CBA Record May-June 2022

May/June 2022 CBA

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CBA RECORD CONTENTS

May/June 2022 • Volume 36, Number 3

4

Editor’s Briefcase The American Golden Rule by Justice Michael B. Hyman

CELEBRATING 35 YEARS OF THE CBA RECORD 18 Booze, LAP, the Deb and Me

6

President’s Page Lawyers and Gratitude by E. Lynn Grayson

By Patrick W. O’Brien with Introduction by Judge Patricia O’Brien Sheahan

25

Judges’ Advice to Lawyers in 2022 By Judge Jasmine V. Hernandez

8 CBANews 12 Chicago Bar Foundation Report 14 The Pulse 42 HistoryWill Judge Using Our Identities to Reach Others by Nina J. Fain 44 Nota Bene

28

From “Aforementioned” to “Zir”: The Evolution of Legal Writing By Amy Cook

INSIDE THE ISSUE

31

Our 28th Amendment to the U.S. Constitution Michele Honora Thorne

They/them/their: How toWrite Clearly with Inclusive Pronouns by Kathleen Dillon Narko

YOUNG LAWYERS SECTION

36

CBA Mediations, At Your Service By Tracy Brammeier

46 Summary Judgements

Whims of War by Don Sampen

37

Myth vs. Reality: How You Can Serve as a JEC Investigator and Help Influence the Judiciary By Ted Kontopoulos

49 LPMT Bits & Bytes This Summer, Don’t Forget to Unplug by Anne Haag 50 Practical Ethics

40

Landing a Job in 2022: 3 Tips for Law Students By Alex Kontopoulos & Ted Kontopoulos

Practical Ethics: Change is Constant by Trisha Rich

The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org. Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/oMembership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2022 by The Chicago Bar Association. All rights reserved. Reproduction inwhole or in part without permission is prohibited. The opinions and positions stated in signedmaterial are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.

This month’s cover highlights the CBA Record, then and now. We celebrate our contributors, editors, and members who have helped make our publication outstanding since the first issue in 1987. We look forward to the next 35.

CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF

EDITORIAL BOARD EDITOR-IN-CHIEF

Justice Michael B. Hyman Illinois Appellate Court

The American Golden Rule Originally published in the October 2009 issue of The CBA Record.

ASSOCIATE EDITOR Anne Ellis Proactive Worldwide, Inc.

W e all know the Golden Rule. It is found in one form or another in the holy books of all major religions. “Do unto other as you would want them to do unto you.” (Christian ity) “None of you (truly) believes until he wishes for his brother what he wishes for himself.” (Islam) “Love thy neighbor as thyself.” (Judaism) “Let no one do to another that which would be repugnant to one’s self.” (Hindu) “Hurt not others in ways that you yourself would find hurtful.” (Buddhist) No matter how articulated, the Golden Rule boils down to treating others fairly, respectfully, and as equals, without discrimination or recrimination.I suggest there is yet another version of the Golden Rule, which is wholly American in its origin while universal in its essence. As I call it, the American Golden Rule is contained in the concluding paragraph of President Abraham Lincoln’s Second Inaugural Address. Scholars regard this speech as Lincoln’s best. It also was Lincoln’s last. Influenced by the ideas embodied in the Declaration of Independence and shaped by the torment of the Civil War, Lincoln’s Second Inaugural ends with a clear vision of how the nation should go about perfecting unity. The last sentence begins, “With malice towards none; with charity for all.” This powerful phrase is the American Golden Rule. The Meaning of ‘Malice’ and ‘Charity’ By renouncing “malice,” Lincoln wanted the nation to exercise self-discipline and ease the North’s anger and vilification of the South. After the armistice, Lincoln thought the former enemies should “do all which may achieve and cherish as just and lasting peace among ourselves.” Lincoln knew that as long as there was hostility, bigotry, and divisive discourse, America’s moral “goodness” would be considerably strained, if not undermined. Next, Lincoln embraced the concept of “charity.” The “charity” to which Lincoln referred has nothing to do with philanthropy or donations but rather expresses the antithesis of malice. By “charity,” Lincoln was calling for benevolence, not shame; magnanimity, not condemnation; compassion, not revenge. Lincoln wanted to ensure respect for the inalienable dignity of every American regardless of region, race, religion, or creed. Not to be overlooked are those two little words: “none” and “all.” They give a bite to Lincoln’s noble sentiment by aspiring to be inclusive and holistic. Since Reconstruction, Lincoln’s statement has taken on a different connotation with a broader, more generalized meaning beyond his original intention. Today, “with malice toward none; with charity for all” denotes two deeply held American principles - that hate-filled words and actions are repugnant to America’s pluralistic democracy and that America stands for treating others with grace and justice. America has had a troubled history living up to Lincoln’s rhetoric. Though progress has been made, especially during the last 50 years, the daily headlines confirm that America still struggles with its diverse inheritance. Malice persists in many forms, such as racial profiling and discrimina tion, gender stereotyping, and homophobia. Eradicating malice will remain a difficult challenge until the American Golden Rule is tightly embedded into the national conscience. The legal profession must do all it can to realize the American Golden Rule as a central defin ing characteristic of life in 21st century America. We accomplish this by following the American Golden Rule in our personal and professional interactions. We need more than ever for every American to seize the American Golden Rule and make it a constant and enduring force in America. May 2022 Like the conventional Golden Rule, the American Golden Rule counts as a code of behavior in the minds of many, but not in reality. A treasured belief often elusive in practice. A tenet of modern life that could, but hasn’t, helped repair America’s social fabric. If only everyone would conduct themselves “with malice toward none; with charity for all.”

SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Howard and Howard Attorneys PLLC YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC Kaitlin King Hart David Carson LLP Theodore Kontopoulos BKD LLP Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Office Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Kirby McInerney LLP Clifford Gately Judge Jasmine Villaflor Hernandez Circuit Court of Cook County 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

THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing

4 May/June 2022

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PRESIDENT’S PAGE BY E. LYNN GRAYSON Lawyers and Gratitude

The Chicago Bar Association www.chicagobar.org

OFFICERS

President E. Lynn Grayson

that the profession’s new “normal” is even better. We welcome greater flex ibility into our work environments to improve how and where we practice law. We support the continued use of virtual meeting technology and remote hearings to streamline how we work together and interact with the courts and clients. We understand what matters most in rede fining how we connect and socialize with one another and determining what we need from the CBA. I am grateful for the many collabora tive efforts to forge a new and improved legal profession. The CBA remains at the forefront of these efforts to transform the practice of law, ensuring lawyers the best possible opportunities for sustain able, successful legal careers. Like you, I look forward to continuing to be a part of legal innovation efforts and access to justice initiatives that will benefit other lawyers and the clients we serve. I have come to believe that gratitude is a powerful force for good. Far from a fluffy or frivolous concept, it has real impact on physical health, emotional well-being, motivation, engagement, and belonging. How do lawyers feel about gratitude? In her article titled “Lawyers and Gratitude” in the Notre Dame Jour nal of Law, Ethics & Public Policy, author Reed Elizabeth Loder recommends that every lawyer should cultivate, feel, and act upon a special type of gratitude she refers to as legal gratitude. She also con cludes that a grateful lawyer is a more effective member of the legal workplace. As this bar year draws to a close,

First Vice President Timothy S. Tomasik

Second Vice President Ray J. Koenig III

Secretary Kathryn Carso Liss Treasurer John C. Sciaccotta

Immediate Past President Maryam Ahmad

I t has been another extraordinary year for the CBA, and I am proud of all we have accomplished together. While the pandemic has made us weary, I am grateful for the many contributions of our members to help and to support one another. I also appreciate and value the legal innovations aimed at improving the practice of law brought about by our shared remote working experiences. I will be forever grateful for the privilege to serve as the CBA president during this critical time, knowing I was in the right place at the right time. Serving as CBA president during the pandemic has been a unique opportunity to view firsthand the beginning of the transformation of the legal profession. The challenges lawyers have managed over the last couple of years have resulted in a shared vision and mutual under standing that how we practice law and how individuals gain access to the jus tice system must change. As a legal com munity, we embrace the positive lessons learned from the pandemic to ensure

Executive Director Elizabeth A. McMeen

BOARD OF MANAGERS Michael Alkaraki

Hon. Charles S. Beach II Alexis Crawford Douglas Octavio Duran Nina J. Fain Robert W. Fioretti Malcolm “Skip” Harsch Risa R. Lanier Patricia L. McCarthy Hon. James M. McGing Hon. Clare Elizabeth McWilliams Juan Morado, Jr.

Brandon Peck Ashley Rafael Antonio M. Romanucci

Hon. Maria Valdez Sandra S. Yamate

6 May/June 2022

I want to express my gratitude and appreciation once again to the CBA members who have chaired our com mittees, organized CLE programs, held leadership positions, and showed up time and time again to support friends, colleagues, and the work of the CBA. I am particularly grateful for the hard work and dedication of our members who commit their time and talents to so many important programs and initia tives critical to the CBA’s mission: 1. Diversity, Inclusion, Culture, and Equity and Engagement (DICE) Program 2. Barristers Big Band, CBA Chorus, CBA Symphony Orchestra and Bar Show 3. Judicial Evaluation Committee 4. Legislative Committee 5. The CBA Record Editorial Board, @theBar podcast, and @theBar blog

6. Alliance for Women 7. Lawyer Referral Service and Call A-Lawyer public outreach 8. CBA Board of Managers We are grateful for the country’s best Young Lawyers Section and for all they do for the bench, bar, and the commu nities where we live and work. The YLS has enjoyed another successful year of impactful programs, events, and activi ties and recently slated the leadership team for the 2022-2023 bar year. The CBA is very fortunate in the good judgment, loyalty and commit ment of its professional leadership team led by Executive Director Beth McMeen. With their support, we have succeeded time and time again in responding to the ever-changing needs of our members and engaging more judges, lawyers, and members of the public than ever before.

This bar year we worked hard to get our house in order with special initia tives that included, among others, the amendment of CBA’s bylaws, a new strategic planning process, a critical review of membership and fiscal con cerns, and the launch of the 150th anni versary planning committee. As we look to the celebration of the CBA’s 150th anniversary in 2024, it has been the per fect year to work together to secure the CBA’s future and continued success as one of the country’s leading urban bar associations. I am grateful to all the CBA mem bers who make a difference in the com munities where we live and work each day. It has been my honor and privilege to serve as the CBA’s 148th President . ■

INTRODUCING Robert C. O’Brien, U.S. Ambassador, Retired

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CBA RECORD 7

CBANEWS 2022 Vanguard Awards Honor Diversity Champions

in the Legal Community By Ann Glynn, CBA Public Affairs Director T he Chicago Bar Association, along with many other local bar associa tions, annually presents the Van

Bar Association include having served as Chair of the Class Actions, Financial Services, Securities Litigation, and Bench and Bar Committees, and as a member of the Judicial Evaluation Committee and Board of Managers. He currently serves as the CBA’s General Counsel.

guard Awards to honor trailblazers who are leading the way to promote strength, professionalism, and diversity across the legal community. The awards were held in a hybrid format this year (both virtually and at the CBA Building) to recognize those who have championed making the law and legal profession more accessible to and reflective of the community at large. “The Vanguard Awards highlight the important contributions made by the changemakers leading our legal com munity. Through their dedication and tireless work, these honorees continue to improve our profession. The CBA is proud to recognize Howard Suskin and all the distinguished award recipients.” said CBA President E. Lynn Grayson. Distinguished award recipients included: Janette Angela Strzalka, Advo cates Society; Donna Haddad, Arab American Bar Association of Illinois; Ann Chen, Asian American Bar Asso ciation; Ngozi Okorafor, Black Women Lawyers’ Association of Greater Chi cago; Howard Suskin, Chicago Bar Asso ciation; Elaine Sit, Chinese American Bar Association of Greater Chicago; Urie R. Clark, Cook County Bar Association; Judge Grace G. Dickler, Decalogue Soci ety of Lawyers; Judge Anjana Hansen, Filipino American Lawyers Association; Griselda Vega Samuel, Hispanic Lawyers Association of Illinois; Judge Jill Rose Quinn, Lesbian and Gay Bar Association

Howard Suskin

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of Chicago; Jaime R. Santana, Puerto Rican Bar Association; Debjani Desai, South Asian Bar Association of Chicago; and Deanne Brown, Women’s Bar Asso ciation of Illinois. Video from the awards ceremony and additional information can be found on the CBA’s YouTube Channel at www.youtube.com/chicagobar. The CBA’s honoree is Howard Suskin, a partner at Jenner & Block and co-chair of the firm’s securities litigation and enforcement practice group and the class action practice group. He counsels and represents clients regarding shareholder litigation, board investigations, and secu rities administrative and self-regulatory organization proceedings and in arbitra tions. Suskin is co-chair emeritus of the Jenner & Block LGBTQ Forum, whose members play significant roles in pro bono advocacy at the national and local levels. His leadership roles at The Chicago

Sheila Nielsen, MSW, JD sheila@nielsencareerconsulting.com

8 May/June 2022

InspiringWomen: CBA Hosts General Counsel from 4 Chicago Museums By Jennifer Byrne, CBA Continuing Legal Education Director T he CBA was honored to host the general counsel of four of Chica go’s top museums for a discussion the Museum’s employees voted to form a union with AFSCME. The panelists also mentioned that it is common to work in tandem with scientists to ensure the con tinuous preservation of the works and objects within their collections.

and reflect the communities in which they operate. The panelists described a variety of efforts they have undertaken in this regard, including creating stronger pipe lines for women and persons of color to reach higher levels of senior manage ment, improving accessibility for patrons within museum spaces, and making a more deliberate effort to exhibit BIPOC and women creators within museum col lections. When asked by President Grayson what they enjoyed most about their jobs, although the answers varied, they shared a common theme: the greatest reward comes from working with thoughtful, creative people who put their hearts into supporting the mission and the vision of their respective institutions. The CBA is pleased to offer our mem bers unique opportunities such as this program to learn from our city’s most accomplished attorneys and to celebrate the women lawyers who have worked hard to maintain our city’s vibrant cul tural landscape during challenging times. The program, entitled “Inspiring Women: Meet the Women Leading Chicago’s Museums,” is now available in the CBA’s on-demand MCLE archive at www.learn. chicagobar.org and qualifies for 1 IL Diversity/Inclusion PR-MCLE Credit.

about how the women navigate their roles as legal advisors to some of the world’s most renowned cultural institutions. CBA President E. Lynn Grayson moderated the program; panelists included Lori Breslauer of the Field Museum, Catherine Casey of the Shedd Aquarium, Pam Chen of the Museum of Science and Industry, and Leslie Darling of the Art Institute of Chicago. The program was held virtually on International Women’s Day and served as the flagship program of the CBA’s annual Women’s History Month celebra tion. Over 130 lawyers joined us to learn how these women rose to the top of their respective organizations. One major takeaway from the pro gram is that there is no “average day in the office” for the general counsel of a major metropolitan museum. Although each museum functions as its own world, the general counsel must address a broad range of legal issues ranging from board governance to labor and employment to charitable giving. According to Chen, the variety and novelty means the job is “never not exciting.” Novel legal issues also arise that are specific to each type of museum. Of her work at the Field Museum, Breslauer said, “There is always a twist. We may deal with intellectual property, but in our case, it is intellectual property related to our T. Rex Sue.” Darling shared several exam ples of unique legal situations she has encountered at the Art Institute, includ ing those surrounding the accessioning and de-accessioning of artwork into the museum’s collection and issues related to higher education at the School of the Art Institute. Recently, her legal department has had to develop new ways of work ing within a unionized environment after

The Covid-19 pandemic also caused unique challenges that impact muse ums on many fronts. Museums pivoted to online programming and considered digitization of their collections, which lead to intellectual property concerns. The general counsel also grappled with managing a remote work force. But as these challenges arose, the panelists’ col laborative relationship with one another proved to be beneficial and enabled them to develop uniform policies regarding museum closures, masking and vac cine requirements, and re-opening dates. “We’ve been frequent collaborators and each other’s shoulder to lean on through out this challenging time,” said Darling as she described the panelists’ efforts to ensure that visitors to Chicago’s museums continue to be served well and in similar fashion throughout the pandemic. The panel also focused on the topic of diversity and inclusion. For museums to attract the next generation of patrons and supporters, they must be welcoming envi ronments to people of all backgrounds

Pictured from top left: Catherine Casey, Shedd Aquarium; Lori Breslauer, Field Museum; Leslie Darling, Art Institute of Chicago; Pam Chen, Museum of Science and Industry; and E. LynnGrayson, Nijman&Franzetti/CBAPresident (moderator).

CBA RECORD 9

10 May/June 2022

CLE & MEMBER NEWS

Renew Your Membership and Receive FREE CLE Coupons! Dues Installment Plan, Financial Hardship Dues and Retired Rates Available

It’smembership renewal time at the CBA! This past year has been challenging for all, but we are proud to say that the CBA has stepped up to serve you in many new ways and we will continue to do so in the coming bar year with more hybrid and in-person events. In April, all members were mailed an annual dues renewal statement for the membership period June 1, 2022- May 31, 2023. As a special incentive for renewing early, if your dues payment is received by May 31, you will receive two free West LegalEdcenter CLE coupons (emailed in June and January, must be used for CBA seminars hosted on the West LegalEdcenter ). Renewing is easy: online (www.chicagobar.org), by phone (312-554-2020), or by mail. Dues installment plan, $50 financial hardship dues and $75 retired rates are available (email billing@chicagobar.orgwith requests). Most programs are now virtual at learn.chicagobar.org so you can access all CBA resources anytime, from anywhere. The CBA is your ultimate legal network with resources that can help you: • Save time and money • Access practical legal, business and technology skills • Keep pace with legal developments and trending topics • Start/growyour practice throughbusinessdevelopment programs

• Enhance your resume with speaking/writing/leadership opportunities • Prepare for career changes • Find work/life balance • Give back to the community Member benefits include: More free CLE on demand 24/7, over 300 archived seminars, practice area updates related to the pandemic, CBA mediation service, law firmmarketing and business development programs, virtual judicial meet and greets, legal news feeds, personalized career counseling for all stages of your career, young lawyer blog andpodcast series, howto’s on legal andbusiness software, and more. Most of these benefits are free or very low cost. What’s ahead: Expanded practice basics series, trial skills institute, networking/business development events, DEI programs and volunteer opportunities. Visitwww.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 regarding dues statements should be referred to the CBA’s Membership Accounting Department at 312-554-2020 or billing@chicagobar.org.

• Connect with local attorneys and judges • Meet your IL MCLE requirement for free

CBA Welcomes May New Admittees

To help introduce newly sworn-in attorneys to the legal profession, the CBA offers free membership and free CLE for one year. Other benefits include mentoring and networking, job search resources, how-to seminars, participation in practice area and service com

mittee activities, career development services, social events and more. If you know a new lawyer who has not yet activated his or her complimentary membership, please encourage them to do so. Email membership@chicagobar.org for more information.

Unlimited CLE for Only $160 a Plan Year

The new unlimited CLE-Advantage Plan Year begins on June 1, 2022, and includes most CBA, Young Lawyers Section and Law Practice Management & Technology (LPMT) Division seminars (live Webcasts and 300+ on demand video archives). This is an

exceptional value as a 3-hour seminar is $90 at the member rate. Sign up now at www.chicagobar.org (under the Education tab), call 312-554-2052 or email cle@chicagobar.org.

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CBA RECORD 11

Chicago Bar Foundation Report

Peanut Butter & Jelly Sandwiches and Toasters v. Typewriters and Toll Booth Operators By Bob Glaves, CBF Executive Director

I nnovation. It’s what all the cool kids are talking about. It’s something the CBF is proud to be a longtime leader in on the access to justice front, and it’s something we could use a lot more of in our profes sion and in our justice system.

What is innovation anyway? In simple terms, innovation is a new idea or a new way of doing things. Many people conflate innovation with tech nology, and while technology is often a means of innovation, it is much broader than that. Innovation can encompass every aspect of doing business, and it is often broken down into four broader areas: • A new or improved product or service, • A new or improved process or way of delivering a product or service, • A new or improved way of market ing a product or service, or • A new kind of organization or business practice.

What problem are we trying to solve? A good starting point for thinking about innovation is what problem are we trying to solve or what opportunity do we see to make things better? One of the best books out there on innovation is Adapt by Tim Harford. The book is a trove of wisdom and guid ance on innovation and how it happens, but Harford starts off the book with the example of the toaster to illustrate that there also are plenty of things that are proven solutions that have stood the test of time. I have added the venerable peanut butter & jelly sandwich into that mix too, and we can all think of many other good examples. That said, for all of those tried-and true solutions with well-earned staying power, there are many more areas that are ripe for innovation or for new ways of doing things. But for that to happen, it takes visionaries who are committed to taking risks, trying new things, and admit ting failure and learning from it. As Henry Ford famously said, “If I asked the people what they want, they would have told me a faster horse.” The horse and buggy of course gave way to the car as our primary means of transit, and it changed the world. The typewriter gradually gave way to the com puter, and all its subsequent iterations

Thus, the title of this article. In the quest for the promised land of a justice system that is fair and accessible for all, we need to identify our legal versions of PB & J sandwiches and toasters* that have served us well over the years and continue to do so and distinguish them from our legal equivalents of typewriters and toll booth operators, former mainstays that were overtaken by far superior solutions. * I used those two examples for their individ ual staying power, not as a combo, but toasting your PB & J sandwich is an underrated way to make it even better. Hot tip for the day is to try the PB & J sandwich at Potbelly some time. You’re welcome.

Central to innovation is a commitment to constant improvement and an open ness to new ways of doing things and taking risks.

12 May/June 2022

and accessories we continue to see today that have transformed our lives. And no offense to the hard-working people who served as toll booth operators throughout the country, but they largely have given way to far better express pass systems where we just keep on driving and pay automatically. And so on. Is “innovation” just a coverup for bad execution or underinvestment in proven solutions? We should be wary of innovation being pitched as a solution when the real prob lem is poor execution of something that works quite well when done right. Similarly, when a product or service has proven its worth but is not supported with adequate investment, innovation can distract from the work necessary to secure that proper investment in the already proven solutions. Ensuring we take the time to under stand the problem we are trying to solve is a crucial first step in the innovation process. Looking at our profession and legal system through the innovation lens You may have heard the joke about Abe Lincoln the lawyer and his doctor friend talking at the end of the day circa 1850 when they are suddenly caught in a time

warp and find themselves in present day Illinois. The doctor walks over to a hospital he sees nearby and is quickly overwhelmed by all the technology and machines and has no idea how he could continue as a doctor because there have been so many advances. Lincoln on the other hand sees a courthouse nearby, finds it to be a very familiar place, and is trying a case in no time. That joke, which has many variations, underscores that there is no shortage of opportunity to modernize our profession and justice system. But it also shows that the core roles that lawyers play, counsel ing clients through difficult life circum stances and advocating for their rights to secure justice, are just as important today. As we move forward, we need to distin guish our toasters from our typewriters. Some examples: Peanut Butter & Jelly Sandwich: Holding jury trials and significant evi dentiary hearings in-person. Toll Booth Operator: Requiring rou tine status hearings or lower stakes legal proceedings be held in-person rather than utilizing remote access options.

and advocacy for someone facing a significant life issue or case in court. Typewriter: A system where a lawyer is often necessary for even low stakes legal matters or to simply navigate arcane procedural hurdles that were made for complex commercial or tort disputes. You get the point. There are many ele ments of our profession and court system that have rightly stood the test of time as integral parts of a justice system that lives up to our ideals. But there are many more that are just crying out for new and inno vative solutions to bring the profession and legal system into the 21st century. It is incumbent on us to know the dif ference between these two sides of the system and act accordingly. We need both innovative new solutions and proper investment in and execution of things we already know work well to create a fair and accessible justice system for all.

Bob Glaves i s the Executive Dir ector of The Chicago Bar Foundation.

Toaster: A lawyer providing counsel

Illinois Courts Commission Seeks First Executive Director Founded more than 50 years ago, the Illinois Courts Commission acts as the state’s judicial disciplinary body tasked with handling ethics complaints against judges. For the first time ever, the Commission is seeking an executive director to serve as the head of the agency and supervise day-to-day operations. Administrative duties for the Commission previously fell to the Administrative Office of the Illinois Courts. In 2021, the Illinois legislature appropriated funds for the commission to hire staff, procure office space and build a website. The executive director will administer the Commission’s docket of cases involving complaints filed by the Judicial Inquiry Board, ensuring that the Commission’s procedures and decisions are readily available to judges and the public. They will also respond to inquiries from judges, lawyers, the public, and the media. Illinois Supreme Court Justice Mary Jane Theis is the chair of the Commission. “Having an effective leader oversee this Commission is a significant step in enhancing public trust and confidence in the judiciary,” said Justice Theis. The executive director will have an office at the Commission’s headquarters in Chicago. Applications were due in April and Justice Theis said they hope to have someone in place this summer. Find details on the Commission at www.Illinois CourtsCommission.gov.

CBA RECORD 13

Other special elements are also being planned. All members will receive com plete information via email or can check www.chicagobar.org. Justice John Paul Stevens 2022 Award Nominations Each year, the Association honors law yers and judges whose careers best exem plify the integrity, commitment to public service, and distinguished career of the late U.S. Supreme Court Justice John Paul Stevens. Justice Stevens served as Second Vice President of the CBA until his appointment to the U.S. Court of appeals for the Seventh Circuit in 1970. In December 1975, he was nominated to fill the vacancy of U.S. Supreme Court Jus tice William O. Douglas and was sworn in several weeks later. He retired in 2010 after 34 years – making him the third-lon gest-serving justice in the Court’s history. In 2000, The Chicago Bar Association, The Chicago Bar Foundation and Justice Stevens’ law clerks established the award that bears his name, which is the highest award presented by the CBA. Nominations for the 2022 Justice John Paul Stevens Award should be submitted by August 5, 2022. Please email them to Sharon Stepan at sstepan@chicagobar. org. A date for presentation of the Jus tice John Paul Stevens Awards will be announced in early fall. MCLE Reporting Deadline Lawyers with last names beginning with the letters A through M are required to complete their Illinois MCLE credits by June 30, 2022. The Board’s online reporting system at www.mcleboard.org is available for you to view your credits. Attorneys must complete their credits by June 30, 2022, and report compliance by July 31, 2022. Attorneys in need of credit are encouraged to visit the CBA’s online CLE platform at learn.chicagobar.org to find over 300+ hours of seminars (many are free!). CBA Insurance Agency Many members may not realize that the Association has had an in-house agency since the early 1990s to provide a full range of insurance service to our

THE CBA PULSE BY BETH McMEEN, CBA EXECUTIVE DIRECTOR

CBA Past President Kerry R. Peck headlined a recent Law at the Library session focused onwritingwills, setting up trusts, and planning your estate. Law at the Library is co-sponsored by the Chicago Public Library and the Evanston Public Library with the goal of answering the legal questions of Chicago residents and providing practical resources and insights into today’s most prevalent legal issues. The video is now available on the Evanston Public Library’s YouTube page at www.youtube.com/watch?v=EjfFsbiVAPo. If you would be interested in speaking on behalf of the program, send an email to PR Director Ann Glynn at aglynn@chicagobar.org.

Louis G. Apostol , Public Administra tor for Cook County; Naderh Elrabadi , Elrabadi Law; Anthony F. Fata , Kirby McInerney LLP; Cynthia S. Grandfield , Del Galdo Law Group LLC; Judge Mary Rowland , United States District Court for the Northern District of Illinois; Kevin Thompson , Levin Ginsburg; Judge Allen P. Walker , Circuit Court of Cook County; and Matthew P. Walsh II , Hinshaw & Culbertson. CBA Annual Meeting The CBA’s 149th Annual Meeting will be held in-person on Thursday, June 23, 2022, at Noon at the Union League Club of Chicago. Outgoing President E. Lynn Grayson , Incoming President Timothy S. Tomasik , Secretary Kath ryn C. Liss , and Treasurer John C. Scia cotta , among others, will make remarks.

2022 Nominating Committee The 2022 Nominating Committee, chaired by former CBA President Jesse Ruiz, has completed its work. The fol lowing slate of new officers and board members will assume office at the Asso ciation’s 149th Annual Meeting on June 23, 2022. Timothy S. Tomasik , Toma sik Kotin Kasserman LLC, will succeed to the office of President. Ray J. Koenig III , Clark Hill, having served as Second Vice President, will become First Vice President. John C. Sciaccotta , Aron berg Goldgehn, was selected to serve as Second Vice President. Kathryn C. Liss , DePaul University College of Law, was selected to serve as Secretary for a second year, and Nina Fain , JS Schirn Family Trust, was elected to serve as Treasurer. Members selected to serve a two-year term on the Board of Managers include

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Bekkerman, LLC as an associate… Gold berg Segalla added Lona H. Sayej to its Workers’ Compensation group in Chi cago … Chuhak & Tecson has moved to a new location at 120 S. Riverside Plaza, Suite 1700, Chicago… Renai Rodney joined the law firm of Ropes & Gray in the firm’s Chicago litigation & enforce ment practice. Adam P. Beckerink has joined Duane Morris LLP’s corporate practice group in its Chicago office… Former CBA Presi dent Kerry R. Peck was appointed by the Illinois Supreme Court to serve as the first Chair of the Supreme Court’s Commission on Elder Law… Chicago based McHugh Construction hired Tina M. Paries as general counsel… John D. Risvold has been named a partner at Col lins Law Firm… Michael L. Gaynor has joined Katten Muchin Rosenman LLP as counsel to its real estate practice focusing on the Midwest… Ashley L. Orler is a partner at Constangy, Brooks, Smith and Prophete LLP… Francesca M. Simon celli as joined Laner Munchin as an asso ciate… Incoming CBA Board member Louis G. Apostol was reappointed as Public Administrator of Cook County by Governor J.B. Pritzker. Condolences Condolences to the families and friends of Joseph M. Carrabotta , Judge Jack B. Schmetterer , Judge Susanne M. Groebner , Amy H. Kane , Walter N. Kaufman, Richard T. Cozzola, and Richard D. Glickman .

members. The CBA Insurance Agency is run by Tyler Sill, an experienced, licensed broker. If you are interested in obtaining a quote for your Lawyer’s Professional Liability coverage or are interested in learning more about cyber liability, dis ability, life and/or health insurance, he can be reached at 312-554-2077 or tsill@ chicagobar.org. There is no charge to obtain a quote. Tyler’s ability to acquire quotes from a wide variety of A+ mal practice insurance carriers often result in premium savings. Thank You to Our Many Volunteers National Volunteer Week officially took place in April, but the CBA would like to acknowledge and thank our dedicated members who serve in leadership roles; speak at our seminars and committee meetings; participate in our legislative process, judicial evaluations, mentoring programs, pro bono, and community service projects; and support the CBA’s mission in so many other ways. With your time and talent, the CBA continues to be one of the most prestigious and award winning metropolitan bar associations in the country. To become more involved in CBA and YLS volunteer opportunities, email membership@chicagobar.org with your interest areas. Congratulations CBA Board Member Judge Clare Eliza beth McWilliams was honored as the Celtic Legal Society’s Celt of the Year…

The Institute for Inclusion in the Pro fession , founded by CBA Board Member Sandra S. Yamate , received the ABA Litigation Section’s Diversity, Equity, and Inclusion Committee’s 2022 Diver sity Leadership Award… The Illinois Supreme Court appointed Erika Harold as the new Executive Director of the Commission on Professionalism… The Judicial Inquiry Board appointed Nato sha Cuyler Toller as deputy director… CBA Past President J. Timothy Eaton received the Illinois Bar Foundation’s Distinguished Award for Excellence… Jenner & Block released the 2022 edi tion of its Illinois Civil Practice Guide; former CBA board member and Jenner & Block partner Andrew W. Vail is the lead author… Karen L. McNaught was appointed a U.S. Magistrate… Kirby McInerney LLP added Anthony F. Fata , a plaintiffs’ litigator in commodities, securities, and whistleblower matters, as a partner in the firm’s new Chicago office. Illinois Appellate Court Justice Mary K. Rochford was named Chair of the Illi nois Supreme Court’s Remote Proceed ings Task Force… The Chicago boutique litigation firm of Figliulo & Silverman P.C. became the ninth U.S. office of the international law firm of Smith, Gam brell & Russell LLP… Cozen O’Connor attorney Brian Shaw was named one of the Top 500 Bankruptcy and Restructur ing attorneys in the country by “Law dragon” magazine… Cameron J. Tober joined Taxman, Pollock, Murray &

The CBA, The Illinois State Bar Asso ciation, and Illinois Judges Associa tion hosted a networking reception to celebrate the accomplishments of women lawyers and judges in Illinois. Pictured from Left from the law firm of Nijman Franzetti: Anne Kaup, Kristen Gale, CBA President E. Lynn Grayson and Susan Brice.

CBA RECORD 15

2022 Flash Fiction

Creative Writing Contest

Open Call to CBA Members: Submit Your Flash Fiction Today! The Editorial Board of The CBA Record invites and encourages CBA members to participate in a Flash Fiction Creative Writing Contest. Do you have a story waiting to be told? Or are you just tired of footnotes and citations? If so, this is the contest for you!

Who? CBA members, including law students (excluding CBA board and officers, CBA staff and CBA Record editorial board members). What? Flash Fiction (1200 words or less) writing contest for CBA members. Topics do not need to be related to the legal field but must be original works, rated PG, and previously unpublished. The CBA will retain nonexclusive rights to all materials published by the CBA. Finally, no more than two submissions per person, please. When & Where? Submit your story and by-line by Friday, Sepetmber 2, 2022 to CBARecord@ chicagobar.org.

Why? Win a fabulous prize and a fun way to flex your creative muscles! The first prize winner will have their work published in The CBA Record and receive a $100 Amazon gift card. Second and third place winners will have their work published on the CBA’s website/ The CBA Record online edition! How? Submissions will be judged by members of the CBA Record editorial board and a “celebrity” judge (TBA), will assist in judging the final round. Writers are asked to adhere to the CBA Writer’s Guidelines found at www.chicagobar.org/chicagobar/WG. The CBA Record editorial board will make the final decision regarding publication of any piece submitted. For any further questions, please send your inquiry to CBARecord@chicagobar.org.

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35 TH ANN I VERSARY OF THE CBA RECORD

Look Back at 35 Years of the CBA Record

Anniversaries allow us to look back with better understanding and look forward with more resolve. Thirty-five years ago, the CBA Record became the Chicago Bar’s flagship publication. As this anniversary issue attests, the more things change, the more they stay the same. The truth of this aphorism says a lot about human nature. Things have changed, yet the changes do not seem to have made the practice of law or our lives, for that matter, easier or better. As you read this issue, think about how you have changed in the past 35 years and what you hope for in the next five or ten years. (For the thousands of members who weren’t around 30 years ago, let alone 35, think about the past 20 years.) The CBA Record is produced by members for members. Thank you to all current and former editorial board members. (Names of current board members appear on page 4). Each issue of our six yearly issues entails a team effort in which every board member contributes. A shout-out to board members who have served 10 years or more: Carolyn Amadon, Amy Cook, Daniel A. Cotter, Cliff Gately, Judge Jasmine Villaflor Hernandez, John Levin, BonnieMcGrath, Pamela S. Menaker, Kathleen Dillon Narko, Adam Sheppard, and Rosemary Simola Thompson. Also, a big thank you to Sharon Nolan, the CBA’s multitalented Director of Marketing, who also serves as the CBA Record’s publication manager. Sharon is phenomenal and performs a time-consuming assignment with infinite care and energy. Finally, thanks to you, our readers and fellow members. We wel come your editorial submissions, letters-to-the-editor, and feedback. Justice Michael B. Hyman, Editor-in-Chief

January 1987

May/June 2022

CBA RECORD 17

35 TH ANN I VERSARY OF THE CBA RECORD

Mydad, PatO’Brien, lovedbeingatrial lawyer, asevidencedbyhisendlesscacheofever-evolvingcolorful storiesabout his courtroom legal battles over his 50-plus year career at Mayer Brown, LLP. If you had the good fortune of knowing him, you undoubtedly were a recipient of one or more of his stories because he was never accused of being shy. He passed away peacefully on August 11, 2006, the day after returning from our cherished annual family vacation in the Northwoods of Wisconsin, where my parents, my siblings, their spouses and all of the 13 grandchildren spent every meal together at one long table. The following article, written by my dad for The Chicago Bar Association, was a source of pride for him because The Lawyers Assistance Program, of which he also served as president, and Alcoholics Anonymous were anchoring supports for him during his last two decades of life. He wanted others to join the ranks of these programs if similarly in need. He also was cognizant of the fact that it was rare, if not unheard of, for an attorney to publish the fact that he was an alcoholic, let alone provide the details. Themassive turnout of people at my dad’swake included several who stood in line for hours to tell my siblings andme about howour dad, through his goodworkswith LAPandAA, saved their life. Hewould be very proud to knowthat this article – his labor of love published 23 years ago – still resonates today and may even save a life.

Judge Patricia O’Brien Sheahan

CBA RECORD ARTICLE, September 1999 BOOZE, LAP, THE DEB AND ME “The Lawyers’ Assistance Program helps lawyers with emotional or substance abuse problems. I am its President. I was once its target .”

By Patrick W. O’Brien

T his story is about LAP and the Deb (my wife, Deborah, a/k/a Debbie) helped me to banish booze from my liquid diet. It is in three parts as is the custom at “program” meetings: “What it was like, what hap pened, and what it’s like now.” What It Was Like I grew up in Evanston, Illinois with a Mom, a Dad and two brothers – one older, one younger. The respective birth dates were Dad (1898), Mom (1903), older brother (1925), me (1927), younger brother (1930). My father – baptized “Maurice” – was called “Red.” He also grew up in Evan

ston where his father had located after emigrating from Canada. My father was the only one of his six siblings to gradu ate from college. He flew reconnaissance airplanes in World War I, smoked Camel cigarettes from 1917 to 1957 and was, so I was told by his former boss, “the best goddamn steel salesman of his time.” (1922-1963) His preferred drinks were bourbon on the rocks and boilermakers. After a few of either or both, the sparse hairs on the top of his head curled and rose from his scalp. On some drinking occasions he might recite Irish poetry in a truly abominable English accent. He declared “he was incapable of bursting into song.” But the one song he might “fight his way into” was “I Wish I Could

Shimmy Like My Sister Kate.” I have no memory of ever seeing him drunk, but my brothers’ memories are to the con trary. My always beautiful and well-groomed mother, “Nell,” came from Maple Park, Illinois where she was brought up in a household consisting of a father and one younger brother. Her mother died when she was about eight. Pictures of her taken when she was a little girl always included one or more of her Aunts: grim farmer ladies in poke bonnets who appeared lip less. Her father, James Fitzgerald, oper ated a general store and was proud of being one of the few democrats in the county. He would occasionally sneak off to Chicago for a weekend of vaudeville,

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