individual contribu- tions rewarded. Most importantly, I know in my heart that a happy and healthy lawyer is a suc- cessful lawyer. Th is is the best advice I can share with Joe.
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CBA RECORD 7
CBANEWS Medical Malpractice, Probate andWrongful Death Cases Referred Through LRS By Ann Glynn, CBA Public A ff airs Director T he Lawyer Referral Service, a non- pro fi t public service of the Chicago Bar Association, remains a valuable for $58,000 for the referral, pursuant to its rules. Th e funds are being used to fund its LRS program and other services provided by the CBA in its ongoing e ff ort to make justice accessible for all.
for a year by allowing her to bear weight on it and to undergo physical therapy. Afterwards, the plainti ff was referred to a physician outside of defendants’ practice who con fi rmed that her ankle injury had been misdiagnosed. The lawyers who settled her motor vehicle case did not accept professional responsibility for her medical malpractice case. Th e plainti ff , a paralegal at a Chi- cago law fi rm, did not know any medical malpractice lawyers and her statute of limitations was running out. “ Th e plainti ff needed an attorney who had the resources and experience to fi ght the defendants and the large organiza- tions for whom they were employed,” said Etherton. “So, she called the LRS because she knew that the lawyers on the panels were vetted and experienced. “ Her case was settled after the plainti ff was deposed and before any additional depositions occurred or expert witnesses were disclosed. Th e CBA received a check
resource for the public to obtain experi- enced and vetted legal assistance as well as a crucial source of legal referrals for CBA members and non-members. In operation since 1940, LRS attorneys provide counsel in areas that include consumer protection, personal injury, domestic relations, estate planning, real estate, and employment law, among other areas of practice. Th ree recent cases have resulted from calls to the LRS. In the fi rst, LRS Chair Regina Etherton settled a medical mal- practice case in November 2021 for $1,165,000. Th e plainti ff , a 53-year-old female, su ff ered a fractured right ankle after being involved in a motor vehicle accident for which she was not at fault. She sought treatment, and the defendants wrongly diagnosed her condition as an ankle sprain. Th ey negligently treated her
In the second and third cases, a wrongful death case prosecuted by David Gilbreth was settled in November 2021, and a probate case prosecuted by Carolyn Coukos settled in January 2022. “ Th e LRS has more than 200 lawyers available who are experienced in more than 40 areas of law and speak several di ff erent languages,” said LRS Director Juli Vyverberg. “But we are always look- ing to recruit more lawyers with di ff erent expertise to our ranks. It’s a wonderful opportunity for attorneys to build their client base.” The LRS screens the initial public inquiry and matches the person with an attorney in the speci fi c legal area in which they seek guidance. On average, the LRS receives about 2,100 inquiries per month, resulting in 100 to 150 actual retained cases. On the third Saturday of every month, the CBA sponsors the “Call a Lawyer” program through the Lawyer Referral Service, making attorneys available to take calls from the public at no charge. CBA members and non-members are encour- aged to refer clients to the Lawyer Referral Service or consider joining the service to obtain legal referrals. For more information on the LRS program visit lrs.chicagobar.org or reach out to LRS Director Juli Vyverberg at firstname.lastname@example.org.
8 March/April 2022
It’s Where You Belong
Membership Dues Renewal The Chicago Bar Association
Renew by May 31 and Get Free CLE Coupons*
Dear Member: Simply put, it has been another extraordinary year for all of us. We know the practice of law has been forever changed. The legal profession continues to innovate and to improve how and where we practice law as well as how lawyers and the public interface with the judiciary. The CBA has been a leader in meeting the ever-changing needs of our members during these unprecedented times and I am proud of the work we have accomplished together. More so now than ever, participation in the CBA is critical to staying connected with colleagues, learning the latest developments in your practice area, and understanding the changes in the courts and the legal community impacting you and your clients. The CBA will continue to provide the exceptional, timely CLE programs you have come to expect. In addition, CBA members will benefit from new resources dedicated to professional development and lawyer well-being, personal career counseling, opportunities to improve your practice through training on marketing, improved IT and legal innovations, and possibly expand your practice by developing mediation and arbitration skills through special CBA programs. The CBA will celebrate its 150th anniversary in 2024. While we take pride in our many successes to serve our members and the greater legal community, we need your help to make sure the CBA continues to be the bar association you want, need, and deserve. In celebration of the upcoming 150th anniversary, we invite you to consider becoming a sustaining member and join other CBA leaders in making this commitment today. The CBA looks forward to another great year to challenge our members with virtual, hybrid and in-person programs, special events and activities. Please plan to join us for special programs and events in celebration of membership appreciation month in May. On behalf of the CBA Board of Managers, thank you for your continuing support of the CBA. We hope you will renew your membership and look forward to seeing you in person at the CBA
very soon. Sincerely,
Renew at www.chicagobar.org/renew, call 312-554-2020, or return your payment by mail. Thank you!
E. Lynn Grayson CBA President p.s. Renewal 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, retired member rates or information about sustaining members are all available upon request. Email email@example.com for details.
Renew by midnight May 31, 2022 and receive two (2) free CLE coupons from the West LegalEdcenter! Details at www.chicagobar.org/renew.
CBA Honors Judge Andrea M. Buford and Illinois Attorney General Kwame Raoul with Earl B. Dickerson Awards By Ann Glynn, CBA Public A ff airs Director T he Chicago Bar Association recog- nized two outstanding individuals who have fought for justice and
o ffi ce, Raoul has initiated legislation and new policies to reduce the long-lasting e ff ects of violence and to support survivors of violent crime. He has partnered with law enforcement to keep fi rearms away from dangerous individuals, to increase vigilance around violence in public spaces, and to uphold the integrity of public o ffi ces across the state. As leader of the Illinois Internet Crimes Against Children Taskforce, Raoul protects children from online predators through the o ffi ce’s High- Tech Crimes Bureau. He also safeguards Illinois consumers, holding accountable the industries that threaten public health and safety with products such as opioids and e-cigarettes. During the pandemic, he mobilized the o ffi ce to handle the in fl ux of consumer reports of price gouging and Covid-19-related scams. He also directed a multi-pronged response team for the thousands of complaints about workplace safety from Illinois workers. To view the Earl B. Dickerson Virtual Award Presentation visit www.youtube. com/chicagobar. O ffi ce spaces available at 200 N. LaSalle, 21st fl oor. This sublet features a brand- new office, fully furnished with bright southern exposure. It o ff ers free use of a large conference room, free internet, kitchen with large dining area and access to a copier. The suite is well-lit with a wide-open common area with additional tables and sitting areas. O ffi ces range in price from $1300-$1500 per month, with cubicles available for administrative sta ff . Lease term is negotiable. Photographs available upon request. Please direct all inquiries toAndyHays at ahays@hays fi rm. com or 312-626-2537. CLASSIFIED ADS
of the Circuit Court of Cook County, where she presides over cases involving abuse and neglect allegations. She chairs the Special Supreme Court Committee on Juvenile Courts and serves on the Supreme Court Committee on Equality, the Supreme Court Committee on Pro- fessional Responsibility, and the Illinois Supreme Court Judicial College, Com- mittee on Guardians Ad Litem. She also serves as a member of the Illinois Delega- tion to the National Judicial Leadership Summit. Prior to joining the bench, she focused her practice primarily on civil defense litigation, representing various corporations and municipalities. She served as a Commissioner on the Illinois Court of Claims, a Hearing O ffi cer for the State Board of Education, the Illinois Department of Human Services, and the Illinois State Board of Education. She was appointed a Federal Foreclosure Com- missioner, a Special Assistant Attorney General, and a Special Assistant Corpo- ration Counsel. Buford has also served as President of the Cook County Bar Association. She re-organized the Cook County Bar Association Foundation serv- ing as its fi rst “new” President and served as Chair of the Illinois Judicial Council. She also served as Economic Development Chair for the NAACP.
equality in the legal profession through- out their careers at the Earl B. Dickerson Virtual Awards in February. Th is year’s honorees were Judge Andrea M. Buford, Child Protection Division of the Circuit Court of Cook County, and Kwame Raoul, Illinois Attorney General. The virtual presentation was moderated by CBA Past President Judge E. Kenneth Wright, Jr. Th e award was established in honor of the late Earl B. Dickerson, who was an outstanding lawyer and among the fi rst African American members of the Chicago Bar Association. He devoted his life and professional career to the law and helping others gain equality and justice. Th e Chicago Bar Association established this special award to honor minority lawyers and judges whose careers emulate the courage and dedication of Dickerson in making the law the key to justice for all in our society. “ Th e 2022 Earl B. Dickerson Award honorees showcase the strength and pas- sion that de fi ned Earl Dickerson’s devo- tion to the law and to helping others gain equality and access justice,” said CBA President E. Lynn Grayson. “ Th eir service to the public and contributions to the justice system help to ensure fair and equi- table treatment for all in our community.” J u d g e A n d r e a M. Bu f o rd wa s appointed to the bench by the Illi- nois Supreme Court in April 2013 and retained her seat in the 2014 general election. Buford is assigned to the Child Protection Division
Il l inoi s At torney Gene r a l Kwame Raoul was born in Chicago to Haitian immi g r an t s . He brings a lifetime of l egal exper ience , advocacy, and public service to the o ffi ce
he has held since January 2019. Before being elected to the Attorney General’s o ffi ce, he served as an Illinois State Sena- tor for 16 years. In the Attorney General’s
10 March/April 2022
CLE & MEMBER NEWS It’s membership renewal time at the CBA! Despite the many challenges of the past year, we are proud to say that the CBA has stepped up to serve you in many new ways. We will continue to do so in the coming bar year. In April, all members will be mailed an annual dues renewal statement for themembershipperiod June 1, 2022- May 31, 2023. As a special incentive for renewingearly, if your dues payment is received byMay 31, you’ll receive two freeCLE coupons fromtheWest LegalEd Center (coupon details available at www.chicagobar.org). Renewing is easy: online (www.chicagobar.org), byphone (312-554-2020), or by mail. Adues installment planand fi nancial hardshipdues areavailable. All programs arenowvirtual at learn.chicagobar.org soyoucanaccess all CBA resources anytime, from anywhere. The CBA is your ultimate legal network with resources that can help you: • Access practical legal, business and technology skills • Keep pace with legal developments and trending topics • Start/growyour practice throughbusinessdevelopment programs Renew Your Membership and Receive FREE CLE Coupons The West LegalEdcenter can help you keep current in your practice area anywhere, anytime. With over 65 respected CLE providers, the West LegalEdcenter o ff ers hundreds of online CLE programs includingmost CBA andYLS seminars. And now, you can access two CBA seminars free on the West LegalEdcenter, simply by renewing your CBA membership by May 31, 2022. To receive this special o ff er, FREE Seminars fromWest LegalEdcenter We appreciate your membership and want to make your renewal easy. The following payment options are available: • Dues Installment/Auto Pay Plan: Spread your dues payments throughout the year by signing up for the Dues Installment/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 automatic credit/debit cardcharges. Email billing@chicagobar. org to enroll in this plan. • ReducedDues for Financial Hardships: Unemployedmembers and If your last name begins with A-M, you need to complete your 30 hours of Illinois MCLE credit by June 30, 2022, including one hour of mental health/substance abuse PR MCLE and one hour of diversity/ inclusionPRMCLE. Don’twait until the lastminute!Take advantageof the CBA’s free archived CLE webcasts and free noon hour committee meetings via live Webcast. Members can also access unlimited CBA Need Help Paying Your Renewal Dues? • Connect with local attorneys and judges • Meet your IL MCLE requirement for free
• Enhance your resume with speaking/writing/leadership opportunities • Prepare for career changes • Find work/life balance • Give back to the community • Save time and money Newer bene fi ts include: More free CLE on demand 24/7, practice area updates related to the pandemic, trial skills institute, practice basics series, solo/small fi rm bootcamp, mediation training and referral service, law firm marketing and business development programs, virtual judicial meet and greets, legal news feeds, personalized career counseling, young lawyer blog and podcast, how-to’s on legal and business software, and more. Most of these bene fi ts are free or very low cost. Visit www.chicagobar.org for full membership bene fi ts. We appreciate your past membership support and look forward to serving you in the coming bar year. Questions regarding dues statements should be referred to the CBA’s Membership Accounting Department at 312-554-2020 or firstname.lastname@example.org.
send in your dues payment by May 31, 2022 and make sure the CBA has your email address on fi le: the coupons are sent via email only (update your member pro fi le at www.chicagobar.org or send your email address to email@example.com). In June 2022 and January 2023, youwill receive anemail withyour free couponand registration information.
those with fi nancial hardships may request our reduced annual dues rate of $50. Email request to firstname.lastname@example.org. • Voluntary Contributions: The CBA’s membership renewal process also allows you to contribute to the following voluntary contribution funds: Bar Foundation/Legal Aid Fund, 150th Anniversary Fund and Sustaining Member Program Fund. If you have any questions regarding the renewal process, email email@example.com or call 312-554-2020.
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May is Membership Appreciation Month at the CBA! Free CLE seminars, special events and more. Details coming soon. Watch for email announcements and postings on our website.
CBA RECORD 11
The CBA’s 150th Anniversary: Celebrations and Future Plans By Ann Glynn, CBA Public A ff airs Director F ounded in 1874, Th e Chicago Bar Association is proud to be one of the oldest and most active met-
District of Illinois; Dani e l M. Kot in, Shareholder at Toma- sik Kotin Kasserman; Pa t t y McCa r t h y, Regional Sales Man- ager at Lexis Nexis; MartinMontes, Board of Director, Hispanic
Committee committed to serving the CBA membership, the courts, and the broader Chicagoland community by bolstering post-Covid legal practices; promoting diversity, equity, and inclusion initiatives; and raising awareness of socioeconomic issues facing individuals and communi- ties today.” Th e Committee includes lawyers and judges from a diverse cross-section of the legal, business, public service, and non- profit communities. Members include: Michael Alkaraki, Partner at Leahy Hoste Alkaraki; Charles S. Beach II, Associ- ate Judge of the Pretrial Division of the Circuit Court of Cook County; Daniel Berkowitz, Assistant Attorney General at Illinois Attorney General’s O ffi ce; Alison C. Conlon, Circuit Judge for the Illinois Circuit Court of Cook County; Daniel A. Cotter, Attorney at Howard & Howard Attorneys PLLC; Joy Cunningham, Jus- tice of the Illinois First District Appellate Court; Octavio Duran, Principal Attorney at Duran LawO ffi ces; Steven Fus, Attorney at Steve Fus Law and Interim Director of Cabrini Green Legal Aid; Maurice Grant, Principal Attorney at Grant Law LLC; LaShonda A. Hunt, Bankruptcy Judge for the US District Court for the Northern
ropolitan bar association in the United States. Our focus continues to be improv- ing the e ff ectiveness and e ffi ciency of the administration of justice; assuring access to a ff ordable and quality legal services to all; ensuring that bench and bar adhere to acceptable professional and ethical stan- dards; and, among other things, encourag- ing a bar that re fl ects the racial and ethnic diversity of the Chicago metropolitan area. As we approach our 150th anniversary in 2024, a Strategic Planning Committee has been convened to thoughtfully con- sider the future of the CBA. “In forming this Committee, we hope to challenge all members to make the CBA the bar association they want, need, and deserve,” said CBA President E. Lynn Grayson. “As we plan for the next 150 years, we must adapt o ff erings to support and advance legal careers as well as serve as a change agent for racial justice, the rule of law, access to justice, and improving the communities where we live and work.” Andrew W. Vail, Partner at Jenner & Block, chairs the CBA’s Strategic Plan- ning Committee. “We have a tremendous
Lawyers Association of Illinois; Kernisha Padilla, Con fl icts Attorney at Blank Rome LLP; Matthew A. Passen, Partner at Passen & Powell; Kenya A. Jenkins-Wright, Gen- eral Counsel of the Illinois Guardianship & Advocacy Commission; and Adam Zebelian, Associate at Schiller, DuCanto & Fleck, LLP. Serving the Committee as Special Advi- sors are StephenM. Elrod, Partner at Elrod Friedman LLP;. Rebecca R. Pallmeyer, Chief Judge of the USDistrict Court for the Northern District of Illinois; and Terri L. Mascherin, Partner at Jenner & Block LLP. Th e Committee looks forward to receiv- ing input from members on the strategic plan. Suggestions and input can be pro- vided to Andrew Vail at strategicplan@ chicagobar.org.
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12 March/April 2022
Thank You! The Chicago Bar Association Sustaining Members
Hon. Megan E. Goldish , Circuit Court of Cook County E. Lynn Grayson , Nijman Franzetti LLP; 2021-22 CBA President Malcom “Skip” Harsh , American Bar Association Keith A. Hebeisen , Cli ff ord Law O ffi ces Ross C. Heim , Ross C. Heim, PC John J. Held James F. Holderman , Holderman Dispute Resolution LLC John E. Horn , Horn & Kelley, PC Ray J. Koenig III , Clark Hill PLC William N. Krucks , Freeborn & Peters LLP Elizabeth E. Lewis , Turtle Wax Inc.; YLS Chair 1995-96 Kathryn C. Liss , DePaul University College of Law; 2016-2017 YLS Chair Michael R. Lufrano , Chicago Cubs Baseball Club, LLC Eric N. Macey , Novack and Macey LLP Richard A. Machonkin , McDonnell Boehnen Hulbert & Bergho ff LLP Patricia L. McCarthy, LexisNexis James S. Montana, Jr., Law O ffi ces of James S. Montana, Jr. Juan Morado , Benesch Friedlander Coplan & Arono ff LLP Carol M. Nielsen , Nielsen IP Law Jennifer T. Nijman, Nijman & Franzetti LLP, CBA President 2002-03 Michael F. Hupy Maureen P. Kelly Anna P. Kioutas
Hon. Nicole C. Patton , Circuit Court of Cook County Brandon E. Peck , Peck Ritchey LLC; 2018-2019 YLS Chair Kerry R. Peck , Peck Ritchey LLC; CBA President 1999-00 Ashley Rafael , Midway Moving & Storage, Inc. Trisha Rich , Holland & Knight LLP Antonio M. Romanucci , Romanucci & Blandin LLC Pradeep Y. Roy-Singh Jesse H. Ruiz , Illinois Deputy Governor; CBA President 2019-20 Mindy Salyer , Salyer Law O ffi ces LLC John C. Sciaccotta , Aronberg Goldgehn Ajay N. Shah , Globetrotters Engineering Corporation Robert J. Sharfman , Gomberg, Sharfman, Gold & Ostler Robert I. Spiegel Joseph J. Spingola , Attorney at Law Je ff rey B. Steinback Susan L. Theiss , LAF Chicago Jennifer Tomasik Timothy S. Tomasik , Tomasik Kotin Kasserman LLC Katherine A. Twardak , Tomasik Kotin Kasserman LLC Alfred W. Wieher , Alfred W. Wieher Vincent R. Williams , Vincent R. Williams & Associates PC Fritz V. Wilson , Best Vanderlaan & Harrington Douglas Wynne
As of March 3, 2022: Maryam Ahmad , Cook County State’s Attorney’s O ffi ce; CBA President 2020-21 Jonathan Amarilio ,Taft Stettinius & Hollister LLP; 2017-2018 YLS Chair Floyd Babbitt Bruce J. Baker , Illinois Bankers Association Hon. Charles S. Beach , Circuit Court of Cook County Leslie A. Bertagnolli Peter J. Birnbaum , Attorneys’ Title Guaranty Fund Inc. Tracy A. Brammeier , Cli ff ord Law O ffi ces, 2021-22 YLS Chair David A. Bryant , Bryant Legal Group Mary P. Chapin William F. Conlon Daniel Cotter , Howard and Howard Attorneys PLLC; CBA President 2014-15 Kevin P. Durkin , Cli ff ord Law O ffi ces; CBA President 2006-07 J. Timothy Eaton , Taft Stettinius & Hollister, LLP: CBA President 2013-14 Steven M. Elrod , Elrod Friedman LLP; CBA President 2018-19 Mark B. Epstein , Epstein & Epstein Robert W. Fioretti , Roth & Fioretti LLC Michael W. Ford Patrick J. Giese , Tomasik Kotin & Kasserman LLP Charles P. Golbert , Cook County Public Guardian
Support the CBA and Become a Sustaining Member! See details at www.chicagobar.org/chicagobar/sustaining or contact Membership Director Karen Stanton at firstname.lastname@example.org.
Black Excellence: In fl uential Black Corporate Directors and Advisors—How to Raise Your Pro fi le and Get a Board Seat By Daniel A. Cotter, CBA Record Editorial Board Member B lack History Month celebrates the achievements of African Americans and recognizes the critical role of
Black people in U.S. history. Recently, the DICE Committee of the CBA presented a program about Black excellence and service on the boards of for-pro fi t corpo- rations. Th e panel discussion centered on the need for greater diversity including minorities and women. Although corporate boards may not re fl ect the current US population, evidence shows that veteran African American business leaders and lawyers are sitting in C-suites, as CEOs and as Fortune 500 corporate board directors. Illinois now requires companies to disclose their female and minority board membership. In a recent session, the passage of HB 3394 amended the Illinois Business Corpora- tion Act to require publicly traded busi- nesses with principal executive o ffi ces in the state to report the number of women and minorities on their boards. Similarly, California, Washington, Massachusetts, and New Jersey have passed laws a ff ecting board diversity. In addition, Nasdaq’s new Rule 5605(f ) requires most Nasdaq-listed companies to have, or explain why it does not have, at least two diverse board mem- bers, including at least one director who self-identi fi es as female and at least one who self-identi fi es as an “underrepresented minority” or “LGBTQ+” (as such terms are de fi ned under Nasdaq rules). Th e SEC also requires publicly traded companies to provide a diversity matrix in their proxy statements showing board diversity. All panelists in the program spoke of their paths to becoming a corporate direc- tor and provided many valuable tips for lawyers wishing to become members of corporate boards, including: 01. Find a mentor. Panelists emphasized the importance of fi nding someone who can be a sounding board and
mentor you to prepare to become a board member. 02. Get involved with nonpro fi ts and the community. Get involved out- side of your law fi rm or company. By volunteering and getting to work on boards, you will meet people who are involved and expand your network, while developing board and leadership skills that are important to establishing your credentials as a future for pro fi t board member. 03. Network. In addition to volun- teer involvement, network and meet people. All of the panelists spoke of fi nding their fi rst board role and the paths all involved meeting someone through networking that then helped each achieve their goals of becoming a director. 04. Develop a board resume. Di ff erent than the normal CV, this document lists your skills and ways you can help fi ll a board’s needs. Topics such as ESG, privacy and cyber, and other important areas of expertise are often needed to round out a board’s expertise. 05. Understand the role of boards. Boards play an important role in overseeing the various functions of the orga- nization and holding management accountable for achieving the goals and missions of the organization.
06. Make it an aspiration but not obses- sion. One panelist mentioned that one of his mentors told him that the best and most important role you can have is the one you currently have. If successful, more will follow. 07. Recognize lawyers not often on public boards. While it does happen, many organizations look to lawyers as problem solvers in the legal arena. To distinguish and make yourself attrac- tive, fi nd ways to show your leadership, work ethic, and business expertise, as most organizations and your network will not see you in your day role. Highlight your skills and di ff erentiate your work experience from potential director roles. Have an elevator speech of what makes you valuable as a pro- spective board member. 08. Understand the process. Many public companies today outsource to fi rms who fi nd potential board members. Reaching out and having a discussion with one of these fi rms can help you achieve your goal. 09. Be alert to organic training. Panelists discussed organic training versus that obtained via a program that bestows a certi fi cate. Many programs exist that promise to train individuals to become board-ready. Th e panelists noted that some programs can be of value, but
14 March/April 2022
Addison-Clifton, LLC, a global trade com- pliance fi rm; Member, Foot Locker Inc. Board of Directors; Member, Manpower Group Board of Directors; and Member, WEC Energy Group Board of Directors. At the end of the excellent discussion, Weathersby presented the three panelists with the inaugural DICE Diversity Cham- pions awards. Anyone interested in learning more can watch the on demand version at learn. chicagobar.org (IL Diversity/Inclusion PR- MCLE Credit)
that organic learning through your day job is the best way to be ready to become a board member. 10. Sleep real fast. Board membership requires a lot of work and time. Th e panelists all suggested that if you get that board seat, begin by reading the materials provided in their entirety, and talk to your fellow board members. While the money is nice, none of the panelists would be on boards if the experience was not meaningful and valuable. However, all talked about sacri fi cing other things to be able to be an e ff ective board member.
Th e panel was moderated by the DICE Committee’s Black History Month Chair, Greta Weathersby, Senior Corporate Counsel, WEC Energy Group, Inc. She was joined by three seasoned C-suite executives and general counsels: Desiree Ralls-Morrison, Executive Vice President, General Counsel, Corporate Secretary, McDonald’s Corporation; Legal Advi- sor to Board of Directors; and member, Dick’s Sporting Goods Board of Directors; Charles Matthews, President, Peoples Gas and North Shore Gas, Member, BMO Financial Corp. Board of Directors; and Ulice Payne, President and Founder,
Developed speci fi cally for the legal industry, LawPay allows you to easily and securely accept credit, debit, and eCheck payments anytime, from anywhere. Our proprietary technology prevents commingling of earned and unearned funds and protects your trust account against any third-party debiting—ensuring compliance with ABA and IOLTA guidelines. We’re also committed to providing an exceptional support experience and o ff er on-demand support from our in-house team of experts via phone, email, and live chat. Stop chasing overdue invoices and start getting paid with a trusted pay- ment solution from a proud Chicago Bar Associationmember bene fi t provider. Get started at www.lawpay.com/member- programs/chicago-bar.
My Hero Award Recipient Derrick M. Thompson, Jr. Taft Stettinius & Hollister 2022
JOIN US for the Lawyers Lend-A-Hand to Youth
Spring Award s Celebration
Thursday, April 28, 2022 Four Seasons Hotel Chicago | Cocktails 5:30 p.m. | Dinner 6:30 p.m. | $250 per person
Abraham Marovitz Philanthropic Award Recipients Patrick and Lindy Salvi Salvi, Schostok & Pritchard
Proceeds to benefit Lend-A-Hand Tutoring at the CBA,which serves students from the Englewood community.
For tickets or sponsorship information, please contact Kathryn McCabe at email@example.com or (312) 554-2041. Tickets can also be purchased by visiting: bidpal.net/LAH.
CBA RECORD 15
Chicago Bar Foundation Report
Value-Based Pricing: New Pricing Toolkit 2 . 0 Helps Improve Service and Expand Access By Jessica Bednarz, CBF Associate Director of Innovation & the Justice Entrepreneurs Project O ne of the biggest impediments to a ff ordable legal help in the con- sumer and small business market
buy the value lawyers provide in solving their legal problem. Clients evaluate legal services based on value and price. Unfor- tunately, most businesses, including law fi rms, tend to focus only on price because it is easier to understand. Value is harder to de fi ne. Yet understanding what your clients value is critical to pricing your services, improving your o ff erings, and creating new ones. While value comes in many forms, it is ultimately de fi ned by the client and what’s important to them. Our job as lawyers is to understand what the client values and how we can deliver it. One way lawyers can o ff er value to clients, in addition to solving their legal problem, is by o ff ering a predictable price. Fixed fees by task or phase or case, subscription fees, contingency fees, and hybrid fees are just a few examples of fee structures that have worked well and have become the norm for companies in other industries and for lawyers in the CBF Jus- tice Entrepreneurs Project (JEP). With an up-front price, potential clients can assess whether they can a ff ord the services at the outset of a matter. Not surprisingly, the response from clients has been overwhelm- ingly positive. The CBF Pricing Toolkit Learning how to price based on value instead of time isn’t easy. Th e CBF discov- ered in the early stages of the JEP that there
is that pricing is largely opaque. People who might be able to a ff ord the legal help they need may not even try to get a lawyer because they have no idea of the cost. Th ey cannot simply write a blank check. Unfortunately, that is what most lawyers are essentially asking them to do. At the same time, more lawyers are seek- ing to move away from the billable hour, which leads to unpredictable cash fl ow and unpaid invoices, and can result in reduced well-being and burnout. How can lawyers o ff er more transpar- ency, predictability, and accessibility to legal consumers while also creating con- sistent cash fl ow and increasing collection rates and well-being? By moving away from the billable hour and implementing value- based pricing. Th at is where the Pricing Toolkit 2.0 comes in. Shifting to Value-Based Pricing Lawyers often think that their clients are buying their time. But are they really? Th ink about it for a minute. When you last purchased professional services, were you buying the professional’s time, or were you actually buying something else, such as a solution to the problem you had? Legal consumers are not interested in buying a lawyer’s time. Instead, they
are few practical pricing resources. Th is led to the creation of the fi rst iteration of the CBF Pricing Toolkit and an in-house series of related pricing trainings in 2016. Th e fi rst Pricing Toolkit was well-received by lawyers across the country and beyond and was recognized in 2017 by the ABA Standing Committee on the Delivery of Legal Services with the Louis M. Brown Award Meritorious Achievement Honor. Th rough our JEP attorneys and others, the CBF has learned a great deal since 2016 and wants to share these learnings with the greater legal profession. Th e Pricing Toolkit 2.0 compiles those learnings and is a collaboration between the CBF and On Purpose Legal (OPL). Helping lawyers
16 March/April 2022
learn how to price based on value instead of time is a core strategy for both the CBF and OPL to increase access to justice and promote a healthier, more sustainable practice of law. Th e PricingToolkit contains the follow- ing resources: • 4-Step Framework & Worksheet
• Sample Process Maps • Engagement Agreement Checklist • Sample Engagement Agreement Clauses • Additional resources for further reading Visual and audio learners can digest the information in the video formatted free course. How to Get Started Feeling inspired and ready to get started?
Lawyers can access both versions of the Pricing Toolkit on the CBF website and at www.thepricingtoolkit.com. Questions about the Toolkit itself or pricing more generally can be directed to Jessica Bednarz, the CBF’s Associate Director of Innovation & the JEP, at 312-554-9939 or jbednarz@ chicagobarfoundation.org.
• Value Pyramid Worksheet • Fee Arrangement Matrix
The 2022 Investing in Justice Campaign Justice People Deserve, Not Just What They Can A ff ord
Nielsen Career Consulting Career Counseling For Attorneys Coaching support for your career in or out of the law • Career Transition • Job Search • Interview Prep • Professional Development • Difficult Workplace Guidance • Wellness Support Over 30 years of experience counseling over 5,000 lawyers and other professionals.
This springmarks the 16th annual CBF Investing in Justice Campaign, a commu- nity-wide e ff ort through which thousands of attorneys and legal professionals at more than 150 participating law fi rms, corporations, 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 people who can a ff ord it. Each year, the CBF dedicates 100% of individual Campaign contributions toward the direct support of more than 30 pro bono and legal aid organizations and related initiatives, which hasmade possiblemore than $700,000 in additional funding from the CBF’s foundation and government partners. Since 2007, the Campaign has raised more than $18 million to support these critical services, and that has leveraged millions more in additional funding for this work. While we all have important roles to play as individuals, and we all support a wide variety of worthy causes, the Campaign is our opportunity to come together as a legal community and to help ensure that all Chicagoans have equal access to our justice system. Through the Campaign, we canmake the 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. The CBA again is one of the organizations participating in the Campaign. We encourage all CBA members to contribute at chicagobarfoundation.org/ campaign.
Sheila Nielsen, MSW, JD firstname.lastname@example.org
A recent CBA Law at the Library session tackled cleaning up your credit, including strategies to tackle credit card debt, how to improve a credit report, and tips to manage credit. This program is presented in partnership with the Evanston Public Library and the Chicago Public Library. The free video is available on the Evanston Public Library YouTube channel.
CBA RECORD 17
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