CBA Record March-April 2023
March/April 2023 CBA
THE YOUNG LAWYERS SECTION ISSUE BUILDING BRIDGES 2022-2023
Inside this issue: Advice for New Attorneys: How to Be A Better Associate Why Billing is Crucial What Teaching Taught Me About Succeeding as an Attorney Résumé Review: Breadth and Depth
Margaret Battersby Black
Since 1992, Levin & Perconti has recovered nearly $1BILLION dollars in verdicts and settlements for our clients, including multiple record-setting results.
Nursing Home Negligence | Medical Malpractice Birth Injuries | Serious Auto Accidents Wrongful Death Litigation www.levinperconti.com
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CBA RECORD CONTENTS
March/April 2023 • Volume 37, Number 2
Editor’s Briefcase Advice for Young Lawyers (and Not-So-Young Lawyers) by Justice Michael B. Hyman President’s Page Promoting Diversity in the Legal Profession with Illinois LAW Pathways by Timothy S. Tomasik
It’s the Good Advice That You Just Didn’t Take By Daniel Berkowitz How to Be a Better Associate: Minimizing Stress (on Yourself and Others) By Brian M. Bentrup THE YOUNG LAWYERS SECTION ISSUE: ADVICE FOR YOUNG LAWYERS
8 CBA News 20 Chicago Bar
Why the Art of Billing is Crucial By Paige N. Fox
What Teaching Taught Me About Succeeding as an Attorney By John Anders
22 The Pulse 38 Summary Judgments
34 Résumé Review: Breadth and Depth By Patrick Barry 32- 36 Plus… Precise Advice: Advice for Young Lawyers from Young Lawyers Andre Hunter, Jr., Aaron Kacel and Kernisha Padilla
Tombs of Little Egypt by Judge James Varga Reviewed by Clare McMahon
39 History Will Judge
The Future of Social Justice by Nina Fain
40 Practical Ethics
Legal Ethics Basics for Young (and Young-ish) Lawyers by Trisha Rich
42 LPMT Bits & Bytes
8 Technology Must-Haves for the New Lawyer by Anne Haag
About the Cover: Young Lawyers Section Leadership Front row: Chair Daniel Berkowitz, Aronberg Goldgehn; Second Vice Chair
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/o Membership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2023 by The Chicago Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.
Kenneth Matuszewski, Goldberg Segalla; Director Andre Hunter, Gordon & Rees; YLS Journal Editor Theodore Kontopoulos, Forvis; Member Service Manager Gavin Phelps, Phelps LLC; Public Service Manager Margaret Mendenhall Casey, City of Chicago Community Commission for Public Safety and Accountability; and Project Officer Aleksandra Petrovic, Damisch & Damisch Ltd. Second row: First Vice Chair Martin Gould, Romanucci & Blandin; Special Project Coordina tor Bianca Ciarroni, Taft Law; and Special Project Coordinator Cha’yra Eddie, Faegre Drinker. Top row: Director Michael Kozlowski, Esbrook Law Ltd.
EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF Advice for Young Lawyers (and Not-So-Young Lawyers) T here’s no instruction manual on how to thrive after law school. Each of us must learn for ourselves through experience (a/k/a “practice”), which leads to awareness, and then understanding, and maybe, possibly, hopefully, translates to realizing our best self. What it takes has remained true for generations of lawyers—being an honorable and kind person. Sacrifice of personal or professional core values for temporary gain often comes with consequences that impact relationships and career. Sure, a lawyer can be greedy, condescending, narcissistic, a bully, a hypocrite, etc., and still succeed, but at what cost? Is it worth the inevitable damage to stature in the legal community? To trust worthiness? To self-esteem? Over 2,000 years ago, Cicero said, “If you pursue good with labor, the labor passes away but the good remains.” Here is some more advice that applies to lawyers at any stage of their career. Find caring and talented colleagues and friends who have much to teach if asked or observed. Seek to imitate lawyers and judges who excel. Also, acquire a mentor or two. I have been fortunate to have had mentors throughout my life, including today. Since graduating law school, my mentors have been incredibly wise women and men who shared their passion for law, for equity and inclusion in all facets of society, and for maintaining the highest professional and ethical principles. Mentors should be lawyers you can count on to say what you need to hear, even if you don’t want to hear it. A mentor is coach and cheerleader; guidance counselor, teacher, and advice-giver; and sympathetic ear and patient shoulder. In the words of Michelle Obama, “Find people who will make you better.” Integrity and honesty are other essential characteristics. The legal system depends on lawyers embodying both traits. Yet situations arise, especially for less experienced lawyers, that can test their resolve to act in accord with the ethical rules and their conscience. Making the right decision can be challenging. But no case, no transaction, no client, no legal victory, no amount of money, and no job is more important than your license and your self-respect. Have the courage to stand firm when convinced of your rectitude. Dishonesty tends to beget more dishonesty; a lie tends to require more lies. Like integ rity, once tarnished, a lawyer’s character stays suspect. Finally, I offer a string of advice that I have held onto tightly since the beginning: • Welcome challenges as opportunities to stretch yourself. • Far better to ask than to assume. • Profit from mistakes; draw strength from adversities. • Compromise is winning, not losing. • Performing pro bono lifts people, you most of all. • Two words that describe the duty of every lawyer: “Give back.”
EDITORIAL BOARD EDITOR-IN-CHIEF
Justice Michael B. Hyman Illinois Appellate Court
ASSOCIATE EDITOR Anne Ellis Proactive Worldwide, Inc.
SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Howard and Howard Attorneys PLLC YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC Theodore Kontopoulos FORVIS Nikki Marcotte Tabet DiVito & Rothstein LLC Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Aronberg Goldgehn Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Kirby McInerney LLP Clifford Gately Quarles & Brady Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Kaitlin King Hart David Carson LLP Lynn Semptimphelter Kopon Kopon LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Hoffenberg & Block LLC Pamela S. Menaker Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Robbins DiMonte, Ltd. Rosemary Simota Thompson
Judge E. Kenneth Wright, Jr. Circuit Court of Cook County
• Remember that each day is a miracle that never repeats. • A day should not end without setting aside time for yourself. • How you say something can be more revealing than what you say.
THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing
4 March/April 2023
• Try and zip the lip from slips. • Set short- and long-term professional goals and regularly review your progress. • Get it in writing. • Laugh at yourself. • Show gratitude and humility. • Take responsibility for your actions. • Every person, no matter their circumstances, deserves respect and dignity. • Don’t stand by idly when you recognize an injustice. • Transform insights into ideas, ideas into action, and action into change. • Be diligent. Be disciplined. Be determined. • Facts are not influenced by personal beliefs or feelings. • Acknowledge your prejudices and then be vigilant about them. • Self-development presupposes going beyond your comfort zone, and taking risks. • Opponents need not become friends, but neither should they become enemies. • And finally, never, never lose sight of your humanity.
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Rehearing “Tell me, what is it you plan to do / with your one wild and precious life?”
— Poet Mary Oliver
The CBA Board of Managers gathered for their January meeting. Seated: CBA Executive Director Beth McMeen; CBA First Vice President Ray Koenig III, Clark Hill PLC; CBA President Timothy Tomasik, Tomasik Kotin Kasserman, LLC; CBA Second Vice President John Sciaccotta, Aronberg Goldgehn; and Immediate Past President E. Lynn Grayson, Nijman Franzetti LLP. Standing from Left: Judge Allen Walker, Circuit Court of Cook County; Judge Mary Rowland, United States District Court for the Northern District of Illinois; Michael Alkaraki, Leahy Hoste Alkaraki; Risa Lanier, Cook County State's Attorney's Office; Anthony Fata, Kirby McInerney LLP; Naderh Elrabadi, Elrabadi Law; YLS Chair Daniel Berkowitz, Aronberg Goldgehn; Patty McCarthy; Louis Apostol, Public Administrator for Cook County; Cynthia Grandfield, Del Galdo Law Group LLC; Robert Fioretti, Fioretti Campbell LLC; Eirene Salvi, Salvi, Schostok & Pritchard P.C.; Judge James McGing (ret.), Miller & McGing Law Firm; Kevin Thompson, Levin Ginsburg; and Malcom Harsh, American Bar Association. Not pictured: CBA Secretary Kathryn C. Liss, DePaul University; CBA Treasurer Nina Fain, JSS Family Trust; Octavio Duran, Duran Law Offices; Jeffrey Moskowitz, Moskowitz Law; Matthew P. Walsh II, Hinshaw & Culbertson; and Sandra Yamate, IILP.
Mechanics Liens and Construction Claims
CBA RECORD 5
PRESIDENT’S PAGE BY TIMOTHY S. TOMASIK Promoting Diversity in the Legal Profession with Illinois LAW Pathways
The Chicago Bar Association www.chicagobar.org President Timothy S. Tomasik First Vice President Ray J. Koenig III Second Vice President John C. Sciaccotta OFFICERS
graphic about the entering law school class of 2022 reports that this class is the most diverse in history. Using data collected by the ABA, the Law School Admission Council says that in the entering class of 2022, 36.6% of the class identifies as racial/ethnic minorities. However, these demographics are unlikely to continue to improve without sustained action that is substantial, strategic, and intentional. Anticipating this, the CBA is acting by partnering with the Institute for Inclusion in the Legal Profession (IILP). The CBA has always been proud to support the important mission of the IILP, whose core philosophy is clear: the legal profession must be diverse and inclusive. IILP believes that “Diversity and inclusion is first and foremost a matter of social justice. The demo graphics of our society are changing. Our system of justice, which repre sents one of society’s most fundamen tal values, requires a legal profession that is contemporary in composition and has an outlook that is in sync with the society it serves. It is intolerable for the legal profession to lag behind other professions in diversity and inclusion. Market intervention is necessary for real change.” Sandra Yamate, the CEO of IILP, is a trailblazer who has dedicated her career to creating a more diverse and inclusive legal profession through research and creative programing. Yamate tirelessly conducts research and interacts with legal professionals around the country and internation ally to improve diversity and inclu
Secretary Kathryn Carso Liss
Treasurer Nina Fain
Immediate Past President E. Lynn Grayson
T he legal profession remains one of the least racially diverse professions in the United States, according to the Bureau of Labor Statistics and U.S. Census. Diversity in the law currently sits at a meager 16.5%, a startling number when compared to actual population demographics: • African Americans make up 13-14% of the U.S. population, yet only make up 5.5% of lawyers. • Hispanics make up 18.5% of the U.S. population, but only 6.1% of lawyers. • Asian Americans make up 5.9% of the U.S. population, but only 4.9% of lawyers. • Native Americans make up 1.3% of the U.S. population, but only less than .2% of lawyers. These statistics are sobering. This lack of diversity is particularly disturbing given the important roles that lawyers play in our community, not only as practitioners, but as government and public officials, legislators, civic and community leaders, and teachers. But there is cause for cautious opti mism. The most recently released demo
Executive Director Beth McMeen
BOARD OF MANAGERS Michael Alkaraki Louis G. Apostol Octavio Duran
Naderh Elrabadi Anthony F. Fata Robert W. Fioretti
Cynthia S. Grandfield Malcolm “Skip” Harsch Risa R. Lanier Patricia L. McCarthy Judge James M. McGing Jeffrey Moskowitz Judge Mary Rowland Eirene N. Salvi Kevin Thompson Judge Allen P. Walker Matthew P. Walsh II Sandra S. Yamate
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sion in the Illinois legal community. Her work recently introduced her to Pamela C. Enslen, Executive Director of California LAW Pathways, a state- and privately- funded organization established through the assistance of Cal ifornia’s legal organizations. California LAW Pathways has been able to provide a clear educational pipeline for diverse students from high schools, community colleges, and four-year institutions into law school and law-related careers. It is through this outstanding model that the CBA aims to increase diversity in the Illi nois legal profession. The CBA is proud to partner with IILP in developing a statewide program akin to that in California that will aim to estab lish a pipeline of diverse students into law or law-related careers, to ensure that the legal profession reflects the diverse popu lation of Illinois and the United States. Our program is called “Illinois LAW Pathways.” Our mission is simple: A com prehensive pipeline program to foster and support, from ninth grade through either admission to the bar or full-time employ ment in a law-related career, the entry and full participation of individuals who are racial/ethnic minorities, identify as LGBTQ+, or have disabilities that subject them to bias about their ability to practice law in the legal profession and law-related career. The CBA is proud to lead the develop ment of Illinois LAW Pathways and will serve as its fiscal agent. The program will initially emphasize geographic areas that have the greatest demographic concentra tions of the target student audience; even tually, it will operate throughout Illinois. It will consist of many participating high schools, community colleges, four-year institutions, and law schools, with poten
tial later expansion into earlier levels of education. Of course, the program will affiliate with other bar associations and bar foundations across the state to develop support and membership. During the school year, Illinois LAW Pathways will provide mentoring and cre ative educational programs that expose students to the law to prepare them for a law-related career. We will supplement educational curricula, emphasizing civics, constitutional legal history, research, writ ing, and, of course, debate. We intend to host events throughout the year that offer students, faculty, and administrators the opportunity to learn more about how we can foster interest in the legal profession and provide resources to turn interest into action. Our programming will include an Annual Summit to provide an opportu nity for law practitioners and educators to bring all stakeholders together to pres ent educational updates, provide inspira tional/practical information, and foster a statewide feeling of community among all participants. Among other activities, Illi nois LAW Pathways will host a Law Day event every April to create meaningful dis cussions about the legislative process and rulemaking powers of municipal, state, and federal governments. The program also will host an annual Constitution Day event each September to commemorate the signing of the U.S. Constitution in Philadelphia by the delegates to the Con stitutional Convention. The event will celebrate the importance of the Rule of Law with keynote speakers. The CBA Strategic Planning Commit tee issued a brilliant report in 2022 under the leadership of Past CBA President E. Lynn Grayson and Chair Andrew Vail that identified a series of goals that serve the CBA’s core values and mission. A pri
mary recommendation was for the CBA to continue to be at the forefront of efforts to improve diversity, equity, and inclu sion in the legal community. Specifically, the committee’s report “recommends that the CBA lead by example, implementing a form of a ‘Mansfield Rule,’ named for Ara bella Mansfield, the first woman admitted to practice law in the United States.” The report recommends that the CBA encour age Chicago area law firms and legal orga nizations to follow suit. As stated in the report, “[t]he Mansfield Rule measures whether law firms have considered women and attorneys of color for at least 30% of the candidate pool for leadership and gov ernance roles, equity partner promotions, and lateral positions.” The Illinois LAW Pathways program is designed to squarely answer this call to action. By creating this new program and pipeline, the CBA not only will empha size diversity and inclusion, but will go beyond that by developing a robust pipe line helping diverse candidates become law students, enter the legal profession, and eventually become successful lawyers and judges. We have assembled a formidable Steer ing Committee to oversee the early imple mentation and immediate actions of the Illinois LAW Pathways that will later lead to a Board and Leadership Coun cil. Through the steady leadership of trial lawyer Robert A. Clifford, Executive Director of the Illinois Supreme Court Commission on Professionalism Erika Harold, Dean Jennifer Rosato of DePaul Law School, CBA Vice President Ray Koenig, IILP CEO Sandra Yamate, attor ney Lawrence J. Suffredin, and Past CBA President Maryam Ahmad, we are excited to be moving forward with Illinois LAW Pathways to increase diversity in our legal profession.
Volunteer Opportunity The YLS Business Transactional Law Committee is hosting a Virtual Law Student Transactional Negotiation Competition on April 1 and 2, 2023. The goal of the competition is to provide law students with an opportunity to practice their legal skills outside of the courtroom and learn more about transactional law. The Committee needs volunteer lawyers to help with the execution of the competition. If you are interested in learning more, send an email to firstname.lastname@example.org.
CBA RECORD 7
Korematsu v. United States: Fred Korematsu and His Fight for Justice By Trisha M. Rich, CBA Record Editorial Board Member
A live trial reenactment of Kore matsu v. United States was jointly sponsored by the CBA's DICE Committee (Diversity, Inclusion, Cul ture, Equity, and Engagement), the Young Lawyers Section, and the Japanese American Bar Association of Chicago. Following the Japanese Navy's attack on Hawaii's Pearl Harbor on December 7, 1941, then-President Franklin D. Roo sevelt issued an Executive Order autho rizing the Secretary of War to designate specific geographic areas as military zones and incarcerate nearly 120,000 Japa nese Americans in internment camps, in response to fears that Japanese Ameri cans would be sympathetic to Japan and engage in espionage activities adverse to the United States. Korematsu, who was born in Oakland, California, was the son of Japanese par ents who had immigrated to the United States in 1905. He was 23 years old when Executive Order 9066 was issued. In May 1942, Japanese Americans were ordered to report to centers to prepare for being forced into the internment camps. Kore matsu refused to comply, and instead
went into hiding. Later that month, he was arrested while walking down a street in San Leandro, California, on suspi cion of being Japanese. Korematsu was charged under a federal law that criminal ized noncompliance with military reloca tion orders. At the time of Korematsu's arrest, the San Francisco office of the American Civil Liberties Union was being led by Execu tive Director Ernest Besig, who had read several local newspaper articles related to the arrest. Besig visited Korematsu in jail to see if Korematsu would be willing to challenge the constitutionality of his arrest; Korematsu agreed. Korematsu's criminal trial took place in September 1942. At the trial, Kore matsu testified that he had tried to regis ter for the draft to volunteer for the Navy, that he was "ready, willing, and able to bear arms" for the United States, and that he couldn't read or write Japanese and had never been to Japan. Nonetheless, the federal judge found Korematsu guilty, sentenced him to five years of probation, and sent him to an internment camp located in San Bruno, California.
Korematsu appealed the case to the U.S. Court of Appeals for the Ninth Circuit, which upheld the trial court's decision that Korematsu had violated military orders. Korematsu was granted cert, and the Supreme Court heard his case in October 1944. Two months later, a 6-3 Supreme Court decision, written by Justice Hugo Black, upheld Kore matsu's conviction, ruled that the evacu ation order was valid, and found that it was unnecessary to address Korematsu's claims of race discrimination. The major ity acknowledged that because the order applied only to people who were Japa nese or of Japanese decent it was subject to strict scrutiny, but found that the due to the "grave imminent danger to public safety," there was a sufficient relationship between the order and the prevention of espionage. In a fiery descent, Justice Robert Jackson wrote that Korematsu was "convicted of an act not commonly thought a crime. It consisted merely of being present in the state whereof he is a citizen, near the place where he was born, and where all his life he has lived." Justice Jackson wrote that the exclusion
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order legalized "the ugly abyss of racism," and that it violated the Equal Protection Clause of the Fourteenth Amendment. Justice Jackson concluded that even the national wartime security concerns were inadequate justification to strip Kore matsu and other internees of their consti tutional rights. The reenactment provided back ground information and historical con text on Fred Korematsu's life and the interment of the Japanese American pop ulation during World War II. CBA par ticipants also relied on historical records and transcripts to reenact several of the pivotal trial moments, from the ini tial trial, the appellate proceedings, and eventually the Supreme Court hearings on Korematsu's appeal. "We thought this program would be a great way to tell Korematsu’s story in a way that was more accessible to the audience and more alive. Telling the story in a reenactment format makes it so much more dynamic than being told about the case through lecture," said Daniel Berkowitz, Chair of the Young Lawyers Section. Many CBA members participated in the reenactment, including Mark Belongia, Hinshaw & Culbertonson, YLS Chair Daniel Berkowitz, Arongber Goldgehn, Lisa Caridine, University of Illinois, Frank Del Barto, Masuda Fanai, Joe Dusek, Law Office of Joe Dusek, CBA Treasurer Nina Fain, JS Schirn Family Trust, Adam Feuer, Law Offices of Adam J. Feuer, Joshua Gitelson, Law Offices of Denise M. Bierly, Kevin Gold stein, Winston & Strawn, YLS First Vice Chair Marty Gould, Romanucci & Blandin LLC, Thor Inouye (who played the part of Fred Korematsu), Office of Illinois Attorney General, Norman Jed deloh, Arnstein & Lehr, Joanna Kopc
Pictured at the reenactment: Top: Patricia McCarthy; Bottom from Left: Thor Inouye and Takayuki Ono.
zyk, Latimer, Sang Lee, The Chicago Bar Foundation, Ann Lousin, University of Illinois Chicago, YLS Second Vice Chair Kenny Matuszewski, Goldberg Segalla, Eir Makamura, Salvi, Salvi Schostok & Pritchard, Patricia McCarthy, Lex isNexis, Takayuki Ono, Sidley Austin, Kevin Thompson, Levin Ginsberg, and CBA President Timothy Tomasik, Toma sik Kotin Kasserman LLC. The script and the materials used for the reenact ment were drafted and provided to the CBA by the Asian American Bar Associa tion of New York. The Korematsu decision is widely regarded as one of the worst in the his tory of the Supreme Court. Fred Toyosa buro Korematsu is now remembered as a significant civil rights activist. He helped pass the Civil Liberties Act of 1988, which provided both acknowledgments and compensation to formerly detained Americans. In 1998, President Clinton presented Korematsu with a Presiden
tial Medal of Freedom. Each January 30, on Korematsu's birthday, Califor nia celebrates Fred Korematsu Day of Civil Liberties and the Constitution, a statewide holiday since 2010, and the first statewide holiday in United States history that was named for an Asian American. Since Governor Schwarzeneg ger signed the legislation into law, other states have celebrated Korematsu Day as well, including Arizona, Florida, Hawaii, Illinois, New York, and Virginia. Korematsu died in 2005, thirteen years before the Supreme Court finally criticized its earlier decision in Korematsu in the 2018 case of Trump v. Hawaii, which related to ethnically motivated travel bans. Legal scholars continue to disagree on whether Trump v. Hawaii overruled Korematsu. Said Berkowitz, "Fred Korematsu's story is a story that deserves to be told, and we were proud to play a small part in sharing that story more widely."
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JEP Leans into What Law School Leaves Out Daissy Dominguez, who participated in one of the first cohorts in 2013, founded Dominguez Legal Justice Center, LLC, an immigration law practice. Upon graduat ing from law school, she says she “wanted to work for legal aid and serve low- to moderate-income people, but when I heard about JEP and their mission, I thought ‘I can do it on my own with my own practice.’” Her firm’s mission is to help families reunite or stay together. She notes that the immigration system can be overwhelming to clients and that it is very rewarding to preserve family unity. Dominguez says she knew it would be challenging to start her firm: “It took about a year and a half to get the ball rolling, and then things fell into place. The number of clients and my income started to grow. All the hard work had a snowball effect. I used to work late into the evening – now at 5 o’clock, I’m done. Even though there is a lot more work now, I can manage it more effectively than when creating everything from scratch.” Dominguez continues, “I don’t think I would have been able to do it on my own, or it would have taken a lot longer. Law school teaches a lot but not about busi ness, such as how to charge fees, market yourself, and find mentors. The JEP gave me the foundation to get my firm going.” Relationship-Driven Practice Terra Gross, a member of the January 2021 cohort and founder of Attuned Legal, LLC, was attracted to the incuba tor program because she felt she could “reconnect with my roots, be authentic, community-driven, and work on con flict resolution – be human relationship driven rather than have a ‘buttoned-up’ perspective.” Her firm works with rent ers, property owners, and entrepreneurs. Like Dominguez, Gross says she would not have started her own firm without the JEP. “Absolutely not,” she says. “As the first lawyer in my family, law was intimi dating. My only exposure was law school
Justice Entrepreneurs Project Celebrates a Decade of Innovative Lawyer Training By Amy Cook The November 2022 JEP graduation class included, from left: Aaron Korson, Chicago Family Attorneys, LLC; Daniel Johnson, Johnson Justice Center, LLC; Amanda Carey, The Carey Center for Justice; Daniel Bruce, The Law Office of Daniel T. Bruce; and Lee Ayers, The Law Office of Lee A. Ayers.
T he Justice Entrepreneurs Project, a Chicago Bar Foundation program, was established in 2013 with two complementary goals: to train and sup port lawyers who want to start solo or small firms, with the stipulation that a significant portion of their practice serve low- and moderate-income clients who often struggle to find affordable legal ser vices. The CBF noted that there is a large gap in the legal service delivery system for the population who earn too much to qualify for legal aid but not enough to pay market rates for traditional legal services. At the same time, new and seasoned lawyers alike are increasingly looking for nontraditional paths within the legal pro fession. These lawyers either finished law school knowing they wanted to start their own firm, or they became disenchanted with the traditional practice of law. Start ing one’s own business comes with its own challenges, but lawyers gravitate to the JEP for greater autonomy over their work life, including choosing which clients to accept, flexibility in their work schedule, and fee setting. With two cohorts a year, the JEP’s
18-month incubator program helps par ticipants develop their practices while receiving training, mentoring, and other support on business and legal issues. They also receive office space and other infrastructure as they get started. Each program is broken into three 6-month modules. During the first module, par ticipants perform approximately 20 hours of pro bono work per week with partner legal aid organizations. At the same time, participants receive training and coach ing on business and other issues needed to start a solo/small practice. Participants establish their own independent prac tices and begin handling cases in areas traditionally needed by low- and middle income people and small businesses, and strive to offer flat fees for their services. During the second and third modules, participants increase their caseloads and continue to receive training, mentoring, and coaching on business and legal issues. At the end of 18 months, participants have a viable practice that they can con tinue to develop outside of the incubation period while remaining part of the grow ing JEP network.
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and previous employers; I never worked in a small firm environment, and I was not doing anything innovative. The JEP was a critical bridge for me.” Gross came to the JEP with a back ground that included the performing and literary arts, then she switched to a variety of traditional law and government practices. “All my previous experience was in a subordinate role, and that role did not translate to running my own business. I was not used to being the lead on everything and handling all decision making regarding legal and business strategies. Now I can edu cate my clients on how to work with a lawyer. I’m way more comfortable with that now.” Another member of the January 2021 cohort, India Rios, started the Seven Eleven Law Group, a “tech-savvy firm for millennial entrepreneurs,” which helps clients leverage their intellectual property. “My practice involves trademarks, enter tainment, and business,” she says. It’s a “sweatpants friendly environment,” she emphasizes (side note: Rios is one of the most fashionable lawyers you’ll ever meet). Rios found out about the JEP from mentors in law school who were part of the network. Starting her own firm was always part of her plan: her law school required an internship, so she started a business called Solo Genie to assist sole practitioners, commenting “I didn’t want to work for free!” The JEP seemed like the best fit to get some support starting a firm. “Once I passed the bar, I was looking at options and realized I’d rather do my own thing. I really wanted to start my own firm and do trademark work.” She had plenty of experience with a fast-paced environment, having completed a stint in the Navy working in aviation administra tion prior to college. Rios says her challenges are that “there are not enough hours in the day. You need to have all the knowledge about market ing and all the legal knowledge – it’s hard A Firm for Tech-Savvy Entrepreneurs
to find the time to do it all. And it’s an uphill battle to find consistent help.” Benefits of a Network Among the many benefits the JEP pro vides are training on substance, skills, and law practice management; expert coach ing and assistance on business issues and client development; mentoring by expe rienced and respected practitioners; and free and discounted practice resources, including law practice management and research tools. The JEP also provides referral pipelines and access to many help ful networks through the CBA, the CBF, and other partners. Gross and Rios agree that having a network of experienced, likeminded attorneys to ask questions of and brain storm with is one of the most important assets of the JEP. Gross says, “Having a network of participants is powerful. It offers opportunities for intimate views of their practices and how they solve chal lenges. You can see a diversity of practices. The JEP allows us to explore.” Rios says she most values the access to other JEP attorneys, legal databases, practice man agement tools, and a professional office in the Loop. Who Should Apply to the JEP? Gross says the JEP is best for those who
are experimental and are comfortable making mistakes, who learn by doing, and who can create healthy boundaries. Rios agrees that JEP appeals to self-start ers, but also points out that the legal aid fellowship can take up to 20 hours a week for the first six months, and that partici pants may not be working full-time hours at first. She recommends applicants have a nest egg or supportive partner, as it takes a while to build up a practice. Dominguez emphasizes that the JEP supports people who want to make a difference. She rec ommends the JEP to “people who want autonomy over the kind of lifestyle they want, financial freedom, people with an entrepreneurial drive. As a business owner, you can dictate how you want your lifestyle. What you put into it creates those opportunities for yourself.” Cohorts begin in January and June each year. Find out more at https://chica gobarfoundation.org/jep.
Editorial Board member Amy Cook participated in the January 2021 JEP cohort. Her firm, Amy Cook Law LLC (Amy CookLaw.com), serves small businesses, non profits, and writers.
VIRTUAL CONFERENCE April 20 | 4.0 hours PR CLE
CBA RECORD 13
A Passion for Justice: An Encounter with Clarence Darrow By Kathryn C. Liss, CBA Record Editorial Board Member and CBA Secretary
his railroad job in 1894 and the next year ran, unsuccessfully, for Congress. On the personal front, he was known to be quite flirtatious; he was divorced by 1897. In 1898, Darrow defended three labor leaders who were accused of conspiracy arising out a strike (State of Wisconsin v. Thomas I. Kidd, George Zentner and Michael Troiber). All three defendants were acquitted after the jury deliberated for less than one hour. Darrow’s profes sional reputation continued to grow. In 1903, Darrow married his second wife, Ruby, whom he credited with help ing him mature into a “big-shot attorney.” In 1907, Darrow represented the West ern Federation of Miners leaders William Haywood, Charles Moyer, and George Pettibone after they were arrested and charged with conspiring to murder the former Idaho Governor. During the trial, he used a tactic to distract jurors from the prosecution’s argument: he put a wire into his cigar so the ash would never drop. The jurors were riveted on Darrow’s cigar ash, not the prosecution’s argument. Two of the defendants were acquitted; charges were dropped against the other. However, the stress of work took a toll on his health. Darrow became seriously ill in 1908 and spent six months in Cali fornia recuperating. His illness followed a stock market crash in which Darrow and his wife lost quite a bit of money (Darrow blamed his wife for the loss). He was now sick, broke, and struggling to regain his public reputation after being a recluse for a period of months. In 1911, when the American Federa tion of Labor asked Darrow to defend the McNamara brothers who were charged in the Los Angeles Times bombing, he felt like his hands were tied – he needed the money so he said yes, even though he knew the brothers were guilty and the union wanted them to be innocent. During this case, the intense pressure of serving his clients, regaining his profes sional reputation, improving (or at least maintaining) his health, and reestablish ing his finances took a personal toll. Days before the McNamara case was finalized, Darrow was arrested and
Pictured from left: First Vice President Ray J. Koenig III, Clark Hill; CBA President Timothy S. Tomasik, Tomasik Kotin Kasserman LLC; Paul Morella; Justice Anne Burke (ret.); and Second Vice President John C. Sciaccotta, Aronberg Goldgehn.
C larence Darrow (1857-1938) is widely recognized as one of the most influential American lawyers of the 20th century for his pas sionate defense of civil rights. His legal career and personal life have been widely documented in books, articles, and plays, including the one-person play written and acted by Paul Morella hosted recently by the CBA at the Union League Club. In addition to highlighting the large, national cases that Darrow tried, Morella’s 90-minute performance provided depth and insight into Darrow’s complexity as an individual. Much of the performance was based on Darrow’s own words; the remainder was taken from his writings and court records. Darrow was inspiring, captivating, and intelligent. But like all of us, he was also flawed and troubled. Morella’s per formance deftly showcased both Dar row’s public litigator persona as well as the human side that most people are not aware of. For example, Darrow said he
became an attorney because he felt others’ pain. Although he did not consider this ability a gift, his high emotional intelli gence allowed him to successfully repre sent the “weak and oppressed.” Born in Ohio, Darrow was the fifth of eight children. He was bright and loved to read, but he never received the approval he desperately wanted from his parents and teachers. This background motivated him to be successful in his career, even to the detriment of his own personal life. In Darrow’s own words, “heredity and envi ronment make a man who they are; not free will.” At age 23 Darrow married a neighbor, and they had one son. Darrow moved his family to Chicago eight years later to grow his law practice. He eventually became an attorney for the City. After working in the City law department for two years, he took a position as a lawyer at the Chicago and North-Western Railway Company, earning a reputation as a great orator and debater along the way. He quit
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accused of bribing a potential juror. His associate was caught giving a juror money while Darrow was present. During a three-month trial, for the first time, Dar row’s life was at the mercy of a jury. He was found not guilty. The judge said that this was a good day because Darrow “stood for something important.” Reflect ing on the judge’s words and after some soul searching, Darrow decided to “spend the rest of his life doing what he can for the best of man.” For the rest of his career, Darrow devoted himself to opposing the death penalty and fighting for human rights. His eloquence moved juries and even judges to tears. In Illinois v. Nathan Leo pold and Richard Loeb, a notorious 1924 Chicago case, Darrow agreed to represent the defendants (17 and 18 years old) in the murder of a 14-year-old boy. Leopold and Loeb admitted to killing the boy – Darrow thought they did it because they wanted to show their superiority. The public disliked the defendants, who were extremely smart and rich. Darrow took
the case because it challenged his own biases of who is entitled to representation. In the end, Darrow’s argument to over come cruelty with kindness and hatred with love was persuasive enough for the defendants to avoid the death penalty. His fees were decided by The Chicago Bar Association. Next came the famous State of Ten nessee v. Scopes trial, in 1925. Darrow defended the teacher; he saw the trial as an attack on education and the freedom of thought. Tennessee banned the teach ing of anything outside of the bible – in this case, a state law banned the teach ing of evolution in a state-funded school. Darrow knew that the case would make a statement about the plurality of thought and, because it was the first trial to be broadcast over the radio, would garner a national audience. Darrow lost the case, but the Tennessee Supreme Court reversed the decision on a technicality and only issued a $100 fine to Scopes. Later in 1925, the NAACP asked Darrow to represent 11 Black Detroit
men, including a physician, Ossian Sweet, who were accused of killing a White man who attacked Sweet’s home as part of a White mob. Darrow argued to an all White jury: "I insist that there is nothing but prejudice in this case; that if it was reversed and 11 White men had shot and killed a Black man while protecting their home and their lives against a mob of Blacks, nobody would have dreamed of having them indicted. They would have been given medals instead...." Sweet’s brother was found not guilty on grounds of self-defense, and charges were dropped against the remaining 10 defendants. Darrow lived a full life contributing to our country’s laws as well as our values. The adage that history repeats itself is true: many of the issues Darrow struggled for and against – racism, education, human rights – are still with us today. Laws help create a structure for humanity, but Darrow – and his representation in Morel la’s masterful performance – reminds us that “[f]reedom comes from human beings, not from laws or institutions.”
Local Solutions. Global Reach.
CBA RECORD 15
a leadership role in reviewing CBA-spon sored and non-sponsored legislation. He understood how a new law could affect lawyers and the public, either positively or negatively. To be with Jack when he was commenting on legislation was to be back in law school at a favorite seminar with a beloved professor who made the law come alive. Ken Anspach, Anspach Law Office: Jack was a tireless and collegial defender of the legal profession and the courts. He was an advocate for those no one else would speak for, and a top-notch lawyer. He will be sorely missed. James Joseph and Maria Chigas: Dad was always a model for us. He was gen erous with others, and when he spoke, it was always the truth. He grew up on the West Side and attended Austin High School. He received his undergraduate and J.D. degrees from the University of Chicago. Throughout his 70 years as a lawyer, he remained a constant student of the law – he loved being a lawyer and ven erated the CBA. It was a temple to him-- not only in the legal sense that evokes an inn of court but in the spiritual sense too. He believed that the Association deserved devotion and commanded respect; this is, it should be a should be a home and sanc tuary for all, diverse in identity and, just as importantly, in point of view; that it was a fellowship of service with the pur pose of bettering the world, and that it could not fulfill that mission without an active, engaged, and learned membership. Jack Joseph’s son James Joseph is a partner at Eimer Stahl LLP in Chicago. His daughter Maria Chigas is a homemaker and former advertising executive. Gerda Joseph, Jack’s wife of 57 years, passed away in 2019.
Remembering Jack Joseph By Judge E. Kenneth Wright, Jr., CBA Record Editorial Board Member, and Terrence Murphy, CBA Executive Director Emeritus Jack Joseph, with his son James Joseph, wife Gerda Joseph, and daughter Maria Chigas, on a cruise to Alaska in 2016. Jack is here assuming his familiar posture of amiable tolerance.
Throughout The Chicago Bar Associa tion’s 150 years of service, the heart and soul of its work has been undertaken by members who care about the law, the legal profession, our justice system, and the public we serve. Jack Joseph, who was the CBA’s longest serving member, passed away in Decem ber. Joseph became a CBA member in 1953 and remained active throughout his long, distinguished career. He was a leading light and a guiding force for the Association and to many members, past and present. The following tributes speak to his love and devotion to the law and reflect the profound respect and admiration of his peers.
David C. Hilliard, Pattishall McAuliffe; Past CBA President: Jack and I met 40 years ago. We were neighbors and would ride the bus to our offices downtown while discussing our cases. Some of these included Jack’s longtime representation of various Native American Tribes who pressed claims against the U.S. govern ment. One of the most memorable of these was a case Jack argued before the U.S. Supreme Court, in which he won for the Peoria Tribe over 120 years of interest on unpaid treaty debts. Truly, Jack made a difference. Lawrence J. Suffredin, CBA Legislative Counsel: A long-time member of the CBA Legislative Committee, Jack always took
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16 March/April 2023
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CBA Past President Daniel Cotter, Howard and Howard Attorneys PLLC and author of The Chief Justices, with Illinois Appellate Court Justice David Ellis, author of Look Closer, recently sat down for a fireside chat. The long-time friends discussed the law as well as their books and writing experiences. An archived video of the event is available at Learn.ChicagoBar.org and offers 2 IL MCLE Credits.
Introduction to The Illinois Climate and Equitable Jobs Act April 24, 2023 | 2:00-4:00 p.m.
2 IL MCLE Credit | Live Webcast | Register at Learn.ChicagoBar.org $0 CLE-Advantage Plan Member | $65 Member | $125 Nonmember Signed into law in 2021, The Climate and Equitable Jobs Act targets Illinois to have some of the most significant clean energy and decarbonization commitments in the nation. It will require Illinois to be reliant on 100% renewable energy by 2050 and also provides $694 million in subsidies for nuclear power. This seminar will discuss the consumer aspects of CEJA including energy pricing and assistance as well as renewable programs. SPEAKERS: Kelly A. Turner, Interim Chief Legal Counsel, Illinois Power Agency Susan Satter, Chief, Public Utilities Bureau Chief of the Illinois Attorney General's Office
CBA RECORD 17
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