CBA Record

presidents. In his own view, however, it was the Court that changed more than he did, becoming far more conservative over time. Nonetheless, Judge Williams questioned Justice Stevens about several areas of the law in which his views clearly evolved during his decades on the Court, such as affirmative action programs, of which he grew more accepting, and the death pen- alty, which he ultimately concluded was unconstitutional. In his later years on the Court, Justice Stevens voted to expand the rights of detainees at Guantanamo Bay, Cuba, and he now believes those who have been held in captivity but are not deemed a security threat should receive some form of repara- tions from the federal government, without having to first proceed through the U.S. legal system. Since his retirement from the Court in 2010, Justice Stevens has remained extremely active. In addition to exercis- ing regularly and delivering speeches throughout the country, Justice Stevens has written two books and is currently working on his memoirs. His first book, “Five Chiefs,” discusses the history of tion of the six-year period of repose. Courts had interpreted the statute of repose to apply only to claims brought by clients. Under Evanston Insurance , Section 13-214.3 is not limited to claims asserted by a client, but also applies to claims asserted by non-clients. In reaching its holding, the Illinois Supreme Court also stated that under the express language of the statute, “it is the nature of the act

the Supreme Court under the past five Chief Justices, including Justices Burger, Rehnquist and Roberts, with whom he served on the Court. His second book, “Six Amendments: How and Why We Should Change the Constitution,” proposes six amendments to the United States Consti- tution, including limiting the scope of the Second Amendment, abolishing the death penalty, imposing restrictions on campaign financing, and restricting the practice of political gerrymandering. Not surprisingly, Justice Stevens believes strongly that many of the nation’s most serious problems could be alleviated by adopting the six amend- ments proposed in his book. The program concluded with Justice Stevens offering some practical advice on life and lawyering. For example, he believes that lawyers should adopt a unique practice, always be prepared, perform a significant amount pro bono work, take a personal interest in people, and express appreciation for others’ hard work. These lessons have obviously served Justice Ste- vens well, as he remains a revered figure among his former law clerks and many in the Chicago legal community. or omission, rather than the identity of the plaintiff, that determines whether the statute of repose applies to a claim brought against an attorney.” Commentary Evanston Insurance re-emphasized two important thoughts for practitioners: First, the statute of repose is unforgiv- ing; second, unsettled questions of law are hazardous. Evanston Insurance knew or should have known that Sec- tion 13-214.3 of the Code of Civil Procedure applied to its claim against Riseborough and that it was ambiguous, thus unsettled. It should have protected itself. Initially it did protect itself but then apparently failed to do so. The opinion provides a reminder to practitioners that they must exercise caution in unforgiving and unsettled areas of the law.

WHAT’S YOUR OPINION? Send your views to the CBA Record, 321 South Plymouth Court, Chicago, IL 60604. Or you can e-mail them to dbeam@chicagobar.org.The magazine reserves the right to edit letters prior to publishing.

Justice Stevens continued from page 10

In 1970, President Nixon appointed Jus- tice Stevens to a seat on the Seventh Circuit, based upon the recommendation of Senator Charles Percy, Stevens’s friend and former classmate at the University of Chicago. Five years later, President Ford nominated Stevens to succeed retiring Justice William O. Douglas on the Supreme Court, and Stevens won unanimous Senate approval only 19 days after his nomination. During his lengthy tenure on the Court, Justice Stevens gradually emerged as one of its leading, liberal voices, even though he had twice been appointed by Republican The precise scope of Section 13-214.3 had been a key area of confusion. In this case, Riseborough committed the malprac- tice when he signed the “Fund and Fight Agreement” without authority on October 23, 2000. Evanston filed its complaint on December 23, 2009. If the statute of repose of Section 13-214.3 applied to a non-client, it would bar Evanston’s suit as having been filed more than three years after the expira- Ethics Extra continued from page 49

Don’t Miss The Centenarians On October 16, the Barristers Big Band will swing to the “The Centenarians,” a free concert celebrating the lives and music of three giants of jazz born 100 years ago: Billie Holiday, Billy Strayhorn, and Frank Sinatra. Starting at 6:00 pm at the HaroldWashington Library Center’s Cindy Pritzker Auditorium, the band will take you on a wondrous journey, with tunes including: Billie Holiday’s Lover Man, God Bless the Child, and Strange Fruit; Billy Strayhorn’s Lush Life, So This is Love, and Blood Count; and Frank Sinatra’s Come Fly With Me, All of Nothing at All, and You Make Me Feel So Young. Mark your calendars and plan for a fabulous evening of music!

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