CBA Record July-August 2021
JULY/AUGUST 2021 CBA
E. Lynn Grayson 2021-2022 CBA President
Margaret Battersby Black
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CBA RECORD CONTENTS
July/August 2021 • Volume 35, Number 4
Editor’s Briefcase ThankYou, John Levin, for 19Years as Legal Ethics Columnist President’s Page Kindness, Civility, andWell-Being
INSIDE THIS ISSUE
Meet CBA President Lynn Grayson: An Ardent Advocate for Improving the World By Kathryn C. Liss
8 CBANews 18 Chicago Bar Foundation Report 20 Legislative News 22 The Pulse 47 LPMT Bits & Bytes
Intersectionality: A Framework for Understanding Bias and Ourselves By Justice Michael B. Hyman Reparations: 40 Acres and a Mule …with Interest By Patrick Dankwa John Flash Fiction Contest Winner: Zoom and the Bigger Picture By Jonathan Safron
YOUNG LAWYERS SECTION
What You Might Still be Missing about Zoom
It’s Time for the CBA to Come Together as a Legal Community By Tracy Brammeier
48 Nota Bene
WritingTips for Junior Attorneys (andThoseWho Supervise Them) – Part 2
Beyond Binary Thinking By Erin Conlon
Restrictive Covenants: Isn’t it Time We Consider Consideration? By Jacob A. Chodash
50 Legal Ethics Valedictory
The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, www. chicagobar.org. Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/oMembership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2021 by The Chicago Bar Association. All rights reserved. Reproduction inwhole or in part without permission is prohibited. The opinions and positions stated in signedmaterial are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.
A fter 19 years and some 125 columns, the CBA Record’s resident legal ethicist, John Levin, takes his final bow in this issue. His columns, as long-time readers can testify, have been insightful, well-reasoned, and seamlessly crafted. And fortunately for me, Levin consistently submitted his columns several weeks before deadline, sweet nirvana for any editor. Levin followed the legendary George W. Overton, Jr., who penned the column from the inception of the CBA Record in 1987 until he retired in 2003. Overton was a key participant in rewriting the Illinois rules of conduct for both lawyers and judges and was an authority on disciplinary matters. Following Overton could have been daunting, but not for Levin. He made the column his own early on and, in the process, educated members on the details and intricacies associated with legal ethics and professionalism. After reading his column, I often found myself saying, “That’s interesting and good to know.” Coming up with a topic never seemed to trouble Levin. He discussed such varied matters as the obligation to report a mentally impaired lawyer, where lawyers can get advice on ethics questions, the pitfalls of emails, the tension between a fair trial and free speech, preparing for retirement, advertising, mentoring, the increasing impact of technology on ethics, and scores more. No topic was too difficult or too complex. And he showed a knack for keeping his writing both thoughtful and straightforward at the same time. Many lines from Legal Ethics are worth repeating. Here are some of my favorites: “We live in a world in which the ease and speed of communication may sometimes outreach the speed of our thought.” (May 2007) BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF Thank You, John Levin, for 19 Years as Legal Ethics Columnist EDITOR’S BRIEFCASE
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 Howard and Howard Attorneys PLLC
YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC Kaitlin King
Hart David Carson LLP Theodore Kontopoulos BKD LLP
Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Office Amy Cook The Farmer Chef Alliance Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Hinshaw & Culbertson Jasmine Villaflor Hernandez Cook County State’s Attorney’s Office Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Law Office of Clare McMahon Pamela S. Menaker Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins
“There is nothing anyone can do with an unpleasant person other than adopt enforceable rules and sanctions. The Illinois Rules of Professional Conduct and various court rules set a floor. There is nothing wrong with also adopting some higher goals.”(Nov. 2007) “Telling the client what the client wants to hear may seem good in the short-term, but in the long run it serves neither the client, the lawyer nor the justice system well.” (May 2008) “I would agree with Lincoln that it is better to find another career than ‘consent to be a knave.’” (Feb./Mar. 2009) “If a computer is programmed by an attorney with a decision tree that results in the computer arriving at a legal conclusion in the preparation of a document, it seems logical that the computer is practicing law (even if only as a surrogate for the program- mer).” (Oct. 2011)
Robbins, Saloman & Patt, Ltd. Rosemary Simota Thompson Judge E. Kenneth Wright, Jr. Circuit Court of Cook County
THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing
John Levin and his wife Gloria in front of the Taj Mahal.
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“Earlier in the digital era, this column suggested that anything that was really confidential should be kept on paper in a locked file. Developments over the past few years have only reinforced this advice.” (April/May 2017) “Courts and other governmental agencies will not make any money out of building user-friendly interfaces for low-income Americans. However, if we believe that access to justice is a basic right, the time has come to build them.” (July/Aug. 2018) Levin’s columns reflect a philosophy that stresses the critical importance of professional integrity, compliance with the rules of conduct, personal responsibility, and civility. Levin has been warning us — these values should never be compromised; they are the foundation on which we offer our services. I’ve known John Levin for over two decades, so I can attest that he also embodies the values he preaches. Thankfully, John Levin will remain on our editorial board. Succeeding Levin is Trisha Rich of Holland & Knight. She’s equal to the task. Her practice focuses on the areas of legal ethics and professional responsibility and complex commercial litigation. Like her predecessors, Rich is an erudite thinker and writer. Her first column will appear in the next issue. She promises a title that is a bit catchier than Legal Ethics .
Thank you to the thousands of members who have already renewed their CBA membership for the current bar year! The CBA is holding strong, and we appreciate your support and participation as we all move forward together. Here is just a quick peak at what’s coming this fall: • Reconnect with legal and business professionals and friends as we safely re-open for in-person seminars, committee meetings and special events. • Continue to attend high-quality virtual seminars and committee meetings from anywhere. • Join practice area discussion forums to connect with other members, pose questions and get practice tips. • Develop your elevator speech, meetmentors, future employers, client referrals and new friends at live networking events. • Learn and grow through our newpractice basics series and hands on learning opportunities for younger lawyers. • Check out ways to support social justice initiatives and give back to causes important to you. Learn, connect and grow through your CBA membership. Email firstname.lastname@example.org with questions regarding membership and how we can help you advance your career. We look forward to serving you in the coming bar year!
CBA RECORD 5
PRESIDENT’S PAGE BY E. LYNN GRAYSON Kindness, Civility, and Well-Being
The Chicago Bar Association www.chicagobar.org
and to improve the common good. Lawyers play a special role in commu- nities where we live and work. Our words matter, our actions have meaning, and the consequences may be positive or negative. We know from history that one lawyer can make a difference, change lives, but many lawyers can launch a movement and change history. As lawyers, we can and must do more to set an example and lead the way to a more civil, kind, and just environment for all of us. Writing for the ABA’s Practice Points, Chicago lawyer Nasir Hussain notes that kindness in law is more than a virtue, it’s a requirement. I agree with his conclud- ing remark that “…I found that kindness given is kindness returned, even within the often sharp-elbowed practice of law.” The Illinois Supreme Court Com- mission on Professionalism has been a national leader in calling for greater civility, professionalism, and kindness in law. The Commission’s Executive Director, Jayne Reardon, and her team have been fierce advocates for positive change. The Commis- sion’s Deputy Director, Stephanie Villinski, recently addressed the importance of civility and kindness in law in a blog titled Let’s Talk About Legal Acts of Kindness . She identified five legal acts of kindness applicable to all lawyers: be fair and empathic; agree that it’s ok to disagree but not to be mean; thank another attorney; take care of yourself; and work for improved access to justice. Can we all agree to step up in our profes- sional and personal lives and offer our best to each other, our communities, and our profession? Sometimes it is the simple things that make the biggest difference – like doing what you know is right and treating each other with kindness and respect. As CBA members, let’s recommit to be kind and civil and to make a difference each and every day as a lawyer through our own version of legal acts of kindness:
President E. Lynn Grayson
First Vice President Timothy S. Tomasik
Second Vice President Ray J. Koenig III
Secretary Kathryn Carso Liss Treasurer John C. Sciaccotta
W e live in a society in which we have lost the ability to disagree— we are unwilling to listen to the differing thoughts and opinions of others, to consider another’s perspectives or to learn from their life experiences that may be dif- ferent from our own. Why does it appear we have abandoned the golden rule we learned as children to be kind to one another and to treat others the way you want to be treated? Despite the challenges brought about by the pandemic, social unrest, and political turmoil, I believe there is a silver lining coming out of the chaos that may promote a paradigm shift in law in favor of more kindness, civility, and overall improved health and well-being. According to recent studies conducted by Dr. Ritchie Davidson at the University of Wisconsin, Center for Healthy Minds, perpetually kind people have 23% less of the stress hormone cortisol and in general age more slowly. Kindness has three compo- nents in this research: listening with intent to connect; spreading kindness in spoken or written words; and being kind to yourself. I believe the concepts of kindness and civility are one and the same for lawyers. Incivility not only has an adverse effect on the legal profession but also on society, given a law- yer’s responsibility to uphold the rule of law
Immediate Past President Maryam Ahmad
Executive Director Elizabeth A. McMeen
BOARD OF MANAGERS Michael Alkaraki
Hon. Charles S. Beach II Alexis Crawford Douglas Octavio Duran Robert W. Fioretti Malcolm “Skip” Harsch Risa R. Lanier Patricia L. McCarthy Hon. James M. McGing Hon. Clare Elizabeth McWilliams Juan Morado, Jr.
Brandon Peck Ashley Rafael Antonio M. Romanucci
Hon. Maria Valdez Sandra S. Yamate
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1. Be kind to each other and yourself. 2. Ensure civility is part of each legal action, deed, or communication. 3. Defend the rule of law. 4. Commit to racial justice and equality for all. 5. Support improved access to justice. 6. Give back to the community and the profession. 7. Advocate for legal reform and innova- tion. 8. See something, say something. 9. Lead with empathy. 10. Support the CBA and the organized bar. In the 2021-2022 bar year, we look
forward to building upon existing col- laborations and partnerships with other bar associations, legal organizations, and community groups. We will launch the Diversity, Inclusion, Culture, Equity and Engagement Initiative (DICE); expand legal education for public outreach; and showcase new programming centered on more financially viable law practices and career planning for all lawyers to enhance the traditional lineup of the CBA’s offering of CLE programs. The critically important work of the CBA’s committees will con- tinue along with the extraordinary efforts underway with the CBA/CBF Task Force on the Sustainable Practice of Law &
Innovation, Mediation Service, @theBar podcasts, and the Task Force on Sexual Harassment & Assault, among others. As always, we know the CBA’s Young Lawyers Section will have another fabulous year under the leadership of YLS Chair, Tracy Brammeier. As we look to the celebration of the CBA’s 150th anniversary in 2024, this is a perfect year to work together to secure the CBA’s future and continued success as one of the country’s leading urban bar associations. Please join me as we lend our combined strength, leadership, and resolve to ensure that we all enjoy more kindness, civility, and overall well-being.
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Sharpen your deposition skills by attending this seminar. Expert attorneys who practice in state and federal court will instruct you on both preparing for and controlling depositions, followed by a live demonstration of common ethical pitfalls with rulings by Judge Larsen. Attorneys with little or no experience in taking depositions, as well as lawyers wanting to improve their skills will benefit from this seminar. Can’t make the live version? Watch it on demand.
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CBA RECORD 7
CBANEWS New Officers Sworn In at CBA’s 148th Annual Meeting By Ann Glynn, CBA Public Affairs Director F or the second year in a row, the CBA hosted a virtual annual meet- ing to welcome its new President,
Officers, and Board of Managers for the 2021-2022 Bar Year. The June 24 meeting was held over Zoom and featured remarks from outgoing CBA President Maryam Ahmad and incoming President E. Lynn Grayson, and a tribute to the CBA’s mis- sion from past presidents. Grayson is a partner in the women- owned boutique environmental law firm of Nijman Franzetti LLC where she serves as lead environmental counsel in U.S. and international transactions. She was sworn in by Illinois Supreme Court Chief Justice Anne Burke. Judge LaShonda Hunt, U.S. Bank- ruptcy Court for the Northern District of Illinois, swore in the rest of the CBA’s Executive Committee and new members of the Board of Managers. The new slate of CBA Officers includes First Vice President Timothy S. Tomasik, Partner, Tomasik Kotin Kasserman, LLC; Second Vice President Ray J. Koenig III, Manag- ing Partner of Clark Hill PLC; Secretary Kathryn C. Liss, Executive Director, Schiller DuCanto and Fleck Family Law Center, DePaul University College of Law; andTreasurer John C. Sciaccotta, Partner, Aronberg Goldgehn. New CBA Board of Managers mem- bers include Michael Alkaraki, Partner, Leahy Hoste Alkaraki; Octavio Duran, Principal, Duran Law Offices; Robert
2021-22 CBA President E. Lynn Grayson and Illinois Supreme Court Justice Anne M. Burke.
FromTop Left: Second Vice President Ray J. Koenig III, Treasurer John C. Sciaccotta, Secretary Kathryn C. Liss and First Vice President Timothy S. Tomasik, and Judge LaShonda A. Hunt.
W. Fioretti, Partner, Roth Fioretti LLC; Malcolm “Skip” Harsch, Director, ABA Commission on Sexual Orientation and Gender Identity; Risa R. Lanier, Chief Deputy, Office of the Cook County State’s Attorney; Patricia McCarthy, Regional Manager, LexisNexis; Judge James M. McGing, Partner, Miller &McGing; and Sandra S. Yamate, CEO, The Institute for Inclusion in the Legal Profession. More than 30 former CBA presidents
were featured in a virtual tribute to the CBA’s purposes and objectives that guide the work caring for and supporting mem- bers, the justice system, and the communi- ties where we live and work. The meeting concluded with Cook County Circuit Court Chief Judge Timothy Evans shar- ing a look back at CBA’s history through a slideshow showcasing where it all started and how far the CBA has come.
Full video of the Annual Meeting is available on the CBA’s YouTube page: https://www.youtube.com/user/chicagobar.
8 July/August 2021
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A Tree (Tries to) Grow in Chicago: Advocating for Environmental Justice By Carolyn Amadon, CBA Record Editorial Board
CBA President E. Lynn Grayson introduced a recent panel discussion, Environmental Justice: Its Impact on Local Underserved Communities, co-sponsored by the CBA and YLS Environmental Committees and the Racial Justice Coalition. Panelists discussed how they have advocated for environmental justice through community activism, legal representation, and agency or regulatory measures.
Environmental Toxins Linked to Pre- matureDeaths andHealthProblems Kim Wasserman, Executive Director of the Little Village Environmental Justice Organization (LVEJO), described efforts challenging the dumping of environmen- tal pollutants and toxins associated with a nearby coal plant linked to 40 premature deaths, 550 emergency room visits, and 2800 asthma attacks per year. A 2013 winner of the Goldman Envi- ronmental Prize, Wasserman led residents to shut down the Fisk and Crawford coal plants that rained down pollutants over the community – resulting in severe health issues for predominantly Latino residents and their children. Wasserman continues to fight for parks and green spaces for Little Village and to advocate for direct bus routes to the lake front. The attempts to discount the environ- mental justice and safety of Little Village residents are ongoing, as LVEJO andWas- serman demonstrate that environmental advocacy plays the long game. It took 12 years to shut down the coal power plants; 23 years to designate former industrial land for the La Villita Park; and 12 years to open the Semillas de Justicia Garden. LVEJO is challenging the proposed conversion of a site to install a big box retail warehouse that will drastically increase diesel fuel emissions from trucks into a neighborhood already suffering negative respiratory impacts from air pol- lution. In the midst of the Covid-19 crisis, on April 11, 2020, a developer in Little Village imploded an industrial smokestack on a site with no notice to residents. The toxic debris covered several blocks. With
all the success of these campaigns, the legacy of toxins remains in Little Village, and the quest for environmental justice continues. Already-Contaminated Air in Red- linedNeighborhoodWouldbe Exac- erbated by New Facility Nancy Loeb, Director, Environmental Advocacy Clinic, Bluhm Legal Clinic, Clinical Professor at Northwestern Pritz- ker School of Law, addressed the question of what to do when the air in a redlined neighborhood is so full of contaminants that a school was found to have the worst air pollution in Illinois – and the city wants to move a known pollutant metal scrapping facility into the same Southeast Side neighborhood. Loeb advocates for the Southeast Side Coalition to block the permit to move the General Iron industrial facility from the upscale Lincoln Park neighborhood to the Southeast Side of Chicago. The former site of a steel plant in a neighborhood had been redesignated as a “receiving zone” for the new location of General Iron. Neigh- borhood residents are overwhelmingly people of color. Across the street from the proposed location, the local elemen- tary and high school were shown by air monitoring to have the highest level of pollution in Illinois. Loeb stated that, by nature of the burden on people of color, regardless of intent, the proposed move of General Iron to the Southeast Side demonstrates unjust disparate impact and constitutes environmental racism. No new jobs would result from moving the plant. Over 30 experts, 750 doctors, and 250
medical students signed petitions pleading with the City not to grant a construction permit. As of May 10, 2021, the City has delayed the permit process to allow the EPA to conduct further pollution studies in the area. This win was credited to the work of activists around the city, including Loeb and her team. Agency Programs Assist Residents’ Actions to Prevent Neighborhood Pollution Chris Pressnall, Environmental Justice Coordinator at Illinois EPA, and Alan Walts, Director, Tribal and Multi-media Programs Office at US EPA Region 5, addressed the question of what to do when residents suspect that polluting facilities are in or coming to their neighborhood. Pressnall andWalts discussed the map- ping, permitting process, and outreach that state and federal EPA offices offer. Both agencies have developed enhanced mapping tools to help determine areas of concern for communities suffering disproportionate impact from harmful emissions, flood zones, landfills, toxins, and climate change factors. Environmental justice offices at state and federal EPA agencies also focus on outreach to traditionally underserved communities by translating notices into local languages and forming roundtables with key community stakeholders to pro- mote culturally appropriate remediation. From a process standpoint, panelists noted that no statute mandates a “notice and comment” period for pending per- mits. This is notable because in some
10 July/August 2021
cases, permit applications can serve as early warnings to neighborhoods that a permit could be issued indicating poten- tial pollutants want to move into the area. FOIA requests are also an option for concerned communities. Illinois EPA may send out notification letters to clients and attorneys notifying them of newly filed permit applications – another early warning system to allow maximum time for affected parties to prepare to challenge the granting of a permit. From an enforcement perspective, agencies are starting to look to “next gen- eration compliance,” which focuses on decreasing the high cost of enforcement and increasing measures to address and remediate the disparate impact of environ- mental injustice in redlined communities. Another remediation measure proposes that fines paid to the agencies for EPA vio- lations by polluting facilities be re-directed
What Is Environmental Justice? Environmental justice is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income, with respect to the development, implementation, and enforcement of environmental laws, regu- lations, andpolicies, because no community shouldbear disproportionate risks of harmbecause of their demographic characteristics or economic condition. What is Redlining? In the United States and Canada, redlining is the systematic denial of various services to residents of specific, often racially associated, neighborhoods or communities, either explicitly or through the selective raising of prices. While the best examples of redlining have involveddenial of financial services such as banking or insurance, other services such as health care or even supermarkets have been denied to residents.
for reinvestment into the communities that suffered the harm. Some states, such as New Jersey, have proposed legislation to ensure a cumulative impact analysis of
environmental injustice over time, rather than case-by-case related to specific viola- tions.
View the on demand version of Environmental Justice: Its Impact on Local Underserved Communities at learn.chicagobar.org (2 IL MCLE Credit).
CBA RECORD 11
When Mindfulness and DEI Intersect: “Mindful DEI” By Jasmine V. Hernandez, CBA Record Editorial Board
T hi s groundbreaking program explored the intersection of mind- fulness and diversity, equity, and inclusion (DEI). The framework stemmed from a paper written by Simon L. Des- Estages, Global General Counsel for Private Banking, HSBC, in which he espouses his theory that a mindful approach to diversity and inclusion programs may create a more successful, sustainable, and meaningful diverse and inclusive legal workplace. To introduce this unique concept and approach to DEI, Sandra Yamate, CEO, Institute for Inclusion in the Legal Profession, and Ray J. Koenig III, Partner and Chicago Office Managing Member, Clark Hill PLC and Second Vice President, Chicago Bar Asso- ciation, approached the topic with input from two panels – first, “FromDEI Mind- fulness to Mental Health and Emotional Well-being” and second, “Mindfulness as a DEI Strategy.” All the speakers shared insights that highlight current approaches and mindsets. Before the panels began, Des-Estages eloquently shared his own mindfulness exploration and journey. He explained how personal and professional speed bumps motived him to seek out ways he could better himself as well as create meaningful change. Des-Estages shared the impact of mindfulness practice in his life. For example, he learned the value and power of community. Perhaps his most powerful and memorable statement, “None of us would be here today were it not for the communities we are connected with and the communities that have supported us on our journeys … none of us would be here today were it not for an infinite number of people alive and gone who have enhanced our lives and successes.” He also suggested that being successful, or having a suc- cessful idea, does not necessitate personal involvement in every step. Success may be as simple as sharing your work with others, planting a seed.
From DEI Mindfulness to Mental Health and Emotional Well-being The first panel was moderated by Sylvia James, Chief Diversity and Inclusion Officer, Winston & Strawn LLP. She led a lively discussion in which the panelists shared various stressors many people face, including Covid-related stressors, racial stressors, and “sandwich” stressors (such as simultaneously caring for elderly parents and children). They spoke about unantici- pated challenges in the workplace, such as finally having a seat at the table, as well as the continued stressors attorneys may face as they continuously strive to excel in their roles. Each panelist shared what the term “mindfulness” means to them. While each interpretation differed, all seemed to agree that being in a state of mindfulness allowed each of them to extricate themselves from any given moment and be more aware of actions around them. The panel featured Michael Boykins, Chicago Office Managing Partner, McDer- mott Will & Emery LLP; Rudy Figueroa, Vice President, General Counsel and Corporate Secretary, Mitsui Rail Capital LLC; Ellen Ostrow, Founding Principal, Lawyers Life Coach LLC; and Jennifer Rosato Perea, Dean and Professor, DePaul
University College of Law. Figueroa described the sensation of quieting his mind and then hearing more than the words spoken, but also the inten- tion behind them. Ostrow referenced Des- Estages’ description of being able to stand back and observe our thoughts and feelings without being captured by them. The panel also discussed tools that organizations use to foster a culture of mindfulness. Boykins introduced the mission behind McDer- mott’s Happiness Committee, and Perea emphasized the next generation of lawyers will drive mindfulness into the fabric and culture of law firms and legal employers in the future. Mindfulness as a DEI Strategy The second panel was moderated by Jef- frey Jamison, Associate General Counsel, Litigation and Senior Vice President, BMO Harris Bank. Whereas the first panel approached the topic of mindful- ness from a more personal perspective and/or well-being practice, the second panel explored the value of mindfulness as a tool to advance DEI efforts, an inten- tional strategy. Two panelists shared that the possible intersection of mindfulness and DEI efforts came to the forefront at
12 July/August 2021
their work locations after the suicide of key employees. Forced to confront the idea that current efforts have not worked or are not as successfully or as sustainable as desired, firms and employers appear more ready to evaluate their current strategies. Another panelist stressed the impor- tance of intentionality and diversity by design. All panelists engaged in a lively discussion about affinity groups – whether their existence hinders progress, or whether they are beneficial, and their true value may be determined if affinity groups are
also used to bridge and build relationships. The panel also featured Ann Chen, Assistant General Counsel, Litigation, Enforcement & Strategy, TransUnion; Beatrice James-Moore, Assistant Vice President, Senior Legal Counsel, AT&T; Nerissa Coyle McGinn, Chief Diversity Partner, Loeb & Loeb LLP; Maria Melen- dez, Chief Diversity Office, Sidley Austin LLP; and DL Morris, Diversity & Inclu- sion Partner, Hinshaw & Culbertson LLP. This program planted a seed for a new way of thinking about and approaching,
DEI initiatives and strategies. It also high- lighted the need for intentional, strategic action if lasting change is truly desired. As Yamate summarized one of Des-Estages’ key points – success, not just effort, needs to be rewarded. Mindful DEI is available on demand at learn.chicagobar.org (2.5 IL MCLE Credit including 1 Diversity/Inclusion and 1.5 Mental Health Substance Abuse PR-MCLE Credit).
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CBA RECORD 13
The ShowWent On! Lawyers Lend-A-Hand Tutoring Program By Daniel A. Cotter, CBA Record Editorial Board
T he Lawyers Lend-A-Hand to Youth Program became a direct service organization in 2016 with the launch of Lend-A-Hand Tutoring at the CBA. The program provides free one-to- one tutoring at the CBA to students from the Englewood community who attend Providence Englewood Charter School (PECS). The Beginnings The Chicago Bar Foundation, along with the leadership of the CBA, initiated the Lend-A-Hand Program in 1995, and it has continued to evolve. Since its inception, the Lend-A-Hand program has encour- aged the legal community’s support and furtherance of exceptional mentoring programs for disadvantaged youth in the Chicago area. Kathryn McCabe (“Ms. Kathy” to the students) joined LLAH as executive direc- tor in 2015. At that time, LLAH focused on supporting and issuing grants to various tutor/mentor programs in Chicago com- munities, including a special grant created in 1994 by Chicago attorney and Past CBA President Thomas A. Demetrio, the Lend-A-Hand Award of Excellence, with a desire to impact the lives of Chicago’s underprivileged children by recognizing the efforts of exceptional tutor/mentor programs in Chicago communities. This award was the start of LLAH, and it con- tinues today as the Thomas A. Demetrio Award of Excellence. WhenMcCabe was interviewing for the position, she suggested providing a direct services model. This was an audacious goal, but McCabe turned that vision into a real- ity less than a year later. The partnership has been productive and strong ever since.
Dan Cotter with his mentee, Xazavia P.
The Tutoring Program Lend-A-Hand Tutoring at the CBA provides free one-to-one tutoring to 50 students from the Englewood community on the south side of Chicago. The tutoring program focuses on literacy. Each student- tutor pair receive an individualized reading plan to work on each week. Because many students have learning challenges, LLAH strives to use instructional methods and materials that are appropriate for each student’s learning needs. The Pandemic Tutoring is on Tuesdays from 5:30 to 7:00 p.m. during the school year with the school providing transportation. Due to the pandemic, in-person meetings during the 2019-2020 school year ended in early March 2020. Tutoring for the 2020-2021 school year was done virtually, and ended inMay, with a handful of younger students opting to extend through mid-June. The importance of the individual pairs meeting on a weekly basis is crucial to the program’s success (as it is with any tutoring program). So McCabe invited several pairs to experiment with online tools over the summer of 2020. For example, with my student, we worked through various kinks in the system and each week experimented with the possible solutions with McCabe.
In September 2020, the full program was back up and running. About 50 tutor- student pairs were arranged, many of the pairs continuing from prior years. Using Google Meets and the reading material program Readworks, the pairs logged on each week. Given the volume of technol- ogy needs, as well as the need for McCabe and her team to be able to monitor the programs and ensure things were working, the pairs were split between Monday and Tuesday evenings, and the sessions were shortened from one and a half hours to about one hour. When the pairs logged onto their sepa- rate pairings, they “virtually” visited each other in their homes, and continued to create strong bonds and mutually reward- ing connections. The LLAH program had a great school year, especially considering the technologi- cal challenges that the program faced. But like the post office, neither rain nor snow nor the coronavirus pandemic could stop the creativity and loyalty the participants bring to the program. The program con- tinued despite the hurdles. Kudos to the volunteers, to the students, and especially to “Ms. Kathy” for making the LLAH tutoring program fun and enriching during the pandemic. Here is to re-uniting and seeing the students in-person soon.
Discover how you can get involved with Lawyers Lend-a-Hand to Youth at www.lawyerslendahand.org.
14 July/August 2021
CLE & MEMBER NEWS Without a doubt, this past year has been quite challenging, but things are looking up – and the CBA is committed to keeping on top of practice changes related to the pandemic and beyond. We hope that over the last year you have felt more supported, connected, and more knowledgeable because of your CBA membership throughour free seminars, practice area committeemeetings, virtual networking events, client communication tips, wellness resources, career programs, and more. We are also very much looking forward to reconnectingwith you as some in-person events begin to resume in the fall.
Membership Renewal Reminder: Don’t Let Your Membership Expire on August 31
Current memberships will officially expire on August 31, 2021. If you have not already done so, we encourage you to renew by this date at www.chicagobar.org/renew, call 312-554-2020 or mail your renewal check to the CBA. We also offer a dues installment plan, $50 financial hardship dues and $75 retired dues to assist our members (email email@example.com with your request). We appreciate your past membership and look forward to serving you in the coming year.
Learn from Experts, Expand Your Network, and Earn Free CLE Credit through CBA and YLS Committees: No Extra Section Fees!
Over the summer, all members are asked to review/update their committeeassignments for thenewbar year via theonlinecommittee sign up form at www.chicagobar.org/committees. If you wish to change your committee assignments, please take amoment todo so now. (Note: You will remain on your current committee assignments unless you request a change.) Memberswhoarenot currently servingon 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/committees. A hard copy committee sign-up formis also located there. Most CBAandYLS noon hour committee meetings qualify for free Illinois MCLE credit. The amount of credit depends on the length of the presentation. Mostmeetings are virtual so you can earn free credit without leaving If you are not receiving regular emails from the CBA, please take a moment toupdate yourmember profile at www.chicagobar.org; call 312-554-2000; or send an email to firstname.lastname@example.org including your name, phone, email address, and CBA member number. Email is our primaryway to communicatewith you, andwe don’t want you to miss out on important announcements including: • The CBA e-Bulletin every Thursday highlighting the following week’s committeemeetings and speakers notingMCLE credit, plus upcoming seminars, networking events and important news about the Association; • Timely notices of seminars, committeemeetings and events related Wanted: CBA Member Email Addresses
your office or home (only live virtual meetings count for credit, not archived meetings). Confirmation of committee assignments and 2021-22 meeting date schedules will be emailed to all committee members in mid- August. Most committees will begin meeting again in September. Contact AwildaReyeswithyour questions at 312-554-2134or areyes@ chicagobar.org. Special Note: Members listed on committee rosters will receive direct emails regarding committee meetings, speakers, hand- out materials, legislation, etc. However, you do not have to be listed on the committee roster to attend its meetings. Any member may attend any committee meeting. Check the weekly CBA e-Bulletin on Thursday mornings in your inbox or learn.chicagobar.org for a list of upcoming meetings. to your practice area; • Practice specific developments through Lexology emails; • Networking, mentoring and professional development events; • Career resources, leadership opportunities and other ways to enhance your resume; and • Tips onwhat to read, watch and listen to regarding the latest trends in the legal profession. You can set your email preferences to receive onlywhat youwant. Please note that the CBA does not provide or sell member email addresses to outside entities.
Rent a car fromAvis and experience the“We Try Harder”service! Avis canmake busi- ness and leisure rentals more rewarding than ever for members with special rates, discounts, and value-added offers on car rentals at participatingworldwide locations. For reservations and information visit www.avis.com/en/association/A851600 or call 1-800-698-5685. Don’t forget to provide your Avis Worldwide Discount (AWD) #A851600 every time you rent to receive up to 25% off.
CBA RECORD 15
Judicial Evaluation Committee Adapts to Accommodate Changes During Pandemic By Ann Glynn, CBA Public Affairs Director T he CBA has a long history of judicial evaluation dating back to before the turn of the last century.
Evaluations have taken many forms over the years, from running a “Bar Ticket” in 1887 to the present comprehensive procedure adopted in 1976. The Judicial Evaluation Committee (JEC) is the CBA’s semi-autonomous committee that evaluates candidates for judicial offices and sitting judges seek- ing retention within Cook County. The evaluations are designed to inform the public and the courts of the qualifications, independence, and integrity of judicial candidates. As a public service, the CBA reports the JEC findings for all elections. By providing these findings, The CBA seeks to inform and educate the public about the upcoming judicial contests in the primary and general elections. The Association’s 200-member Judicial Evaluation Committee annually invests thousands of volunteer attorney hours in this comprehensive and diverse peer review process. But this past year was a year like no other. Soon after the March 17, 2020 pri- mary, the reality of the pandemic became apparent. “Just days after the March pri- mary, everything came to a standstill,” said Risa Lanier, Chair of the JEC. “Offices and courts closed, and we were forced to quickly assess how to move forward. The importance of our work compelled us to find a way.”
Find a way, they did. Operating in a world shut down by the pandemic, the JEC needed to adapt their interview and investigation process to continue conduct- ing evaluations. They also faced a shortage of volunteer investigators to perform the important legwork of investigations. The JEC amended their rules to expe- dite the interview process for qualified candidates, conduct hearings virtually instead of in-person, and waive the medi- cal authorization requirement. “The JEC is constantly evaluating our process. These changes did not fundamen- tally change our function or the criteria we use for the evaluation process,” said Lanier. “The changes were procedural and wholly necessary for us to continue this important
work during these unprecedented times.” The Committee most recently finished evaluations for 233 Associate Judges. During this process, the JEC conducted 103 investigation and 38 hearings via Zoom. Next, the JECwill start evaluations for the next slate of judicial candidates in the fall. The JEC is recruiting for new inves- tigators to join the Committee in the 2021-2022 bar year. Being an investigator provides opportunities to learn many dif- ferent areas of the law and expand personal and professional networks. If you are interested in learning more about the Judicial Evaluation Committee or in being an investigator, contactTherese Kurth at email@example.com.
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16 July/August 2021
A Special Notice to all Lawyers Who Reside in or Practice in Cook County The Moses, Bertha & Albert H. Wolf Fund
T he Chicago Bar Association manages the Moses, Bertha and Albert H. Wolf Fund to aid attorneys who reside in or practice law in Cook County and are ill, incapacitated or superannuated. Through the Fund, the CBA provides financial assistance in the form of grants and loans. Eligible recipients also include lawyers in Cook County who receive assistance from the Lawyers Assistance Program and are in need of medical assistance. For more information, contact Beth McMeen, CBA Executive Director, at 312- 554-2004 or firstname.lastname@example.org.
Chicago Bar Foundation Report
Building a More Perfect Justice System: Lessons from the Pandemic By Bob Glaves, CBF Executive Director A s we emerge from the pandemic and start to return to a semblance of normal in all parts of our lives, should stay, what should go, what should be added, and how it should all be mixed together to build a more perfect justice system.
impressive how quickly the courts turned to using Zoom and other technologies to conduct court hearings and other court business. We all have learned that most of the court’s functions in fact can be per- formed remotely with the right leadership and the right systems in place. Remote Access is Critical for Access to Justice Remote access to the courts has proven to be a crucial feature in making the system more accessible to the public. People do not have to take off a full day of work to appear in court or do routine court busi- ness. For those who have challenges in getting to a courthouse (e.g., people with certain disabilities, detained individuals), it can be a lifeline. We also have seen firsthand how criti- cal remote access is for lawyers to be able to connect with and serve people in need more efficiently, accessibly, and affordably. Removing unnecessary travel for lawyers to serve people in harder-to-reach areas makes it possible for pro bono and legal aid lawyers to serve more people more efficiently, particularly for limited scope services. It also makes it possible for lawyers in private practice to provide those services more affordably to people who otherwise too often find themselves priced out of the market. The new Cook County Legal Aid for Housing and Debt program is a great example of the promise of remote access, providing services to scores of people with
for our courts and legal profession, the conversations about how to reopen are happening in earnest. As much as the pan- demic exposed the flaws and limitations of the justice system when it hit, there have been some impressive adaptations since then. We now have a unique moment in time to shape a much better future for the courts, our profession, and access to justice. Many ivory tower types talk as if we should just make the whole justice system virtual going forward. At the same time, we also have plenty of Luddites among the bench and bar who see the pandemic as just a temporary interruption of several hundred years of a one-size-fits-all system that works just fine for them, despite clear evidence that those “old ways” were not working for the majority of the public or a growing share of our profession. A new hybrid approach is actually the right path as we get back to having a choice about physical presence in the courts. This pandemic experience should accelerate a clear-eyed view of when it should be a default to handle legal matters remotely, when it should be a user choice, and when it needs to be in person. And we should take steps now to ensure the system is more resilient so that a future virus or other disaster can never again bring most of the court process to a halt. The following framework is geared toward guiding the decisions on what
In the Old Days In delivering the keynote address for the Illinois Supreme Court Commission on Professionalism’s “The Future is Now” conference in May of 2019, Justice Mary Jane Theis talked about the urgency of rethinking the way we deliver justice. The number of cases being filed in the courts already dropped significantly at the same time that more people than ever were coming to court without lawyers, and the courts and our larger legal profession were behind the times in using technology and process improvement to make the system more accessible and deliver services more efficiently and affordably. Recognizing these trends and the need for change, in 2019 the Illinois Supreme Court adopted a new strategic agenda for the Illinois Judicial Branch developed by the Illinois Judicial Conference. The agenda is a comprehensive blueprint for achieving the Supreme Court’s vision of a justice system that is “trusted and open to all by being fair, innovative, diverse, and responsive to changing needs.” One of many specific strategies identi- fied in the plan that suddenly became front and center when the pandemic hit is to “promote and enhance remote access to court services, court and case informa- tion, and court appearances.” And it was
18 July/August 2021
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