LawPay is easy, accurate, and so efficient - it has increased our cash flow tremendously. The recurring pay option for clients is the best! Can’t beat the rates and the website is easy to use! We love LawPay–it has really enhanced our firm!
–Welts, White & Fontaine, P.C. Nashua, NH
Trusted by more than 35,000 firms and verified ‘5-Star’ rating on
Getting paid should be the easiest part of your job, and with LawPay, it is! However you run your firm, LawPay's flexible, easy-to-use system can work for you. Designed specifically for the legal industry, your earned/unearned fees are properly separated and your IOLTA is always protected against third-party debiting. Give your firm, and your clients, the benefit of easy online payments with LawPay. THE #1 PAYMENT SOLUTION FOR LAW FIRMS
Name on Ca r
Card Numbe r
LawPay is proud to be a vetted and approved Member Benefit of the Chicago Bar Association.
Special offer for bar members. Call for details
866-299-6061 or visit lawpay.com/cba
LawPay is a registered ISO of Citizens Bank, N.A.
When Results Matter... Why Choose Anyone Else?
Collaboration with referring attorneys is unmatched
For over 30 years one of the top trial records in Illinois
Success rate of almost 98% of cases at trial
Record high verdicts and settlements in Cook, DuPage and Will Counties
Over $550 million in verdicts and settlements on behalf of our clients
55 West Wacker Drive, Ninth Floor , Chicago, Illinois 60601 • 312.629.2900 • www.McNabolaLaw.com PERSONAL INJURY • TRUCKING COLLISIONS • MEDICAL MALPRACTICE • PRODUCT LIABILITY • AVIATION LAW
INSIDE THIS ISSUE 30 So, You Want to Become a Judicial Law Clerk By Justice Mathias W. Delort
Courtesy: The Bond of all Society
12 CBANews 22 Chicago Bar Foundation Report 24 Murphy’s Law 46 Legal Ethics Lawyers Acting Badly By John Levin 48 Ethics Extra
New CBA Initiatives Address the Future of the Profession A Special Report
YOUNG LAWYERS SECTION
40 YLS to Join Aging Adults to Prevent Probate Plights By Brandon E. Peck 42 A Primer on Punitive Damages in Illinois By Brett Geschke
Third Party Funding of Lawsuits By Jeanette Braun
52 Summary Judgments
LAP Contributor Sofia Sinnokrot reviews TheMindful Twenty- Something: Life Skills toHandle Stress and Everything Else
On the Cover This month’s CBA Record cover celebrates the 95th Annual CBA Bar Show musical, Big Little Laws, which will be held from November 29 through December 2 at DePaul University’s Merle Reskin Theatre. The cover art was created by Bar Show cast member Larry Aaronson. A ticket order form appears on page 25. Tickets are also available at www.chicagobar. org/barshow .
Committee Chair/Vice-Chair DirectoryEnclosed
The CBA Record (ISSN 0892-1822) is published seven times annually (January, February/March, April/May, July/August, September, October, November) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604- 3997, 312/554-2000, www.chicagobar.org.Subscriptionsfornon- membersare$25peryear.PeriodicalspostagepaidatChicago, Illinois.POSTMASTER:Sendaddresschangesto CBARecord ,c/o Kayla Bryan, Chicago Bar Association,321SouthPlymouthCourt, Chicago,Illinois60604. Copyright2018byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.
EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF RBG's Gentle Touch R are is a justice of the United States Supreme Court who becomes a full-fledged superstar. But then, Justice Ruth Bader Ginsburg’s career has been a prolonged rebellion against the status quo, a hallmark of today’s superstars. In the documentary RBG, we get a glimpse into the life, adventures, and spirit of the 85-year old jurist, Jewish grandmother, feminist icon, two-time cancer survivor, opera buff, and exercise fanatic (she regularly does 20 push-ups!). Before I saw the movie, I admit that I had only a general knowledge of Justice Ginsburg’s life until she joined the Supreme Court and adorned her black robe with a decorative collar. Ginsburg was born Joan Ruth Bader in the Flatbush neighborhood of Brooklyn, to Rus- sian Jewish immigrants. Ginsburg’s older sister died of meningitis when she was two, and her mother died of cancer the day before Ginsburg’s high school graduation. Ginsburg attended Cornell University, where, on a blind date, she met her husband, Martin. She graduated first in her class. They both decided to enroll at Harvard Law School, Ginsburg a year after Martin. She was one of nine female One Ls among about 500 students. Ginsburg went on to be the first woman on the Harvard Law Review, but left Harvard after Martin got a job in New York City. She transferred to Columbia Law School for her senior year, and, again, graduated first. Despite her stellar law school career, finding an associate position or clerkship proved next to impossible. Ginsburg says that she joined the Bar when “women were not wanted by the legal profession.” Even the renowned Judge Learned Hand refused to hire her, allegedly because he refused to edit his swearing. Justice Felix Frankfurter also turned her down. Ultimately, after much travail, U .S. District Court Judge Edmund Palmieri hired her as his law clerk. Ironically, Ginsburg often shared a ride to the courthouse with Judges Hand and Palmieri. According to author Linda Hirshman, Judge Hand continued to “talk in [his] usual expres- sive style.” Once Ginsburg asked Hand how he could go on swearing with her in the car, but yet refuse to curb his swearing to hire her. “Young lady, I’m not looking at you,” he replied, staring at the windshield. Ginsburg went on to be a law professor, co-founder of the ACLU’s Women’s Rights Project, one of the major architects of legal equality for women, and, as of August 2018, an associate justice of the U.S. Supreme Court for 25 years. One of the many things that impressed me watching RBG was the Justice’s soft-spoken manner and seemingly reserved personality. Whatever the circumstances, Ginsburg rarely shows any hint of anger, indignation, or frustration. Rather, she exudes a self-assured presence, authenticity, and confidence. Justice Ginsburg, also known as “Notorious RBG,” avoids harsh or hurtful words. As she has said, “Reacting in anger or annoyance will not advance one’s ability to persuade.” She also believes that to move others to your position, don’t say, “‘how could you make that argument?’ It will be welcomed much more if you have a gentle touch than if you are aggressive.” As a lawyer, Ginsburg’s “gentle touch” brought her gratifying successes against considerable odds. She used a combination of well-conceived arguments and scrutiny of the evidence to win her cases. At no time would she descend into vitriol and bombast. She knew better. That she could connect even with someone whose ideology differed so deeply from hers, indeed was substantially the opposite‒Justice Anton Scalia‒attests to her gentle touch. Too often, lawyers display antagonism toward opponents when mutual respect and dialogue would be far more helpful. We all can learn from RBG’s “notorious” example. Rehearing “Fight for the things that you care about but do it in a way that will lead others to join you.” –Justice Ruth Bader Ginsburg
EDITORIAL BOARD Editor-in-Chief Justice Michael B. Hyman Illinois Appellate Court Associate Editor Anne Ellis Proactive Worldwide, Inc. Summary Judgments Editor Daniel A. Cotter Latimer LeVay Fyock LLC YLS Journal Editors-in-Chief Natalie Chan Sidley Austin LLP
Daniel J. Berkowitz Aronberg Goldgehn
Carolyn Amadon Jonathan B. Amarilio Taft Stettinus & Hollister LLP Ali Ammoura Cook County Public Defender's Office Amy Cook Amy Cook Consulting Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Heyl Royster Jasmine Villaflor Hernandez Cook County State’s Attorney’s Office Lynn S. Kopon Kopon Airdo Attorneys at Law John Levin Kathryn C. Liss Schiller DuCanto & Fleck Family Law Center Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Law Office of Clare McMahon Pamela S. Menaker Clifford Law Offices Peter V. Mierzwa Law Bulletin Publishing Company Kathleen Dillon Narko Northwestern University School of Law Adam J. Sheppard Sheppard Law Firm, PC Nicholas D. Standiford Schain Banks Kenny & Schwartz Ltd. Richard Lee Stavins
Robbins, Saloman & Patt, Ltd. Judge E. Kenneth Wright, Jr. Circuit Court of Cook County Rosemary Simota Thompson William A. Zolla II The ZOLLaw Group, Ltd.
THE CHICAGO BAR ASSOCIATION David Beam Director of Publications Rebecca Martin Manager of Advertising and Sponsorships
6 SEPTEMBER 2018
HOW DO YOU TURN A LIFE’S DREAM INTO A LEGACY?
WE HAVE IDEAS. ™
Today’s success is one thing. Preserving it for future generations is another. Ask one of our Wealth Management experts how to keep your future going strong.
Wealth Management is offered through First Midwest Bank. Most Wealth Management products are not FDIC insured.
PRESIDENT’S PAGE BY STEVEN M. ELROD Civility: The Bond of all Society
The Chicago Bar Association www.chicagobar.org
OFFICERS President Steven M. Elrod
profession and as members of an Asso- ciation, need to do everything we can to reverse the rise of incivility. There have been numerous studies on the negative impact of incivility in the workplace. I want to touch on some of those studies and their findings because they relate to the legal workplace whether you are working in the private (law firm), corporate, educational, judicial, or government sector. A study conducted by the National Institute of Health defined incivility as behavior that is characteristically rude and discourteous. NIH’s analyses found that there is a direct relationship between being uncivil and organizational change, job insecurity, low social support, lack of collaboration, and high job demands. The NIH study also found that incivil- ity was responsible for (i) decreased job satisfaction, (ii) impaired performance, (iii) dissatisfaction with the employer, (iv) increased turnover, (v) decreased respect for managers, (vi) feelings of injustice, (vii) lower productivity, and (viii) lost time. Several civility studies conducted by Christine Porath, have been featured in the New York Times and published by Harvard, Georgetown, and other academic institu- tions. She found that incivility in the work- place has risen from 49% in 1998 to, more recently, 62% in 2016. Porath also found that employees who experienced incivility at work spent less time at work, admitted to declining performance and were less commit- ted to their employer. Like the NIH study, Porath discovered that incivility resulted in higher employee turnover, lack of collabora- tion with other employees and, that incivility has a negative impact on the organization, specifically, it’s bad for business. On a positive note, Porath’s studies found that employees who were treated respect-
Holland & Knight LLP First Vice President Jesse H. Ruiz
Drinker Biddle & Reath LLP Second Vice President Maryam Ahmad Cook County State's Attorney's Office Secretary E. Lynn Grayson Nijman Franzetti LLP Treasurer Timothy S. Tomasik Tomasik Kotin Kasserman LLC Executive Director Terrence M. Murphy Assistant Executive Director Elizabeth A. McMeen BOARD OF MANAGERS Jonathan B. Amarilio Alan R. Borlack Judge Thomas M. Durkin Sharon L. Eiseman Mark B. Epstein Nina Fain Hon. LaShonda A. Hunt Michael J. Kaufman Hon. Diane Joan Larsen Lori E. Lightfoot Kathryn Carso Liss Hon. Thomas R. Mulroy Matthew A. Passen
“Courtesy is the bond of all society and there is no society which can last without it.” –Luc de Clapiers, Marquis de Vauvenargues W ebster’s defines civility as “civilized conduct” especially, “courtesy” and “politeness.” hat a perfect world this would be if everyone observed the “Golden Rule” and was courteous, polite and civil! Unfortunately, we are daily witnesses to a growing coarseness which seems to be spreading throughout our country, particularly from certain of our elected officials currently residing in Washington, D.C. And incivility is on the rise in the legal profession too. Brief writing, oral arguments, and negotiations among law- yers have reached an all-time low (see my sidebar on page 10 on the Illinois Supreme Court’s decision in the Rahm Emanuel election case). That is why I included this topic as one of the three focus points and themes (along with collegiality and civic education) of my term as CBA President. I believe that we, as members of the legal
Brandon E. Peck Mary Robinson Federico M. Rodriguez John C. Sciaccotta Adam J. Sheppard Helene M. Snyder Greta G. Weathersby Zeophus J. Wiliams
8 SEPTEMBER 2018
fully were much more likely to embrace and drive positive change for their employer. Another recent study found that incivility affects both those exposed and those who observe rude and discourteous behavior. The study reported that 25% of workers witnessed workplace incivility and 50% were victims of incivility in their jobs at least once a week. The pressures and stresses of today’s legal practice are myriad and for some lawyers they are overwhelming. Information over- load, intense focus on profitability, and the multiplicities of the practice make it increasingly difficult for lawyers to find bal- ance in their lives. This year, we are working within the Bar Association to develop new programming that will help our members cope with these issues, maintain our values, and keep centered. Incivility hardens us, and not only will it destroy our reputations, but it will make our lives miserable.
CBA Announces Formation of Wellness Committee As the legal profession continues to grapple with rising levels of mental distress and substance abuse among attorneys, the Chicago Bar Association is announcing the formation of a Wellness Committee to promote and support mental, physical and emotional well-being for its lawyer members. The CBA’s Board of Managers has approved creation of the new committee and named Chicago attorney Jonathan A. Beitner, a Senior Associate at Jenner & Block, as Chair. TheWellness Committee will work to provide resources and information to CBA members and the Chicago legal community at large by offering programming for attorneys that explores the multiple dimensions of well-being and offers practical ways for lawyers to reduce stress and thrive in their professional and personal lives. Beitner says he was motivated to help start the committee based upon his work with the Illinois Lawyers As- sistance Program (LAP) and recent attorney well-being studies and initiatives. “Three years ago I started volunteeringwith LAP and developed a better appreciation for howwide-spread stress, anxiety, and problemdrinkingwere in our profession,”said Beitner. “A recent study by the ABA andHazelden Betty Ford Foundation further illustrated how commonplace these issues are,”added Beitner, who said the movement to promote wellness at individual law firms and across the legal community is becoming a“growing trend.” Beitner also serves as Chair of the CBA’s Mindfulness Committee, whichwas formed two years ago to help lawyers learn more about and engage in meditation and mindfulness to help cope with stress and work-life pressures. Members are currently being recruited for theWellness Committee, which will begin meeting in the fall. Beit- ner said the committee will also work very hard to de-stigmatize the issues surrounding substance abuse and mental health issues among lawyers and encourage all attorneys to take a proactive approach to maintaining their overall well-being. In addition to committee meetings, Beitner said he hopes to schedule larger workshops to bring different seg- ments of the legal community together to address their specific needs and concerns such as law students, law firm associates, and solo practitioners. Join at www.chicagobar.org/committees.
I fully recognize that we are a profession of advocates, and that we have a responsi- bility to zealously represent our clients at all times. However, I truly believe that we can be zealous advocates without being The Chicago Bar Association CLE in Jerusalem, Israel April 1-4, 2019 Pre-conference excursion to Amsterdam, Netherlands March 30-April 1 Post-conference optional travel to Tel Aviv, Israel April 5-7
To receive an agenda and travel information in the Fall, send an email to Tamra Drees at firstname.lastname@example.org.
CBA RECORD 9
cantankerous, undignified, and uncivil. Matthew Arnold, one of England’s great- est poets, said “The power of conduct, the power of intellect and knowledge, the power of beauty, the power of social life and manners these are the means towards our end, which is civilization.” In addition to our longstanding and general programs and CLE courses on this topic, I am proud to announce that we will be offering two substantive programs that will focus directly on civility in the legal profession: this Fall, the CBA will partner with the Illinois Supreme Court Commission on Professionalism to offer a professional responsibility training course on civility; and this Spring, the CBA will partner with the American Board of Trial Advocates to present a program on civility and professionalism for lawyers. Be on the lookout for materials and information on both programs. I urge you to join me this year as the CBA makes civility the cornerstone of Chicago’s legal profession.
The issue of Civility is further highlighted by a specially concurring opinion by Illinois Supreme Court Justices Charles Freeman and Anne M. Burke in Maksym v. The Board of Election Commissioners (2011). Most will recall this case as disposing of the issue of whether then mayoral candidate Rahm Emanuel satisfied the residency requirement that qualified him to serve as mayor of Chicago. However, while the Court agreed that candidate Emanuel was indeed a resident, the majority and concurring opinions offer a fascinating read on the issue of civility. In the concurrence Justices Freeman and Burke noted the majority’s“tone”as“unfortunate.”They went on, “Spirited debate plays an essential role in legal discourse. But the majority opinion here and the appellate dissent cross the line. Inflammatory accusations serve only to damage the integrity of the judiciary and lessen the trust which the public places in judicial opinions.” Justices Freeman and Burke also offered a timeless quote about civility from retired Illinois Supreme Court Justice Ben Miller:“Judges often disagree about what result the law requires in a particular case. The existence of these disagreements, and the ability of our legal system to thrive on them, are virtues of the judicial process and of our system of government. The terms of the debate, however, must be framed by civility and respect, and not by suspicion and untruths. When rancor eclipses reason, the quality of the debate is diminished, the bonds of collegiality are strained, and the judicial process is demeaned. We cannot prescribe civility to members of the bar when our own opinions are disfigured by comments as offensive as those we have admonished lawyers for making. We should receive no less from our colleagues than we expect from lawyers who appear in our courts.”
Constitutional Rights Foundation Chicago (CRFC) Invites you to a
The Edward J. Lewis II Lawyers in the Classroom Program Recruitment Information Session Wednesday, October 3, 2018, 4pm-5pm Hosted by Holland & Knight 131 S. Dearborn, Chicago, IL 60603
CRFC matches teams of volunteer attorneys with 2nd -8 th grade school children; providing students with content-rich, interactive lessons to better understand the U.S. Constitution, legal system, and rule of law. Join CBA President and CRFC Board member Steve Elrod and CRFC’s Education Director Tiffani Watson to learn more about a volunteer experience that makes a difference in the lives of children. R.S.V.P. to email@example.com or call Tiffani Watson at 312.663.9057 x205
10 SEPTEMBER 2018
NOT JUST YOUR GO-TO NURSING HOME LAWYERS
This summer, we set the record for a jury verdict under the Illinois Nursing Home Care Act when we achieved a $4.1 million result for our client, surpassing the previous record set by our firm in 2006 of $2.9 million. Although we are proud of these results and our reputation in handling nursing home cases, our results in other serious injury, accident, and medical malpractice matters should not be overlooked. We routinely obtain substantial results in medical malpractice matters and other personal injury matters. Recently we achieved a $9 million-dollar medical malpractice birth injury settlement. We have also set the Illinois record for the largest Jones Act settlement of $7.5 million for an injured boat worker.
OTHER NOTABLE RESULTS:
• $17.7 Million Medical Malpractice/Brain Injury Settlement • $14 Million Medical Malpractice Lung Cancer Verdict • $10 Million Pedestrian Accident Verdict • $7.6 Million Medical Malpractice Postpartum Bleed Settlement • $6.5 Million Record Kane County Wrongful Death/Trucking Accident • $6.5 Million Birth Injury Settlement
TOP-TIER LAWYERS TO BE RECOGNIZEDWITH CBA'S JUSTICE JOHN PAUL STEVENS AWARDS ON SEPTEMBER 27 Honoring the Best of the Best
By Sally Daly Public Affairs Director T he Chicago Bar Association has selected nine influential attorneys who stand out in their respective areas of practice as recipients of the associa- tion’s top legal awards, bestowed to lawyers who demonstrate the highest commitment to integrity and public service. Named in honor of the legendary retired Supreme Court Justice and native Chicagoan John Paul Stevens, the awards will be presented by the CBA and the Chicago Bar Foundation at the annual John Paul Stevens luncheon scheduled for September 27 at the Standard Club. This year’s recipients are Laurel Bel- lows, Managing Principal of Bellows and Bellows P.C.; Carol A. Brook, retired Executive Director of the Federal Defender Program; Kevin P. Durkin, Partner at Clif- ford Law Offices; John N. Gallo, CEO and Executive Director of LAF; Terri L. Mascherin, Partner at Jenner & Block; Illinois Supreme Court Justice P. Scott Neville Jr., Illinois Appellate Court Justice Jesse G. Reyes; Illinois Appellate Court Jus- tice Mary K. Rochford, and Tina Tchen, Partner at Buckley Sander. The awards recognize lawyers and judges who best exemplify Justice Stevens’ com- mitment to integrity and public service in the practice of law. Stevens, now 98 years old, retired from the High Court in 2010 after 35 years of distinguished service. “The CBA is very proud to join with the Bar Foundation in honoring this distin- guished and diverse group of attorneys and jurists,” said CBA President StevenM. Elrod.
“They have made a lasting mark in their respective careers and have brought tremen- dous strength, honor, respect and distinc- tion to the Chicago legal community. Like Justice Stevens, each of these individuals
has a steadfast commitment to the rule of law. They are among the finest in the legal profession in Chicago and we are pleased to honor them for their service to our Bar Association and our community.”
12 SEPTEMBER 2018
Committees The Chicago Bar Association and Young Lawyers Section
No extra fees to join to committees – included with your CBA membership!
Be in the Room Where it Happens
No other legal profession puts you in touch with so many attorneys and judges who live and practice in the Chicago area. Whether you are looking for a new position, a new client or expert advice in a specific legal area, you’ll find it through the CBA committee network. Join one of 130 legal specific committees today - no extra fee required.
CBA Practice Committees Administrative Law Adoption Law Alternative Dispute Resolution Animal Law Antitrust Law Asset Protection Aviation Law Bankruptcy & Reorganization Business Law Business Divorce and Complex Ownership Civil Practice Civil Rights & Constitutional Law Class Action Commercial Finance & Transactions Commercial Litigation Consumer Credit Consumer Law Criminal Law Cyber Law & Data Privacy Domestic Relations Elder Law
Election Law Employee Benefits Energy, Telecommunications & Water Environmental Law Federal Civil Practice Federal Taxation First Municipal District Financial and Emerging Technology Financial Institutions Financial & Investment Services Food Law Futures & Derivatives Law Gaming Law Health Law Human Trafficking Immigration & Nationality Law Insurance Law Intellectual Property Law International & Foreign Law Juvenile Law Labor & Employment Law LGBT Local Government
Media & Entertainment Mental Health & Disability Law Probate Practice Professional Responsibility Real Estate Taxation Real Property Law Regulatory & Compliance Securities Law Social Security Law Sports Law State & Local Tax Tort Litigation Trade & Professional Associations Law
Corporate Practice Creative Arts Criminal Law Education Law Environmental Law Estate Planning Family Law Future of the Profession Health & Hospital Law In-House Counsel Insurance Coverage Intellectual Property Law International Corporate & Trade Law Labor & Employment Law
Traffic Laws Trial Practice Trust Law Workers’ Compensation
LEAD: Large Firm Associates Legal & Regulatory Compliance Professional Responsibility Real Estate Law Tort Litigation Women in the Law
Young Lawyers Section Bankruptcy Career Assistance CBA Moot Court Competition Civil Rights
And many more! See complete list online.
Sponsorship Join today at www.chicagobar.org/committees.
CBA MAKES RECOMMENDATIONS TO SPRINGFIELD ON TRUST LAW, ADOPTIONS, PROPERTY TAX, AND MENTAL HEALTH Highlights of the 2018 Legislative Year
ents, as to the biological relatives of the child placed with them. Status: Public Act 100-0639 Drafted by: Adoption Law Committee HB 4886 (Fine) Access to Mental Health Info The proposed legislation makes Illinois and the Mental Health and Developmental Disabilities Confidentiality Act, 740 ILCS 110/1 et seq., consistent with HIPAA after the 21st Century Cures Act allowed access of mental health information to family members who are involved in the care of a person with a mental illness. Status: House Rule/Re-referred to Rules Committee Drafted by: Mental Health Planning Com- mittee Amends 35 ILCS 200/21-305(a) (2)–This proposal amends the PropertyTax Code by adding language to a portion of the indem- nity fund statute. The added language will make it clear that the valuation of real property to be used in an indemnity fund proceeding is as of the date that a tax deed issued. Currently, that language is present in section (a) (1) but not (a) (2). Status: House Re-referred to Rules Committee Drafted by : Real Estate Taxation Com- mittee SB 3139 (J. Collins) Plain Language Task Force Amends 20 ILCS 4090–Instructs the legis- lative branch, and advises the executive and judicial branches of Illinois government, to do the following: (1) write in plain lan- guage when drafting legislation, executive orders, and other public facing documents; (2) engage the already existing, statutorily created Plain Language Task Force to implement, monitor, and maintain this legislation, including training requirements HB 4845 (Martwick) Property Tax– Indemnity
By Loretta Wells CBA Governmental Affairs Director S ix bills were drafted by CBA sub- stantive law committees, reviewed by the Legislative Committee, and approved by the Board of Managers to be included in the CBA’s 2018 Legislative Program 100th General Assembly (GA). Also, in the 2018 Session (100th GA), the Legislative Committee, chaired by Ben Orzeske, reviewed more than 100 pieces of non-sponsored legislation and recom- mended positions on 50-plus bills that were adopted by the Board of Managers. HB 2526 (A. Williams) Illinois Trust Code Illinois Trust Code Repeals much of the current Trust Act and replaces it with a more comprehen- sive statute based on the structure of the UniformTrust Code, modified to conform to Illinois law and practice. Codifies and organizes various aspects of the common law of trusts for ease of reference and interstate consistency. Status: House Re-referred to Rules Committee Drafted by: Trust Law Committee HB 4796 (Feigenholtz) Order Protection– Adoption/Foster Amends 750 ILCS 60/201–This proposed legislation expands the protections afforded by the Illinois Domestic Violence Act to foster parents, adoptive parents, legally appointed guardians, legally appointed custodians and prospective adoptive par- For a full text copy of the bills, go to the Il- linois General Assembly website: www.ilga. gov or contact the Government Affairs Office 312/554-2060.
Mentors Needed for Law Student Mentoring Program The YLS is launching a “Building Your Network” pilot mentoring program with students from DePaul University College of Law. Young law- yer mentors with between 1 and 10 years are needed to mentor 2L and 3L students. The aim is to expose law students to valuable learning opportunities and to build their network within the legal community. The program itinerary is casual; pairings are encouraged to meet 2-4 times and to attend two program events at the CBA. The program will kick-off with a brief orientation on September 20 at 4:30 pm at The Chicago Bar Association Building, 321 S. Plymouth Court, prior to theYLS Meet the Com- mittees Night. Mentoring pairs are encouraged to attendMeet the Committees Night following the orientation. To participate as a mentor, please complete this form. MCLE credit is not available for this program. Contact Jennifer Byrne at firstname.lastname@example.org questions. and other assistance; and (3) update the Illinois Plain Language Task Force Act to make reference to more recent efforts and guidance related to plain language. Status: Sent to the Governor Drafted by: Legal Aid Committee
SB 3295 (Hastings) Pleading Verify Certification
Amends 735 ILCS 5/1-109) (from Ch. 110, par. 1-109)–Defines an affidavit as legally sufficient if signed under a 1-109 certification rather than requiring notariza-
tion for court documents only. Status: Sent to the Governor
14 SEPTEMBER 2018
Foradditionalinformationregarding legislative liaison appointments or on the program, contact Loretta Wells, CBA Governmental Affairs Director, at 312/554-2060. Drafted by: Legal Aid Committee If you have a keen interest in your bar association’s evaluation of pending bills and its efforts, through the work of the CBA committees, to improve how Illinois’ statutes impact the legal community and the public, consider attending a meeting of the Legislative Committee and seeking appointment to serve on that Committee. The Illinois General Assembly Veto Session is November 13-15 and 27-29. A CBA/YLS Committee Legislative LiaisonWork- shopwill be held on October 29, 2018 at the CBA Building. All Legislative Liaisons are encouraged to attend. If youhave not done so, please appoint a legislative liaison now.
Important Dues Billing Reminders
–Annual Dues. In our ongoing effort to reduce administrative expenses and keep dues at the current level, the CBA has an annual billing cycle.
–Dues Auto Pay. Spread your dues payments throughout the year by signing up for the Dues Auto Pay Plan which allows you to pay your dues automatically on a monthly, quar- terly, semi-annual or annual basis at no extra cost via automatic credit/debit card charges.
–Reduced Dues for Financial Hardships. Unemployed members and those with financial hardships may request our reduced annual dues rate of $50.
–eStatement. Receive your CBA bills by email only and save time, postage and the envi- ronment.
–Billing Statement. The CBA’s statement allows you to choose any or all of the above options and add in your own level of contributions to the Bar Foundation/ Legal Aid Fund and the CBA Building Fund. If you have any questions regarding your dues statement, email email@example.com or call 312/554-2020. CBA membership is an important investment in your professional and personal growth. We encourage you to renew, thank you for your support and look forward to serving you in the new bar year.
7he Chicago Bar Association /awyer 5eferral 6ervice We Are Your Referral Network.
/et our network of 200 + highly qualified attorneys serve as YOUR referral network. We’ve already done the difficult and time consuming screening for you 2ur attorneys f +ave an average of years experience f Are thoroughly screened for relevant practice area experience and malpractice insurance f 3ractice in over )257< areas of the law and f 6peak a variety of languages, including 6panish.
Experience. Commitment. A public service since 1940.
Referrals made 24/7 at: www.chicagobar.org/LRS -or- 312-554-2001 (M-F)
6e +aEla (spaÐol.
CBA RECORD 15
2018 Flash Fiction Creative Writing Contest Open Call to CBA Members–Submit your Flash Fiction Today! The Editorial Board of the CBA Record and the CBA CreativeWriting Com- mittee invite and encourage CBA members to participate in a Flash Fiction CreativeWriting Contest. Do you have a story waiting to be told? A poem to share? Or just tired of footnotes and citations? If so, this is the contest for you! Who? CBAMembers (excluding CBA Board and Officers, CBA staff and Editorial Board members) What? Flash Fiction (1200 words or less) writing contest for CBA Members, coinciding with the Write Across Chicago initiative. Topics do not need to be related to the legal field.Worksmust be previously unpublished. The CBA retains copyright to materials published in the CBA Record. When? Submit your story and by-line by October 5 Where? David Beam, Director of Publications firstname.lastname@example.org Why? Fabulous prizes! Publication in the CBA Record! The winner of the first prize will have their work published in the CBA Record and receive tickets to the CBA’s 95th Annual Bar Show (aka “Christmas Spirits”):“Big Little Laws–AWhodunnit,”November 29-December 2. Second and third prize winners will have their work published in the CBA Record. Publication dates at the discretion of the Editorial Board. Submissions will be judged by members of the CBA Editorial Board; a “celebrity”judge (TBD), will assist in judging the final round.Writers are asked to adhere to the CBAWriters’Guidelines, available on the CBA website at www.chicagobar.org. The CBA will make the final decision regarding suitability for publication of any piece submitted. For any further questions, please contact the CBA Record at dbeam@ chicagobar.org How?
10% Lifetime Discount with MyCase
Discounted Parking Available Near CBA Building CBA members can park for just $12 at the 75W. Harrison parking garage (enter off Harrison, between Clark and Federal Streets) Monday through Friday for up to 12 hours (enter anytime but must be out by midnight). Just a 6 minute walk from the CBA Building, 321 S. Plymouth Ct., Chicago. The garage is fully heated with covered parking and valet service. To receive the discounted rate, enter at 75.WHarrison and push the button at the entry station.Youwill receive 3 tickets (one to validate at the CBA for discounted rate, two for the valet attendants). Be sure to take your parking ticket with you for validation in the CBA Building lobby. Ticket must be validated at the CBA to receive the discounted rate! Upon returning to the garage, hand your valet ticket to the attendant to retrieve your vehicle then insert your validated parking ticket into the pay station. Pay with cash or any major credit card. The pay station will return your paid ticket to you. Once the attendant retrieves your vehicle, insert your paid ticket into the exit station to lift the gate and exit. Monthly parking also available for $250 per month including 24/7 access with in and out privileges. For more info, visit www.75wharrison.com/cbaparking or call 312/494-9135 Write for the CBA Record The CBA Record, a multifaceted journal published seven times a year for members of the Chicago Bar Association, seeks your input. Issues include fea- ture articles, commentary on legal developments and recent decisions, how-to articles, opinion pieces, discussions of ethical issues, and activities of interest to our members. MyCase is the premier all-in-one web-based legal practice management software that offers features that seamlessly cover all the daily functions that a modern solo and small lawfirm require.With this web-based software, lawyers can work from anywhere at any time significantly increasing productivity. MyCase is priced at $39/month, but Chicago Bar Association members receive a 10% lifetime discount. Go to www.chicagobar.org/save or call 800-571-8062 to learn more and get a free trial.
Having Trouble Logging In?
To access the members only section on our website, enter your CBA mem-
ber number as your account number (do not enter any leading 0’s in your
member number) and then enter your member number followed by your
last name (all lower case with no punctuation or spaces) as your password.
Forgot your member number? Call 312/554-2135.
To obtain a copy of our Writer’s Guidelines, go to www.chicagobar.org.
16 SEPTEMBER 2018
The Chicago Bar Association Your City. Your Hometown Bar Association. It’s Where You Belong.
CBA Membership Moves Your Career Forward!
Connect with Chicago’s Legal Community at CBA and Young Lawyers Section Business Development and Social Events
Free Career Help including Counseling, Networking, Job Openings and Resume-Building Events
Free Online Document Library and Work/Life Balance Resources
Give Back and Develop New Skills with CBA Pro Bono and Volunteer Opportunities
Individual and Small Group Mentoring Programs for Members
Meet Movers and Shakers through the CBA Leadership Institute
Develop Your Leadership Skills through the Young Lawyers Section
Boost Your Trial Skills and Legal Knowledge at Free Committee Meetings (Live Webcast / Free IL MCLE Credit)
On Demand Video including Legal Tech, Practice Skills, Client Development, Judicial Tips and More
Get information on services, member savings, events/seminars, or renew/join at www.chicagobar.org.
SIGNATURE SERIES EXAMINES HISTORY OF PROPOGANDA AS NEWS What's Fake, What's Real
By Bonnie McGrath Editorial Board Member
how to vote. Reliable information is what everyone should be seeking,” she said. The challenge is figuring out what’s reli- able, knowing what information you are consuming and from whom. She pointed out, for example, that a consistent news diet of either MSNBC and Fox News on cable (or even a balanced diet of same) may not be healthy. Both may have their facts “right” but the “news” is then skewed in favor of an ideology that can throw news consumers off track. Schultz, who spent years as a reporter at various news outlets and in other media jobs, maintained—to the surprise of her audience—that social media by its nature contains a balance of news that is more than likely not only balanced, but healthy. Pointing out the fact that young people get a lot of their news from YouTube, Schultz showed the audience an interest- ing action-packed video that looked totally real—until she showed us another video that showed how the first one was manipu- lated to the hilt. A consumer of news needs tools to verify and determine what they’re hearing, seeing and watching, and Schultz offered some helpful tips of what to look for when con- suming news: independent sources, mul- tiple sources, authorized sources, named
“There’s always been fake news,” said Susy Schultz at a recent Signature Series pro- gram at the CBA. She backed that up by citing familiar supermarket tabloids that have been around for generations. Schultz is President of Public Narrative, a Chicago not-for-profit with the mis- sion to shore up the country’s democratic underpinnings by teaching both journalists and non-profits how to tell better stories. Everyone knew what she meant. (The kind of paper that would have a story about Hillary Clinton running a child sex ring out of a pizza parlor in Washington, DC, right?) Yet it was an eye-opening concept: the idea that fake news has always been out there. And we all accepted it for what it was. And before the tabloids, Schultz said, there were pamphlets full of fake news during Colonial times. Thomas Jefferson himself “loathed the charlatans who put them out,” said Schultz, “but he also knew that our liberty depended on it.” Fake news: a necessary evil? News is the basis of our democracy, Schultz maintained. “The port of entry for citizens to get reliable information, helping citizens decide what to do and what to think and
CBA Market Insider CBA Market Insider e-Newsletter highlights the latest Chicago Bar Association marketing and sponsorship offerings, along with the recent successes of the businesses and law firms that support our legal community. sources, and verification of evidence from sources. And regarding an opinion piece, she advised that it makes a difference whether the writer is a recognized expert, a com- mentator, or a journalist. Readers should ask themselves each time if the person offering the opinion has “earned the right to generalize.” Schultz encouraged the audience to maintain a threshold level of skepticism when consuming news, no matter what one sees or hears. She recalled a recent story that started out as “breaking news” and kept being called “breaking news”—for a full eight hours. Get your copy at http://eepurl.com/dga-5f
UPS is not just in the shipping business, we are in the pushing-what’s-possible business, the problem-solving business.We strive to efficiently manage the world of business as the market continues to change by offering a broad range of solutions including the transportation of packages and freight; the facilitation of international trade, and the deployment of advanced technology. We’re creating a network of opportunities: UPS Access Point locations, neighborhood stores designed to make online shopping easier and delivery more convenient. From shipping and receiving your packages to integrating our locations into your business, we can help make your life easier. UPS also partners with local organizations in order to support small businesses. We offer discounts of up to 49% to the members of CBA (www.savewithups.com/cba) or call 630-628-4159 Save on UPS with The Chicago Bar Association
18 SEPTEMBER 2018
CBA CAREER CENTER
Your destination for exciting legal job opportunities and the best resource for qualified candidates within the legal industry.
• EMAIL your job directly to job seeking legal professionals • PLACE your job in front of our highly qualified members • SEARCH our resume database of qualified candidates • MANAGE jobs and applicant activity right on our site • LIMIT applicants only to those who are qualified • FILL your jobs more quickly with great talent
• POST multiple resumes and cover letters or choose an anonymous career profile that leads employers to you • SEARCH and apply to hundreds of fresh jobs on the spot with robust filters • SET UP efficient job alerts to deliver the latest jobs right to your inbox • ASK the experts about your career issues
CLE & MEMBER NEWS Earn Free MCLE Credit Through Committee Participation
The CBA is your local spot for MCLE
M embers who are not currently serving on committees are invited to get active this year. A complete description of all CBA and YLS committees, along with their meeting dates and new leadership information is available at www.chicagobar.org under the Committees Tab. A committee sign- up form is also located there or can be obtained by calling 312/554-2134. Most CBA andYLS noon hour commit- teemeetings qualify for free Illinois MCLE credit. The amount of credit depends on the length of the presentation (average credit is .75 hours). And many committee meetings arewebcast live so you can earn free credit without leaving your office or home (only livewebcasts count for credit, not archived meetings). Finally, all of our committeemeetings are free, thus this is a great way to earnMCLE credits at no cost!
Confirmation of committee assignments and 2018-19 meeting date schedules were emailed to all committee members in mid-August. Most committees begin meeting again this month. Questions? Call or email Awilda Reyes at 312/554-2134, areyes@chicagobar. org. Members listed on committee ros- ters will receive direct emails regarding committeemeetings, speakers, handout materials, legislation, etc. However, you do not have to be listed on the commit- tee roster to attend its meetings. Any member may attend any committee meeting. Check theweeklyCBAeBulletin which is emailed to all members every Thursday or visit www.chicagobar.org/ committees for a current list of meeting topics, speakers, MCLE credit and Web- cast availability. As a reminder, you can receive free MCLE credit by attending committee meetings that qualify. Most practice area committee meetings do qualify and offer about one hour of credit. You may attend in person or can view select committee presentations via webcast at www.chica- gobar.org. To joina committee, call 312/554-2134 or sign-up at www.chicagobar.org. New members are always welcome. You and your firm will benefit from the knowl- edge, experience and business contacts you will gain.
Register for a Seminar Today 312/554-2056 www.chicagobar.org
Is This Your Last Issue? In accordance with the Association’s By-Laws, cancellation notices were sent to all members who failed to submit payments by August 31. If you received a cancellation notice, we want you back! Please take a moment to renew now. Here’s just a sample of what you will miss if you do not renew: free CLE seminars–enough to fulfill your MCLE requirements, live andwebcast options; free IL MCLE credit through noon hour committee meetings- attend live or via webcast; and free onlineMCLE credit tracker. Unlimited CLE of your choice is now only $150 throughMay 2019. New lawpractice management and technology soft- ware training, web resources and low cost office consulting, free practice area email updates, networking and business development opportuni- ties, free solo/small firm resource portal; career resources; member dis- counts and more. Your membership helps strengthen the CBA’s efforts to improve the administration of justice in Illinois and provide legal services to the disadvantaged. Renew by mail, online at www. chicagobar.orgor by phone 312/554- 2020. For more information regard- ing dues and other Association charges, call 312/554-2020. To the many members who have already renewed: Thank You! We look forward to serving you in the coming bar year.
I t’s that time of year again. . .all CBA and YLS committees will begin meeting in September. Enclosed in this issue of The CBA Record is a booklet listing our new committee chairs and vice-chairs, along with standard meeting dates. Weekly committee speakers, topics and MCLE credit availability will be sent to all members via the weekly CBA Ebulletin which is emailed every Thursday. Members may attend any meeting that interests them (ie you do not have to be on the committee roster to attend the meeting). New Chair/Vice-Chair Directory Included in this Issue
Dues Assistance Available R educed dues are available for unemployed members and those with financial hardships. Call 312/554-2131 or see the dues hardship application format www.chicagobar.org. For dues installment plan, call 312/554-2020.
If you do not wish to renew for this mem- bership period, please call 312/554-2135 or email email@example.com to resign your membership and avoid reinstate- ment fees in the future.
20 SEPTEMBER 2018
The Chicago Bar Association
Law Practice Management & Technology Discounts: BlueTie Securely find and retrieve client information anytime, anywhere. Members get a 10% discount. www.bluetie.com/technology- innovation/bluetie-vault-for-law-firms or 800-BLUETIE Casetext Get unlimited access to Casetext powered by CARA A.I., for easy- to-use, fast and relevant legal research. Members save 30% off an annual subscription. https://casetext.com/chicagobar Es൯Sites ESQSites offers simple to use website platforms and hosting. Members get up 25% discount on setup fees with code “CBA.” 877 SITES 123 or www.esqsites123.com ൨urent Track your time, create invoices, manage trust accounts, and get paid. Starts at $26/user per month. Members get 10% off first year and a free trial. https://www.kurent.com/chicagobar LegalResearch.com Research, case-specific analysis and accurate writing solutions. Members save 15% on on-demand legal research and writing services. www.legalresearch.com/CBA or 844-638-6733 MyCase A web-based legal practice management software that covers all the daily functions of the modern law office. Members get a 10% lifetime discount. http://bit.ly/ChicagoBarAssoc or 800-571-8062 One Legal The Illinois-certified eFiling service provider for professional filers. Members save 10% on eFiling, eService, court research and document retrieval, and 15% on full-service eFiling by email. onelegal.com/chicagobar PracticePanther Case management software that helps attorneys easily manage their time, expenses, client communications, billing, matters, and more. Members get a special 10% first year discount. www.practicepanther.com/chicago-bar or 800-856-8729 Rocket Matter A total legal practice management cloud-based platform. Members get a 15% lifetime discount on a month-to-month subscription. www.rocketmatter.com/chicagobar or 877-785-8981 Ruby Receptionist Creating real, meaningful connections with your English and Spanish-speaking callers. Members receive exclusive pricing. www.callruby.com/chicagobar or 866-611-7829 Smokeball Smokeball empowers the small law firm to manage its emails and documents in the cloud. Members get 50% off the onboarding fee. www.smokeball.com/chicago-bar-association or 855-668-3206
Savings and more!
Amata Law Office SuitesൠReception Services 877-262-8204 • http://amatavirtualservice.com/ Use promo code CBA01 to get exclusive pricing on professional answering services. Avis Car Rentals 800-698-5685 • www.avis.com/chicagobar Use the Avis Worldwide Discount (AWD) # A851600 every time you rent to receive up to 25% off. Budget Car Rentals 800-455-2848 • www.budget.com/chicagobar Use your Budget Corporate Discount (BCD) # T720200 every time you rent to save up to 20%. Credible Student Loan Refinancing 866-540-6005 • www.credible.com/partners/Chicagoar Fill out one form to receive personalized offers from multiple lend- ers, and compare them side-by-side on your dashboard. Fretzin Inc. 312-981-0119 • https://fretzin.com/lawyer-coaching-services Save 10% on marketing and business development programs for attorneys.
Get valuable member benefit discounts and legal resources to help you excel including solo/small firm member pricing.
Magazine Subscriptions - Lowest Prices Guaranteed 800-289-6247 • www.buymags.com/chbar Get low professional rates on magazine subscriptions. National Purchasing Partners 800-810-3909 • mynpp.com/association/chicago-bar-association Discounts for your firm and its employees on Expedia, BestBuy, Office Depot, DocuSign, Verizon (if eligible) and more.
൫nited Parcel Service 630-628-4159 • www.savewithups.com/cba Save up to 49% on shipping with preferred rates.