CBA Record February_March 2016
FEBRUARY/MARCH 2016 CBA
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February/March2016 • Volume 30, Number 2
6 President’s Page
Educational Equality and the Futur e
SPECIAL YLS ISSUE: THE COMPLETE LAWYER 30 Summer Internships: Eight Tips for Law Students By Paul Geske 34 Insurer’s Refusal to Defend: Seventh Circuit Confirms Stringent Penalties By David Wentzel and Mike Kozlowski 36 Mom-At-Law By Danya Sjakfeh 40 Improve Your Fitness, Improve Your Life By Jonathan Mraunac 44 What We Learned at Family Detention By Renae Yoo and Tess Feldman 46 Pro Files: J. Timothy Eaton By Trisha Rich and Jonathan Amarilio
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. Copyright2016bytheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated. 10 CBANews 20 Chicago Bar Foundation Report 22 Murphy’s Law 48 Legal Ethics By John Levin 49 Ethics Extra By Michael Reed 50 LPMT Bits & Bytes By Catherine Sanders Reach 52 Summary Judgments John Levin reviews The Relevant Lawyer, Edited by Paul A. Haskins
On the Cover Cover Art Courtesy of ThinkStock.
8Tipsfor LawStudents WhatWeLearned inFamilyDetention THE COMPLETE LAWYER Special YLS Theme Issue ImproveYourFitness, ImproveYourLife
PRESIDENT’S PAGE BY PATRICIA BROWN HOLMES Educational Equality and the Future
EDITORIAL BOARD Editor-in-Chief Amy Cook Amy Cook Consulting CBA RECORD Features Editor Justin Heather The Quinlan Law Firm, LLC Summary Judgments Editor Pamela S. Menaker Clifford Law Of À ces YLS Journal Editors-in-Chief Jonathan B. Amarilio Taft Stettinius & Hollister LLP Geoff Burkhart American Bar Association Carolyn D. Amadon Shannon R. Burke American Bar Association Anne Ellis Proactive Worldwide, Inc. Clifford Gately Heyl Royster Angela Harkless The Harkless Law Firm Jasmine Villaflor Hernandez Cook County State’s Attorney’s Of À ce Michele M. Jochner Schiller DuCanto & Fleck LLP Stacey R. Laskin Illinois Attorney General’s Of À ce John Levin Bonnie McGrath Law Of À ce of Bonnie McGrath Clare McMahon Law Of À ce of Clare McMahon Peter V. Mierzwa Law Bulletin Publishing Company Kathleen Dillon Narko Northwestern University School of Law
A. Mills, and to President Lyndon Baines Johnson (posthumously) for his leadership and courage in the passage of both the Civil Rights and Voting Rights Acts. President Johnson’s daughter, Lynda Johnson Robb, accepted the award on behalf of her father –and how proud we are that the CBA’s award is now permanently housed in the Presidential Library in Austin. The quest for equality goes on and this year I wanted to build on that success through a program that spotlights today’s civil rights issues. Millennials have put a sharp focus on equality and have identified emerging civil rights issues that include: educational equality, health care equal- ity, immigration equality and workplace equality. These are the dominant equality issues for Millennials and in truth they are critically important for all Americans. How we address these issues will define and determine their future and the future of our cities, states and nation. The Educational Equality Planning Committee began its work last July and I am pleased to announce that the Associa- tion in conjunction with the University of Illinois at Chicago and WYCC/Chan- nel 20 (PBS) TV will hold a Town Hall Meeting on this important issue that will be taped before a studio audience on Thursday, May 5. CBA Secretary Jesse Ruiz, who formerly served as Director of the State of Illinois’ Department of Edu- cation and as Vice-Chair of the Chicago Board of Education, serves on the planning committee and enlisted the support of Dr. Steve Tozer, Director of the Center for Urban Education Leadership, University of Illinois Chicago, and Robin Steans of the Steans Foundation and founding Executive
J ust before becoming president, my predecessor, Dan Cotter, hosted a magnificent celebration of the 50th Anniversary of the Civil Rights and Voting Rights Acts. Dan, U.S. District Court Judge Sharon Johnson Coleman and Brenda Russell planned a variety of special programs that included aWYCC/Channel 20 (PBS)TV special entitled: “Bridging the Divide” featuring Juanita Abernathy and Dr. Otis Moss, Jr. The one-hour WYCC TV special was hosted by former NBC news reporter Renee Ferguson and fea- tured a live audience of students from Leo High School, City Colleges, andThe John Marshall Law School. The legendary Dr. Otis Moss, Jr. was our keynote speaker at the gala dinner, which featured brief video clips of civil rights leaders and people who were active in the movement, e.g. religious leaders, business leaders, members of Con- gress, educators, judges and lawyers. The Chicago Children’s Choir also performed at the dinner after which we presented “Keeper of the Flame–Awards of Cour- age” to Abernathy, Moss, Judge Martha
Adam J. Sheppard Sheppard Law Firm, PC
Rosemary Simota Thompson U.S. Department of Justice
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THE CHICAGO BAR ASSOCIATION David Beam Director of Publications Joe Tarin Advertising Account Representative
6 FEBRUARY/MARCH 2016
of all 50 states in public education funding. You might ask–why is this issue relevant to lawyers? As lawyers, we have a profes- sional obligation and social responsibility to ensure that inequalities, whether they are in education, health care, immigration, or in the workplace, are justly addressed and eradicated. All of us who earn our living in Chicago rely on an educated and compe- tent workforce. Education underpins every aspect of our democratic society and is the keystone that unleashes human potential for the betterment of this and successive generations. An educated workforce cre- ates opportunity, stimulates research, fuels business development, enhances economic growth, improves personal and family lifestyles, enlivens communities, and per- petuates adaptive and successful models of public education that prepare students to function in our advanced society. The socio-economic impact of educa- tional inequality is significant and frighten- ing. For example, National Assessments of Adult Literacy, which include young adults 16 years and older, show that about 21-23%
Director of Advance Illinois. Their help in planning the Town Hall Meeting on educational equality has been invaluable. The Town Hall will feature several of our nation’s leading experts on Educational Equality including: Dr. Charles Payne, University of Chicago; Linda Darling Hammond, Stanford University; and Jerry Weast, Former Superintendent of Mont- gomery County Public School. We have also invited Dr. Pedro Noguera, Executive Director of the Metropolitan Center for Research on Equity and the Transforma- tion of Schools at New York University. Dr. Tozer will moderate this panel of nation- ally renowned educational all-stars, which will feature video interviews with Chicago Public Schools’ Chief Education Officer, Janis Jackson, and several Chicago school principals. It is interesting to note that our problems and challenges with public education in Chicago and throughout the state are shared by virtually every city and state in the country. Educational Equality is particularly rel- evant as our state ranks at the very bottom
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(40-44 million) adults living in the U.S. are “functionally illiterate” and do not have adequate reading skills required for daily life. People in this group cannot understand instructions on a medicine container; read a newspaper article; or fill out an application for work, etc. Another 25-28% of the U.S. (about 50 million adults) has “low literacy” skills. About 93 million U.S. adults are in the “functionally illiterate” and/or “margin- ally illiterate” levels. Seventy percent of Americans deemed “functionally illiterate” cannot find employment and over 60% of low literacy adults have difficulty applying information from a text to a required task. More than 20% of the U.S. population reads at or below the fifth grade level and the median pay for people in this group is estimated at $240 per week. More than 70% of America’s prison population is in the two lowest literacy levels. Assessing the impact that low literacy has on business, 90% of America’s Fortune 1000 companies have said that low literacy hurts their productiv- ity and profitability. Ironically, most people who fall in the low literacy category are born in the U.S. with English being their primary language. Education is the wellspring that ensures opportunity for this and future generations
The Chicago Bar Association www.chicagobar.org OFFICERS President Patricia Brown Holmes Riley Safer Holmes & Cancila LLP First Vice President Daniel M. Kotin Tomasik Kotin Kasserman, LLC Second Vice President Hon. Thomas R. Mulroy Circuit Court of Cook County Secretary Jesse H. Ruiz Drinker Biddle & Reath LLP Treasurer Steven M. Elrod Holland & Knight LLP Executive Director Terrence M. Murphy Assistant Executive Director Elizabeth A. McMeen BOARD OF MANAGERS Karina Ayala-Bermejo
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of Americans. The Millennials have it right and we hope that theTown Hall on Educa- tional Equality will serve as a springboard for positive change in Illinois.
Ashly I. Boesche Thomas F. Boleky Chasity A. Boyce Hon. Maureen E. Connors Daniel A. Cotter Mary K. Curry James R. FortCamp Matthew T. Jenkins Natacha D. McClain Eileen M. O’Connor Matthew A. Passen Meredith E. Ritchie David J. Scriven-Young Hon. Amy J. St. Eve John T. Theis Nigel F. Telman Frank G. Tuzzolino Allison L. Wood
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THE ILLINOIS LEGISLATIVE PROCESS A Peek Behind the Curtain By Amy Cook CBA Record Editor-In-Chief
W ith tales of how the government works–or doesn’t–dominating the news these days, it was instructive and timely to have members of the Illinois General Assembly spend an afternoon at the CBA giving a run-down of their jobs and where the state is headed. The Legislative Committee seminar held on January 25 featured Rep. Jim Durkin R-Western Springs; Rep. Ann Williams, D-Chicago; Sen. Kwame Raoul, D-Chicago; and Sen. Matt Murphy, R-Palatine. They were joined by moderator Larry Suffredin, CBA Legislative Counsel and Cook County Board Commissioner, and Tom Suffredin, CBA Legislative Co- Counsel. Jim Durkin, who was selected Illinois House Republican Leader in 2013, said that his primary role is to get others “on board”–whether that means supporting or blocking bills. He provides guidance on other legislators’ bills, and said he believes it is important to have active lawyers in the legislature to instruct others on intended, or unintended, consequences of proposed legislation. He also spends his time work- ing to get Republican legislators re-elected and draft new candidates, which entails helping to run campaigns and raise money –lots of money. Ann Williams serves as the Vice Chair of the Civil Judiciary Committee, which she says is generally not very partisan, although some areas such as gun control and family law can be divisive. Recently,
she was instrumental in passing family law reform and updating wills and estates laws to address online accounts and digital assets. Since not every legislator can be an expert on every issue, she said that they rely on experts in the field for ideas. For legal issues, they turn to the CBA, ISBA, Attorney General’s office, ACLU, and legal services organizations to notify legislators of community needs. She recommends that those interested in legislation join that particular subject matter bar committee. She and her colleagues also rely on the legal community to give their opinion on proposed legislation. For instance, she calls on the AG legislative liaison or the State’s Attorney’s office to find out why they sup- port or oppose a bill. Kwame Raoul was appointed to fill the vacancy left by former state Senator Obama’s election to the U.S. Senate. He is most active with criminal justice reform, but also works on issues such as pensions and redistricting. Raoul said he used to assume that people would vote a certain way because it was “clearly the right thing” but then realized the “politics of self- preservation” sometimes get in the way. He said he had to learn to expect incremental change in criminal justice. His efforts helped pass a law enforcement reform package last session, effective Jan 1, 2016. It addresses issues such as body cameras, independent review boards, and standards for petition for special prosecutor. It also instituted a “rogue cop” database, updated
requirements for becoming a police officer, and established a commission on police professionalism, among other things. Matt Murphy discussed the budget. He explained how the state is able to spend $32 billion without a budget being passed. Murphy said the budget is on autopilot in many respects due to the 3 “C’s”: consent decrees, court orders, and continuing appropriations. The panelists each stressed that, although democrats and republicans see a different path to get the best results, they believe that all the legislators (well, almost all), want the best for Illinois, and noted that they usually can manage civility in their interactions. And they seemed sincere. The CBA’s Legislative Committee meets on the second and fourth Monday of each month. To learn more about the CBA’s legislative efforts, go to www.chicagobar.org.
10 FEBRUARY/MARCH 2016
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Leaders of Kenyan Anti-Poverty Movement Share Their Story at CBA Luncheon
By William A. Zolla CBA Editorial Board
I n 2007, Wesleyan University junior Jes- sica Posner traveled to Nairobi, Kenya, to spend a semester volunteering to teach theater to boys and girls in Kibera, the city’s largest and most notorious slum, which lacks paved roads, electricity, run- ning water, sewage and sanitation systems, and any meaningful programs for health care or education. Shortly after arriving in Nairobi, Jessica began working with Ken- nedy Odede, a 23-year-old community activist who had grown up amidst the violence and extreme poverty of Kibera, but persevered to found a grassroots social services organization called Shining Hope for Communities (SHOFCO), which was gaining international attention for its initiatives inside the slum. SHOFCO began in 2004 as a soccer group, which Odede started after spending his last twenty cents on a used soccer ball. Yet by the time Posner met Odede three years later, SHOFCO had expanded its work to tackle Kibera’s most pervasive and intractable social and economic problems, including gender inequality, widespread crime, domestic abuse, and rape, as well as lack of economic opportunities, clean water, health care, and education, particu- larly for women and girls. Posner immediately immersed herself in SHOFCO’s work and soon insisted on moving in with Odede in his small, one-room, home in the heart of Kibera. As they worked and lived together over the course of several months, Odede and Posner fell in love, even though she would be returning to college in the United States and he had neither the ability nor the desire to leave Kibera. Ironically, civil unrest in
CBAPresident PatriciaHolmes also interviewed Posner andOdede atWYCCChicago as part of a CBA TV program that told their story. Photo courtesy of WYCC.
Kenya following national elections in 2007 may have helped the couple stay together, as Odede became a political target and Posner worked tirelessly to help him escape the country by gaining admission and a scholarship to Wesleyan, where he gradu- ated with honors in 2012. Since then, Odede and Posner have worked together to turn SHOFCO into an international movement, and in 2009, they were instrumental in opening the Kibera School for Girls, the slum’s first free primary school for girls. In December, the CBA hosted a lun- cheon for Posner and Odede, who have chronicled their remarkable story in a new book titled, “Find Me Unafraid: Love, Loss, and Hope in an African Slum.” After opening remarks by CBA president Patricia Brown Holmes, Seventh Circuit Judge Ann Williams introduced Posner and Odede, whom she first met during a trip to Kenya and described as “two of the most extraordinary human beings I have ever met in my life.” SHOFCO now employs a staff of over 200, and serves more than 76,000 people.
It also recently opened a second school for girls inMathare, another Kenyan slum, and hopes to continue to improve educational opportunities for girls throughout Africa. Meanwhile, Odede and Posner found time in their extremely busy schedules to get married in 2012, in the back yard of Posner’s family home in Denver. They now split their time living in both Nairobi and New York City, where SHOFCO opened its American headquarters. For more information on the CBA’s events and activities, go to www. chicagobar.org.
12 FEBRUARY/MARCH 2016
MAKING THE CASE FOR CIVILITY Catching Flies with Honey
By Adam J. Sheppard CBA Editorial Board A s borne out by studies conducted by the Illinois Supreme Court’s Committee on Professionalism, a majority of lawyers have encountered incivility in the profession. One of the highlights of last years CLE Program- ming was “The Case for Civility.” Four distinguished panelists led the seminar: Justice Michael Hyman (Illinois Appellate Court and past CBA President), Judge Claire McWilliams (Circuit Court of Cook County, Law Division), past President Aurora Abella-Austriaco ( Austriaco & Associates, and Thomas Prindable (Cogan & Power). Timothy Tomasik (Tomasik, Kotin, Kasserman) moderated the pro- gram. This seminar focused on how to confront civility and how to improve the public’s perception of lawyers.
Depositions The panelists reviewed a series of real life examples of incivility depicted in video/audio clips. Depositions were a common venue for incivility . Justice Hyman explained that lawyers should make objections at a deposition in the same manner as they would in court. Judge Williams disapproved of “speaking objections” in depositions and in court. She cautioned that jurors can pick up on such misbehavior. The panelists agreed that the best way to confront incivility in a deposition is to request to speak to opposing counsel outside of the presence of the clients. If the incivility becomes intolerable, end the deposition. If the incivility is particularly egregious, bring it to the judge’s attention.
Email Communication Email communication is an area that is also ripe for incivility. Abella-Austriaco advised that when drafting an email, particularly on a controversial issue, draft the content of the email but leave the recipient box blank; review the email at a later time and then decide whether to send it. All of the panelists emphasized the need for clearer communication between oppos- ing counsels. Justice Hyman suggested occasionally using the “phone” component of a “smart phone,” as opposed to only emailing or texting opposing counsel. Opposing counsels can better discern each other’s tone in a telephone conversation. “Playing Hardball” Does Not Work The panelists severely criticized “playing hardball” with opposing counsel–i.e., strategic incivility designed to intimidate opposing counsel or diminish the other side’s resources. The panelists condemned opposing reasonable requests for exten- sions of time. “Playing hardball” is not cost-effective for the client. Judges also frown on litigation over trivial matters. The panelists opined that reducing the level of strategic incivility will improve the public’s perception of lawyers. Solutions Potential actions to combat incivility include, but are not limited to, a law firm’s discipline of their own lawyers who act uncivil, more training to judges on how to deal with incivility, and more bar associa- tion involvement and CLEs on this issue. See http://www.2civility.org/wpcontent/ uploads/2013/12/surveyonprofessional- ism_final.pdf at 16-17.
L.E.A.D. Series–Part 4: Developing A Coveted Expertise Thursday, April 7, 12:00–1:15 pm
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In the fourth of the new Young Lawyers Section speaker series, a panel of counsel from diverse practice areas at large firms will address“Developing a Coveted Expertise.”It is becoming increasingly important for attorneys to become experts in specialized areas to stand out from the competition. In this panel discus- sion, we will examine how to develop an expertise in a niche practice area, and how to effectively market your expertise. The discussion will apply broadly to various practice areas and panelists will pull from their experience to provide advice to all attorneys trying to define their career path. Participants: Jonathan Amarilio, Civil Appellate Litigation Practice Group, Taft Stettinius & Hollister LLP; Hillary Levun,White Collar & Investigations Practice Group, Perkins Coie; AaronMorrow, IP Procurement and PortfolioManagement Practice Group, K&L Gates LLP; and RueToland, Banking& Finance and Restructuring, Bankruptcy & Insolvency Practice Group Mayer Brown.
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Responding to Security Incidents and Preparing for HIPAA Audits
By Daniel A. Cotter CBA Editorial Board A t a recent meeting of the CBA Health Law Committee, Associate Caitlin C. Podbielski and Share- holder Bruce A. Radke at Vedder Price discussed cybersecurity in the healthcare space, including responding to security incidents and preparing for HIPAA audits. Podbielski and Radke opened by discussing data regarding cybersecurity breaches by type of entity, with healthcare representing 66% of all recent breaches. Radke noted that the retail breaches get the most public attention, but the healthcare attacks continue to rise in numbers. Radke next noted that almost one-third of all breaches were by unintended disclosure, such as misdirected e-mails. Previously, the number of breaches that occurred by losses of laptops and portable devices was higher, but that percentage has diminished in recent years because of the prevalence of devices featuring encryption tools. Radke also said that FBI personnel indicated at a recent briefing that in many healthcare attacks, the data is not being collected for commercial purposes but rather for information on individuals for use in some unknown future way. Podbielski next discussed recent trends in litigation, noting that the issue of standing in the cyber breach context was a major issue. Podbielski noted the adverse ruling by the 7 th Circuit Court of Appeals in the 2015 Neiman Marcus decision, but advised that the Illinois courts have issued some good rulings for businesses on data breach and healthcare failures in the last year or so. Radke stated that one way plaintiffs are trying to satisfy the “injury in fact” requirement is by pleading statu- tory claims to show actual injury resulting from the cyber breach. Radke also advised that fraud claims with respect to alleged
misrepresentations in privacy and security policies are common. Radke explained that these fraud claims typically involve allegations that defendants do not have adequate policies and procedures in place in light of language included in privacy notices that the collector of data will take “all commercially reasonable measures” to secure data. Podbielski discussed the healthcare breaches that have been in the news the last few years, and advised that every orga- nization of any size is a potential target. She then advised the group on enhanced enforcement activity by the U.S. Depart- ment of Education Office of Civil Rights (“OCR”) in its HIPAA audits after the Office of Inspector General Report on OCR Enforcement Activity was published in September 2015. The Report concluded that “OCR should strengthen its oversight of covered entities’ compliance with the Privacy Rule.” Podbielski and Radke also advised that OCR was developing revised protocols to ensure greater consistency in the OCR audit process. Podbielski noted that Phase 2 audits by OCR were to have commenced in late 2014, but in October 2015, OCR advised that the audits would commence early in 2016. The Phase 2 audits will encompass not only covered entities but also business associates. A protocol for these Phase 2 audits has yet to bepublished. Incident or Breach Podbielski next discussed practices for responding to a security incident, docu- menting the security incident and prepar- ing for a HIPAA audit. Radke empha- sized that a “security incident” was not equivalent to a “breach” and that it can be confusing distinguishing the two under
HIPAA. Radke advised that every organi- zation should have an incident response plan in place prior to an actual breach and that the plan has to take into account who should be alerted and who decides whether to engage outside parties to help with the investigation, how communication might be made, and when action needs to occur. Radke advised that with the entire response team “at the table,” the first ques- tion is whether personal health information (“PHI”) or personal information (“PI”) is involved. If not, then it is possible that there is no obligation to provide notice to affected individuals. Radke stated the next step was to determine if a breach has occurred as defined by HIPAA or state law, and then if there is a breach, questions of who needs to be notified, when they need to be notified, and other details are con- trolled not only by HIPAA but also by the 47 states with breach notification laws. Podbielski noted that four factors are crucial in a risk assessment to determine whether a security incident had taken place and whether notice requirements are triggered: 1) the nature and extent of the PHI involved; 2) who used the PHI or to whom disclosure of PHI was made; 3) whether the PHI was acquired or viewed; and, 4) the extent to which the risk to the PHI had been mitigated. Documenting an Incident Podbielski next addressed the process for documenting a security incident and detailed a number of factors that favor detailed written documentation, includ- ing the fact that the burden of proof rested with the covered entity to show the organization determined that there was a low probability of a breach. Podbielski also
continued on page 54
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CLE & MEMBER NEWS November 2014 New Admittees–Is This Your Last Issue? I t could be if your CBA membership dues have not yet been paid or if you have an outstanding balance that is 90 days past due. In accordance with the Association’s By-Laws, members who did not remit payment by February 29 received a notice of termination of mem- bership. If you have not yet renewed your membership or brought your member- ship account up-to-date, please do sonow to maintain CBA savings and benefits. We don’t want to lose you!
The CBA is your local spot for MCLE
series on practice fundamentals, judicial roundtables, practice pointer videos, complimentary cle programs and more. These savings alone can cover the cost of your membership dues. Renewals may be made online (www. chicagobar.org), byphone (312/554-2020) fax (312/554-2054) or by mail. Questions regarding dues and other charges–call 312/554-2020. (Note: Members wishing to resign/ cancel are requested to indicate so in writing stating their reason for resignation to avoid reinstatement fees in the future. Please send your resignation request to firstname.lastname@example.org or write a short note on your statement and return it. )
Register for a Seminar Today 312/554-2056 www.chicagobar.org
Attention Law Student Members Have you received your new mem- bershipcardvalid throughNovember 2016? If you have not yet paid your annual dues, please take a moment todo sonowas yourmembershiphas officially expired. Your $12 dues investment will go a long way toward advancing your legal career. Attend free seminars, learn about the actual practice of law at free noon hour committee meetings, meet movers and shakers in various practice fields, network at YLS social events, tap into our free career resources–all these can give you a competitive edge. Call 312/554-2135 if you have any questions regarding your member- ship renewal. (Note: If youwere a stu- dent member andwere sworn-in last November, please let us know so we can change your status accordingly and make sure you take advantage of our freemembership offer for new admittees. And if you are taking the July bar exam, you should still renew your law student membership.
CBA membership is more valuable than ever. Special free programming for recent lawschool grads include interactive job search seminars, one on one career counseling, new admittee to-do list, CLE
A-M Lawyers–Meet Your Upcoming MCLE Requirement through Free CBA CLE
Free MCLE Credit Tracker A s a CBAmember benefit, theMCLE Credit Tracker automatically com- piles credits earned at accredited seminars and committee meetings pro- duced by the CBA and theYoung Lawyers Section. Credits earned at CBA committee meetings and seminars are automatically entered into the MCLE Credit Tracker. Credits for attendance at CBA committee meetings are generally postedwithin two I f your last name begins with A-M, you need to complete your 30 hours of Illinois MCLE credit by June 30, 2016. Don’t wait unitl the last minute. Take advantage of the CBA’s free archived CLE webcasts and free noon hour committee meetings (attend live or via webcast).
Members can also access unlimited CBA andYLS seminars of their choice through our CLE Advantage Plan for only $150 (includes live,Webcast andDVD formats). For more information regarding MCLE reporting requirements, visit www.mcle- board.org.
weeks of the meeting. Credits for atten- dance at seminars are posted by the 15th day of the followingmonth (For example: credits earned at aMarch 3rd seminar will be posted by April 15th). For information on MCLE requirements and rules, please visit the MCLE board website. If you need additional assistance regarding your CBA MCLE credits, please email cle@chica- gobar.org.
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MEMBERSHIP EXCLUSIVES The Chicago Bar Association
Savings and more!
THE CHICAGO BAR ASSOCIATION Continuing Legal Education
Alliant Credit Union - Below Market Loans, Free Checking 800•328•1935 x8616 • www.alliantpromos.org/cba Avis Car Rentals (AWD #A851600) 800•698•5685 • www.avis.com/chicagobar Budget Car Rentals (BCD #T720200) 800•455•2848 • www.budget.com/chicagobar Business Online Payroll - Full Service Online Payroll http://demand.businessonlinepayroll.com/chba Carr Workplaces - Full, Part-Time & Virtual Office Space 312•577•7600 • www.carrworkplaces.com/chicagobar Club Quarters Hotels 203•905•2100 • www.clubquarters.com CVS/Caremark Rx Savings Plus 877•673•3688 • http://chicagobar.rxsavingsplus.com EsqSites - Law Firm Websites & Hosting (Offer Code: CBA) 877 SITES 123 • www.esqsites123.com LawPay/Credit Card Processing 866•376•0950 • www.lawpay.com/cba LexisNexis (Offer Code M-Chicago Bar Assn) 312•385•9706 • www.lexisnexis.com/bars Magazine Subscriptions - Lowest Prices Guaranteed 800•603•5602 • www.buymags.com/chbar Membership Visa Credit Card 888•295•5540 • www.chicagobar.org National Purchasing Partners - Wireless, Travel & More 1.800.810.3909 • mynpp.com RPost Registered Email Service - Free trial 866•468•3315 • www.rpost.com/chicagobar Smokeball - Case Management for Small Law Firms www.smokeball.com/chicago-bar-association United Parcel Service - Save up to 26% 800•325•7000 • www.savewithups.com/cba (Password=Chicago Bar)
Hands-on Training: Get Your Message Out with Twitter April 5 • 2:00-3:00 p.m. Hot Topics and Trends in Intellectual Property Litigation April 6 • 3:00-6:00 p.m.
The Rise of Technology and Social Media April 7 • 12:00-2:10 p.m.
How To... Lexis for Microsoft Office April 12 • 1:45-2:45 p.m. (complimentary)
Hands-on Training: Elegant PowerPoint Presentations April 14 • 2:00-3:00 p.m.
Protecting Companion Animals/Other Animals from Abuse April 14 • 3:00-6:00 p.m.
The Future is Now: Client-Centric Strategies for Building Your Practice April 15 • 8:30 a.m. - 5:15 p.m.
Chicago Video Game Law Summit April 16 • 8:30 a.m. - 5:00 p.m.
Calibrating Your Career April 19 • Various Times
Hands-on Training: Organize Your To-Do List with Wunderlist April 19 • 2:00-3:00 p.m.
Best Practices in Consumer Bankruptcy April 19 • 3:00-6:00 p.m. Make Your Law Firm Run Smart with Excel April 21 • 12:00-1:30 p.m.
How To... Sync, Store & Share Documents in the Cloud April 26 • 1:45-2:45 p.m. (complimentary) Nuts & Bolts of Guardianship: A Practical Application April 26 • 3:00-6:00 p.m. Post Quintonio LeGrier: The Role of the First Responder April 27 • 3:00-6:00 p.m.
To register, call 312-554-2056 or visit www.chicagobar.org. Programs are held at the CBA Building, 321 S. Plymouth Ct., Chicago, unless otherwise indicated above. Seminars are also Webcast live (as well as archived) at www.chicagobar.org and West LegalEdcenter. Visit www.chicagobar.org/cle for more information. The CBA is an accredited continuing legal education provider in Illinois.
Chicago Bar Foundation Report
Ten Years of Inf luence and Impact The Investing in Justice Campaign
By Angelika Labno CBF Administrative &
Communications Coordinator W hen the Investing in Justice Campaign launched in 2007, it raised more than $600,000 from about 1,600 individuals at 35 partici- pating law firms and companies within just a few weeks for the cause of access to jus- tice. Skeptics pegged this strong response as a “one-year wonder”; the following year, the economic crisis of 2008 further threat- ened the Campaign’s potential. But the Campaign’s numbers grew even during that time. Amidst the economic upheavals Chi- cago has seen in the last decade, the growth of the Investing in Justice Campaign is proof that we still believe in “justice for all” through thick and through thin. As we celebrate the 10th year anniver- sary, we can proudly declare the Campaign as a national model, with Chicago’s legal community leading by example in the fight for equal access to justice. The Campaign has come a long way since that powerful beginning: it has raised almost $12 million The CBA again is one of the organizations par- ticipating in the Campaign, and we encourage all CBA members to contribute at chicagobar- foundation.org/campaign
in individual contributions to support legal aid over the last nine years. One hundred percent of those dollars went to dozens of Chicago-area pro bono and legal aid organizations through CBF grants, which helped to leverage millions more for the cause from the CBF’s foundation and gov- ernment partners. We have documented the incredible work of some of those organizations in our Campaign in Action series–the CARPLS legal aid hotline and the Lawyers’ Committee for Better Hous- ing’s policy work on behalf of low-income tenants being two recent examples. This year’s goals are to exceed the following three milestones: 5,000 individual donors; 150
participating law firms, companies, and other organizations; and $1.5 million in individual contributions. A small group of influential and dedi- cated lawyers–with invaluable pro bono assistance from a leading legal marketing professional–created the vision for the Campaign to tackle the “justice gap”—i.e. the growing number of people not being able to afford often critical legal help, and the shortage of pro bono and legal aid resources to meet their needs. It was the first sophisticated effort at mobilizing the legal community on a grand scale for two goals: to raise both money and awareness for pro bono and legal aid work.
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The Campaign has called attention to access to justice issues that weren’t previ- ously on many attorneys’ radars, including unsustainably low salaries for legal aid attor- neys and the growing number of people who cannot access critical legal assistance. As a result, many more lawyers in the Chi- cago area have embraced the importance of making justice accessible for everyone. This increased awareness has influenced donors’ giving priorities even beyond the Campaign—individual contributions directly to Chicago’s pro bono and legal aid organizations have more than doubled since the launch of the Campaign. What is access to justice? Simply, it’s ensuring that everyone has access to a fair shake in the legal system. The reality is that many people enter this complicated system unrepresented, vastly reducing their chance for success compared to when they are represented. They become victims of injus- tices in areas like housing, employment, or family law. Losing unfairly because of a power imbalance makes people lose faith in the system. Chicago is home to a great network of pro bono and legal aid organizations. Its attorneys fight everyday injustices, and also fight on behalf of large, vulner- able populations. Their work restores our citizens, communities, social services, and institutions to healthier functioning. Campaign grants support more than 30 pro bono and legal aid organizations to continue providing legal services to tens of thousands of low-income Chicagoans. From legal aid hotlines and advice desks to large impact litigation and advocacy work, these organizations provide a continuum of legal services to people who most need help but can’t afford it. The CBF and the Campaign help pull the various pro bono and legal aid provid- ers together as a system, so they work as an interconnected network of legal help. This allows them to collaborate, iden- tify resources, and advance their unique strengths. This interconnectedness in turn is good for their clients, both in finding the appropriate resource and having a broader range of help available when they have dif- ferent kinds of legal issues.
in Justice Campaign, the Foundation is helping to transform the delivery of legal service to low income families in and around Chicago,” said Al Schwartz, executive director of CARPLS, one of the supported organizations. “Funding from the campaign has enabled CARPLS to build out our infra- structure giving us the capacity to expand our exceptional services to an ever-growing number of clients in need.” In addition to supporting well-estab- lished organizations, the Campaign has
A Campaign grant is more than just a check for keeping the lights on. The CBF adds value to its grants by including free professional development training for legal aid attorneys, pro bono assistance for organizations, and advocacy support. The CBF’s extensive grantmaking process ensures accountability and promotes best practices, and the CBF’s close working rela- tionship with the organizations encourages innovation and growth in a variety of ways, including emphasizing pro bono more and incorporating technology in their operations. “Through initiatives like the Investing
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CBA RECORD 21
will be held on Tuesday, April 21, at the Standard Club. A reception for this year’s honorees will begin at 11:30 a.m., followed by the luncheon in the Grand Ballroom. A historic number of bar associations will participate in this year’s Vanguard Award Luncheon. We are proud to announce that the Women’s Bar Association of Illi- nois, Black Women Lawyers’ Association, Chinese American Bar Association, Arab American Bar Association, Advocates Soci- ety and the Decalogue Society of Lawyers have joined the Asian American Bar Associ- ation, The Chicago Bar Association, Cook County Bar Association, Hispanic Lawyers Association of Illinois, Lesbian and Gay Bar Association of Chicago and the Puerto Rican Bar Association in honoring our members who have made a difference in our community and legal profession. To keep the program on time, brief videotaped messages of the 12 honorees will be shown at the luncheon. Tickets for the luncheon are $70 per person or $700 for a table of ten. For more information or to make reservations, contact Events Coordinator Tamra Drees at email@example.com or 312/554-2057. CBA/WBBM Radio Exclusive Member Benefit The Association has teamed with WBBM Newsradio (CBS) to offer members steeply discounted advertising rates. WBBM’s normal weekly rate for 54 30-second ads is approximately $3,400. The CBA member rate is $1,000 less or $2,400. Fifty-four ads running throughout the station schedule is less than $45 per ad. Plus, for every four weeks purchased, members will receive an additional $1,000 discount for a total savings of $5,000 per month. A limited number of packages are available per week, so it is mportant that members call to deter- mine availability and for any blackout dates. WBBM producers will help you write, produce, and even voice your own com- mercial in the CBS Studios for no added fee. When it comes to results no guess work is necessary. Your purchase of advertising also includes a dedicated 800 number so that you will get real and immediate tracking of how your ad performs. For more informa-
MURPHY’S LAW BY TERRENCE M. MURPHY, CBA EXECUTIVE DIRECTOR
The 2016 Earl Burrus Dickerson Award was presented to two honorees Judge Marilyn F. Johnson (ret.) and Judge LeRoyMartin, Jr. The award luncheonwasWednesday, February 17, at the Standard Club, Chicago. On the dais are (l to r): CBA Executive Director Terry Murphy; CBA President Hon. Patricia Brown Holmes; Chief Judge of the Cook County Circuit Court Hon. Timothy C. Evans; Dickerson honoree Hon. Marilyn F. Johnson (retired from the Juvenile Division of the Circuit Court); Presiding Judge of Municipal District 1 of the Circuit Court Hon. E. KennethWright, Jr.; and Dickerson honoree Presiding Judge of the Criminal Division of the Circuit Court Hon. LeRoy K. Martin Jr. The Dickerson Award is presented by the CBA every year tominority lawyers and judges whose careers have exemplified the standards of the late Earl Dickerson, one of the first African-American members of The CBA whose life and career were devoted to the law and helping others gain equality and justice. (photo by Bill Richert)
T he Association is hosting a Town Hall meeting on educational equal- ity onThursday, May 5, at WYCC/ Channel 20 (PBS) TV. The Town Hall is being co-sponsored by the University of Illinois Chicago and WYCC TV and will feature some of our nation’s leading experts on Education including: Professor Linda Darling Hammond , Stanford University; Dr. Charles Payne , University of Chicago; and JerryWeast , former Superintendent of Montgomery County Public Schools. Dr. Steve Tozer from the University of Illinois Chicago will moderate our panel of experts in a 90-minuteTV special that will include video footage with CPS Chief Education Officer Janice Jackson and several school principals. Dr. Tozer and Robin Steans of the Steans Foundation (and founding
Executive Director, Advance Illinois) were of invaluable help to the Association in planning this special program. I also want to thank CBA Secretary Jesse Ruiz who served as Director of the State Board of Education and Vice-Chair of Chicago’s Board of Education. Educational equality is among the top civil rights issues of most concern to Millennials. This is one of the major issues facing our country. Be sure to read President Patricia Holmes ’ column in this issue and you’ll understand why all of us need to get involved in addressing this problem. The Town Hall will be taped before a live studio audience and will air on WYCC/Channel 20 TV later in May. Vanguard Awards The 2016 Vanguard Awards Luncheon
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