CBA Record November-December 2023

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