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CBA RECORD CONTENTS
May/June 2020 • Volume 34, Number 3
4 Editor’s Briefcase The Other Pandemic 6 President’s Page
INSIDE THIS ISSUE 20 Reflections on the Pandemic 27 The Coronavirus Pandemic: History is Written by the Victors By Nina J. Fain and Clare McMahon 30 A Pandemic Walks into a Bar: The Covid-19 Pandemic and Business Interruption Insurance By Daniel A. Cotter
BeYour Own Periscope: Look Around and FindYour Silver Lining
8 CBANews 14 Chicago Bar Foundation Report 17 Murphy’s Law
33 Suspension of the Open Meetings Act During the Covid-19 Emergency
44 Legislative News 46 LPMT Bits & Bytes
By Peter Friedman, Jeffrey Monteleone, and Benjamin Schuster
WellnessWhileWorking During a Global Crisis
YOUNG LAWYERS SECTION
36 A Year in Review By Octavio Duran
49 Summary Judgments
Review of James M. Kramon’s The Art of Practicing Law
38 The Jury Problem: Why Courts Should Change the Way Juries Deliberate By Sami Azhari
50 Legal Ethics
Legal Services During and After the Pandemic
On the Cover Photo Credit: Justice Michael B. Hyman
The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org.Subscriptionsfornon-membersare$25peryear. PeriodicalspostagepaidatChicago,Illinois.POSTMASTER:Send addresschangesto CBARecord ,c/oMembership, Chicago Bar Association,321SouthPlymouthCourt,Chicago,Illinois60604. Copyright2020byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.
T hese words of the Greek poet Hesiod in Works and Days seem to refer to the new reality in which we find ourselves: “With ills the land is rife, with ills the sea; Diseases haunt our frail humanity, Through noon, through night, on casual wing they glide, Silent...” (Elton TR.) Rarely does a single event emerge with enough momentum to “haunt our frail humanity.” Covid-19 transcends geography, age, health, lifestyle, education, and social status. And, as Hesiod reminds us, diseases carry a grim specter. Truly earthshaking, Covid-19 has achieved what no war, genocide, natural disaster, or famine has ever been able to effect—to prompt humanity to realize how fractured it is, how dismem- bered, how polarized, how disorganized, how fragile, how limited as a species. Advances in technology, communication, and travel have diminished time and distance, but, as we now know, they have helped a highly infectious virus spread hundreds and then thousands of miles, taking a terrible toll. Not just the United States was woefully unprepared and ill-equipped. So, too, the world. We all inhabit one world and only one world; yet, as individuals and as a society, Americans mostly hold tight to separating themselves from those who differ from them. We have yet to accept Dr. Martin Luther King’s prophetic message that “we are caught in an inescapable network of mutuality.” Technology cannot untangle what separates humans from each other. Humanity has never been able to conquer its inability to unite; to accept the stranger; to embrace each other as equals; to appreciate differences like race, ethnicity, nationality, religion, sexuality, culture, economic wellbeing, and so on. This fear, derision, and loathing of “the other,” this pandemic of prejudice, has dwelled in the world for millennia, even though it, too, has caused death, suffering, decreased quality of life, and economic losses. It, too, “haunt[s] our frail humanity.” It, too, challenges society. And, it, too, has fastened itself on Covid-19. Few of us in the legal profession work on the front lines, directly involved in containing and ending Covid-19. Rather, our profession has been busy adapting and adjusting to current demands and preparing for what lies ahead. Our profession can, however, take on the role of first responders to find cures for what I have called the pandemic of prejudice. By training and disposition, lawyers are perfectly suited to find ways to dismantle systemic barriers, to promote inclusivity and diversity, to combat overt or explicit bias, to advocate for a legal system accessible to all, and to illuminate the nature of unconscious bias and address its root causes. We need to start locally. Chicago, sadly, has a reputation as a city divided in terms of educa- tion, economic, health, and legal outcomes. The pandemic of prejudice cannot be ignored as contributing to these disparities. Hesiod spoke of disease gliding in silence on casual wings. Silence, like inaction, allows the pandemic of prejudice to thrive. Let our profession step forward and go to battle on the other pandemic which threatens us all. Otherwise, “frail humanity” will not survive. BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF The Other Pandemic A Thank You I took a four-issue hiatus from serving as editor-in-chief due to professional commitments. During my absence, two members of the editorial board, Anne Ellis, the associate editor, and Richard L. Stavins, a veteran contributor, oversaw the selection, editing, and preparation of the issues. Sharon Nolan, the CBA’s multi-talented marketing director, assisted with her usual aplomb. During this time, the production side of the magazine underwent a smooth transition. My deepest thanks to Anne, Richard, Sharon, the phenomenal editorial board, and Executive Director Terry Murphy for their dedication to the CBA Record . EDITOR’S BRIEFCASE
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 Daniel J. Berkowitz Illinois Attorney General’s Of fi ce
Kruti Patel Wintersteen Law Group Kaitlin King Hart David Carson LLP
Carolyn Amadon Samuel, Son & Co. Amy Cook The Farmer Chef Alliance Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Hinshaw & Culbertson Jasmine Villaflor Hernandez Cook County State’s Attorney’s Of fi ce Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Of fi ce of Bonnie McGrath Clare McMahon Law Of fi ce of Clare McMahon Pamela S. Menaker Clifford Law Of fi ces Peter V. Mierzwa Law Bulletin Media Kathleen Dillon Narko Northwestern Pritzker School of Law Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Robbins, Saloman & Patt, Ltd. Caryn Suder
Loyola University Chicago Rosemary Simota Thompson Judge E. Kenneth Wright, Jr. Circuit Court of Cook County
THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing
4 May/June 2020
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PRESIDENT’S PAGE BY JESSE H. RUIZ Be Your Own Periscope: Look Around and Find Your Silver Lining
The Chicago Bar Association www.chicagobar.org
President Jesse H. Ruiz
challenges it would impose on our profes- sion, economy, and society. Although daily routines have been disrupted, society’s need for lawyers, especially to serve the most vulnerable among us, remains. What has changed and will continue to change is how we practice law and serve our clients, and how The Chicago Bar Association serves its members and our community. Many of us have had to become adept at working from home full-time and meet- ing virtually with colleagues and clients. Thankfully, technology allows us to be productive and effective, even while work- ing remotely. The CBA has also adapted, moving quickly to provide more program- ming online and disseminating informa- tion to help members during the Covid- 19 crisis. The CBA continues to provide something we always need: the opportunity to seek guidance from, and collaborate and interact with fellow lawyers, even if it has to be done virtually. The information and support the CBA provides its members–and the support
First Vice President Maryam Ahmad
Second Vice President E. Lynn Grayson
Secretary Ray J. Koenig III
Treasurer Timothy S. Tomasik Executive Director Terrence M. Murphy
Assistance Executive Director Elizabeth A. McMeen Immediate Past President Steven M. Elrod BOARD OF MANAGERS Jonathan B. Amarilio Octavio Duran Sharon L. Eiseman Nina Fain Charles P. Golbert Judge LaShonda A. Hunt Judge Diane Joan Larsen Judge Lori E. Lightfoot Kathryn C. Liss Michael R. Lufrano Lauren S. Novak Judge Nichole C. Patton Trisha M. Rich Federico M. Rodriguez Ajay N. Shah
W hile in private practice, I would tell my associates that our clients needed us to be their “periscopes,” to see around corners and warn them of any hazards ahead. As much as we all try to do this for our clients, not even the best “periscope” would have fore- seen the extent of the consequences of the coronavirus pandemic and the incredible
CBA Ramping Up Online Seminars and New Resources Amid Covid-19 Pandemic
In response to the Illinois stay-at-home order, the CBA now offers all seminars and practice area committeemeetings via live and archivedwebcasts or conference call. In addition to substantive law programs, new topics include remote depositions, serving your tech adverse clients, working from home strategies, job searching in the “new normal,”and more. New content is being added daily, and many of these seminars are free. The CBA has also launched the following new resources to keep you informed and engaged during this time: Covid-19 Facebook Page (info and resources spe- cifically affecting the legal community); @CBAttheBar Blog (short practice area articles and wellness tips); CBA podcast series; YLS Vlogs series (short videos on how young lawyers areworking remotely); andYLS game nights andwatch parties. See a full list of all COVID-19 related programs and resources at www.chicagobar. org/chicagobar/COVID19.
Adam J. Sheppard Adam M. Zebelian
6 May/June 2020
that our charitable arm, the Chicago Bar Foundation, provides to our community– are vital at this time. The CBF’s annual Investing in Justice Campaign has gone virtual. I humbly ask everyone to consider supporting our pro bono and legal aid organizations and the people who depend on them. Please visit chicagobarfounda- tion.org/campaign for more information. I thank you for any support you can provide. After 22 years at Drinker Biddle & Reath (n/k/a Faegre Drinker Biddle), I left in February 2019 to join Governor Pritzker’s administration as a deputy governor. For over two decades, I had the opportunity to practice with many talented lawyers at Drinker Biddle. I now have had the privilege of seeing first-hand how all Illinoisans benefit from the incredible work of the lawyers in the Governor’s office and across state government. Lawyers always have, and always will, make critical contributions to our society, especially in times of dire need. I strongly believe that we maximize our impact as lawyers when we join together through the
CBA. As the practice of law and the role of lawyers in society continues to evolve, so too will the CBA. This past year, we have focused on building a CBA that is poised to meet the changing needs of the profes- sion and its members. The coronavirus pandemic has only accelerated this work. During this incredibly challenging time, I am so grateful to all of our com- mittee chairs, and the thoughtful and dedi- cated members of the Board of Managers, who help lead and guide our association. Their contributions have been essential to our operations and programs. I am also grateful for the members of the executive committee – Maryam Ahmad, Octavio Duran, Steve Elrod, Lynn Grayson, Ray Koenig, Tim Tomasik, and our counsel, Howard Suskin – for their thoughtful leadership and support. Thanks to the incredible staff members I have had the privilege to work closely with this past year: Beth McMeen, Mark Cellini, Sally Daly, Sharon Nolan, Bill Richert and Sharon Stepan, under the leadership of the heart and soul of the CBA, Terry Murphy.
Heartfelt thanks to you and all the staff and members who make the CBA what it is. Although the current crisis has had many detrimental impacts, I have experi- enced one silver lining (and I’m probably not alone in this experience), which is more time with family. I am ever more cognizant of the blessings in my life that are my wife, Michele, and our sons, Jonathan and Benjamin. At times during this public health crisis, I have reflected on the adage, this too shall pass. In an 1859 speech, Abraham Lincoln said, “[H]ow much it expresses! How chastening in the hour of pride! – how consoling in the depths of affliction! ‘And this, too, shall pass away.’ And yet let us hope it is not quite true.” Indeed, let us hope that the coronavirus pandemic does soon pass away, but that the community of lawyers that is The Chicago Bar Association will continue to flourish and will always endure. Thank you all for your dedication and loyalty to the CBA. Be well. I hope we can all see each other soon.
CBA RECORD 7
CBANEWS P anelists representing the judi- ciary and plaintiffs’ and defense attorneys discussed key aspects Litigating High Stakes Medical Malpractice Cases By Caryn R. Suder, CBA Editorial Board tion. Experts often include life care plan- ners and economists, in addition to those on standard of care and causation. If the attorneys have difficulty finding experts, they may try to resolve the case early.
be able to get to the jury on the apparent agency issue, hoping the hospital, with much larger policy limits, will be held liable. To do this, plaintiffs’ attorneys must show that the hospital knowingly created the appearance of an agency relationship with the physician (often called a “hold- ing out”), and that the plaintiff relied on this. Plaintiffs’ attorneys may request an institution’s printed advertising materials, examine social media posts, and depose hospitals’ marketing and public relations staff to show the holding out. Defense counsel may try to win summary judgment by showing that an institution’s consent forms that a plaintiff signed labeled practi- tioners as independent contractors. Judges may not often grant those motions, but defense attorneys file them regularly. Regarding expert witness depositions, attorneys on both sides stressed the impor- tance of thoroughly preparing one’s own expert and discovering as much as possible about the opposing side’s expert before deposition. The attorneys then use their own experts and clients to help them devise questions for the opposing side. Some panelists try to get opposing experts to agree to general principles in depositions, but refrain from using favorable medical literature at that stage so the expert does not have time before trial to determine how to rebut the literature. The judge on the panel addressed courts’ views on motions to compel and motions for sanctions related to discovery issues. Besides taking up a tremendous amount of judges’ time, such motions put judges at a disadvantage, because they know far fewer important details about the case than the attorneys do. He noted that experienced attorneys generally know how to work
involved in litigating complex medical malpractice cases in a recent CLE ses- sion. The wide-ranging discussion cov- ered evaluation of the potential case and injury; expert witnesses; discovery; audit trails; use of apparent agency; motion practice; jury selection; and closing arguments. In evaluating potential cases, plaintiffs’ attorneys agreed that because of the costs involved – often about $150,000 to pursue the case and up to another $200,000 to try it – they look for a permanent, cata- strophic injury, such as death, quadriplegia, paraplegia, amputation, brain injury, or blindness. Another consideration is how well the family presents to a jury. A good case on standard of care and causation is essential. They also look for the deep pocket, which often means suing employed nurses or others on an apparent agency theory to access a hospital’s insurance coverage. Counsel stressed the importance of identifying defendants early. This can be particularly critical where the Federal Tort Claims Act applies (when federal employees are accused of causing injury through negligence while acting in the scope of their employment), as that act has a separate statute of limitations and no statute of repose. Defense attorneys, who cannot choose their cases, first evaluate the injury, which is almost always catastrophic. Next, they look at their client’s credibility and belief in his or her own case; they want a jury to like the client and believe the client’s story. Expert witnesses must be evaluated to assess how they would hold up under cross examina-
Panelists next addressed the pros and cons of naming respondents in discovery. One advantage for plaintiffs’ attorneys is that they can take potential defendants’ depositions early on, when their attorneys might not yet have the experts and other information to adequately prepare them. However, defense attorneys can avoid this by moving to convert their own clients to defendants. Plaintiffs’ attorneys can also discover more about what happened sooner, before memories fade, and may learn of others whom they should name as parties. And, plaintiff’s attorneys do not have to pay treating physicians who give depositions as respondents in discovery for their deposition time. Audit trails – electronic records of medi- cal records, including who accessed them and when, and whether any additions or changes were made – figure prominently in medical malpractice litigation. They can be complex, and expert help is often needed to interpret them. Often, hospitals hire companies to keep these audit trails rather than doing it themselves. These may be foreign companies, which may not always cooperate when asked to produce these trails. Panelists stressed the importance of defendants having good relationships with the audit trail providers they hire. Plaintiffs’ counsel then discussed the use of apparent agency claims. Often, defendant physicians have insurance policy limits of only $1 million to $2 million. Plaintiff’s attorneys who want their clients to be fully compensated therefore need to
8 May/June 2020
things out among themselves without having to go to court with these motions. The panelists provided different per- spectives on bringing motions in limine, with some trying to win their cases through use of these motions by ensuring witnesses do not have additional opinions, and others preferring to not file them. With jury selection, panelists stressed the importance of building rapport with prospective jurors and the desire to not
have one person dominate the jury. Regarding closing arguments, panelists advised attorneys to start to write them long before the trial starts, be earnest and stay true to themselves, don’t read off of a piece of paper, use pauses effectively, and use demonstrative evidence at the right times. Panelists were Judge John Ehrlich, Cir- cuit Court of Cook County, LawDivision; Joseph Balesteri, Partner, Power Rogers;
Michael Cogan, Partner, Cogan & Power; Kristine Reveille, Partner, Swanson, Martin & Bell; and Edward Ruff, Partner, Pretzel & Stouffer.
To watch the on demand video of “Litigating High Stakes Medical Malpractice Cases,”visit www.chicagobar.org/cle.
Lawyer Referral ServiceWaives Fees in Response to Covid-19 Crisis By Sally Daly, CBA Public Affairs Director
I n an effort to offer pro bono legal services to the public in the wake of the Covid-19 pandemic, the Chicago Bar Association has stepped up efforts to promote its Lawyer Referral Service, and for the month of April waived the administrative fee for legal consultation. The CBA’s long-standing Lawyer Referral Service has more than 200 lawyers available who are experienced in nearly every area of law and offer their services to the public. The CBA screens the initial public inquiry and matches the person with an attorney in the specific legal area in which they seek guidance. There is no charge for the initial call. The CBA administers a $30 fee if the consumer later meets with the attorney for a consultation.
has operated as a public service for nearly 80 years. Member 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. The CBA also sponsors the monthly “Call a Lawyer” program through the Lawyer Referral Service, making attorneys available to take calls from the public at no charge. CBA members are encouraged to refer clients to the Lawyer Referral Service or consider joining to obtain legal referrals. More information on the program is available at https://lrs. chicagobar.org/pages/for-lawyers.
The move to waive the $30 fee was made as consumer and employment complaints relating to the coronavirus surged in Chicago and across Illinois during the month of April, according to CBA President Jesse Ruiz. “This is a crucial time for the legal community to provide guidance and assistance to so many of those in our communities who are facing such seri- ous and unexpected challenges, many of which require legal counsel,” said Ruiz. “The members of the Chicago Bar Association are at the heart of the legal community. We are all pulling together to assist our communities and to support each other in this unprecedented public health crisis.” The CBA’s Lawyer Referral Service
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CBA RECORD 9
Beyond Diversity and Inclusion By Sally Daly, CBA Public Affairs Director
T he quote, “We are all implicitly biased because we are all human,” from noted author and national Diversity and Inclusion Trainer Sarah Redfield, speaks to the challenges of promoting the recognition and interrup- tion of implicit bias, an effort that the Chicago Bar Association has put at the forefront by offering specialized diversity and inclusion training. The most recent programmarked the final component of the two-year diver- sity initiative, conducted jointly by the CBA and the State and Local Govern- ment Law Section of the American Bar Association. Titled “Beyond Diversity and Inclusion,” the program, sponsored by Clark Hill, offered advanced training on how to interrupt implicit bias, its sub-categories, and its impact on the legal community. CBA Board of Managers Member Nina Fain, who coordinated the program and served as moderator, noted that the training used interactive exercises and scenarios to promote awareness of implicit bias in the legal profession and its socio-economic ramifications on law firms, the courts, bar associations, and communities across the United States. The program provided the nearly 100 attendees an opportunity to examine their own implicit bias through use of a questionnaire to elicit direct responses to questions revealing how they may have unconscious biases in their lives or work. The training then offered recom- mendations on how participants could interrupt biases they learned about or observed in their workplace.
The “Beyond Diversity and Inclusion” program was held at the Clark Hill law firm in Chicago. Pictured are (left to right) Moderator Nina Fain, a member of the CBA’s Board of Managers and Trust Counsel for JSS Family Trusts; Jamila Jefferson-Jones, an Associ- ate Professor of Law at the University of Missouri-Kansas City; Juan Thomas, former President of the National Bar Association and Of Counsel at Quintairos, Prieto, Wood & Boyer; and Sarah N. Wariner, Partner at Clark Hill Strasburger in Frisco, Texas.
“The lawyers who came up to me after the program reported that they had experienced some form of implicit bias and that the program validated what they had felt but did not know how to express to colleagues or employers,” said Fain, Trust Counsel for JSS Family Trusts. “Implicit bias in the workplace remains a challenge in the legal profes- sion. It is important that we offer strat- egies to interrupt biases in forthright, positive ways.” Held as part of the CBA’s Black History Month programming, the national adjunct faculty for the pro- gram included Jamila Jefferson-Jones, an Associate Professor of Law at the University of Missouri-Kansas City;
Juan Thomas, former President of the National Bar Association and Of Counsel at Quintairos, Prieto, Wood & Boyer; and Sarah N. Wariner, Partner at Clark Hill Strasburger in Frisco, Texas. In addition to Fain, the event was co- chaired by Greta Weathersby, Chicago Bar Foundation Board Member and an attorney at WEC Energy, Inc., and Tamara Edmonds-Askew, Director of the State and Local Government Section of the ABA. Copies of Sarah Redfield’s book, “Enhancing Justice: Reducing Bias” were available for purchase at the event, which was followed by a networking reception.
Remote Pro Bono The Chicago Bar Foundation has compiled a list of remote pro bono opportunities at chicagobarfoundation. org/pdf/pro-bono/remote-opportunities.pdf. Opportunities include criminal records relief, property tax sale call project, CVLS, SNAP and more.
10 May/June 2020
CLE & MEMBER NEWS
Dues Installment Plan and Financial Hardship Dues Available Wish you could spread your dues pay- ments throughout the year? Tired of gettingmonthly invoices from the CBA? Want to save on stamps, envelopes and bill payment time? Looking for free CLE coupons? If you answered yes to any of these questions, sign up for the CBA’s Dues Installment/Auto Pay Plan, which allows you to automatically bill your CBA membership dues to your designated credit card on a monthly, quarterly, semi-annual or annual basis. All we need is your authorization and enrollment form. This is a great way to save time and ease up on your budget. See complete details and enrollment format www.chicagobar.org, or call 312- 554-2020. (Installment plans apply to dues only. CLE Advantage fee, voluntary contributions andmonthlymembership charges are not included in this option. Automatic charges will begin on June 1.) A dues hardship rate of $50 is also avail- able for unemployed members and those experiencing financial hardships. Please email the form located at www. chicagobar.org under the Join/Renew tab to firstname.lastname@example.org.
Don’t Miss Out on Free CLE Seminar Access Approximately 400 new attorneys were admitted to practice law in Illinois on May 7 via a special video conference ceremony hosted by Chief Justice Anne M. Burke. To help introduce new admittees to the legal profession, the CBA offers free membership and free CLE for one year. Additional benefits include job search resources, how-to seminars, participation CBA Welcomes May New Admittees
in practice area and service committee activities, career development services, mentoring and networking opportunities, social events and much more. If you know a new lawyer who has not yet activated his or her complimentary membership, please encourage them to do so. Email email@example.com for more information.
As a reminder, CBA membership dues must be paid for the new membership period of June 1, 2020 to May 31, 2021 to maintain access to free CLE-on-demand seminars
and new CLE programs that will be offered in the coming year. Renew now at www. chicagobar.org/renew.
A-M Lawyers: Meet Your Upcoming MCLE Requirement through Free CBA CLE
If your last name begins with A-M, youmust complete 30 hours of Illinois MCLE credit by June 30, 2020. Don’t wait until the last minute!Take advantage of theCBA’s free on- demand CLE Webcasts and free noon-hour committee meetings (attend via Webcast or conference call). You can earn enough free CLE to meet your IL MCLE requirement. Members canalsoaccess unlimited seminars
of their choice through the CLE Advantage Plan for only $160 a plan year (includes live and on-demand seminarWebcasts; the cur- rent plan runs through5/31/20, thenewplan begins on 6/1/20). To sign up for the plan, visitwww.chicagobar.org/cle. Formore infor- mation on MCLE reporting requirements, visit www.mcleboard.org.
Renew Your Membership and Receive FREE CLE Coupons It is membership renewal time at the CBA! In April, all members were emailed an annual dues renewal statement for the membership period June 1, 2020- May 31, 2021. As a special incentive for renewing early, if your dues payment is received by May 31, you will get two free CLE coupons from theWest LegalEdcenter (emailed in June and January, must be used for a CBA seminar hosted on the West LegalEdcenter, further details at www.chicagobar.org). Renewing is easy: go online at www.chicagobar.org/renew, call 312-554-2020, or return bymail. And best of all, no dues increase for the 15th year in a row! NewBenefits Include: Free CLE on demand 24/7, law firmmarketing and business development programs, judicial meet and greets, legal news feeds, personalized career counseling, hands-on training on legal and business software formembers and their support staff, and savings on legal products and services. Most of these new benefits are free or very low cost. What’s Ahead: New mobile-friendly webcast platform allowing you to view our seminars and committee meetings any- time and anywhere, expanded leadership training, more structured networking events with other professional groups, short-term volunteer opportunities supporting a variety of community groups andmuchmore. Visit www.chicagobar.org to see a complete list of what’s new at the CBA. We appreciate your past membership support and look forward to serving you in the coming bar year. Questions regard- ing dues statements should be referred to the CBA’s Membership Accounting Department at 312-554-2020 or billing@ chicagobar.org.
CBA RECORD 11
Coming Together: Second Annual CBAWorking Women’s Legal Summit By Carolyn Amadon, CBA Editorial Board A t first glance, the meeting of 100 leaders of Chicago’s legal com- munity revealed distinguished
recommendations for the group. “Define success.” E. Lynn Grayson (Partner, Nijman Franzetti) “Leverage your worth.” Jennifer Levin (Principal Attorney, Jennifer L. Lavin, P.C.) “Boldly advocate for yourself.” Lizzy Diaz-Ortiz (Vice President and Senior Advisor, Governance and Inclusion, BMO Harris) Regarding the question of compensa- tion, Grayson emphasized that the gender pay gap still exists. In 2020, average pay for women in the legal profession remains at 80% of average pay for male colleagues. The breakout is more sobering for women minorities (African Americans: 61%; Native Americans: 58%; Latinas: 53%). These disparities perpetuate because the salary base remains lower for women. Grayson reminded participants to “assert yourselves, claim credit for your work, and take advantage of resources to connect with mentors. Advocate for yourselves where you are in your careers.” Diaz-Ortiz challenged law firms and corporations to use strategic promotions of women in organizations to correct inherent bias and equalize the pay gap. Lavin (who also holds a PhD in Gender
that often stand in the way of achieving workplace goals: affinity bias (tendency to get along better with those we view as “like us”); gender bias (unconscious bias that men do better than women); and gender harassment (unwelcome advances directed at employees due to gender). She added that bias in the workplace can be self-perpetuating because of the limited number of top leadership positions held by women. What’s the remedy? Kramer recom- mends women develop a sisterhood focused on creating roles for themselves, revising workplace policies and developing mentorship programs. Attack bias directly, starting with difficult conversations. Armed with grit – a growth mindset, a coping sense of humor, and self-confidence – women can support one another and overcome workplace bias. “Learn to name the outrageousness of the treatment and practice resilience,” she added. Leveling the Playing Field The panelists knew exactly what message to convey to attendees when asked by moderator Pamela DiCarlantonio, Partner, Major, Lindsey &Africa, to name their top
panelists and speakers gathered from prominent members of the profession: an appellate court justice, bar association leaders, managing partners and section leads of major law firms, law firm found- ers and solo practitioners, and officers and general counsel of major corporations based in Chicago. At second glance: the leaders were all women. So were the participants. Incoming CBA President Maryam Ahmad opened with a story of the first strong woman in her life. “My mother was CEO and CFO of our household,” Ahmad said. After a schoolyard bullying incident, “my mother taught me that strong women fight for themselves.” She encouraged women in the room to pull on their own internal strength to combat negative expe- riences and position themselves for success. Overcoming Gender Bias “Add ‘get what you want’ to your TO DO list,” Andrea “Andie” Kramer (Partner, McDermott, Will & Emery) framed her session, listing three workplace obstacles
How to Negotiate Compensation and Prepare for Your Next Career Steps
Law Firms • Maximize the quantitative aspects of your work • Create written business plans • Keep running documents of individual and team accomplishments; bring your file to the table • Add to your resume “as you go” • Add pro bono work, bar association involvement and leadership development into billable categories • Develop an emergency action plan (in case you need to transition immediately) • Develop your brand – inside and outside the firm
In-house Counsel • Keep a brag book of individual and team kudos • Show the solutions-oriented value you have provided to business leaders in the organization • Know in advance the compensation levels for the organization (including equity and stock) • Know when to ask based on internally published schedules (including quarterly incentives) • Know your pay grade and leeway for negotiation • Be prepared to negotiate your raise with a bulleted counteroffer (This is what I accomplished; this is what I deserve) • Ask for 10% more • Develop an emergency action plan • Develop your personal brand – inside and outside the organization
12 May/June 2020
Navigating Motherhood and Your Legal Career • There’s no good time – plan around YOU, not your career • Gather together other women lawyers/mothers at your firm; create a group for support and internal advocacy • Find a mentor and “speed” con- nect over a 20-minute coffee once a month • Join the Alliance for Women • How to “roll out” news of upcoming parenthood (mater- nity and paternity)” • Keep it positive • Consider your ramp down period [reduce hours one month before due date] • Communicate your ramp up period [increase hours one month before you are scheduled to be back at work full time] • Stay flexible in your planning, and ask for help Panelists at the session included: Lauren Novak, Partner, Deputy Practice Group Leader, Labor and Employment, Schiff Hardin (mod- erator); Anita Alvarez, Managing Director, Alvarez &Marsal Disputes & Investigations; Cailee Alderman, Lopez Law Group; Alexis Crawford Douglas, Associate Attorney, K&L Gates; and Melody Cross, First Vice President and Corporate Counsel, Prudential. have the opportunity to do something you really like – raise your hand. Take the long view. This is a lifelong process” Diane Webster: “Practice authentic leadership. There’s not one way to do this – find someone whose leadership you admire and talk to them. Leadership is service to others. You can have your own agenda and help others along the way.”
Pictured at the conference from left to right: Alexis Crawford Douglas, Partner, K&L Gates; Melody Cross, First Vice President and Corporate Counsel, Prudential; Anita Alvarez, Managing Director, Alvarez & Marsal Disputes & Investigations; and Lauren Novak, Partner, Schiff Hardin.
Studies) added that, “although tradition- ally women have been socialized to be team players, they need to be trained to be leaders – ‘ask for what you need.’ ” Women need to close the confidence gap – and encourage other women to ask for what they need, too. “Sit down at the negotiating table knowing and articulating your worth and your value-add,” Lavin recommended. “Our secret weapon is each other – social- ize; make friends and connections.” Panelists recommended concrete actions for participants to ask for – and get – equi- table compensation and to prepare for their next career steps (see sidebar). Learning Your Leadership Language The closing panel highlighted the varying paths to leadership of women manag- ing partners of Chicago-based law firms. Moderator Joy V. Cunningham, Illinois Appellate Court Justice, asked for rec- ommendations to effect positive change for future women leaders in the profes- sion. Pivoting on the results of a survey conducted by the Pew Research Center, panelists commented on questions such as, “What holds women back?” “We are not bound by the past,” said Regine Corrado, managing partner of Baker McKenzie. “We can – and should – change the world. Together, we can make this happen.” “Don’t get bogged down in mistakes,” added Patricia Brown Holmes, Managing Partner, Riley, Safer, Holmes & Cancila. “View mistakes as course corrections.”
Justice Cunningham added, “We are making progress and moving in the right direction. This is the time to empower each other and look forward. Women need parity in treatment, opportunity and measurement of success.” Panelists also discussed another finding of the Pew Research Center survey: women need more connections and support. “We need to create the vision for more women sponsors at the top level.” Holmes said. “No one should leave a discussion about achieving parity and diversity in hiring without a path forward for everyone.” Corrado recommended that women should “be intentional in what [they’re] doing. Build a pipeline and a platform of support among women and share the success of those who lead.” DianeWebster, Partner in Charge of the Chicago office of Hinshaw & Culbertson, reminded the group that “Leadership takes a lot of time. Women need to build influ- ence and responsibility and get credit for this work as well. Take time for introspec- tion and to think of strengths and how to leverage them for the next steps to success for you and the firm.” The Takeaways Justice Joy V. Cunningham: “Advocate for yourself, be bold. Have a strategy.” Patricia Brown Holmes: “Find the one thing you always wanted – remember how you got there. Apply this to your career. Be bold. Be who you are.” Regine Corrado: “The next time you
CBA RECORD 13
Chicago Bar Foundation Report
Access to Justice in the ‘New Normal’ By Bob Glaves, CBF Executive Director Y ears from now when we look back on the coronavirus and its aftermath, we are likely to see a clear line of demar-
cation — before and after the pandemic — in the legal profession and the larger justice system. The new normal in the post- pandemic era will be shaped by the response of our legal community in the coming weeks and months. The CBF will continue to be at the forefront of those efforts thanks to your strong support. There is little question that before the crisis hit Illinois with full force in March 2020, we were not ready for the disruption that fol- lowed.The court systemhad to shut down for all but those cases deemed essential (e.g., bond hearings, domestic violence cases), and then had to adapt on the fly to handle those cases remotely. And while most lawyers adapted relatively quickly to working from home, our profession continues to be challenged in connecting to the people who need legal help and delivering services remotely. As the saying goes, you can’t change the past, but you can change the future. We’ve been inspired by the many lawyers, judges, and other legal professionals who have stepped up to the challenge of helping the growing numbers of people needing legal assistance as a result of this crisis. In particular, two efforts that were underway before the crisis will help shape a better and more acces- sible future for our courts and profession. The Illinois Judicial Conference First, the Illinois Judicial Conference last fall adopted a new strategic agenda for the Illi-
A few weeks before anyone had heard the term social distancing, the full CBA/CBF Task Force on the Sustainable Practice of Law& Innovationmet in late January, discussing the good work already underway and firming up its plans to complete its initial reports and recommendations by June. Keynote speaker Fred Headon, Assistant General Counsel for Air Canada and Chair of the Canadian Bar Association’s Futures Initiative, was ahead of his time in giving his remarks via Zoom due to a conflict that prevented him from attending in person.
nois Judicial Branch.The strategic agenda is a blueprint for achieving the Supreme Court’s vision of a justice system that is “trusted and open to all by being fair, innovative, diverse, and responsive to changing needs.” One of many specific strategies identi- fied in the plan that has suddenly become front and center in the crisis is to “promote and enhance remote access to court services,
court and case information, and court appearances.” The system was not well set up to achieve these goals when the plan was adopted, but the crisis will give these and other efforts tomodernize access to our court system a shot in the arm. The CBF is doubling down on these efforts in the midst of this crisis, continuing to work closely with the Judicial Conference,
14 May/June 2020
the Supreme Court’s Commission on Access to Justice, and court leadership at the state and local levels to achieve these goals. As Chief Justice Bridget McCormack of the Michigan Supreme Court aptly put it when talking about the similar challenge in her state, “[the pandemic] is the disruption our industry needed, even if it wasn’t the disruption that our industry wanted.” The CBA/CBF Task Force on the Sustainable Practice of Law & Innovation Just days after the Supreme Court formally released the new strategic agenda for the Illinois Judicial Branch, the CBA and the CBF kicked off a new task force to modernize our profession’s regulatory framework. Advanc- ing those goals has suddenly become more timely than we ever would have known then. The task force is on track to deliver a full report and comprehensive draft recommendations by June for public comment, with the final version going to the Supreme Court in September. More information is available at chicagobarfoundation.org/advocacy/issues/sustainable-practice-innovation/. We will have a longer feature on the task force’s work in the next edition of the CBA Record. As we continue to respond to the immediate challenges this crisis has created, we know that together, we will get through this and come out with an even stronger and more resilient legal system. The Chicagoland Chamber of Commerce is providing small businesses with important resources for loans, grants and other forms of support available in the wake of the COVID-19 pandemic. A collection of important resources at the city, state and federal level is available at www.chicagolandchamber.org. The Chamber is also offering CBA members complimentary assistance if they have questions or need help applying for the Paycheck Protection Program, which is available to help small businesses keep workers on the payroll. Contact Small Busi- ness Director Stacey Pitts Caldwell for assistance at scaldwell@ chicagolandchamber.org or 312-494-6790. Small Business Assistance from the Chamber of Commerce
5 Ways to Recession Proof Your Practice May 4/3:00-4:00 p.m./1 IL MCLE Credit How To... Comply with the Duty of Technology Competence Complimentary! May 5/11:15 a.m. - 12:15 p.m./0.5 IL PR-MCLE Credit (pending) Estate Planning Tools Other Than Wills and Trusts May 6/3:00-5:00 p.m./2 IL MCLE Credit Well-Being Programs in Law Firms May 7/12:00-1:30 p.m./1.25 IL Mental Health PR-MCLE Credit (pending) The COVID-19 Pandemic and Insurance Update (Part 3) May 7/3:00-4:30 p.m./1.5 IL MCLE Credit Doing Business in China May 8/9:00-10:00 a.m./1 IL MCLE Credit Implications of COVID-19 on Practicing Law Beyond Today May 13/2:00-3:00 p.m./1 IL PR-MCLE Credit (pending) How To... Leverage Contemporary Technology Escrow Services to Reduce Your Technology Risks Complimentary! May 14/11:15 a.m. - 12:15 p.m./0.5 IL PR-MCLE Credit (pending) State and Local Tax Update May 14/12:30-2:30 p.m./2 IL MCLE Credit How To Make Partner Part #3 Complimentary! May 15/12:00-1:00 p.m./1 IL MCLE Credit How To... Maintain Wellness While Working From Home Complimentary! May 19/11:15 a.m. - 12:15 p.m./0.5 IL PR-MCLE Credit (pending) Sex & the Law: What You Need to Know Complimentary! May 20/2:00-3:30 p.m./1.25 IL MCLE Credit Solo/Small Firms: Thriving in Challenging Times May 28/3:00-6:00 p.m./2.75 IL PR-MCLE Credit (pending) CLE In-Person • Webcast THE CHICAGO BAR ASSOCIATION Continuing Legal Education
Read a Good BookWhile #StayingatHome Join the CBA Law and Literature Committee onWednesday, June 17, 2020 at 12:00 p.m., via live Webcast todiscuss“ DarkTowers: Deutsche Bank, Donald Trump, and an Epic Trail of Destruction.” Author David Enrich will join the discussion.
Plus hundreds of on demand seminars!
To register, call 312-554-2056 or visit www.chicagobar.org. Programs are held at the CBA Building, 321 S. Plymouth Ct., Chicago, unless otherwise indicated above. Seminars are also Webcast live (as well as archived) at www.chicagobar.org and West LegalEdcenter. Visit www.chicagobar.org/cle for more information. The CBA is an accredited continuing legal education provider in Illinois.
CBA RECORD 15
Investing in Justice
Justice People Deserve, Not Just What They Can Afford.
Even in this time of crisis, Chicago’s legal community has once again stepped up to help ensure that legal help will be there for the increased number of people in need this coming year. The CBF Investing in Justice Campaign makes it possible for tens of thousands of people in need to get critical legal help, which will be especially vital in the aftermath of this pandemic Our thanks to 2020 Campaign Chair Sean Berkowitz of Latham & Watkins, to the Campaign Leadership Team, to the thousands of individuals making personal contributions, and to the more than 150 participating law fi rms, corporate legal departments, and other organizations.
2020 Campaign Participants
Akerman LLP Allstate Insurance Company
Duane Morris LLP Dykema Gossett PLLC Edelson PC Eimer Stahl LLP Elrod Friedman LLP Exelon Business Services Faegre Drinker Biddle & Reath LLP Figliulo & Silverman, P.C. Foley & Lardner LLP Franco Moroney Buenik LLC Franczek P.C. Freeborn & Peters LLP Global IP Law Group, LLC Goldberg Kohn Ltd. Goldstine, Skrodzki, Russian, Nemec & Hoff, Ltd. Grant Law, LLC Greensfelder, Hemker & Gale, P.C. Hawkins Parnell & Young LLP Heyl, Royster, Voelker & Allen, P.C. Hinshaw & Culbertson LLP Holland & Knight LLP Honigman LLP Hoogendoorn and Talbot LLP Horwood Marcus & Berk Chartered Hyatt Corporation Ice Miller LLP Intren Jones Day La Justicia K&L Gates LLP Katten Muchin Rosenman LLP Katz & Stefani, LLC Kennedys CMK Jackson Lewis P.C. Jenner & Block LLP
Laurence H. Levine Law Of fi ces Law Of fi ces of Jason Han The Law Of fi ce of Phillip J. Sprouse Law Of fi ce of Warren Lupel The Law Of fi ces of Stacey J. Dembo LegalServer Levenfeld Pearlstein, LLC LexisNexis Littler Mendelson P.C. Locke Lord LLP Loeb & Loeb LLP Maron Marvel Bradley Anderson & Tardy LLC Marshall, Gerstein & Borun LLP Mayer Brown LLP McDermott Will & Emery McDonald’s Corporation McFee Law Of fi ces, P.C. McGuire Law, P.C. McGuireWoods LLP Michael Best & Friedrich LLP Miller, Can fi eld, Paddock and Stone, P.L.C. Morgan, Lewis & Bockius LLP Motherway & Napleton, LLP Much Shelist, P.C. Neal & Leroy, LLC Neal, Gerber & Eisenberg LLP Nijman Franzetti LLP Nixon Peabody LLP Northern Trust Northwestern Pritzker School of Law Novack and Macey LLP Passen & Powell Pattishall McAuliffe Newbury Hilliard & Geraldson Paul Hastings LLP Peck Ritchey, LLC Peoples Gas Perkins Coie LLP Porter Wright Morris & Arthur LLP
Aronberg Goldgehn Davis & Garmisa Attorneys’ Liability Assurance Society Baker McKenzie LLP BakerHostetler Banner Witcoff Barack Ferrazzano Kirschbaum & Nagelberg LLP Barnes & Thornburg LLP Baron Harris Healey Bartlit Beck LLP BDO USA, LLP Benesch Berkeley Research Group Bloomberg Law Brinks Gilson & Lione Bryan Cave Leighton Paisner LLP Burke, Warren, MacKay
& Serritella, P.C. Carmel Law, LLC CBRE
Chapman and Cutler LLP Charles River Associates Chicago Bar Association The Chicago Bar Foundation Chico & Nunes, P.C. Clark Hill PLC Clifford Law Of fi ces CME Group Inc. Corboy & Demetrio Compass Lexecon Cozen O’Connor Crowe LLP Dentons US LLP Discover Financial Services DLA Piper LLP (US) Dolan Law