CBA Record January-February 2025

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CBA January/February 2025

FROM ATHENS

to AMERICA Our Legal Roots

INSIDE THIS ISSUE: Books to Read During Black History Month and Beyond

Quality Job Searching in Any Market Open and Shut: Simple Routines to Bookend Your Day and Boost Your Mindset

CBA RECORD CONTENTS

January/February 2025 • Volume 39, Number 1

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Editor’s Briefcase Bullying: A Choice By Justice Michael B. Hyman President’s Page Make CBA Committee Work Part of Your Legacy By John C. Sciaccotta

INSIDE THIS ISSUE

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From Athens to America: Our Legal Roots By Justice Michael B. Hyman Quality Job Searching in Any Market By Kathy Morris

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CBA News

20 Chicago Bar

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Books to Read During Black History Month and Beyond Curated by the CBA Record Editorial Board

Foundation Report

22 The Pulse

38 Practical Ethics

YOUNG LAWYERS SECTION ISSUE

Bullying in the Legal Profession: Illinois Supreme Court Commission on Professionalism Releases First-of-its-Kind Study by Trisha Rich and Daniel Rossman

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Change By Kenneth Matuszewski, YLS Chair

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Open and Shut: Simple Routines to Bookend Your Day and Boost Your Mindset By Benjamin M. Levine

40 History Will Judge

Preserving Our Past: The Women’s History Archives Project By Nina Fain

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Committee Spotlights:

42 LPMT Bits & Bytes Stop. Start. Continue. By Kevin Thompson

YLS Environmental Law Committee: Get Active By Rachel Strieber YLS Health and Hospital Law Committee: New Year, New You By Marisa McGrenera and Mark T. Carper

The CBA Record (ISSN 0892-1822) is published six times annually (January/February, March/April, May/June, July/ August, September/October, November/December) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604-3997, 312/554-2000, Subscriptions for non-members are $25 per year. Periodicals postage paid at Chicago, Illinois. POSTMASTER: Send address changes to CBA Record , c/o Membership, Chicago Bar Association, 321 South Plymouth Court, Chicago, Illinois 60604. Copyright 2024 by The Chicago Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated.

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EDITORIAL BOARD EDITOR-IN-CHIEF CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF

Justice Michael B. Hyman Illinois Appellate Court ASSOCIATE EDITOR Anne Ellis Council of State Governments Justice Center SUMMARY JUDGMENTS EDITOR Daniel A. Cotter

Bullying: A Choice

S hortly after the Illinois Supreme Court Commission on Professionalism released its study of bullying, a judicial colleague and I discussed how the legal profession seems more combative, even unkind, than ever before. Sure, when we practiced, we had our share of opponents who pushed boundaries. But as the country has grown more oppositional, so too have lawyers. Cooperation has diminished, disrespectful interactions have come to be commonplace, and in-person conferences with opponents scarcely occur. There are many explanations for why the legal profession has a bullying problem. Among them are the nature of the adversarial system itself, the pressure to deliver results, the stress and demands of the job, the general lack of accountability for bad behavior, the expectations of clients, and the risk of appearing weak. But none of these causes portend the Commission’s finding that bullying usually “involves a power imbalance with inten tional and often unrelenting aggression, intimidation, or humiliation.” (The 86-page report and a 12-page executive summary are available at www.2civility.org/bullying-in the-legal-profession.) Over the years, I’ve noticed two characteristics frequently exhibited by lawyers who are bullies—a disrespectful demeanor to others and an inflated opinion of themselves. As a consequence, they have a propensity to create conflict, alienate people, and lose cred ibility. They also refuse to acknowledge their toxic tendencies and cling to a fragile ego that relies on domination and fear. Cultivate Respect Bullies prioritize their sense of entitlement, superiority, and exaggerated self-importance above their duty to maintain courtesy and integrity. Bullying has steadily been normal ized for them, corroding relationships by letting ego displace professionalism. Among the ways a lawyer can cultivate respect are to: l Listen closely to others and acknowledge their perspectives. l Admit mistakes instead of hiding behind excuses or shifting blame and accepting constructive criticism. Then, learn from the mistakes and criticism. l Treat everyone, no matter the circumstances, as you would want a loved one treated. l View others as equals rather than obstacles to be overcome. Unlike bullying, acting respectfully promotes trust, inspires confidence, and builds professional relationships. It’s worth repeating the saying that to gain respect, you must give it. Practice Self-reflection Lawyers who regularly assess themselves and their actions tend to behave professionally and courteously. As the influential thinker Dr. Carl Jung observed, “I am not what hap pened to me. I am who I choose to become.” The ability to reflect shapes identity and self, aligning one’s conduct with one’s character and principles, and thus connecting who we are, what we believe, and how we behave. On the other hand, bullies don’t care how their actions affect their reputations or relationships or who they hurt or trample. Often inflated by narcissism, bullies focus on themselves, their needs, and their agenda, in spite of the collateral damage. And they

Dickinson Wright PLLC YLS JOURNAL EDITORS

Joanna Kopczyk Attorney at Law

Nikki Marcotte Kirkland & Ellis LLP

Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP Jacob B. Berger Tabet DiVito & Rothstein LLC Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Kirby McInerney LLP Clifford Gately Quarles & Brady Meredith A. Geller Northwestern Pritzker School of Law Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Kaitlin King Hart David Carson LLP Theodore Kontopoulos Internal Revenue Service John Levin Kathryn C. Liss DePaul University College of Law Clare McMahon Reed, Centracchio & Associates, LLC Pamela Sakowicz Menaker Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins Robbins DiMonte, Ltd. Kevin A. Thompson Levin Ginsburg Rosemary Simota Thompson Judge E. Kenneth Wright, Jr. Circuit Court of Cook County THE CHICAGO BAR ASSOCIATION Sharon Nolan Director of Marketing

4 January/February 2025

have no interest in the emotional toll their behavior takes on others. In sum, bullies are self-absorbed and unable to assess their behavior and its impact honestly. Among ways to become self-reflective are to: l Pay attention to your reactions to keep your emotions in check. l Get real with yourself by regularly answering these three questions: (i) “Have I served my client’s best interests with out compromising my integrity?” (ii) “Am I respectful to

all, regardless of position or status?” and (iii) “Have I stayed composed and acted professionally in words and actions?” l Be mindful of your ego and desire for personal benefit so they do not drive decisions or undermine your professionalism. Every lawyer has a choice between being a bully or honoring the values that professionalism demands, such as integrity, col legiality, and regard for the legal system and those who serve it. Remember: The choice defines both you as a person and your reputation within the legal community.

MEMBERSHIP The Chicago Bar Association Develop Relationships and Make Lasting Connections | Be a Part of Your Legal Community Stay on Top of Legal Developments | Build Your Resume with Leadership Opportunities

Get Involved and connect, inspire, and lead!

Wherever you want to go as a attorney: The CBA can help get you there. Building relationships is critical to your career development. The CBA can help you connect with other legal professionals and judges through practice area committee meetings, educational seminars, volunteer opportunities, and social events. Stay on top of legal developments while fulfilling your Illinois MCLE requirements. The CBA presents over 125 virtual and in-person seminars a year (with an additional 250+ in our on demand archive). As a member, you can fulfill your Illinois MCLE requirements for free through complimentary seminars and practice area committee meetings. Programming tailored to your needs. Learn how to transition to private practice, make a lateral move, prepare for a judicial run, sharpen your advocacy skills and more. Build your resume. Members have the opportunity to lead committees and boards, write for our member magazine and blog, speak at educational events, and participate in our monthly podcast. Make a difference with a small time commitment. Review and comment on legislation, evaluate judges for upcoming elections, and participate in pro bono and volunteer opportunities.

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CBA RECORD 5

PRESIDENT’S PAGE BY JOHN C. SCIACCOTTA Make CBA Committee Work Part of Your Legacy

The Chicago Bar Association www.chicagobar.org President John C. Sciaccotta First Vice President Judge Nichole C. Patton Treasurer Jonathan B. Amarilio Secretary Trisha Rich Immediate Past President Ray J. Koenig III Executive Director Beth McMeen BOARD OF MANAGERS Daniel J. Berkowitz Tracy Brammeier Maggie Mendenhall Casey Erin Clifford Nishá N. Dotson John C. Ellis Josie M. Gough Brian Haussmann Judge Kenya A. Jenkins-Wright Michael Kozlowski Francine D. Lynch Justice Margaret Stanton McBride Kenneth A. Matuszewski Peter McNamara John Mitchell Sari Montgomery

Murphy, CBA Executive Director Emeri tus. One of our primary focuses for the 2024-2025 bar year is to strengthen CBA committee work. The CBA has over 100 substantive and service committees, and without question, they are the heart and soul of our association. My goal as presi dent is to personally greet all our commit tee members during at least one of their meetings. I believe in our committee work so much that I thought sending a message of gratitude to our committee leadership and to our members is important. We also instituted Board of Managers oversight for committee work. Each board member is responsible for overseeing three or four committees and establishing a line of communication with the committee’s leadership. This will further enhance com mittee planning, development of substan tive content, and effectiveness, all of which will benefit our members. Special thanks to Judge Nichole Patton for chairing this committee. Over my long career, my CBA commit tee work has been very fulfilling to me. I’ve become a better lawyer and have estab lished lifelong relationships with fellow committee members. The experience has immensely enhanced my career. I share my impactful committee experiences with everyone I meet and encourage them to get involved with committee work as well. I began my committee work on the Judicial Evaluation Committee and vari ous litigation committees. Serving on the JEC allowed me to meet many distin guished lawyers, judges, and members of our profession. I strongly encourage each of you to reach out to a colleague or two

F irst and foremost, I wish all of you a happy and healthy new year and hope that 2025 is a good year for all of us. Every new year, we all look back to examine the past year. We even, to some extent, grade ourselves. Did we accom plish our goals both personally and pro fessionally? What did we do well, and what can we improve upon? We may also review our coworkers and colleagues to give advice that is vital to their careers and to our profession. In looking back at 2024, our CBA had a very productive year. During my presi dency and that of my friend and prede cessor, Ray Koenig, we achieved many accomplishments including our 150th Anniversary celebration and festivities. Thank you to Ray and to the 150th Anni versary Committee chaired by CBA First Vice President Judge Nichole Patton, Cir cuit Court of Cook County, and by Terry

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

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and ask them to consider joining our JEC. We will be making concerted efforts to recruit new JEC members in 2025 and rein vigorate this important committee. My committee work evolved into chairing the CBA Golf Outing for many years and being a Vice-Chair and then Chair of the Bench & Bar Committee (which we are reviving this bar year). I was involved at the start of the Commercial Litigation Committee which has grown and prospered over the past 25 years. I worked to establish the Civics Committee and served (and eventually chaired) the Finance, Membership, ADR, and CLE Committees. I am helping to revive the Domestic Violence and Veteran’s/Military Committees. At the urging of Past President Judge Thomas R. Mulroy (ret.) in 2017, with his and then-Executive Director Terry Murphy’s support, my law partner, Jerry Holisky, and I formed the Busi ness Divorce and Complex Ownership Disputes Committee.

The founding members of the committee worked diligently to ensure a successful committee launch, and I can attest that form ing this committee and participating in its leadership has been a highlight of my legal career. The committee has had a profoundly positive influence on my professional and personal life. Committee work also provides the opportunity to mentor younger lawyers, teach them the right way to practice law, and to perpetuate our individual legacies through the next generation of lawyers—thereby benefiting our profession as well. I encourage all of you to recommit in this new year to becom ing more involved in and contributing to our CBA substantive and service committees. Your involvement will be your legacy to our association, to your fellow members, and to our legal profession.

Members can join committees at www.chicagobar.org.

Join a Committee!

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Choose from Over 100+ Committees at www.chicagobar.org

CBA RECORD 7

CBA NEWS Celebrating 50 Years of CBA Membership By Ann Glynn, CBA Public Affairs Director

T he CBA proudly recognized 66 members who mark 50 years of association membership this year. CBA President John C. Sciaccotta hosted a luncheon for some of those members and their families to thank them for their steadfast commitment, dedication, and service to the legal pro fession and the CBA.

Pictured top row from left: Kathryn C. Liss, CBA President John C. Sciaccotta, Lee J. Schoen, Robert S. Minetz, John G. Levi, Dennis C. Waldon, Jack R. Bierig, John M. Beal, Dennis M. O’Keefe, Steven B. Salk, Michael B. Weinstein, Thomas J. Shannon, Edward J. Willer, and Thomas K. Prindable. Pictured front row from left: Tobin M. Richter, Theodore J. Schmidt, Bruno W. Tabis, Jr., Peter V. Baugher, Arthur S. Kallow, Eileen B. Lerum, and Edward G. Halper. Not pictured: Anthony J. Augustine, Alan E. Bain, Peter J. Barack, Michael P. Barone, Mark P. Bischoff, Anthony E. Cascino, Jr., Alan J. Cook, Thomas A. Demetrio, Gino L. DiVito, Anthony E. Dombrow, Mitchell C. Ex, Edward F. Fitzpatrick, Robert C. Goldberg, Michael J. Goldstein, Martin J. Healy Jr., Richard M. Johnson Jr., Larry Karchmar, Mary K. Krigbaum, Michael S. Kurtzon, Ellis B. Levin, Marilyn F. Longwell, Thomas W. Malik, Linda A. Miller, Donald L. Mrozek, Robin G. Munden, John T. Noga, Kevin M. O’Keefe, Owen H. Orndorff, Edward J. Ozog, Walter M. Piecewicz, Lewis M. Porter Jr., Allan J. Reich, Christine M. Rhode, Paul W. Rink, Gerald G. Saltarelli, David A. Schlack, Robert J. Schneider, Keith P. Schoeneberger, Theodore R. Sherrod, Marc E. Sherwood, Charles B. Sklarsky, Charles Slamar, Jr., Stuart J. Stein, Mark B. Swillinger, James L. Terman, Andrew S. Williams, and Edward J. Zulkey.

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CBA RECORD 9

Lawyer Referral Service Refers High-Value Medical Malpractice Cases By Juli Vyverberg, CBA Legislative and LRS Director

T he CBA’s long-standing Lawyer Referral Service (LRS) continues to be an important resource for the public to obtain experienced and vetted legal assistance as well as an invaluable source of legal referrals for CBA members and non members. Recently, two separate medical malpractice cases that the LRS referred to Regina Etherton, Regina P. Etherton & Associates, LLC and chair of the Lawyer Referral Service Committee, settled for more than $2.3 million. The first case involved a single middle-aged female with no children who was admitted to a hospital for abdominal pain. A few days later, she died after suffering a hypotensive event. This case settled for $1,375,000, for which the CBA received a check of $68,750 as its referral dues pursuant to its rules. Another call received by the LRS that was referred to Etherton eventually settled for $1 million, and the Lawyer Referral Service collected $50,000. That case resulted from a delayed cancer diagnosis. The Association uses these monies to fund LRS programs as well as other CBA initiatives in our ongoing effort to make justice acces sible to all. The CBA’s Lawyer Referral Service has operated as a public service for nearly 80 years. Member attorneys provide counsel in areas that include consumer protection, personal injury, domes tic relations, estate planning, real estate, and employment law, among other areas of practice. The LRS has more than 150 lawyers available who are expe

rienced in many different areas of law and offer their services to the public. The LRS screens the initial public inquiry and matches the person with an attorney in the specific legal area in which they seek guidance. On average, the LRS receives about 2,100 inquiries per month, resulting in 100 to 150 actual retained cases.

Regina Etherton

On the third Saturday of every month, the CBA sponsors the “Call a Lawyer” program through the Lawyer Referral Service, making attorneys available to take calls from the public at no charge. CBA members and non-members are encouraged to refer cli ents to the Lawyer Referral Service if a client’s legal problem is outside your realm of experience. The LRS is also taking attorney applications to join the Service to obtain legal referrals. If you practice civil rights, consumer law, immigration, education, pro fessional malpractice, or mental health law, we would especially like to hear from you, as our callers would greatly benefit from additional members accepting such cases. “Joining the Lawyer Referral Service is a smart idea for any attorney looking to build or expand their book of business,” Etherton confirmed. For more information on the LRS program go to www.chica gobar.org (under Committees) or reach out to LRS Director Juli Vyverberg at jvyverberg@chicagobar.org.

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CBA Lawyers in the Classroom Recognizes Civic Education Leaders By Tiffani M. Watson, M.Ed., Lawyers in the Classroom Managing Director

T he CBA Lawyers in the Classroom (LIC) program and the Board of Direc tors of the CBA’s Media and Civic Education, Inc., announced the 2024 members of the Civic Education Appreciation Awardees Circle (CEAA). They are: Goldman Ismail Brennan & Baum with Carter G. Woodson Elemen tary School; Greenberg Traurig, LLP, with Disney II Magnet Elementary School; Kirkland & Ellis, LLP, with George B. Armstrong School of International Stud ies; McDonald’s Corporation with A.N. Pritzker Elementary School; and Skad den, Arps, Slate, Meagher & Flom, LLP, with Perkins Bass Elementary School. These organizations have had a transformative impact on the LIC program and have shown unwavering dedication to civics education and the LIC mission over many years. The term “circle” symbolizes the community of supporters who strengthen the LIC program by delivering essential civics education and pro moting civil discourse, key components of a thriving community, to classrooms throughout Chicago. The commitment and collaborative spirit of these CEAA members empower the LIC program to expand its services, develop enriched curriculum offerings, and foster critical thinking skills in students across Chicago. For more information on becoming a member of the CEAA Circle, contact Tiffani Watson at twatson@chicagobar.org.

The CBA and WINGS, Inc., hosted a Domes tic Violence Summit along with the Illinois State Bar Association, DuPage County Bar Association, and Women’s Bar Association of Illinois. The summit featured a full day of programming with stakeholders from law enforcement, the legal system, and social service agencies, including a keynote address from Denise Brown, an activist against domestic violence and sister of the late Nicole Brown Simpson. Programming from the Summit is available at Learn. Chicagobar.org (search the catalog by keyword Domestic Violence). From left to right: CBA President John C. Sciaccotta, Activist Denise Brown, CEO & President of WINGS Rebecca Darr, and Former Lieuten ant to the Domestic Violence Division of Nashville Metropolitan Police Department and Activist Mark Wynn.

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CBA RECORD 13

Jonathan Amarilio

Jennifer Byrne

Maggie Mendenhall Casey

Trisha Rich

NEW HOSTS

Tracy Brammeier

Mathew Kerbis

Nikki Marcotte

Kellie Snyder

@theBar Podcast Welcomes New Hosts By Ann Glynn, CBA Public Affairs Director

T he CBA’s @theBar Podcast has been informing, educating, and entertaining listeners for years. Originally created to appeal to young law yers, the podcast has grown in popular ity, garnering a substantial audience while hosting notable guests and timely topics. The podcast features unscripted and informal conversations with notable guests on current events and interesting cases. Jonathan Amarilio, a partner at Taft Stettinius & Hollister in Chicago, has hosted the program along with a rotat ing group of CBA member co-hosts, including Trisha Rich, a partner at Hol land & Knight LLP; Maggie Mendenhall Casey, general counsel for the Commu nity Commission for Public Safety and Accountability, a City of Chicago agency; and Jennifer Byrne, director of Continu ing Legal Education for the CBA. “@theBar has spent years distinguish ing itself as one of the premier bar asso

ciation podcasts in the country and now has an audience of tens of thousands of regular listeners from around the world,” said Rich. The podcast now welcomes a new group of hosts, each bringing unique backgrounds and fresh perspectives. From personal injury law to innovative legal practices, the new hosts of @theBar include Tracy Brammeier, a partner at Clifford Law Offices; Nikki Marcotte, a litigation associate at Kirkland Ellis; Mathew Kerbis, founder of Subscrip tion Attorney LLC; and Kellie Snyder, an attorney at Stein & Stein Ltd. Brammeier explained, “The podcast is an important part of the CBA’s efforts to foster a strong sense of community within the Chicago legal system. I hope hearing familiar voices discussing interesting and important topics and events – both nation ally and locally – gives a feeling of connec tion for current and prospective members.”

Many high-profile guests have joined the program in the past, including the prosecutor from the “Operation Family Secrets” mob trial; retired Judge Bill Kunkle, the prosecutor on the John Wayne Gacy case; Dick Schultz; the prosecutor on the Trial of the Chicago 7; special prosecutor Dan Webb discuss ing the Jussie Smollett investigation; and Amanda Knox on wrongful conviction and criminal justice reform. In the new season, the podcast will tackle subjects including fraudster-attor ney Tom Girardi of Real Housewives of Beverly Hills fame, lawyers who act and entertain, transgender prisoner rights, and lawyer bullying. Distributed by the Legal Talk Network (LTN), the nation’s premier legal pod cast network, the podcast is available for download from Apple and Spotify. Check out the podcast here at legaltalknetwork. com/podcasts/chicago-bar.

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CLE & MEMBER NEWS Did you know that the CBA has over 70 practice area committees and 29 young lawyer committees that meet monthly during the noon hour (most via live webcast, plus in-person and hybrid options) to keep members up-to-date on practice developments, new court procedures, and helpful practice tips? Over 50 new meetings are available each month featuring judges, legal experts, and business leaders. And best of all, meeting presentations are free and offer about one hour of free IL MCLE credit if watched live (most meeting presentations are also archived at learn.chicagobar.org, but archives do not qualify for IL MCLE credit). Meeting participation also allows you to connect with colleagues and other thought leaders to share CBA and YLS Practice Area Committees: In-Person and Virtual

information, develop new business relationships, meet potential mentors, create support networks, and more. There are never any extra fees to join CBA or YLS committees. New members are always welcome. Join at www.chicagobar.org and check the CBA eBulletin every Thursday for upcoming committee meetings, speakers, and topics. Any CBA member may attend any committee meeting to earn free Illinois MCLE credit, but by joining a committee you will receive meeting information, seminar announce ments, and other special notices related to your practice areas directly from your committees via email.

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Save on LexisNexis, LawPay, Amata Law Office Suites, Clio, Infotrack, LEX Reception, Mycase, Paragon Tech, Simple Law, SoFi, UPS, legal software, and more! Visit www.chicagobar.org/save for more infor mation and links to our discount providers. These programs have

been negotiated to provide savings and special offers as a value added benefit of your CBA membership. Make the most of your membership investment and check out these savings.

We Want to Hear from You! Share Your Expertise and Enhance Your Resumé

Join us in creating valuable resources by sharing your expertise, insights, and stories. By sharing your experiences with our associa tion, you can inspire others, build your professional reputation, and contribute to the growth of our community. These also provide great exposure and well-deserved recognition for participating members. Here are just a few ways to contribute and establish yourself as a thought leader in the legal community. • Speak at seminars and practice area committee meetings, email cle@chicagobar.org. • Submit an article for the CBA Record, email CBARecord@chica gobar.org.

• Write for our young lawyer blog, email yls@chicagobar.org. • Participate in our legislative program, email jvyverberg@chica gobar.org. • Offer tips/training on law practice management and legal tech nology, email cle@chicagobar.org. • Evaluate judicial candidates, email plubinski@chicagobar.org. • Mentor a young lawyer, email eanderson@chicagobar.org. If you have questions about other ways to participate in the CBA or Young Lawyers Section, please email membership@chicagobar.org Thank you for sharing your time and talent!

Update Your Contact Info, Employment Setting, and Practice Areas to Receive Updates

If you recently moved, joined a new firm, created a new email account, changed practice areas, etc., please take a moment to update your member profile. Add your employment setting and practice areas to receive notices regarding seminars and other

events that relate specifically to you. You can do this online at www.chicagobar.org in your membership account. If you have any problems logging in or updating your profile, email membership@ chicagobar.org.

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CBA RECORD 15

Clarence Darrow and the Leopold and Loeb Case: Legal Ethics in Action

By Judge Jasmine V. Hernandez, Circuit Court of Cook County, and Mohammad Barakat, Law Clerk to Judge E. Kenneth Wright, Jr. C BA Municipal and the Law Committee recently hosted James Grogan to discuss legal ethics, specifically con flicts of interest. Grogan’s presentation highlighted lawyer

Clarence Darrow and his representation of Nathan Leopold Jr. and Richard Loeb in 1924, when the young men were accused of kidnapping and killing 14-year-old Bobby Franks. Grogan, an Illinois lawyer and educator, now concentrates his practice in professional responsibility and legal ethics law after retiring in 2019 as the Deputy Administrator and Chief Counsel of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC). He also serves as an adjunct professor at Loyola University Chicago School of Law. In the summer of 1924, Darrow took on the case of both Leo pold and Loeb, the teenage sons of two wealthy Chicago families who were accused of kidnapping Franks from their Kenwood neighborhood and killing him. Despite this obvious conflict of interest and accompanying ethical concerns, Darrow gave proper disclosures and received informed consent from both clients. Grogan noted that their consent may not have been given had Leopold and Loeb not thought so highly of themselves. Leopold was a law student at the University of Chicago about to transfer to Harvard Law School. Loeb was the youngest gradu ate ever from the University of Michigan; they were 19 and 18, respectively, when they were arrested. Believing themselves to be more intelligent than the rest of the world, they planned to commit a murder and get away with it, thereby demonstrating their superior intellect. After scheming for months, Leopold and Loeb decided their perfect murder involved kidnapping a boy and making people believe that he was taken for ransom and would not be killed— although in actuality, the child would already be dead. Armed with their supposedly fail-safe plan, the defendants selected their victim, Franks, their neighbor who happened to be outside the day they implemented their scheme. After some convincing, the defendants lured Franks into their vehicle where one drove the vehicle to a predetermined location near Hammond, Indi ana, while the other attacked Franks. After disposing of Franks’ body, the defendants returned to Chicago and made their ransom demand. However, the body was discovered earlier than they anticipated by a passing workman. This early discovery foiled their plan to collect the ransom. Also, police found a pair of glasses near Franks’ body that they assumed belonged to the boy. However, Franks never wore glasses. This revelation and the ensu ing investigation ultimately led officers to Leopold and Loeb. Both men were questioned; they had picked up two women

in Chicago using Leopold’s car, then dropped them off some time later when they could not get what they wanted from them sexually. Their alibi was later exposed as a lie when Leopold’s chauffeur told police that he was repairing Leopold’s car while the men claimed to be using it. They both later confessed to the murder. Loeb was the first to confess; he asserted that Leopold had planned everything and had killed Franks in the backseat of the car while he, Loeb, drove. Leopold’s confession followed shortly thereafter; he insisted that he was the driver and Loeb the murderer. Their confessions otherwise corroborated most of the evidence in the case. Despite a clear conflict of interest and ethical dilemma, Darrow represented both Leopold and Loeb. Between the evi dence against the boys and their confessions, Darrow informed them it was in their best interest to plea, otherwise possibly face the death penalty. Darrow’s closing argument to the judge during sentencing lasted 12 hours; he stressed that no one under the age of 21 had been given the death penalty in Illinois. Ultimately, both defendants were sentenced to life in prison. Years later, Loeb died in prison after being stabbed; Leopold was eventually paroled in the 1950s. Led by co-chairs Judge E. Kenneth Wright, Jr. and Nicholas Frisone, the CBA Municipal and the Law Committee meets in person the first Wednesday of every month. To join the commit tee, sign up at www.chicagobar.org or send an email to Meredith Loehr at mloehr@chicagobar.org.

16 January/February 2025

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CBA RECORD 17

Pro Bono Week Encourages Chicago Lawyer to “Get in Motion”

M ore than 500 people attended the CBA/CBF Pro Bono Week 2024 seminars, social events, and Pro Bono and Community Service Fair. Pro Bono Week is held annu ally to celebrate and support the impressive pro bono work that lawyers and legal professionals in Chicago’s legal community do every day. These events also help raise public awareness of the many ways our legal community is making a positive impact on

the lives of people in need throughout the Chicago area. This year’s programming focused on the theme of “Pro Bono in Motion.” Thank you to everyone who helped make the 20th Anniver sary of Pro Bono Week a success. Special thanks to the 2024 co chairs Josie Gough, Burke Burns & Pinelli, Ltd. and CBA Board of Managers Member, and Melissa Picciola, Legal Aid Chicago, for their outstanding leadership.

Pictured from left at the “Connecting through Community” semi nar: Pro Bono Week Co-Chair Melissa Picciola, Legal Aid Chicago; Caroline Manley, Center for Disability and Elder Law; and Mytrang Nguyen, Legal Services Corporation

Pictured from left at Breakfast with Judges: Justice Rena Van Tine, Illinois Appellate Court; Justice Jesse Reyes, Illinois Appellate Court; Judge Nichole Patton, Circuit Court of Cook County and CBA 1st Vice President; and Pro Bono Week Co-Chair Josie Gough, Burke Burns & Pinelli, Ltd.

The 31st Annual YLS Pro Bono & Community Service Fair, gener ously hosted by Skadden, Arps, Slate, Meagher & Flom LLP, fos tered connections between 30 legal aid and community service organizations and lawyers looking to give back in our community.

Chicago lawyers shared justice-related stories at the annual Story Slam at Revolution Brewing.

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ABOUT THE PROGRAM LEADERSHIP INSTITUTE The Chicago Bar Association The Leadership Institute is designed to enhance the leadership skills and foster the professional growth of emerging leaders within Chicago’s legal community. Get the practical knowledge and business development strategies necessary to attain and be successful in significant leadership roles. Sessions feature dynamic faculty, interactive skill building exercises and networking opportunities. Our 2025 cohort begins April 16 and runs through June 4. Applicants must be an Illinois attorney with at least 3 years of experience, but not more than 10 years. Session locations vary, with most held at the CBA, 321 S. Plymouth Ct. Chicago, IL 60604. “ The secret to success is good leadership, and good leadership is all about making the lives of your team members or workers better.” - NFL Hall of Fame Coach Tony Dungy

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See application, full schedule and fees at www.chicagobar.org/Leadership. Email questions to jbyrne@chicagobar.org.

CBA RECORD 19

Chicago Bar Foundation Report

Building a Fairer and Better Justice System Together in 2024 By Emme Veenbaas, CBF Senior Manager of Communications & Events

T he CBF continues to make a remarkable impact in the Chicago area and beyond thanks to your strong support. Together with your fellow CBA members and our broader legal community, we are making it possible for thousands of people in need to get critical legal assistance while also building a fairer and better justice system for everyone. Below are just a few examples of how your support made a difference over the past year and continues to do so into the new year.

Cook County Legal Aid for Housing and Debt (CCLAHD) Program Continues to Make an Impact The CBF continues to be a lead partner with the Circuit Court, Cook County, the City of Chicago, and many other legal aid, government, and community partners in developing and manag ing this groundbreaking program. It provides critical legal help and other assistance for people facing evictions, consumer debt challenges, foreclosure, and other housing issues. CCLAHD completed its third full year of providing services, and in June 2024, the lead partners presented a formal impact report on the program (available on the CBF website) to the Cook County Board. The report highlighted the tremendous impact this nationally recognized program has made since its launch, helping more than 80,000 people in need and transforming the court process for eviction, consumer debt, and foreclosure cases. Launched in early 2024, the Above the Line Network (ATLN) is working to improve access to affordable legal help for the middle class. ATLN brings together leaders across the United States and Canada, including incubators, nonprofit and sliding scale law firms, innovative private practitioners, members of the judiciary and access to justice commissions, bar leaders, and legal educators and technologists. Led by the CBF and IAALS (the Institute for the Advancement of the American Legal System), ATLN already has over 100 mem bers committed to improving responses to the needs of people in the middle class, who represent more than 50% of our nation’s Above the Line Network Increases Access to Justice for the Overlooked Middle Class

population. Their income is too high to qualify for free legal aid but struggle to find affordable legal help when they need it.

Advocating at the State and Federal Levels

The CBF continued to advocate for access to justice initiatives in Springfield and Washington, DC, in partnership with the CBA, ISBA, and ABA. At the state level, the CBF continued to advo cate for funding for legal aid and court programs and initiatives to streamline and simplify the court process. Priorities at the fed eral level included increased funding for the Legal Services Cor poration; ensuring adequate funding and security for the federal courts; and passing a long-term, sustainable solution to the stu dent debt crisis. From left to right at the State Capitol: CBF Board member Randy Fearnow; CBF Executive Director Bob Glaves; CBF Advocacy Com mittee member Amy Masters; CBF Board member and Advocacy Committee Chair Ian Morrison; CBA Legislative Counsel Tom Suf fredin; CBA Legislative Director Julie Vyverberg; and CBF Chief Advocacy & Innovation Officer Roya Samarghandi.

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Another Great Year for the Investing in Justice Campaign More than 4,000 lawyers and legal profes sionals came together to contribute more than $1.45 million to the 2024 Investing in Justice Campaign. With the exemplary leadership of Bob Rivkin, Senior Vice President and Chief Legal Officer at United Airlines, 130 law firms, corporate legal departments, and other law-related organizations participated in this year’s campaign to help raise awareness and much-needed funds. The campaign has raised more than $20 million to date while leveraging millions more in additional support for the pro bono and legal aid organizations serving the Chicago area. Bob Rivkin

With the leadership of co-chairs Josie Gough from Burke, Burns & Pinelli Ltd. and the CBA Board of Managers and Melissa Picciola from Legal Aid Chicago, this year’s CBA/CBF Pro Bono Week was a fitting tribute to celebrate the 20th Anniversary in Chicago. The 2024 theme was “Pro Bono in Motion,” and fea tured inspiring programs and events highlighting the many ways attorneys can get involved in pro bono in Chicago and beyond.

Celebrating Our Community’s Pro Bono and Public Service Heroes

From left to right: CBF Board President Sang-yul Lee; 2024 Fall Benefit Co-Chairs David Kim and Beth Kaveny; and CBA President John C. Sciaccotta.

More than 450 people gathered in July to honor seven unsung heroes in our legal community at the CBA and CBF’s 26th Annual Pro Bono and Public Service Awards Luncheon. A signature event in our legal community, the program again underscored that no matter where we are in the legal profession, we have a unique abil ity to make our community a better place by improving access to justice for people most in need. Over 500 people attended the CBA/CBF Pro Bono Week pro grams and events to celebrate and support the impressive pro bono work that lawyers and legal professionals in Chicago’s legal com munity do every day. The CBA and CBF hosted the first Pro Bono Week in 2005 under the leadership of then-CBA President Justice Michael B. Hyman. Inspired by its success in Chicago, the Ameri can Bar Association later launched what is now a thriving National Celebration of Pro Bono. From left to right: John C. Sciaccotta, CBA President; Lisa Palumbo, Legal Aid Chicago; Mike Lehrman, Baker McKenzie LLP; Corina Oprea, Mondelez International, Inc.; John “Jay” Reidy, AT&T; Natiera Robinson, Ascend Justice; William J. Barrett, Barack Ferrazzano Kirschbaum & Nagelberg LLP; Jenna Stupar, Kirkland & Ellis LLP; Sang-yul Lee, CBF Board President; Kate Mitchell, Loyola University of Chicago School of Law. 20th Anniversary Celebration of Pro Bono Week a Rousing Success

Scales of Justice performing at the 28th annual Fall Benefit at Griffin Museum of Science & Industry.

Fall Benefit Kicks Off Holiday Season More than 2,000 People Helped Kick Off the Holiday Season at the CBF Fall Benefit More than 2,000 people came together for the 28th annual CBF Fall Benefit at the Griffin Museum of Science & Industry to support the CBF and celebrate another impressive year of work in advancing access to justice for people in need in the Chicago area. It was an all-access night at the museum for everyone who attended, including Christmas Around the World on its opening day and this year’s special exhibit 007 Sci ence: Inventing the World of James Bond. Special thanks to Co Chairs Beth Kaveny of Kaveny & Kroll, LLC, and David Kim of Griffith Foods, and all our generous sponsors who continue to make this great event possible.

Emme Veenbaas is The Chicago Bar Foundation’s Senior Manager of Communications & Events..

CBA RECORD 21

for Women Committee? In addition to holding monthly meetings, the Alliance also sponsors social events such as Wine Down Wednesdays and the Girl Scouts’ Project Law Track. All members are wel come to get involved with the group, whose programming focuses on advanc ing women in the law. To join, go to www. chicagobar.org/committees or email Rina Yamazaki at ryamazaki@chicagobar.org. Major Milestone Law Bulletin Media is celebrating 170 years of serving the Chicago legal commu nity. The company has been owned by the Macfarland family for 145 years, making it one of the oldest continuously owned private businesses in Chicago. To put this inaugural date into perspective, when the company was founded, the combined Cook County courthouse and City Hall had just opened, and Abraham Lincoln was delivering an anti-slavery speech just a few blocks away. Since 1854, legal professionals have relied on the Chicago Daily Law Bulletin for the latest news, essential court information, changes in case law, and pending legislation, as well as expert analysis in specific practice areas. Congratulations! Congratulations To the recipients of the Lawyers in the Classroom’s Third Annual Civic Appre ciation Awards: Baker Hostetler|Skinner North Classical ; C ook County State’s Attorney’s Office – Markham|Prairie Hills Junior High ; and Hughes Socol Piers Resnick & Dym, Ltd.|Barton Ele mentary … To Judge Michael J. Zink on his appointment as an At-Large Judge of the Circuit Court of Cook County, fill ing the vacancy created by the retirement of Judge David Haracz ; and to Judge D’Anthony (Tony) Thedford on his appointment as an At-Large Judge of the Circuit Court of Cook County, filling the vacancy created by the retirement of Judge Paul Karkula …to Illinois Judges Asso ciation President Judge Mary Colleen Roberts on her retirement from the bench…Former Assistant U.S. Attorney April M. Perry was confirmed by the U.S. Senate as a federal judge… First District

THE CBA PULSE

BY BETH McMEEN, CBA EXECUTIVE DIRECTOR

Pictured at the 2024 Domestic Violence Summit, from left: ISBA Immediate Past President Shawn Kasserman, CBA Executive Director Beth McMeen, CBA Board of Managers Member Judge Kenya Jenkins-Wright, CBA President John C. Sciaccotta, Activist Denise Brown, ISBA President Sonni Choi Williams, ISBA Board of Governors Member Emily N. Masalski, and Illinois Supreme Court Com mission on Professionalism Executive Director Erika Harold.

Black History Month In recognition of Black History Month, the CBA Record is presenting a spe cial CLE on the Illinois Crown Act on Wednesday, February 19, 2025, from 2:00-3:30 p.m. Members can sign up at Learn.ChicagoBar.org. Enjoy a Musical Night Out The CBA Symphony Orchestra and Chorus, comprising members of Chica go’s bench and bar, will perform a concert on Saturday, March 1, 2025, at 7:30 p.m. at St. James Episcopal Cathedral (Wabash & Huron). All members and their guests are invited to the performance. Advance tickets are on sale for $15 at cbamarch. eventbrite.com. Reinvent Your Legal Career The CBA’s Career Advancement Program featuring Career Counselor Kathy Morris of Under Advisement Ltd. is in full swing. CAP is designed to help members of all experience levels and backgrounds move

forward in their careers. Kathy has been helping lawyers of all skill levels and prac tice areas navigate the Chicago legal job market for decades. Her next one-on-one career counseling day will be held on Jan uary 22 and her next career-focused CLE is scheduled for February 20 at noon. You can find registration details at www.chica gobar. org (under the Careers tab). New Year, New Insurance? CBA Insurance Agency has been provid ing quality insurance solutions to attor neys and law firms since 1993, including legal malpractice, health, cyber, and life insurance. The start of a new year is a great time to examine your coverage and to get a free quote to see if we can save you money. Visit www.cbainsurance.org for complete information on our offerings. Email Tyler Sill at tsill@chicagobar.org to schedule a call to go over your individual needs. Alliance for Women Are you a member of the CBA’s Alliance

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