CBA Record November-December 2024

November/December 2024 CBA

INSIDE THIS ISSUE: What Lawyers Are Talking About in 2024 What You Need to Know About the Biometric Information Privacy Act

CBA RECORD CONTENTS

November/December 2024 • Volume 38, Number 6

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Editor’s Briefcase Justice Is in the Doing By Justice Michael B. Hyman President’s Page How the Gift of Mentorship Can Be Part of Our Legacy By John C. Sciaccotta

PRO BONO WEEK 2024

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What Lawyers Are Talking About in 2024 By CBA Record Editorial Board What You Need to Know About the Biometric Information Privacy Act By Daniel A. Cotter

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CBA News

16 Chicago Bar

Foundation Report

18 The Pulse

YOUNG LAWYERS SECTION ISSUE

36 Nota Bene

AI Benchmark: Thoughts on Generative AI and Legal Writing by Kathleen Dillon Narko

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Tradition By Kenneth Matuszewski, YLS Chair

38 LPMT Bits & Bytes

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Empowering Young Lawyers: Career Advancement Resources and Opportunities By Olivia Crooks CBA Offers Course to Help New Lawyers Navigate Practicing Law By Jennifer Byrne, CBA CLE Director Committee Spotlights: YLS Women in Law Committee: Supporting Women Attorneys By Allyson C. Cox YLS Civil Rights Committee: Championing Justice, Empowering Voices By Patrick Driscoll

Your Practice Management Software Can Do So Much More By Kevin Thompson

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40 History Will Judge

Paths of Pain and Progress By Nina Fain

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42 Practical Ethics

ABA Formal Opinion 513 Provides Guidance on Duties to Inquire into Facts and Circumstances of Representation 512 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, 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 2024 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.

November/December 2024 CBA

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!

INSIDE THIS ISSUE: What Lawyers Are Talking About in 2024 What You Need to Know About the Biometric Information Privacy Act

CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF J oe Booker worked in the dim glow of his laptop. He had spent another long day at the Leighton Criminal Courthouse for a client who’d already lost everything but hope, and that too might be lost when the trial resumed in the morning. Joe leaned back in his chair, worried about what the jury might be thinking. His eyes wandered to the portrait of Abraham Lincoln on the far wall, which had watched over him in quiet judgment since he started practicing 18 years ago. Tonight, though, Lin coln’s penetrating gaze appeared heavier, more insistent. “Mr. Lincoln,” Joe muttered, almost in defeat, “The quest for justice feels overwhelm ing. How did you keep going?” To Joe’s astonishment, like a shadow coming to life, a figure stepped out from the por trait: tall, gaunt, a face etched with deep lines, and with eyes filled with a tired wisdom of having been through so much. “You’re asking the wrong question, Joe,” said Lincoln, his voice gentle. “The question isn’t how I kept going. The question is what kept me going.” Joe blinked, waiting for Lincoln to say more. “I held to the belief that right will triumph in the end,” said Lincoln with a sadness in his tone. “No great cause is won in a single moment, nor achieved without enduring setbacks. I resolved not to let disappointment deter me but rather to use it to embolden my determination to push forward.” Joe paused before responding. “But the challenges are relentless. It’s like swatting a swarm of hornets. Even if I get rid of one, another appears, and then another. I can’t help wondering whether trying to attain justice is worth the sacrifices.” “Justice is in the struggle itself,” Lincoln answered. “The law, as you know, does not always yield a just outcome. Yet justice is there, in the effort, in the commitment, in the resisting of misgivings that seek to weaken our spirit.” “So you’re saying it’s not about the result?” Lincoln’s eyes widened with recognition. “More than the result, it’s about showing that someone or something is worth fighting for. You’ve done it—when you stand up for a client and advocate for them. Every time you tell a judge or jury, ‘This person deserves justice,’ you’ve already altered the course.” “Clients do not come to you because they believe in the law; they come because they believe in you. They don’t know the law. What they do know is that you’re there for them. That’s justice, Joe. It’s not some grand, noble thing handed down from on high. Justice happens when lawyers manifest principled ideals driven by a sense of purpose.” “Tell me—” Joe hesitated a moment. “How do I keep believing in justice?” Lincoln looked straight at Joe. “The probability that we may fail in the struggle ought not to discourage us from a cause we believe is just. Indeed, in that struggle, we become part of something bigger. And if you ever doubt it—remember, you’re not alone and that the struggle for justice calls for guiding strength. The law is just words on paper until someone like you steps in and gives it voice and meaning.” Then, for the first time, Lincoln gave a friendly smile. “Justice is in the doing. Heed my words, justice is in the doing.” With that, Joe Booker was alone again, staring at the portrait once more. He didn’t feel as hopeless, knowing that justice resides in pursuing what is just. That was enough for Joe. Justice Is in the Doing

EDITORIAL BOARD EDITOR-IN-CHIEF

Justice Michael B. Hyman Illinois Appellate Court

ASSOCIATE EDITOR Anne Ellis Council of State Governments Justice Center SUMMARY JUDGMENTS EDITOR Daniel A. Cotter

Dickinson Wright PLLC YLS JOURNAL EDITORS

Joanna Kopczyk Attorney at Law Nikki Marcotte Kirkland & Ellis LLP

Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP Jacob B. Berger Tabet DiVito & Rothstein LLC Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Kirby McInerney LLP Clifford Gately Quarles & Brady Meredith A. Geller Northwestern Pritzker School of Law Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Kaitlin King Hart David Carson LLP Theodore Kontopoulos Internal Revenue Service John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Reed, Centracchio & Associates, LLC Pamela Sakowicz 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

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PRESIDENT’S PAGE BY JOHN C. SCIACCOTTA How the Gift of Mentorship Can Be Part of Our Legacy

The Chicago Bar Association www.chicagobar.org

President John C. Sciaccotta

First Vice President Kathryn C. Liss

of our profession and of giving back to it and nurturing it whenever possible. The greatest gift they bestowed upon me was their mentorship and the substantial amount of time they invested in me. To honor their investments, and to honor our mentors’ legacies in each of us, we should consider committing to men toring people in general and younger law yers in particular. Dick, Don, Bill, and others always stressed to me that part of the responsi bility of being a professional is the obliga tion to give back and to make our legal profession better. Bar association service and contributions clearly do this. They often told me that one day when I would become the “older lawyer,” to never forget to mentor younger lawyers and ask them to do the very same one day. It’s that per petuation of mentorship that makes our profession so very special and carries on our mentors’ great legacies. My mentors were there for me during some challenging times in my life and career. They were trusted friends, coun selors, and advisors. They rendered advice but were neither judgmental nor critical. Rather, they were uplifting. They stressed the importance of learning from chal lenging circumstances, striving to learn from your shortcomings and mistakes, and always taking a positive lesson from an unfortunate situation. These were very valuable lessons that only a true mentor can impart. The CBA’s mentorship program is alive and well. It’s a vital program that pairs members with mentees to discuss busi ness, professional, and even personal mat ters. I’ve been a mentor to many mentees

Second Vice President Judge Nichole C. Patton

Treasurer Jonathan B. Amarilio

Secretary Trisha Rich

Immediate Past President Ray J. Koenig III

Executive Director Beth McMeen

BOARD OF MANAGERS Daniel J. Berkowitz Tracy Brammeier Maggie Mendenhall Casey Erin Clifford Nishá N. Dotson John C. Ellis Josie M. Gough Brian Haussmann Judge Kenya A. Jenkins-Wright Michael Kozlowski Francine D. Lynch Justice Margaret Stanton McBride Kenneth A. Matuszewski Peter McNamara John Mitchell Sari Montgomery

D uring the holiday season, we often take time to reflect and give thanks and appreciation for the gifts we have in our lives. We often think of family, friends, colleagues, mentors, teachers, coaches, and those who made a real impact and difference for us. The memories and legacies of those that were most meaningful remain with us forever. They should also inspire us to mentor others in their honor. In that regard, I would like to pay trib ute to some of my most influential lawyer mentors. They include the late Richard W. (Dick) Culver, former CBA President Donald (Don) Hubert, and former City of Chicago Alderman William J.P. (Bill) Banks. I’m most grateful to Dick, Don, and Bill for urging me to become involved with our CBA. Even before I became a lawyer, they were especially inspiring and influential in teaching me the importance

Eirene N. Salvi Brendon Stark Justice Rena Marie Van Tine Judge Andrea R. Wood

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over the years, and it’s been a very rewarding experience. I would urge each of you to consider being a mentor. You can change someone’s life for the better. In closing, not only did my mentors teach me about the law, being a litigator, or how to conduct a cross examination, but they also taught me how to be a professional in all respects. Their behavior and conduct inspired and still inspires me. They are shining examples of how lawyers should conduct themselves and how and why they should endeavor to inspire others to perform

in an admirable fashion. As CBA members and leaders, it’s our responsibility to help nurture the next generation of lawyers who will become the leaders of the bar and of our profession. My hope and request is that you too will give the gift of mentorship in your careers that will indeed honor and pay tribute to the legacies of your own mentors. They would be immensely proud of your efforts. May you and your families have a joyous and blessed holiday season. I wish you a happy and healthy New Year.

The Chicago Bar Association The Chicago Bar Foundation Join us for a Wine Tasting

Experience the fruit of Tuscany with world-renowned sommelier Claudia Callegari. Four Tuscan wines will be featured.

Thursday, December 12, 2024 5:30 p.m. The Chicago Bar Association 321 S. Plymouth Court, Chicago

$150 per person Register by December 5 at www.chicagobar.org/Dec24Wine Proceeds Support The Chicago Bar Foundation

CBA RECORD 7

Honoring the Nation’s Finest Lawyers: The 2024 Justice John Paul Stevens Awards CBA NEWS

By Judge E. Kenneth Wright, Jr. E very fall, Chicago’s legal commu nity gathers to celebrate recipients of the Justice John Paul Stevens Award. This year’s recipients were Judge David H. Coar (ret.), JAMS; Daniel A. Cotter, partner, Dickinson Wright PLLC; David A. Decker (ret.), former president of the Illinois State Bar Association and the Illinois Trial Lawyers Association; Nina Fain, General Counsel, JS Schirn Family Trust; John J. (Jack) Jiganti, part ner, Madden, Jiganti, Moore & Sheridan LLC; E. Lynn Grayson, partner, Nijman Franzetti LLP; and Justice Margaret Stan ton McBride, Illinois Appellate Court. A Chicago native and U.S. Supreme Court Justice, Stevens dedicated his career to ensuring the justice system is fair and accessible to everyone and was commit ted to public and community service. The Stevens Award recognizes Illinois judges and lawyers who best emulate Justice Ste vens’ integrity and his legacy of service to the bench, the bar, and most importantly, the community. CBA President John C. Sciaccotta and CBF President Sang-yul Lee co-hosted the luncheon, welcomed the honor ees and other attendees, and noted the breadth of work and services the CBF and CBA jointly provide. Attendees included Chief Judge Tim othy C. Evans, Circuit Court of Cook County; Chief Judge Michael Chmiel, Circuit Court of McHenry County; members of the CBA Board of Managers; past Stevens Award recipients; members of the state and federal judiciary and bar; as well as many family members and friends.

Pictured from left, top row: CBA President John C. Sciacotta, Daniel A. Cotter, John Jiganti, and CBF President Sang-yul Lee. Pictured from left, bottom row: Judge David H. Coar, Justice Margaret Stanton McBride, and Nina Fain. Not pictured: E. Lynn Grayson and David Decker.

Judge David H. Coar (ret). As a jurist, Coar was praised for his legal acumen, expertise handling complex cases, integrity,

Daniel A. Cotter Cotter has worn many different hats—litigator, arbi trator, CBA presi dent, and chair of a local school council.

and independence. He retired from the bench after serving as a United States District Judge for the Northern District of Illinois for 16 years and a United States Bankruptcy Judge for the preceding eight years. He has been an Associate Professor of Law at DePaul University College of Law and has traveled extensively to con sult on judicial and economic issues as well as to provide educational informa tion to foreign judges.

The common thread is his commitment to sharing knowledge in the legal com munity as well as the public, particu larly youth. Cotter blends his passion for sports with his community work, as dem onstrated in his service with the nonprofit Lawyers Lend-A-Hand that empowers Chicago youth to achieve academic excel lence. A partner at Dickinson Wright PLLC, Cotter concentrates on corporate law and litigation, including insurance,

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complex business disputes, employ ment, cybersecurity, and privacy law. He is also a columnist for the Chicago Daily Law Bulletin and author of the book The Chief Justices . A long-time CBA member, he has served as president, chair of the Young Lawyers Section, and editorial board member of the CBA Record .

Counsel to a private family trust with assets in the United States and Europe. Fain shares her knowledge as an adjunct professor at DePaul University’s Gradu ate School of Public Policy and Roosevelt University, and via her work on nonprofit boards of directors including the Field Museum and the Francis W. Parker School Alumni Association. A past CBA Treasurer, Fain currently serves as a CBA Record edi torial board member, where she originated its “History Will Judge” column.

to improving the community overall. A long-term CBA member, Jiganti served as president of the association. A frequent lecturer and author on tax litigation and tax controversy matters, he has is a past president of the Lawyers Trust Fund of Illinois. He is a life trustee at Saint Igna tius College Prep and a former trustee of Christ the King Jesuit College Prep, where he continues to be involved in the group that provides college prep experi ence for young people in the underserved community of Austin on Chicago’s far West Side.

David A. Decker A pioneer in per sonal injury law, Decker successfully argued before the Illinois Supreme Court in a land

E. Lynn Grayson A nationally rec ognized leader in energy and environ mental law, Gray son is a partner at Nijman Franzetti

Justice Margaret Stanton McBride McBride has spent most of her career in public service. After practicing with a civil prac

mark case that changed state negligence law to allow for comparative negligence. His legal acumen and ability to bring about positive change shape his legacy. For instance, Decker successfully navi gated two transformative legislative bat tles: the 1985 medical malpractice crises and the 1986 Tort Reform Act nego tiations. Outside the courtroom, he has served as past president of the Illinois Trial Lawyers Association and the Illinois State Bar Association. In his acknowledg ments, Decker stressed the importance of cultivating your own community: a com munity of people who will support you as you uplift others.

LLP. She supports corporate law depart ments with environmental compliance challenges, cleanup obligations, and enforcement regulatory and litigation matters. She has used her platform as an author, adjunct faculty member, member of the ABA Standing Committee on Bar Leadership and past president of the CBA to raise awareness of environmental law and policy matters. Grayson has been rec ognized for her significant contributions to the field by organizations including WBAI, the ISBA, and the National Law Journal . Outside the legal arena, she con tinues to share her passion and knowledge serving on the board of directors for the Geneva Lake Museum and the Environ mental Education Foundation.

tice firm, she served as an assistant state’s attorney until she joined the judiciary as an associate judge in 1987. She was later elected as a Circuit Court Judge and then to the Illinois Appellate Court, where she currently presides. She has served as presiding judge of each of the Appellate Court’s six divisions. Throughout her judiciary journey, she has seized oppor tunities not only to educate others but improve the administration of justice in Illinois. McBride has taught a variety of legal subjects, including trial advocacy, professionalism, and criminal and civil law. She is also deeply involved in judicial education and training. She emphasizes to all students the need to continually see how the administration of justice can be improved. In McBride’s remarks, she referenced Stevens’ comment about learning on the job; she praised him for learning from his experiences and continually growing as a person and as a judge.

Nina Fain One of the First Afri can American and women partners at an Amlaw100 firm, Holland & Knight LLP, Fain’s experi

John J. (Jack) Jiganti

ences fuel her commitment to improv ing the profession and the justice system. With a background in complex corporate transactions, real estate development, and finance, Fain has represented U.S.-based Fortune 500 and small-cap clients in domestic and international matters. She has also served as a law firm department chair as well as chief legal counsel to the office of the Illinois State Treasurer, with more than $20 billion under asset man agement. Presently, she serves as General

A partner at Madden, Jiganti, Moore & Sheridan LLP, a boutique firm in the areas of tax and busi

ness transactions, Jiganti concentrates his practice in tax planning and representa tion of families, their businesses, family offices, and foundations. In addition to creating fresh approaches to the prac tice of law, Jiganti has dedicated himself

Judge E. Kenneth Wright, Jr. is the Presiding Judge of the First Municipal District of the Circuit Court of Cook County, past CBA President, and a member of the CBA Record editorial board.

CBA RECORD 9

Tips on Improving Your Presentation Skills By Amy Cook, Editorial Board member

are present and ready and connected to your body. You are not pushing and not retreating.

Free your body and breathe. This is something you need to practice. It starts with your feet connected to the ground. Your energy is a little forward in the balls of your feet. Feet are hip distance apart. Keep the forward connection; don’t retreat. Notice any tension in the shoulders and jaw and release unhelpful tension. Marchegiani recommends arm circles and neck stretches—gently pull your head from one side to the other. Actors and performers do side stretches to expand the rib cage. Exhale when speaking. “It’s common for us to speak on half breaths,” Marchegiani says. Try this exercise: inhale back and exhale for ward and, while making an “sss” sound train, yourself to speak on the exhale. Observe and connect. Take tips from improv and try the “Yes, and…” mindset. Listen to understand and not to challenge (unless called for under the circumstances, such as impeaching a witness). Be willing to be changed. Marchegiani says, “How can I expect someone to change their mind if I refuse to change mine?” He recommends getting into the room where you’ll be speaking. Notice textures, temperature, smells, and ambient noise. Try out how your voice sounds and make adjustments. Practice and be curious. Practice with everyday scenarios. Try to be in the second circle and be aware of first and third circle situations. Notice when someone tries to intimidate you without caving or mirroring their energy. Things you may do regularly can be cross-training. When walking the dog, practice rolling for ward through your feet. Many sports help you do the same, like skiing, basketball, tennis, and pickleball. Get curious: When do you feel you are performing well? When do you feel you’re not? Ask for feedback from colleagues and friends. A presentation is more than just what you’re going to say. Mar chegiani encourages us to “consider that freedom, and not con trol, is the path to peak performance.” “Performance Skills for Lawyers” is available on demand at Learn.Chicagobar.org.

W e all probably know attorneys who were theater majors or attorneys that have taken classes and performed improv at Second City or iO Theater. And we’re all familiar with our talented Bar Show performers. But an attor ney who is also an opera singer?

Paul Marchegiani

Paul Marchegiani, founder and CEO of Vox Vera, a consult ing firm, recently offered five tips on breathing, voice projection, and presence to enhance presentation skills. His firm helps law yers and other professionals “get out of their heads” and connect with their bodies. Marchegiani emphasized that content is only a small part of what happens when you communicate, and lawyers are good at the content part. ”Affective” communication is what happens in the body and what goes into a successful performance. Self-knowledge. Before an important meeting, negotiation, or trial, answer these questions: What do you bring to the table? Why you? What are your values? There must be mutual trust. Clients, juries, and judges can tell if a person is inauthentic. Then, move to make a connection. Connection is how you deliver the message. Be present. Marchegiani referenced well-respected voice coach and theater director Patsy Rodenburg’s three “circles of energy” that we move in and out of throughout the day. The first is falling back. You are receiving energy. You’re passive, scrolling through your phone. The attention is inward. The third (yes, it’s out of order) is pushed out—you’re trying to make something happen. You don’t care what comes back at you. This might take place at the gym, a sports game, or the airport. It’s a bullying energy. The second circle is what you want: a true give-and-take. You

Amy Cook is principal at Amy Cook Law, focusing on individuals, small businesses, and nonprofits with a special interest serving those in the creative arts and food systems communities, and CBA Record Editorial Board Member.

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CBA Bar Show Enters its 2nd Century with Performances January 10-11 By Jay Schleppenbach, Writer and Performer, The Bar Show

T he CBA Bar Show celebrated its 100th edition in 2024 with a move to the newly refurbished Studebaker Theater, a highlight reel of its greatest hits, and a mix of new and returning faces on stage. Now, on January 10-11, 2025, the 101st Bar Show will go Bar to the Future parodying the Michael J. Fox 1980s classic. “We are thrilled to be returning to the Studebaker theater, with its comfortable seating, convenient bar service, and superior sound quality,” said Bar Show co-producer Carissa Meyer. “Last year’s anniversary show will be a tough act to follow, but we are up to the challenge!” With its all-CBA-member cast and writing team, the Bar Show is an unusual creature among local musical theater produc tions, to be sure. But director and music directors Marla Lam pert and Brad Macdonald are long-term industry professionals and supervise a world-class production team. And the power house vocalists, hilarious and surprising parodies of pop and the ater classics, and high-caliber dance and production values mean audiences of all backgrounds (with or without JDs!) will have an enjoyable evening. “I always want to reassure people that we’re not singing songs about the Federalist Papers or the dormant commerce clause,” said returning cast member Peter Hegel. “Last year our material covered Barbie, Elon Musk, and pickleball, in addition to politi cal humor.” The Bar Show writers, led by head writer David Miller, update and reshape the script right up through the day of the show to ensure it remains topical and fresh. But if one were to specu late what topics might still be on people’s minds come January

2025, it wouldn’t be outlandish to expect songs and jokes about the presidential election, the Chicago Bears, and, of course, Taylor Swift. This year’s show is expected to run for about 90 minutes in two evening performances (January 10 and 11 at 7:30 p.m.) and one matinee (January 11 at 2 p.m.) at the Studebaker Theater in the Fine Arts Building at 410 South Michigan in Chicago. Tick ets will be available for purchase at www.fineartsbuilding.com/ studebaker. The Bar Show is also accepting sponsorships from local law firms, legal service providers, and others who want to support lawyers stepping outside of their legal comfort zones to entertain the Chicago community. Although all cast members contribute to defray production costs, inflation has hit theaters, sets, and costumes every bit as much as the bacon and eggs at your local grocery store. “We couldn’t do this show without the generous support of our sponsors, including Elrod Friedman LLP, Scott D. Pol lock & Associates, and Christopoulos Dickens,” said returning cast member Kellie Snyder. “We welcome sponsorships in any amount to keep this hundred-year tradition going!” To sponsor or donate to the Bar Show, please contact CBA Controller Mark Cellini at mcellini@chicagobar.org. Updates and additional information about the show can also be found at www.chicagobar.org/barshow. “We can’t wait to welcome our friends and colleagues into the Bar Show’s next century of music, dance, and laughter!” Meyer enthused. “But don’t worry, none of us are going to quit our day jobs.”

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CBA RECORD 13

The CBA’s Municipal and Law Committee gathered in-person at the Daley Center recently to hear University of Chicago Law School Professor Elizabeth Shaver Duquette’s insights about AI’s impact on legal writing, its current limitations, and likely areas of growth. She discussed how practitioners may best use AI in its current iteration in their own legal writing and how to spot where text may be AI generated. She also raised questions about the judiciary’s potential role in shaping AI guardrails and issues judges may face in the future, such as how to handle AI-generated evidence. The committee is led by Chairs Judges James McGing (ret.) and Thomas Morrissey and Vice-Chairs Judges Jasmine Hernandez and Joseph Panarese. To receive notice of upcoming meetings, join the committee at www. chicagobar.org or send an email to Meredith Loehr at mloehr@chicagobar.org.

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14 November/December 2024

CLE & MEMBER NEWS

Connect with Other Lawyers in Your Practice Area through Committee Meetings

Learn from experts in your field and expand your professional com munity through CBA and YLS practice area committee meetings. Over 50 practice area committees meet monthly in various delivery formats: in-person, online, and hybrid. 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 upcoming committee meetings and seminars. To join committees and receive additional resources related to your practice area, sign up at www.chicagobar.org.

CBA Welcomes Newly Admitted Illinois Attorneys

Bar Admission Ceremonies were held on Wednesday, November 6, 2024, in the five Judicial Districts for new admittees who joined the ranks as licensed attorneys in Illinois. The CBA is pleased to welcome this group to the legal profession by offering free membership and

CLE through November 2025. Be sure to welcome new admittees into your committee meetings and programs. 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 professional career coach Kathy Morris (the next session is January 22, 2025; see details at www.chicagobar.org). • Meetings of the YLS Careers Committee (see upcoming meetings at Learn.ChicagoBar.org). • Live and archived career seminars at Learn.ChicagoBar.org.

Sample titles include Smart Job Searching at Every Career Stage, Law Degrees Making a Difference, and From Lawyer to Leader. • Our online career center at www.chicagobar.org/careers lists resume postings and open positions. • Job Flash emails are sent to members twice-a-month. Visit www.chicagobar.org/careers for more information or email membership@chicagobar.org with questions. The Career Center provides information about posting jobs and searching resumes online.

Member Benefit: InfoTrack

InfoTrack integrates with practice management systems to speed up e-filing, process serving, e-signatures and more by automatically syncing client data, case documents, and billing information. CBA

members save 10% on e-filing and process serving with InfoTrack. Get started at www.infotrack.com/associations/cba.

Member Benefit: LawPay

LawPay is a payment processing platform designed specifically for the legal industry. It provides attorneys with a simple, secure, and online way to accept credit cards in their practice. LawPay under stands the unique compliance and financial requirements placed on attorneys, which is why the LawPay platform can correctly separate

earned and unearned payments, giving peace of mind that credit card transactions are properly handled. LawPay is proud to partner with The Chicago Bar Association, and any CBA members who sign up for a LawPay account will get their first three months free. To learn more or get started, visit lawpay.com/cba or call 866-730-4140.

CBA RECORD 15

Chicago Bar Foundation Report

Innovative Court and Public Library Partnership Makes Legal Help More Accessible Across Illinois By Roya Samarghandi, CBF Associate Director of Advocacy, Innovation & Training

Judge Jill Marisie

Secretary of State Alexi Giannoulias

Judge Jorge Ortiz

N avigating the legal system can be challenging, especially for individuals without lawyers who don’t know where to seek help. A new pilot program is bringing court resources into public libraries across Illinois to help bridge this gap. These Court Access Library Centers are intended to assist people in finding the legal information and procedural assistance they need in their local communities. Under the leadership of Cook County Circuit Judge Jill C. Marisie and a dedi cated Steering Committee, this inno vative partnership between the Illinois Secretary of State, the Illinois Supreme Court Commission on Access to Justice, and the CBF builds on the existing ben efits that libraries offer by giving librarians

the resources and training to better serve patrons dealing with legal issues. The pilot program placed Court Access Library Centers in 18 public libraries in 11 judicial circuits. The participating libraries provide space and dedicated equipment for online access to legal infor mation and resources, e-files, and court documents. Through the Court Access Library Centers, patrons can also par ticipate in Zoom court and court-related services like mediation remotely. This is especially helpful for those who live far from their local courthouse or must deal with transportation issues, saving time and money. “By placing Court Access Library Cen ters in public libraries, we are opening the door for people who might otherwise

struggle to navigate the legal system,” said Judge Marisie. “This program ensures that more individuals can access the resources they need, right in their own communi ties, and will make a meaningful differ ence in the lives of many, especially those who face barriers like distance or lack of technology.” The 18 library locations were selected based on the number of people in that area representing themselves in court, the community’s diversity, and challenges like geographic distance to the local court house and limited internet access. Four Chicago Public Library locations are participating in the pilot: Harold Wash ington Library Center, Legler Regional Library, Sulzer Regional Library, and Woodson Regional Library.

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In addition to offering space and equipment, librarians also receive special training. The librarians will be able to explain the difference between legal information and legal advice, and which services they can offer under the Illi nois Supreme Court’s “Safe Harbor Policy.” Librarians can help patrons attend court hearings remotely, access approved statewide forms, e-file their docu ments, access case information, and connect with appropriate legal referrals and resources. Librarians interested in more active roles can become certified as court library navigators after additional training. These certified navigators will provide more personalized legal information and procedural assistance in areas such as family law, housing, and consumer debt. They can also help litigants request an inter preter or other accommodation and inform qualifying litigants about fee waivers. “This impactful statewide partnership will significantly enhance access to justice, enabling many individuals to meaningfully engage in their court cases,” Lake County Judge Jorge Ortiz, Chair of the Illinois Supreme Court Com mission on Access to Justice, stated in the recent press release announcing the project.“We are thrilled to collaborate with the Illinois Secretary of State and The Chicago Bar Foundation in this important initiative.” This pilot builds on successful programs like Illinois JusticeCorps, the Com mission on Access to Justice Court Navigator Network, and the Illinois Court Help Program, aiming to break down barriers for people who need legal help but often struggle to connect to the appropriate resources. By bringing these services to public libraries, the hope is that more people – especially those with limited access to technology or difficulty getting to the courthouse – can get the legal information and assistance they need. “This initiative reflects the exemplary leadership of the Secretary of State, Illinois Supreme Court, and the CBF and the dedication and teamwork of our impressive Steering Committee,” Judge Marisie stressed. “Everyone has come together to make this program a reality, and it is this spirit of collaboration that we believe sets up the pilot program for success and eventual expansion to other libraries as well.” Visit chicagobarfoundation.org/court-library for more information on the Court Access Library Centers, including a list of participating locations.

STEERING COMMITTEE Chair Judge Jill C. Marisie Circuit Court of Cook County Judge Maryam Ahmad Circuit Court of Cook County Scott Britton Cook County Commissioner Dennericka Brooks

Legal Aid Chicago Maggie Clemons Chicago Public Library Jennifer Crespo State of Illinois Torture & Inquiry Relief Commission Halle Eichert Kane County Law Library Self Help Center Clarissa Gaff Land of Lincoln Legal Aid Judge Toya T. Harvey Circuit Court of Cook County Ryan Johnson President, Illinois Library Association Carmen Navarro Gercone Office of the Clerk of the Circuit Court of Cook County Judge Jorge L. Ortiz 19th Judicial Circuit, Lake County/Chair, Commission on Access to Justice Justice David K. Overstreet Illinois Supreme Court/Commission on Access to Justice Jamie Paicely Flossmoor Public Library Teri Ross Illinois Legal Aid Online Mony Ruiz-Velasco

PARTICIPATING LIBRARIES

Flossmoor Public Library

Chicago Public Library Glenview Public Library

Wauconda Area Public Library District McHenry Public Library District

Equality Illinois Wendy Vaughn NIU College of Law/Commission on Access to Justice Stacey Weile r Illinois Bar Foundation Candace Williams CCLAHD Outreach Consultant

Indian Trails Public Library District Northlake Public Library District Prairie Trails Public Library District Calumet City Public Library Aurora Public Library – Santori Library Addison Public Library

Rantoul Public Library Peoria Public Library – Main Library O’Fallon Public Library Carbondale Public Library

CBA RECORD 17

baker Theatre, 410 S. Michigan Ave. For those who’ve never attended, the Bar Show is an irreverent musical comedy revue starring your fellow CBA members that parodies local and national politi cal, 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 11. 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. Join the CBA Chorus The CBA Chorus invites experienced choral singers to join the group for the 2024-25 concert season. Members are attorneys, law students, paraprofessionals, and legal support staff. Rehearsals are on Wednesdays from 6:00-8:00 p.m. at the CBA. Three performances with the CBA Symphony Orchestra are scheduled, plus the Chorus will sing for Law Day at the Daley Center in May 2025. To sign up or inquire, email SeanMichaelHoffman@ gmail.com. Chamber Concert Members of the CBA Symphony Orches tra and CBA Chorus will perform a Chamber Concert on Sunday, January 26, 2025, at 3:00 p.m. at Piano Forte Studios,1335 S. Michigan Ave, Chicago. Reserve reduced-price tickets in advance at https://chambercba.eventbrite.com. Congratulations To the law firm of Peck Ritchey, LLC, which had CBA Past President Kerry Peck, Tim Ritchey, Jesse Footlik, and Peter Coorlas listed in the 2025 edition of Best Lawyers and Kyle Fahey, Peter Brady,

THE CBA PULSE

BY BETH McMEEN, CBA EXECUTIVE DIRECTOR

Over 90 golfers enjoyed a day on the links at the CBA’s 2024 Golf Outing. A big thank you to the 2024 Golf Outing Committee: CBA President John Sciaccotta, Aronberg Goldgehn; Gene Murphy, Murphy Law Group; and Timothy S. Tomasik and Daniel Kotin, Tomasik Kotin & Kasserman. Pictured from left: CBA Second Vice President Judge Nichole C. Patton, Circuit Court of Cook County; Jennifer Bae, Illinois Workers’ Compensation Commission; attorney Dawn Projansky Lavin, and Rachael Sinnen, Cook County Board of Ethics member and Illinois Workers’ Compensation Commission.

JEC Evaluates Retention Judges and Associate Judge Candidates The Association’s Judicial Evaluation Committee, chaired by Michelle Carey, evaluated 78 sitting judges who ran for retention on November 5. The com mittee’s findings were shared a month before the election in English, Spanish, and Polish. The committee is looking for members to serve in its Investigation Division. For more information, go to www.chicagobar.org/JEC or contact Phyl lis Lubinski at plubinski@chicagobar.org. Travel with the CBA to Sicily CBA President John C. Sciaccotta invites

you to join the CBA for CLE in Palermo on April 28-30, 2024. The program will feature CLE, daily continental breakfast, welcome and closing receptions, expert guided tour of Palermo and the Royal Palace, cultural insights trip of Monreale and Cathedral, a sightseeing voyage to the coastal city of Cefalu, and more. Attend ees can add on a post-trip extension to Taormina. Additional details at www.chi cagobar.org/Sicily2025. The Bar Show The Bar Show is back and celebrating its 101st performance, “Bar to the Future,” on January 10 and 11, 2025, at the Stude

18 May/June 2024

and Dan Lynch in the 2025 edition of Best Lawyers: Ones to Watch in America … To the Chicago Lawyer & Chicago Daily Law Bulle tin’s 40 Under Forty to Watch 2024: Christine Barone , Chuhak & Tecson, P.C.; Jennifer Enloe , Schiller, DuCanto & Fleck, LLP; John Giokaris, Rock Fusco & Connelly, LLC; Kathryne Hayes , Collins Bargione & Vuckovich; Kellie Maggie Mazzarella, Hin shaw & Culbertson, LLP; Maggie Mendenhall Casey , City of Chicago Department of Law; Michael Sciaccotta , Kirkland & Ellis LLP; and Thomas Tomasik , Clifford Law Offices… and Romanucci & Blandin LLC added Senior Attorney Joshua M. Levin as a member of the firm’s civil rights group. News on former CBA Board Members: Allen P. Walker was installed as president of the Illinois Judicial Council; and Greta G. Weathersby was appointed by the Illinois Supreme Court as a member of the Committee on Character & Fit ness, First District… The Illinois Supreme Court Commission on Access to Justice was honored with the Justice Innovation Award by the Law Center for Better Housing… Erin McAdams Franzblau was installed as president of the Federal Bar Associa tion… Katten promoted Benjamin Lavin to partner in its Chi cago office… Cooper Trachtenberg Law Group partner Helena L. Trachtenberg was named a fellow of the American Academy of Matrimonial Lawyers… Sidley Austin LLP elected partner

Brian J. Fahrney as Chair of the firm’s Executive Committee… and The Center for Disability & Elder Law, initially proposed by the CBA Young Lawyers Section in 1982, celebrated its 40th anniversary; Eva Adams was added to CDEL and will lead the organization’s Housing Preservation. Skadden Arps, Slate, Meagher & Flom LLP celebrated its 40th anniversary in Chicago… Corboy & Demetrio welcomed their newest partners, Conrad C. Nowak and Chad D. Kasdin … Clif ford Law Offices partner Bradley M. Cosgrove will speak at the Illinois Trial Lawyers Association’s annual Medical Malpractice Seminar on December 13, 2024… Quarles & Brady LLP elected John Aramanda to partner in the firm’s Chicago office… Han dler Law, LLP partner Thomas J. Handler was honored with the Family Wealth Alliance Thought Leadership Award and recog nized in the FamCap 50 list of the top 50 family enterprise advi sors globally… Evergreen Park-based Scannell & Associates hired Karissa L. Frazier as a litigation attorney… and Kogut & Wilson hired Darby A. Groberman and Nike Roman as associates. Condolences To the family and friends of Justice Themis N. Karnezis (ret.), Tyrone C. Fahner, John J. Conroy, Jr., Michael R. Fayhee , and Circuit Court Judge William E. Gomolinski (ret.).

The Chicago Bar Association Lawyer Referral Service We Are Your Referral Network.

Let our network of 200 + highly qualified attorneys serve as YOUR referral network. We’ve already done the difficult and time-consuming screening for you! Our attorneys: • Have an average of 20 years experience; • Are thoroughly screened for relevant practice area experience and malpractice insurance; • Practice in over FORTY areas of the law; and • Speak a variety of languages, including Spanish.

Experience. Commitment. A public service since 1940.

Referrals made 24/7 at: www.chicagobar.org/LRS -or 312-554-2001 (M-F)

Se Habla Español.

CBA RECORD 19

WHAT LAWYERS ARE TALKING ABOUT IN 2024

We asked our editorial board members to share one subject that’s got them and their

colleagues buzzing these days. The takeaway? The legal world is metamorphosing in ways both subtle and dramatic, practical and transformative. Stay informed: Today’s chatter often becomes tomorrow’s norm.

Evolving Legal Technology The Digital Courthouse By Justice Michael B. Hyman, Illinois Appellate Court

Generative AI Apps By Pamela Sakowicz Menaker, Communications Partner, Clifford Law Offices

The Illinois judiciary is adjusting in real-time to the increase in remote work and virtual courtrooms. Our courts are now con ducting many hearings online, allowing people who face barriers such as time constraints, geographic distance, or a disability to participate without having to travel to a courthouse. In the appellate court, most of my colleagues agree that virtual oral arguments have proven to be as interactive and informative as in-person ones, and even incarcerated individuals have been able to watch the arguments from prison, which would have been out of the question before the pandemic. Despite advancements, the digital divide remains a pressing issue, prompting our courts to reassess their processes to ensure equal access to all parties regardless of technological resources. Many judges have incorporated hybrid models, handling routine matters remotely while reserving critical proceedings like jury trials for courtrooms. By the end of the decade, I expect technologies and standard ized procedures to be put in place to enable most bench trials and certain types of jury trials to be conducted online. This will allow greater access to justice while maintaining fairness and decorum in a digital environment.

In the ever-evolving landscape of legal services, the integration of artificial intelligence (AI) has emerged as a game-changer for law yers seeking to streamline their workflows, enhance client inter actions and improve overall efficiency. One that has garnered attention in the legal industry is generative-AI tools with the ability to create documents by scraping data from the internet, including legal filings and whatever sources are available, with the caveat that their source or reliability is unknown (ala the case involving two New York lawyers who filed an AI-generated brief without checking that the cases were pure “hallucinations”). Hundreds of continuing legal education programs are avail able, given the Illinois requirement that lawyers must be up to date on legal technology. Experts are now encouraging lawyers to use such generative AI apps such as ChatsterAI, ChatGBT 4.0 and Copilot as a savings method for clients. Tech experts in the legal field are advising that such tools can be used as a first draft for routine or repetitive tasks, freeing up the lawyer to focus on more strategic and human-oriented work. They warn that although specificity is required to get the best product from AI tools, one must not enter clients’ names or other

20 November/December 2024

Tools to Improve Your Law Practice Hot in Tax Law: Bloomberg Document Translator Tool By Ted S. Kontopoulos, Attorney for the IRS, Chief Counsel, Associate Chief Counsel (International) in Washington, D.C. Tax practitioners need reliable document translation tools. Con sider the ever-increasing amount of U.S. businesses that transact internationally or the growing number of foreign-born Ameri cans. These drivers, among others, mean that tax practitioners confront more legal and financial documents in non-English lan guages today than ever. Tax practitioners increasingly use the Bloomberg Tax data base’s Document Translator tool to analyze non-English docu ments. The tool offers English translation from fifteen languages, including Arabic, Chinese, French, German, Italian, Japanese, Korean, Polish, Russian, and Spanish. The tool’s software is also compatible with translating Word documents, online webpages, portable document formats (PDFs), images, XML files, Power Point slides, and Excel spreadsheets. Mechanically, a compatible document is first uploaded to the tool. (Translation speed generally depends on the size of the weigh its limitations. On one hand, the maximum file size for upload is 10MB, certain non-English symbols produce awkward formatting, and some phrases still require a human translator to confirm accuracy. On the other hand, the tool cuts costs for human translation services and provides information security (Bloomberg does not store uploaded documents). Lexology and the Retired Lawyer By John Levin, Retired Assistant General Counsel, GATX Corporation Just because you retire from the active practice of law does not mean you have lost interest in your specialty or what is happening in the profession. Keeping track of your specialty should not be a problem. By the time you retire, you should know the relevant sources of information on changes in your specialty. Keeping up with changes in the practice of law is another matter: how do you know what is happening if you are no longer doing it day to day? Here is where Lexology – a web service furnished with your CBA membership – provides an answer. The service provides data and analysis from a multitude of law firms on a multitude of topics, including “Legal Practice.” The service contains articles and commentary on what is happening in the working world, such as marketing and managing the law practice, as well as the uploaded non-English document.) Once the translation is complete, a Word document automatically downloads from the internet browser to the local device. Overall, the tool’s benefits out

personal data because it may violate the attorney-client privilege when the lawyer doesn’t know how the information is being gleaned for later use. Certainly, any document filed with the court should be care fully reviewed, and some courts require that filings containing generative-AI information must be disclosed. The same is true for any client communications. And it is unquestioned that if a lawyer spends less time using a generative AI tool, one can charge a client only the time that was spent, not the time it would have taken to produce it without AI so the client benefits from the increased operational efficiency. Experts generally agree that the first necessary step is to become familiar with AI, and each firm should form a policy for its lawyers and staff before dabbling in an area that is quickly changing. Law Firms Rushing into the AI Practice Void By Clifford Gately, Senior Business Development Manager, Quarles & Brady LLP Few things are hotter than Artificial Intelligence right now. AI law firm applications can be broadly divided into two buckets:

Internal—law firms adopting inter nal generative AI tools and policies— and external—law firms providing and promoting legal services to cli ents in the AI space. As to the former, a 2023 survey conducted by the ABA showed that 35% of law firms now utilize AI-driven tools to enhance their practice (as compared to 15% in 2020). Hard data on when law firms first started offering AI practice groups is

difficult to find. Paul Hastings may have been an early adopter when it launched an Artificial Intelligence Practice Group in March 2019. Four years later, an article appeared in The Ameri can Lawyer that pronounced “In ‘Ultra-Dynamic’ AI Environ ment, More Law Firms Are Launching Devoted Teams,” citing Husch Blackwell, Winston Strawn, and Norton Rose among the firms that created AI practices in Q1 of 2024. In May, Sullivan & Cromwell announced its AI practice. At the time, a Reuters article reported “Several other large U.S. law firms have also established dedicated AI practice groups over the past year and a half, hoping to capitalize on a surge in AI-related dealmaking, regulatory, and litigation work.” An informal review of 10 firms with AI multidisciplinary groups shows them to be most active in the IP space, trade secrets, and cybersecurity/data privacy—the latter due to the need for policies governing how employees and companies use the tech nology. Other frequently quoted practice areas are technology transactions and finance, regulatory compliance, entity formation and governance, employment law, and complex litigation.

CBA RECORD 21