CBA Record November-December 2022

CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF Hymaphrases O n occasion, I’ll come across a quotation and realize that, by changing a few words, I can transform the quotation into an illuminating comment about the legal profession. I call these reworded quotations Hymaphrases (a mash-up of Hyman and paraphrase). I’ve identified the person to whom the actual quotation is attributed. While those quoted could not have envisioned their words twisted as I’ve reimagined them; none theless, I think quite a few would appreciate their Hymaphrase.

EDITORIAL BOARD EDITOR-IN-CHIEF

Justice Michael B. Hyman Illinois Appellate Court

ASSOCIATE EDITOR Anne Ellis Proactive Worldwide, Inc.

SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Howard and Howard Attorneys PLLC YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC Theodore Kontopoulos FORVIS Nikki Marcotte Tabet DiVito & Rothstein LLC Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Aronberg Goldgehn Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Kirby McInerney LLP Clifford Gately Quarles & Brady Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Kaitlin King Hart David Carson LLP Lynn Semptimphelter Kopon Kopon LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Hoffenberg & Block LLC Pamela S. Menaker Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Robbins DiMonte, Ltd. Rosemary Simota Thompson

A lawyer who practices with cordiality has great inner strength, whereas aggres sion is usually a sign of weakness. —Dalai Lama A good settlement is where both sides feel like they’re getting the better end of the deal. —Anne Lamott If people were angels, no courts would be necessary. —James Madison All big changes in the law have been arrived at slowly and through many compromises. —Eleanor Roosevelt Those who cannot remember precedent are condemned to lose. —George Santayana Reason, observation, and experience— the Holy Trinity of law. —Robert G. Ingersoll The great tragedy of a successful motion to dismiss—the slaying of a beautiful legal theory by an ugly fact. —T. H. Huxley Honorable errors in the trial court do not count as failures, but as seeds for progress in the quintessential activity of appellate review. —Stephen Jay Gould

Only kings, judges, and people with tapeworm have the right to use the editorial “we.” —Mark Twain Perhaps lawyers might … divide their statement of facts into four subheadings, the first, Truths; second, Probabilities; third, Possibilities; and fourth, Lies. —Thomas Jefferson We all know that a trial does not get to the truth. A trial is a lie that makes us realize truth, at least the truth that is given us to understand. —Dore Ashton In settlement, take care to get what you like or you will be forced to like what you get. —George Bernard Shaw Whoever battles with a lawyer who is behaving like a bully had better see that it does not turn them into a bully. —Friedrich Nietzsche The young lawyer knows the rules, but the old lawyer knows the exceptions. —Oliver Wendell Holmes, Sr. Never sue somebody who has nothing to lose. —Balthasar Gracian When a lawyer’s knowledge is not in order, then the more of it, the greater the confusion. —Herbert Spencer

Judge E. Kenneth Wright, Jr. Circuit Court of Cook County

THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing

4 November/December 2022

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