CBA Record November-December 2023

November/December 2023

CELEBRATING 1924-1949

Susan Novosad

Steve Levin

Mike Bonamarte

John Perconti

Margaret Battersby Black

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CBA RECORD CONTENTS

November/December 2023 • Volume 37, Number 6

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Editor’s Briefcase Looking Back and to the Future by Justice Michael B. Hyman President’s Page Putting Gratitude in Action by Ray J. Koenig III

INSIDE THIS ISSUE

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V oter Information in Judicial Elections: It’s a New World By Albert Klumpp S uppression of Expression: Limits on Free Speech? By Lynn Semptimphelter Kopon Liability for Violating the Illinois Biometric Privacy Law: The White Castle Stands By Judge James E. Snyder (ret.) C BA 150th Anniversary Celebration: The Middle Years, 1924-1949 By Daniel Cotter C BA 150th Anniversary Celebration: A Look at Our Legislative History By Larry Suffredin

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CBA News

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12 Chicago Bar

Foundation Report

14 The Pulse

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44 L PMT Bits & Bytes

Soft Skills: Tough to Master by Anne Haag

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46 History Will Judge History: Truth or Tale? by Nina Fain 48 Summary Judgments Stealing Justice by Larry Axelrood

YOUNG LAWYERS SECTION

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C elebrating Our Legal Role Models and Mentors By Martin D. Gould

36

D emystifying Asbestos Litigation: A Primer for Illinois Attorneys By Andre Hunter, Jr .

Reviewed by Daniel Cotter

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Admissibility of Rebuttal Evidence By Elaina M. Stevens

50 Practical Ethics

New ABA Opinion Strikes at Improper Witness Coaching by Trisha Rich

42

E state Planning for Clients with Alzheimer’s By Hannah Werner

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, Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/o Membership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2023 by The Chicago Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.

About the Cover: The issue’s cover was created by Larry H. Aaronson, a partner with McDonnell Boehnen Hulbert & Berghoff LLP, and a long-time Bar Show cast member. Thank you, Larry!

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

Looking Back and to the Future

ASSOCIATE EDITOR Anne Ellis 2E Services, LLC.

SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Howard and Howard Attorneys PLLC YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC 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 Theodore Kontopoulos Internal Revenue Service Lynn Semptimphelter Kopon Kopon LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon 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 Hoffenberg & Block LLC Pamela Sakowicz Menaker

A s the Association celebrates its 150th year, the CBA Record has been looking back at our history, with each issue covering a quarter of a century. The CBA could only have come this far and accomplished as much with you, our members. For 150 years, members have helped shape not only the law but also the local legal culture. They have influenced the legal, political, and social discourse that marks each generation. And they have touched countless lives through the Association’s deeply embedded commitment to the public. The CBA founders never could have imagined what our organization, let alone our profession, would become. If I could borrow Dr. Emmett Brown’s DeLorean and go back to 1874 Chicago, what would I find? One female lawyer, Alta May Hulett (licensed to practice at age 19 in 1873). No lawyers of color. Education of aspiring lawyers mostly by apprenticeships or “reading” the law under the tutelage of an attorney. Technology for lawyers nil (and almost nil for the rest of society; Chicago’s first central generating station opened in 1888). Communication via letters, face-to-face meetings (remember them?), and tele grams. Court appearances mostly informal, with limited documentation and record keeping. Billing (as necessary then as now) by flat fees or contingency arrangements. As a rule, lawyers litigating cases earned the least; lawyers employed by large corporations earned the most. And there were no rules of professional conduct, which must have made for some interesting conflicts. What about a founder traveling forward to 2023 Chicago on a Dr. Emmett Brown DeLorean carriage? I expect he would faint from the shock of seeing the quantum leap in every aspect of life and law, in political, civil, and economic liberties to technologi cal marvels like rockets, robots, automobiles, cellphones, computers, and Amazon. Just as mind-boggling might be current attitudes on gender, race, class, sexuality, and other social constructs. Considering the difference between today and 1874, or even between today and 1974, what can we expect in 50 or 100 years? The oracles of AI prophesize that legal research will be instantaneous before the end of the century and generate highly accurate briefs. Automation and AI systems will handle document reviews and analysis with ease. Law yers will focus on complex issues, legal strategy, and client counseling. Legal proceedings will take place in holographic courtrooms. Hourly billing will disappear, large law firms will shrink significantly, and most law schools will consolidate or close. The underlying driver for all of this is AI, which will revolutionize everything, yes, everything (though I doubt AI can improve on a peanut butter and jelly sandwich). While technology has, in many ways, made life easier, it also has made the future unsettling. The future will test humans in unexpected ways, including what we value and consider moral. No question, lawyers must be at the forefront of the debates and the search for solutions. But that may not be enough. The words of Adlai Stevenson II speak to our dilemma, “The human race has improved everything but the human race.” Hmm, maybe we should start to panic.

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

THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing

4 November/December 2023

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Dates and information subject to change.

CBA RECORD 5

PRESIDENT’S PAGE BY RAY J. KOENIG III Putting Gratitude in Action

The Chicago Bar Association www.chicagobar.org

President Ray J. Koenig III

First Vice President John C. Sciaccotta

of our system of civil and criminal justice. Impact on Society: We play a crucial role in the legal system and society as a whole. We help ensure that laws are fol lowed, rights are protected, and justice is served. I am grateful for the chance to have a positive impact on our communi ties and society at large. My service with various civil rights organizations over the years has been a highlight of my life. Client Relationships: As lawyers, we develop strong and meaningful relation ships with our clients. We are glad for the confidence clients place in us to manage important legal and societal matters. The trust of clients is one that not all profes sions benefit from, and one that we as law yers’ treasure. There are few better feelings than knowing my clients trust me with their family, future, and assets. Mentors: We often collaborate with experienced colleagues and mentors who provide guidance and support. We are thankful for the opportunity to learn and gain experience from these individu als and build our professional networks. I have enjoyed numerous mentors through out my career. I also serve formally and informally as mentor to many, including younger lawyers I met through the CBA. Colleagues: We deeply appreciate the helping hands that have brought us on our path to and through the legal profes sion – from paralegal support to adminis trative teammates, to the connections we have developed through the CBA. Our colleagues, and the relationships we have with them, are one of the many things that make a career in the law so rewarding. Career Opportunities: We often have the opportunity to pursue a challenging career. We should feel appreciative of the

Second Vice President Kathryn C. Liss

Secretary Trisha Rich Treasurer Nina Fain

Immediate Past President Timothy S. Tomasik

Executive Director Beth McMeen

D id you know that November is the National Month of Grati tude? Not only do we celebrate Thanksgiving on the fourth Thursday of November – we dedicate the entire month to expressing our gratitude. As we come to the end of the year, we tend to look back on our progress throughout the previous months, frequently with thanks for our good fortune. This month, I want to focus on why we – lawyers and judges – are and should be grateful. Lawyers and judges have many reasons to be thankful, both personally and pro fessionally. Appreciation is a positive and healthy sentiment that can benefit indi viduals in many ways. Here are some rea sons why we can be grateful: Legal System: We operate within a legal system that upholds principles of jus tice and the rule of law. We are indebted to the framework that allows us to address legal issues and resolve disputes in a fair and orderly manner. The world today is rife with injustice meted out by some of the legal systems in other countries. I am thankful for the stability and consistency

BOARD OF MANAGERS Louis G. Apostol Tracy Brammeier Margaret Mendenhall Casey Naderh Elrabadi Anthony F. Fata Josie Gough Cynthia S. Grandfield Brian Haussmann Justice Margaret Stanton McBride Peter McNamara John Mitchell Jeffrey Moskowitz Judge Mary Rowland

Eirene N. Salvi Brendon Stark Kevin Thompson

Judge Allen P. Walker Matthew P. Walsh II

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opportunities our career gives us to make a difference in people’s lives, uphold jus tice, and advocate for our clients. I am extremely fortunate to have enjoyed a career in a practice and with colleagues at Clark Hill whom I enjoy and respect. Education and Training: Becoming a lawyer requires a significant amount of education and training. We are thank ful for the knowledge and skills we have earned through our education and experi ence. Without the education and experi ence I gained at Michigan State University and DePaul University College of Law, I most certainly would not have had what I consider to be a successful career. Personal Growth: Our profession can be intellectually challenging, requir ing continuous learning and adaptation. Like many, I am grateful for the personal and professional growth that comes with facing these challenges. While our CLE requirements can feel onerous at times, they force us to take time to continue to learn and evolve.

Work-Life Balance: While our profes sion is demanding, many of us admirably find ways to achieve a work-life balance that suits our needs and priorities. We are very thankful for the flexibility and options available to us. Many lawyers, like me, are fortunate to have flexibility in their schedules, which has allowed me more time to be present with my husband and twin daughters. Financial Stability: We often enjoy financial stability and the potential for substantial income, which usually leads to a sense of gratitude for our economic well-being. It should go without saying that I, like many lawyers, have a much better financial situation than I would if I had gone into most other professions. Personal Accomplishments: Many of us feel grateful for our achievements, such as passing the bar exam, winning cases, and successfully representing clients. These accomplishments are rightfully also a source of personal pride. I am grate ful for the examples I just provided, but

the most gratifying professional achieve ment has been my opportunity to serve as President of this bar association and serve our fantastic community of lawyers and judges. The benefits of gratitude go far beyond just feeling good about where we are. Ide ally, gratitude can motivate us to drive change so others can benefit from what we appreciate. Let’s take our thanks and turn it into a positive force in the world, to counter the many challenges we see every day. Our gratitude can prompt the evo lution towards a more just legal system, to equal access to justice for all, and even drive society to move to true equality for everyone. As my cousin reminds me, be grateful. As I am reminded every day, I get to col laborate with lawyers and judges like you. And I am now taking that gratitude and putting action behind it by encouraging you to reflect and act to provide some thing that someone else can be grateful for in turn. Thank you.

The CBA, Chicago Public Library, and Evan ston Public Library provided an update on book bans for the September installment of the Law at the Library series. Over 60 people attended the event in-person at the Harold Washington Library, with an additional 450 watching online. A record ing of the discussion is available on CPL’s YouTube page. Pictured from left: CBA Board of Managers Member Maggie Men denhall Casey, Illinois Secretary of State Alexi Giannoulias, Cook County Circuit Court Judge Robert Harris, CBA President Ray J. Koenig III, and CPL Commissioner Christopher Brown.

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CBA RECORD 7

Honoring the Legal Profession’s Finest at the Annual Justice John Paul Stevens Awards By Ann Glynn, CBA Public Affairs Director C BA President Ray J. Koenig III and CBF President Kenya Jenkins Wright recently hosted the 2023 CBA NEWS

Justice John Paul Stevens awards ceremony at the Union League Club of Chicago. This year’s recipients were Dan L. Boho, Part ner, Hinshaw & Culbertson LLP; Patricia Brown Holmes, Managing Partner, Riley Safer Holmes & Cancila LLP; Daniel M. Kotin, Founding Shareholder, Tomasik Kotin Kasserman; Professor Ann Lousin, University of Illinois Chicago School of Law; Mary Smith, President, American Bar Association; and Barry C. Taylor, Vice President for Civil Rights and Systemic Litigation, Equip for Equality (retired). “We are so proud to honor this phe nomenal, diverse group of lawyers and jurists who have impacted our legal com munity and city through their leadership and generous service to The Chicago Bar Association, The Chicago Bar Foundation, and our community,” said Koenig. “Each honoree has benefited from and practiced inclusion in every leadership role. They exemplify the ideals of our profession.” Named in honor of U.S. Supreme Court Justice and Chicago native John Paul Stevens, the awards were established in 2000 to recognize lawyers and judges who best demonstrate Stevens’ legacy of pro bono and public service, as well as his commitment to ensuring that our justice system is fair and accessible for everyone. Stevens retired from the High Court in 2010 after 35 years of distinguished ser vice and died in 2019. “As the charitable arm of the CBA, the CBF is committed to carrying on

Pictured from left, top row: Patricia Brown Holmes, Riley Safer Holmes & Cancila LLP; Mary Smith, President, American Bar Association; Barry C. Taylor, Equip for Equality (ret.); Daniel M. Kotin, Tomasik Kotin Kasserman, LLC; CBF President Kenya A. Jenkins-Wright, Illinois Guardianship & Advocacy Commission; and CBA President Ray J. Koenig, Clark Hill LLP. Front row: Professor Ann Lousin, UIC Law. Not pictured: Dan L. Boho, Partner, Hinshaw & Culbertson LLP.

Justice Stevens’ commitment to the noblest traditions of our profession by working to ensure that our justice system is fair, acces sible, and equitable for everyone in our community,” said Jenkins-Wright. Watch the presentation ceremony of the Justice John Paul Stevens Awards on the CBA’s YouTube Channel at www.youtube.com/chicagobar.

the firm’s Executive Committee for 33 years and is in his 35th year as a prac tice group leader of the national personal injury defense practice. Boho has tried cases from coast to coast in state and fed eral courts. He has acted as trial counsel for the Federation of Defense and Cor porate Counsel, the Chicago Bears, and the Chicago Fire. He is a Fellow of the top three national trial organizations: The American College of Trial Lawyers, which he also served as State Chair; the International Academy of Trial Lawyers; and ABOTA. He has served as President of the Trial Lawyers Club of Chicago and as President of the Illinois Society of Trial Lawyers. He attended undergraduate and

Dan L. Boho Dan L. Boho has practiced with Hin shaw & Culbertson since his start as a summer associ ate. He served on

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law school at Loyola. In the CBA, Boho has served as a volunteer general counsel, board member, and officer.

Trial Lawyers and the International Society of Barristers fellowships. He sits in the ABA’s House of Delegates and serves on the Board of Trustees for the National Institute for Trial Advocacy. He is an American Board of Trial Advocates member, has served as President of The Society of Trial Lawyers, and was the immediate Past President of the Chi cago Inn of Court. At the Illinois Trial Lawyers Association, he is a member of the Board of Managers. He is on the fac ulty at Loyola University School of Law, where he teaches civil procedure.

this role. She is an independent board member and former CEO of the Indian Health Service. She currently serves on the board of PTC Therapeutics, Inc., a global biopharmaceutical company, and HAI Group, a leading member-owned insurance company for the affordable housing industry. She is also Vice Chair of the VENG Group, a national consult ing firm. She served on the senior team of the Civil Division at the United States Department of Justice and as General Counsel at the Illinois Department of Insurance. Earlier in her career, she served in the White House as Associate Counsel to the President and Associate Director of Policy Planning. She is a member of the Council on Foreign Relations, the Economic Club of Chicago, the Interna tional Women’s Forum, and the National Association of Corporate Directors. She is a former member of the CBA’s Board of Managers. ity, which he joined in 1996 to advance the human and civil rights of people with dis abilities in Illinois. At Equip for Equality, he oversaw many individual and systemic disability discrimination cases, including successful federal ADA suits against the National Board of Medical Examiners, the Chicago Police Department, and the Chicago Transit Authority. He is currently counsel in six class actions, including lead counsel in Ligas v. Eagleson, a class action on behalf of people with developmental disabilities who are seeking community services. A 1988 graduate of the Univer sity of Illinois College of Law, he served as Chair of the CBA’s Legal Aid and Mental Health and Disability Law Committees and Co-Chair of the CBA/CBF’s Pro Bono Week. Barry Taylor Barry Taylor was most recently the Vice President for Civil Rights and Systemic Litigation at Equip for Equal

Patricia Brown Holmes Patricia Brown Holmes is a Managing Part ner at Riley Safer Holmes & Can cila LLP. She is

the first Black woman to manage and have her name on the door of a national law firm that is not women- or minor ity-owned. Before serving as an associ ate judge in the Circuit Court of Cook County, she was an assistant U.S. Attor ney and an Assistant State’s Attorney. She is a Past President (1997-1998) of the Black Women Lawyers’ Association of Greater Chicago, Inc., and a Past Presi dent (2015-2016) of the CBA. Recently, she was honored with the Chambers USA 2023 Diversity & Inclusion Outstand ing Contribution Award, the American Constitution Society Abner J. Mikva Award, the Abraham Lincoln Marovitz Philanthropic Award, the ABA Diversity Leadership Award, and was named to the CCBA Hall of Fame. She co-chairs the National Football League Diversity Advisory Council.

Professor Ann Lousin Professor Ann Lousin was born and reared in Chi cago. After receiv ing a B.A. from

Grinnell College in 1964, she studied in Heidelberg, Germany for a year and then returned to study at the University of Chicago Law School. Shortly after receiv ing her J.D. in 1968, she was a research assistant at the Sixth Illinois Constitu tional Convention. She was a staff assis tant to the Speaker of the Illinois House of Representatives for the next four years, including being Parliamentarian of the House from 1973 to 1975. Upon join ing the faculty of the John Marshall Law School (now UIC Law Chicago) in 1975, she began teaching both com mercial law and constitutional law. She currently teaches sales transactions, con tracts, and Illinois constitutional law. She is especially active in the CBA, which she has served for 50 years, including three terms as Chair of the Constitutional Law Committee.

Daniel M. Kotin Daniel M. Kotin is a founding share holder and trial lawyer in the firm of Tomasik Kotin Kasserman. He

handles personal injury and wrongful death cases in transportation, product liability, medical malpractice, and con struction. In 2017, he completed his term as President of the CBA, became involved in the National Conference of Bar Presidents, and was elected to its Executive Council. He has also been selected for the American College of

Mary Smith Mary Smith is Presi dent of the Ameri can Bar Association and is the first Native American woman in

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CBA RECORD 9

Medical Negligence Case Referred Through Lawyer Referral Service Settles for $1.025 Million By Ann Glynn, CBA Public Affairs Director T he Lawyer Referral Service, a non profit public service of the CBA, remains a valuable resource for the to be seen by a hand surgeon. He was seen immediately by the trauma team, which alerted the hand surgeon to the patient’s arrival.

Michael Gill

amputation of two fingers. From the $1.025 million settlement, the CBA received a check for $51,000 as its referral fee, pursuant to its rules. The monies the CBA received are used to fund the LRS program and other services in the CBA’s ongoing efforts to make jus tice accessible for all. Among these efforts are the CBA’s “Call a Lawyer” program sponsored through the Lawyer Referral Service, making attorneys available to take calls from the public at no charge on the third Saturday of every month. CBA members and non-members are encouraged to refer clients to the LRS or consider joining the service to obtain legal referrals. For more information on the LRS program or to apply to become a member, visit lrs.chicagobar.org or contact LRS Director Juli Vyverberg at jvyverberg@chicagobar.org.

public to obtain vetted legal assistance and a crucial source of legal referrals for CBA members and non-members. LRS attor neys average 20 years in practice and are experienced in more than 40 areas of law. The LRS achieved a recent success in May 2023 when LRS attorney Michael Gill of Pfaff, Gill & Ports, Ltd., who represents persons injured or killed by the negli gence of others, settled a medical negli gence case for $1.025 million. The plaintiff, while working at a lime stone quarry, injured his hand when his glove became entangled while cleaning a limestone auger. He presented to an Emergency Department at a Northern Indiana hospital with an open wound contaminated with lime. He was trans ferred that day to a Chicago-area hospital

The hand surgeon advised the team to clean and bandage the wound and direct the patient to the hand surgeon’s office two days later. The trauma team tried unsuccessfully to get the hand surgeon to see the patient that day, tried to find another hand surgeon to see the patient that day, and eventually admitted the patient to the hospital. The original hand surgeon arrived the next morning and operated to clean out the contaminated wound, but the caustic agent had already severely damaged the plaintiff’s tendons. The hand surgeon’s failure to see the patient on the day he arrived in the Chi cago-area hospital was determined to be negligent and a proximate cause of the plaintiff’s subsequent 21 surgeries and

NEW JUDICIAL ELECTION/CAMPAIGN GUIDANCE AVAILABLE The Illinois Judicial Ethics Committee has published new guidance on ethical issues that candidates running for judicial office frequently encounter. The document, titled Judicial Election/Campaign FAQs, has been updated to reflect the new Illinois Code of Judicial Conduct of 2023, which took effect on January 1 of this year. The upcoming campaign cycle is the first one to occur since the new Code was enacted. number of common questions asked by judges and other candidates running for judicial office. These include issues related to circulating nominating petitions, raising money, forming campaign committees, making and receiving endorsements, advertising, and campaigning with other candidates. The Illinois Judicial Ethics Committee is a joint committee of the Illinois State Bar Association, the Chicago Bar Association, and the Illinois Judges Association. The Committee, chaired by Steven Pflaum, was formed more than 30 years ago. It authors opinions on issues of judicial ethics and accepts inquiries from judges and judicial candidates related to ethical issues. The IJEC can be reached at (312-431-1283) or by email at info@ija.org. The FAQs, found on the Illinois Judges Association website at www.ija.org/ illinois-judicial-ethics-committee-judicial-election-campaign-faqs, address a

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CLE & MEMBER NEWS Learn from experts in your field, keep on top of recent develop ments, expand your professional network, and pick up helpful practice advice and resources through CBA and YLS practice area committee meeting presentations. Over 50 practice area commit tees meet every month (most at 12:15 p.m.) in a variety of delivery formats: in-person, online and hybrid. Topics range from adoption to estate planning to real estate to workers’ compensation. Members may attend any meeting (registration is required at learn.chicagobar. org), and most meetings offer free Illinois MCLE credit. Check the CBA eBulletin every Thursday for a list of upcoming committee meetings and seminars. To join committees and receive additional resources related to your practice area, sign up at www.chicagobar.org. Take Advantage of Committee Meetings to Connect with Other Lawyers in Your Practice Area

On November 9, Chief Justice Mary Jane Theis presided over a state wide virtual swearing in ceremony for new admittees who joined the ranks as licensed attorneys in the state of Illinois. Kudos and congratulations to these new lawyers who weathered the pandemic, online learning, and other unprecedented challenges. The CBA is CBA Welcomes Newly Admitted Illinois Attorneys

pleased to welcome this group to the legal profession by offering free membership and CLE through November 2024. If you know of a new admittee who has not yet activated their free membership, they can email membership@chicagobar.org.

Helpful, Free Career Services

Finding a new job or making a career switch isn’t easy. The CBA understands and offers a variety of assistance to members at any stage of their careers. Free members-only resources include: • One-to-one career counseling sessions with a professional career coach. • Meetings of the YLS Careers Committee. • Live and archived career seminars; sample titles include Job Search Starters, Upskilling for Lawyers, and From Lawyer to Leader.

• Resume posting and open positions listed on our online career center. • Job Flash emails sent to members 2x a month. Visit www.chicagobar.org/careers for more information or email membership@chicagobar.org with any questions. Employers who are interested in finding qualified candidates can also find informa tion about posting jobs and searching resumes online in the Career Center.

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Member Benefit Spotlight: National Purchasing Partners

Exclusive discounts and special offers are available to CBA members through National Purchasing Partners (NPP). NPP helps individu als, companies and company employees save money on everyday purchases for work, life and home. Discounts include Verizon (some restrictions apply), Staples, ODP, Priceline, American Express, Bat teries Plus, and gift services like Harry & David, 1-800-Flowers, and more. This program is free and there is no obligation to purchase.

To enroll and learn more about the discounts available to you, visit mynpp.com/association/chicago-bar-association. Once you have submitted your registration, you will receive a confirmation email and be contacted by an NPP representative to explain how the pro gram works. For help registering or questions regarding discounts, please call 800-810-3909 or email customerservice@mynpp.com.

CBA RECORD 11

Chicago Bar Foundation Report

Pro Bono Milestone: The 100 th Bobservation, and the Top 10 By Bob Glaves

E ight years ago, I had the ambi tious idea to write a post about pro bono every day of Pro Bono Week in 2015. When I did that – and real ized a few people were actually reacting – I decided to keep going, though at the more sustainable pace of one per month. Having now reached 100 posts, I thank everyone who has been along for any part of this ride. Although some of these posts were met with a shrug, some struck a nerve and got a bigger reaction. I narrowed those down to the top 10. Having reread them for this column, I think they still resonate today. When we think about the huge gap in access to justice, it is hardly a revelation to say pro bono cannot come close to being a solution on its own. But does that make pro bono less important and less worthy of our resources and attention as a result? Of course not. In this post, I reviewed the many ways pro bono plays an inte gral part in the larger quest to fulfill our nation’s ideal of a fair and accessible jus tice system for all. As we celebrate 2023 Pro Bono Week, these points are as true as ever today. #9 PB&J and Toasters v. Toll Booths and Typewriters (March 2022) Innovation. It’s what all the cool kids are #10 Does it Really Matter? (October 2020)

talking about. The CBF is proud to be a longtime leader in innovation 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. In the quest for the promised land of a justice system that is fair and accessible for all, we need to identify the legal ver sions 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 main stays that were overtaken by far superior solutions. #8 What Do We Mean by Access to Justice? (September 2018) Access to justice – or equal access to justice, as it often is stated – is the holy grail of the legal system. But what does it mean? The answer is not always the same for everyone working towards what is assumed to be a common goal, and we all will do better by agreeing on a clear definition. The CBF has had some good internal board conversations since the original post appeared that have led to the adoption of a much stronger definition of access to justice: Everyone facing a legal issue (1) has timely and affordable access to the level of legal help necessary for them to get a fair and efficient outcome on the merits of their legal issue, and (2)

objectively can believe they were treated fairly in the process. #7 A Fork in the Road for Our Profession (September 2020) The 1980s called, and they want their Rules of Professional Conduct back. And they can have them. As the world around us has changed dramatically since those heady days when seeing a music video on MTV was mind-blowing, we have seen only modest changes in the Rules govern ing the business of law. The result is our profession has gradually priced the every day person out of the market for legal ser vices even though we have more lawyers practicing than ever before. Something is clearly wrong, and as this post laid out in more depth, moderniz ing the Rules of Professional Conduct to account for the realities of today’s legal market is one of the critical steps we need to take to turn the tide. #6 Top 10 Reasons the Billable Hour Needs to Go (February 2018) The billable hour continues to be a signifi cant and self-inflicted barrier to access to justice. Whatever its merits in the corporate market, for low and moderate-income indi viduals and small businesses, the billable hour makes legal services less affordable and accessible because it lacks transparency and certainty and misaligns incentives for efficiency, innovation, and value.

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#3 Access to Justice and the Future of the Legal Profession (January 2016) One of my first Bobservations in Janu ary 2016 was driven by a coincidental set of readings during the preceding holiday season spurred thoughts about the future of our profession in the age of fast-evolv ing self-help technologies. It got a lot of reaction then, and almost eight years later, this one still holds up well today as technology-based options are accelerating even more rapidly. This one strikes me as far more prescient than I could have imagined at the time. #2 How did Legal Services Get So Unaffordable, and What are We Going to Do About It? (July 2022) Once upon a time not long ago in our country, everyday people generally could find and afford legal services when they encountered a legal issue. Not so today. How and why did this happen, and what can we do about it? I took a deeper dive into those issues. Whether you agree or disagree with my diagnosis, this is an issue we all need to prioritize and tackle in the work to improve access to justice. #1 A New Year’s Resolution for Our Profession: Stop Calling People Nonlawyers (December 2016) My first New Year’s Resolution for the legal profession as we were heading into 2017 remains by far the most popular: Stop calling people nonlawyers! It is one of our profession’s worst habits, and a lazy one at that. Not only do

That was the introduction to the origi nal “top 10” Bobservation format. Sadly, this is another post that remains equally relevant more than five years later. #5 Uber, Taxis, and the Legal Market (March 2019) Take a trip down bad memory lane to about 10 years ago when you needed to get a cab but were not in a place where taxis tend to be plentiful on the street. Remember what that was like? Hold that thought for a moment, and now think of what it is like today for someone who is looking for a lawyer and doesn’t know where to turn. While it is sure to get most lawyers upset to be com pared to the taxi industry, the similarities in these two market failures are striking. We can write a different script for what happens in the legal market but need to start now. That was the introduction to this post over four years ago, and the analogy is only looking more on point since then. #4 A Banned Words List for Access to Justice (April 2018 original version, September 2021 v. 2.0) This one really struck a chord, so much so that I added a version 2.0 three years later. It is a hit list of commonly used words in access to justice spaces that should be put out to pasture. Just a few of the phrases that should be retired in this context are “low bono,” “legal services,” and acronyms that are meaningless or confusing for people who don’t do this work every day.

we minimize the many other profession als who play integral parts in the court system and any successful law practice when using this unfortunate language, but we also unnecessarily make it harder for the other client-facing advocates and responders to deliver justice. Calling people by who they are not (and too often then treating them accord ingly) violates just about every principle of inclusion and does us no favors as lawyers. Thankfully are more green shoots today, as more and more voices make similar points and are modeling better behavior in their actions. The Next 100 Thanks to the countless friends, col leagues, and partners who have inspired so many of these posts over the years, and to all of you for reading some or all of them. A special thanks to my colleagues at the CBF who have provided feedback, suggestions, and many helpful edits. There is a lot more we still can and need to do to bring our profession and justice system closer to our ideals. So, I’ll keep writing these. And thanks again for coming along for the ride.

An archive of Bobser vations is available at chicagobarfoundation. org/bobservations. Bob Glaves is the Executive Director of The Chicago Bar Foundation

Learn more about The Chicago Bar Foundation and the services and awards it provides at www.chicagobarfoundation.org

Did You Know? In 1985, the Board of Managers approved the formation of a CBA Chamber Music group, which has since become The Chicago Bar Association’s Symphony Orchestra (CBASO). The CBA’s Barristers Big Band was founded in 2000 and the CBA Chorus in 2006.

CBA RECORD 13

in October and is gearing up for a very active bar year. To receive notice of future events and meetings, join the committee at www.chicagobar.org. The Bar Show’s 100th Anniversary The Bar Show is back and celebrating its 100th anniversary with a performance of “It’s AI Wonderful Life” on January 12 and 13, 2024, at the Studebaker Theatre (410 S. Michigan Avenue). For those who’ve never attended, the Bar Show is an irrev erent musical comedy revue starring your fellow CBA members that parodies local and national political, sports, and showbiz figures. We hope you’ll join us for a roaring good time! Reserve tickets at barshow.org. New Lawyer Basic Skills Course The CBA is hosting our annual New Lawyer Basic Skills Course on December 5. It is a hybrid event, with an in-person option at the CBA building and a webi nar option. The full-day event satisfies the Supreme Court of Illinois’ MCLE Rule 793 Requirement for Newly Admitted Attorneys. The day also serves as an intro duction to how new lawyers can use the CBA to launch their legal careers. Please encourage any new admittees at your firm to register for the complimentary course at learn.chicagobar.org. Looking for free CLE? Check out our Practice Basics seminar series available at www.chicagobar.org/practicebasics. The one-hour seminars provide information every lawyer needs to improve their legal practice. Titles include Evidence: What They Didn’t Teach You in Law School, Mining the Web for Information, and Tips for Growing Your Professional Network and Driving New Business. Most sessions provide MCLE Credit and are free to all CBA members and law student members. Congratulations The First District Appellate Court named the following as the new presiding judges for one-year terms over the district’s six divisions: James Fitzgerald Smith , Divi Complimentary Practice Basics Seminars

THE CBA PULSE BY BETH McMEEN, CBA EXECUTIVE DIRECTOR

The Alliance for Women welcomed 75 members to the new bar year during a reception at DePaul University. Want to get involved with the AFW? Sign up to join the commit tee at www.chicagobar.org. Pictured from left: CBA Executive Director Beth McMeen, CBA Secretary Kathryn C. Liss, AFW Vice Chair Lauren Ingram, AFW Co-Chair Chandler Caswell, and AFW Co-Chair Chidinma O. Ahukanna.

CLE Travel with the CBA to Mexico CBA President Ray Koenig invites you to join the CBA for CLE in Mexico City on March 24-26, 2024. The program will feature CLE, a visit to the Supreme Court of Justice, a tour of Templo Mayor, and more. Attendees can add on a post trip extension to San Miguel de Allende. Learn more at www.chicagobar.org/ Mexico2024. The CBA’s Legislative Committee seeks applications for appointment from inter ested CBA members with a professional background in legislative affairs or public advocacy, regardless of practice area. The Legislative Committee is a CBA service committee charged with structuring and overseeing the Association’s legislative program. Its three essential functions are to: (1) consider and recommend legisla tion drafted by CBA committees to the Board of Managers for inclusion in the CBA’s annual legislative program; (2) review committee recommendations on other pending legislation for referral to the Board of Managers; and (3) provide Legislative Committee Seeks New Members

technical research, drafting, and infor mational assistance to members of the CBA and of the Illinois General Assem bly, when requested. Interested members with relevant professional experience are encouraged to apply at www.chicagobar. org or send an email to the CBA’s Gov ernment Affairs Liaison, Juli Vyverberg, at jvyverberg@chicagobar.org. Perform with the CBA Orchestra The CBA Symphony Orchestra is made up entirely of lawyers and judges who love to perform. The Symphony is looking for new members, including four double basses and a principal trombone. Please contact Michael Poulos at michael@pouloslaw. com or 847-492-9800 to find out more. Join the LGBTQA+ Committee The CBA’s LGBTQA+ Committee is an inclusive group of professionals and law students whose goal is to increase awareness of legal issues affecting the LGBTQA+ community, to encourage involvement in the LGBTQA+ com munity, and to facilitate discussions and strategic initiatives to advance LGBTQA+ rights. The group held its first social event

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sion 1; Nathaniel Howse, Jr. , Division 2; Jesse G. Reyes, Division 3; Mary K. Roch ford, Division 4; Raymond W. Mitchell, Division 5; and Sharon O. Johnson, Divi sion 6. The presiding judges are selected by peer vote and select the panels that will hear appeals… Circuit Court of Cook County Judge Ramon Ocasio III was elevated to the First District Appellate Court of Illinois upon the retirement of Illinois Appellate Court Justice Mathias W. Delort. The Catholic Lawyers Guild of Chicago honored Justice Delort as the Catholic Lawyer of the Year and Circuit Court of Cook County Judge and past CBA board member Robert F. Harris with a Special Service Award… Judge Geary W. Kull was named Acting Presiding Judge of the Fourth Municipal District of the Cir cuit Court of Cook County… and the Illi nois Supreme Court appointed attorney Lea Gutierrez to serve as the new Admin istrator of the Attorney Registration and Disciplinary Commission. ADR Systems added retired Circuit Court of Cook County Associate Judge Elizabeth M. Budzinski as a senior medi ator and arbitrator…Tobin & Munoz LLC added Matthew Lauderdale as an

associate…The Center for Disability and Elder Law added Andrew J. Potte r as a staff attorney… Quarles & Brady added Bomie Leonard to its Estate, Trust & Wealth Preservation Group... the Ameri can Lawyer Media publication Corporate Counsel selected McGuire Woods partner Amy Manning as one of the honorees for its 2023 Women, Influence & Power in Law Award… founder and partner Robert A. Clifford of Clifford Law Offices was honored with the Chicago Inn of Court Judge Joel Flaum Award; Charles R. Haskins, Jr. was promoted to partner in the firm… and Chuhak & Tecson hired Markeya A. Fowler and Nicholas W. Zausch as associates. Goldberg Kohn added Malcolm M. Tucker as an associate to the firm’s com mercial finance group… Ten Corboy & Demetrio attorneys were selected to The Best Lawyers in America” for 2024: Thomas Demetrio, Philip Corboy, Jr., Mike Ditore, Bill Gibbs, Daniel S. Kirschner, Michelle Kohut, Ken Lumb, Francis Patrick Murphy, Edward G. Willer, and Peter O’Malley. In addition, Gibbs was designated Lawyer of the Year in Mass Torts/Class Actions in Chicago,

and associate attorney Britney Penny cook was selected to the Best Lawyers Ones to Watch. Johnson & Bell added Claire K. Axelrood as an associate to the firm… Camila Kaplunov joined the law firm of Levin Ginsburg as an associate… and Quarles & Brady LLP elected Justin DeAngelis as a partner to the firm. Nyhan, Bambrick, Kinzie, & Lowry, P.C. hired Alexandra Ysmé as an asso ciate… Rimon PC appointed Neal H. Levin , a fraud, investigations and asset recovery attorney to partner… Stephanie Villinski, Deputy Director of the Illinois Supreme Court Commission on Profes sionalism, was reappointed to the Ameri can Bar Association’s Cornerstones of Democracy: Civics, Civility and Collabo ration Commission… and Foran Glennon added Leah Lewis and Matthew Lee-Own as associates. Condolences To the family and friends of Shelli Lynn Anderson, Mark H. Berens , former Pre siding Judge of the Sixth District of the Circuit Court of Cook County Marjorie C. Laws , Cook County Judge James P. Flannery Jr. and Robert D. Zimeli .

New CBA Podcast Episode Available! THE WORLD’S MOST FAMOUS DOLL (WHO SHALL REMAIN NAMELESS FOR LEGAL REASONS) GOES TO COURT TO PROTECT HER BRAND

Special Guest:

Alexis Crawford Douglas K&L Gates

legaltalknetwork.com/podcasts/chicago-bar Find us on Apple, Google, and Spotify @CBAatthebar

CBA RECORD 15

Voter Information in Judicial Elections: It’s a New World By Albert Klumpp C an anyone still remember life before smartphones and social media? As recently as 2012, most

part of the ballot entirely, and most who completed it had no guidance or informa tion about the individual judges, voting a straight all-yes or all-no. Typically, around 100,000 voters would cast mixtures of yes and no votes using recommendations from a newspaper or bar association. The propor tions of voters in each group were highly consistent from one election to the next. However, 2018 saw the most unusual and complicated retention election in the county’s history. Substantially more voters than usual completed the retention part of the ballot, resulting in the highest-ever voter participation rate. Many of these additional votes likely came from younger, more progressive voters who were drawn to the polls both by dissatisfaction over Republican actions in Washington and by anger over police misconduct and wrong ful convictions in Chicago. Those factors, and the unusual scrutiny of one controversial judge triggered by his involvement in a wrongful conviction years earlier, caused a massive increase in the number of voters who used an information source in their voting. More than 400,000 of the 1.25 million retention voters used some source of information—a category that in this election included political and community organizations along with newspapers and bar associations. But there was a mystery. Post-election analysis isolated 42,000 voters whose votes defied explanation: their vote pat tern was unconnected to any of the

known sources. Ultimately the source was identified: a voter guide prepared by two Northwest Side progressive activists that included a full set of recommendations on retention judges. This “Girl I Guess” voter guide ran a surprisingly hefty 21 pages and was full of discussion about every office and question on the ballot. This was the guide’s first appearance in a general election, and although it received no sig nificant mainstream attention, it was read widely enough to determine 3.4% of the judicial retention votes cast. Local media reported after the elec tion that the guide was extremely popular among young voters and was shared exten sively on multiple social media platforms, both in its entirety and in snapshots of individual pages. Detailed analysis of ward- and township-level voting shows just how widely the guide spread around the county. While its greatest impact was in the wards of the Northwest Side where it originated, it was statistically detectable in 42 of the 50 Chicago wards and 27 of the 30 sub urban townships. In short, it was a unique occurrence, not just in Cook County but in the history of retention elections. And yet, it was “unique” for only two years. Because in the very next general election, another guide appeared and like wise had a detectable impact on retention voting. This one was a “Chicago Voter Cheat Sheet” prepared by two young Black political activists with experience in civic engagement. Unlike the “Girl” guide, the

people in the U.S. did not own a smart phone. Today 91% do. And as recently as 2010, most did not use any form of social media. Today its use is 72% and grow ing. Both have become influential in just about every aspect of our lives. Politics is no exception. When it comes to elections, the greatest influence of new forms of electronic communication is potentially not at the national level, but at the bottom of the ballot—the lower visibility local offices and contests where far less information is available to voters. This category includes the judges in our state and local court systems. Evidence of the impact of electronic media has emerged here in Cook County in just the past few election cycles. Analysis of voting on judicial retention candidates shows that the rise of social media activity, the demise of print media, and the omni presence of smartphones – all of which are inter-related – are having an impact. This impact, for better or for worse, will depend in no small measure on the willingness of bar associations and other civic groups to adapt to this new reality in their judicial evaluation activities. Rise of Social Media For many years, retention voting in Cook County followed highly predictable pat terns. Some voters skipped the retention

16 November/December 2023