CBA Record May-June 2021
MAY/JUNE 2021 CBA
Inside the Issue: Lawyer Mental Health &Well-Being
Margaret Battersby Black
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CBA RECORD CONTENTS
May/June 2021 • Volume 35, Number 3
4 Editor’s Briefcase ChooseWellness 6 President’s Page
INSIDE THIS ISSUE 20 Be the Change: Prioritizing Lawyer Well-Being By Jeffrey Bunn 22 Four Building Blocks to Mindfulness: Present Yourself with a Present of the Present By Brendan Cournane 24 Lawyer’s Guide to Taking Control of Your Self-Care Routine By Erin Clifford
Advancing the Rule of Law Now
8 CBANews 16 Chicago Bar Foundation Report 18 The Pulse 41 LPMT Bits & Bytes The New Remote Landscape 42 Legal Ethics Virtual Law Practice: The NewNormal
27 Coaching: Helping Unlock Your Own Potential By Susan B. Silverman
29 Staying Healthy During the Pandemic By Judge E. Kenneth Wright, Jr.
30 How I am Achieving Calm During Anxious Times By Bonnie McGrath
YOUNG LAWYERS SECTION
32 Magnum Opus
By Jeffrey Moskowitz, YLS Chair
33 Systemic Wellness vs. The Status Quo By Shelley Sandoval
36 From the Bench: Judge Jill Rose Quinn By Kenneth Matuszewski
38 YLS Law & Debate Club More Popular than Ever During Year of Remote Learning By Ann Glynn
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.
MAY/JUNE 2021 CBA
“Light andHope”by Retired Executive CBADirector TerrenceMurphy is the artist’s reflectionof humanity’s untold loss, suffering and sorrow from the ongoing pandemic with hope for the future. The painting’s forest scene and vivid sunrise is a tranquil reminder that human dignity is universally grounded in our mutual respect for the rights and lives of each other. It is one thing that binds society together and makes us all better.
Inside the Issue: Lawyer Mental Health &Well-Being
O nce during an exam, a doctor told me about the burdens he faces daily and how he perseveres, nevertheless. “Every day brings new problems, new headaches,” he said. “It plays with my head and my body. You have no idea.” Yes, I said to myself, I have no idea, but you, doctor, have no idea how tough it is for a lawyer with a demanding practice. A few weeks later I saw a headline in a bar magazine that struck me: “Law is easy. Life is hard.” At that moment, I realized what the doctor was telling me. Medicine is easy. Life is hard. How each of us acts and reacts to the vagaries, vicissitudes, and strains of life in the 21st Century has much to do with lawyer well-being. And technology has only complicated – not simplified – the lives of lawyers, piling on stress and keeping their lives out of balance. This might explain why so many lawyers identify as unhappy or unhealthy or both. Consider, for example, last year’s ABA annual profile of the profession. Almost half the respondents reported that they either “never stop working” or work long hours. A quarter admitted to rarely taking breaks during the workday. A third felt compelled to forgo vaca- tions. Several respondents expressed “an underlying theme of unhappiness, frustration, and fear stemming from loan burdens.” Also mentioned were struggles with mental health and depression, difficulty saving for the future or retirement, and the need to make uncomfortable choices regarding healthcare for themselves or their family. All of this should cause a collective gulp. Yet, the same somber message was delivered 15 years ago by legal scholars Jean Stefancic and Richard Delgado in How Lawyers Lose Their Way: A Profession Fails Its Creative Minds , “Lawyers complain that they have no life, no time for exercise or leisure pursuits, and precious little time for family.” Nothing seems to have changed in the intervening years. According to Stefancic and Delgado, the misery gets underway in law school. “Law students experience many of the same symp- toms—frequent bouts of illness, problems with relationships, weight gain or loss, bitterness and withdrawal, use of chemical crutches including drugs—that their elders in law practice do.”They note, “Practically every law student agrees that law school made him or her more argumentative.” Then come the pressures of the practice of law, and everything gets even more complicated, competitive, and combative. Stefancic and Delgado point to “harried lawyers [who] snap and snipe at each other and practice dirty tricks,” long work hours that rob lawyers of “time for personal pursuits or their families,” daydreams “of leaving the law for a different calling,” and the physical and mental toll of “unrelieved stress combined with hasty meals and lack of exercise.” The authors also delve into substance abuse and addiction, depression and suicide, and burnout and dropout, problems that mainly affect legal professionals. (By the way, they believe firm size makes little difference.) Plenty of warnings on work-life imbalance, job stress, psychological distress, and related topics have been sounded over and over. But far too many lawyers continue to downplay their vulnerabilities, their pains, their ailments. They despair rather than self-care. They conceal rather than heal. They let it happen, and emotionally and physically suffer the consequences. As do others. Clients. Work product. Colleagues. Family and friends. Opponents. Now add the disruptions and uncertainties we lawyers have had to endure both person- ally and professionally during the Covid-19 pandemic, and it is a wonder any of us remains functional. There is a choice, however. As the saying goes, “Your money or your life.” Choose wellness. BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF Choose Wellness 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 Alexander Passo Latimer LeVay Fyock LLC Kaitlin King Hart David Carson LLP
Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Of fi ce 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 Of fi ce Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Of fi ce of Bonnie McGrath Clare McMahon Law Of fi ce of Clare McMahon Pamela S. Menaker Clifford Law Of fi ces Kathleen Dillon Narko Northwestern Pritzker School of Law Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins
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
4 May/June 2021
PRESIDENT’S PAGE BY MARYAM AHMAD Advancing the Rule of Law Now
The Chicago Bar Association www.chicagobar.org
I n 1958, President Dwight Eisenhower recognized May 1 as Law Day, to mark the role of the rule of law in the for- mation of the United States. The idea to celebrate Law Day originated with Charles Rhyne, Eisenhower’s onetime legal counsel, who served in 1957-58 as the president of the American Bar Association. Law Day provides an opportunity to understand how law and the legal process protect our liberty, help us strive to achieve justice, and con- tribute to the freedoms that all Americans share. Law Day is not just a celebration for those who work in the legal profession. Law Day promotes reflection on the role of law in our country. This year’s LawDay theme is “Advancing the Rule of LawNow.”The ABA relates that this theme should remind us that we, the people, share the responsibility to promote the rule of law, defend liberty, and pursue justice. While there are competing defini- tions about what constitutes the rule of law, several principles remain consistent. The rule of law means that no one is above the law. Taken in its broadest sense, this means that laws apply to and must be followed by everyone, regardless of position or social status. It also requires that citizens respect and comply with legal norms, even when they disagree with them. A commitment to the rule of law means that laws are just and protect the fundamen- tal rights of the individual. For instance, the Bill of Rights was passed because concepts such as freedom of religion, speech, equal treatment, prohibition against unlawful searches and seizures, and due process of law were deemed so important that, barring a Constitutional Amendment, not even a majority should be allowed to change them. The rule of law also comprises ideals such as predictable, clear, and non-arbitrary laws – meaning that laws must be open and the public adequately informed. The rule of law
also necessitates an independent judiciary. Alexander Hamilton noted in The Federal- ist #78 that courts “were designed to be an intermediate body between the people and their legislature.” Courts play an integral role in maintaining the rule of law and to ensuring equality before the law. During this time of reflection on the importance of the rule of law, one cannot help but recall the assaults and incursions upon the rule of law during this past year. When principles that form the foundation of the rule of law are violated, again, lawyers and judges must challenge those abuses; we are the defenders by oath and profession of these edicts. The rule of law is violated when a mob storms Congress and attempts to prevent the certification of the country’s presidential election. The rule of law is desecrated when a uniformed police officer kneels on the neck of an arrestee, killing him. The rule of law is breached when gov- ernment officials disregard court orders. The rule of law is infringed when some offenders are prosecuted for their crimes but politi- cally connected people are not punished for theirs. The rule of law is violated when politics, dark money, and special interests influence judicial elections, threatening the impartiality of those charged with interpret- ing the law fairly for everyone. President Eisenhower said it best 63 years ago: “In a very real sense, the world no longer has a choice between force and law. If civilization is to survive it must choose the rule of law.” Advancing the rule of law now, means that we must look at ourselves as a profession. To advance the rule of law now, attorneys and judges must rebuke, not foster or perpetuate, falsehoods, unequal treatment under the law, and lack of accountability to the law. It is easy, at times, to focus on the impediments to rule of law and to become cynical about, and disheartened by, its abuses. Yet, it is in
President Maryam Ahmad
First Vice President E. Lynn Grayson
Second Vice President Timothy S. Tomasik
Secretary Ray J. Koenig III
Treasurer John C. Sciaccotta
Executive Director Elizabeth A. McMeen
Immediate Past President Jesse H. Ruiz BOARD OF MANAGERS Jonathan B. Amarilio Hon. Charles S. Beach II Alexis Crawford Douglas Charles P. Golbert Kathryn C. Liss Michael R. Lufrano Hon. Clare Elizabeth McWilliams
Juan Morado, Jr. Lauren S. Novak Hon. Nichole C. Patton Brandon Peck Ashley Rafael Trisha Rich Antonio M. Romanucci Ajay N. Shah
Hon. Maria Valdez Adam M. Zebelian
6 May/June 2021
times such as these that lawyers and judges must assume their responsibility to step up to defend and advance the rule of law robustly, not quietly. The Chicago Bar Association is devoted to advancing the rule of law and works via continuing legal education, activities, com- mittees, legislation, and public education to foster a society in which serious disputes are settled in the courts, not in the streets. Many of our members work quietly behind the scenes fighting valiantly for the rule of law and for the equitable application of its principles.
As my term as president draws to a close, I reflect with great pride on the achievements of our members during this past year. Even a global pandemic, limited access to courts, and periodic national and local turmoil could not sway the CBA from its mission. It has been the honor and privi- lege of a lifetime to serve the CBA as its 147th president. I could not have fulfilled this role without the well-respected attor- neys and judges who comprise the CBA’s Board, Executive Committee, and com- mittee leadership. I would like to recognize the CBA’s outstanding professional staff,
including Beth McMeen, Executive Direc- tor; Sharon Nolan, Director of Marketing; Ricardo Islas, Media Director; Therese Kurth, JEC Administrator; and Ann Glynn, Director of Public Affairs. While I am stepping to the side as president, I am not stepping out of the fight to protect, defend, and advance the rule of law. I look forward to continuing to support the CBA leadership, and particularly, our incoming president, E. Lynn Grayson. Thank you for allowing me the opportunity to serve The Chicago Bar Association.
The CBA recently held a new CLE focused on “Preserving the Rule of Law: Constitutional Allegiance and Judicial Independence” featuring from top left: CBATreasurer TimothyTomasik, Tomasik Kotin Kasserman; CBA President MaryamAhmad, Cook County State’s Attorney’s Office; Michael T. Reagan, Law Offices of Michael T. Reagan; and Federico M. Rodriguez, Rodriguez Legal Group. Watch the on demand video at learn.chicagobar.org.
Thank You to the 2020-21 CBA Officers & Board of Managers!
OFFICERS: Maryam Ahmad PRESIDENT E. Lynn Grayson FIRST VICE PRESIDENT Timothy S. Tomasik SECOND VICE PRESIDENT Ray J. Koenig III SECRETARY John C. Sciaccotta TREASURER
BOARD OF MANAGERS Jonathan B. Amarilio • Hon. Charles S. Beach II • Charles P. Golbert • Kathryn Carso Liss • Alexis Crawford Douglas • Michael R. Lufrano • Hon. Clare Elizabeth McWilliams • Juan Morado, Jr. • Jeffrey Moskowitz • Lauren S. Novak • Hon. Nichole C. Patton • Brandon Peck • Ashley Rafael • Trisha M. Rich • Antonio M. Romanucci • Jesse H. Ruiz • Ajay N. Shah • Hon. Maria Valdez • Adam M. Zebelian
CBA RECORD 7
CBANEWS 2021 Vanguard Awards Recognize Diversity Trailblazers
in the Legal Community By Ann Glynn, CBA Public Affairs Director T he Chicago Bar Association, along with many local area bar associa- tions, annually presents the Van-
by promoting access and diversity,” said CBA President Maryam Ahmad. Di st ingui shed award recipients included: Judge Tommy Brewer, Chicago Bar Association; Judge Gloria Chévere, Puerto Rican Bar Association; Judge Michael J. Chmiel, Advocates Soci- ety; Judge Megan Goldish, Decalogue Society of Lawyers; Judge Sophia Hall, LAGBAC, Chicago’s LGBTQ+ Bar Asso- ciation; Maggie Hickey, Women’s Bar Association of Illinois; Judge LaShonda A. Hunt, Black Women Lawyers’ Asso- ciation of Greater Chicago; Toi Hutchin- son, Cook County Bar Association; John
K. Kim, Asian American Bar Association; Vivian R. Khalaf, Arab American Bar Association of Illinois; Mary Carmen Madrid-Crost (posthumously), Filipino American Lawyers Association; Juan Morado, Jr., Hispanic Lawyers Associa- tion of Illinois; Tejas Shah, South Asian Bar Association of Chicago; and Virginia Yang, Chinese American Bar Association of Greater Chicago. Video from the awards ceremony and addi- tional information can be found at www. chicagobar.org/chicagobar/21Vanguard.
guard Awards to honor trailblazers who are leading the way to promote strength, professionalism, and diversity across the legal community. The Awards were co- hosted virtually this year to recognize those who have championed making the law and legal profession more accessible to and reflective of the community-at-large. “This celebration is a highlight for the Chicago legal community. It showcases the accomplishments of lawyers and judges who improve the legal profession
CBA Selects Presiding Judge of the Sixth Municipal District Tommy Brewer as its 2021 Vanguard Award Recipient
Judge Tommy Brewer was born in Chicago and reared in public housing on Chicago’s Southside. He attended Chicago public schools and is a graduate of Williams College and Northwestern School of Law. Brewer was one of four attorneys appointed as special prosecu- tors mandated to investigate allegations that members of the Chicago Police Department, led by Lieutenant Jon Burge, beat and tortured prisoners held in police custody from the late 1970s through the early 1990s. His career includes service in the offices of the Cook County State’s Attorney, the Massachusetts Attorney General’s Office, the Illinois Department of Professional Regulation, and the Federal Bureau of Investigation. He is presently the Presiding Judge of the Sixth Municipal District in Markham, Illinois.
8 May/June 2021
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A Candid Conversation with JudgeWilliam Bauer about His Friendship with Justice John Paul Stevens By Daniel Cotter, CBA Record Editorial Board J udges talking about another judge could be a run-of-the-mill chat. Not so when the conversation FBI expressed concern and told Stevens he would have to give up his plane. Ste- vens refused. Pictured from top left: Circuit Court Judge William H. Hooks, CBA President Maryam Ahmad, Senior Seventh Circuit Judge William J. Bauer, and Illinois Appellate Justice Michael B. Hyman.
sure mistakes were not made. Hyman asked Bauer to discuss the 1969 investigation of two Il l inois Supreme Court justices who had been accused of taking bribes. Stevens’s pros- ecution of the justices played a major role in his elevation to the 7th Circuit and then to the U.S. Supreme Court. The press became familiar with Stevens during that investigation, which resulted in the two justices resigning. Shortly thereafter, Illinois Senator Charles Percy, a college friend of Stevens, asked Stevens of his interest in joining the 7th Circuit Court of Appeals. Bauer said that although reluctant to leave his success- ful antitrust law practice, Stevens was convinced to become a judge. Bauer and Stevens were both life-long Cubs fans, though Southsiders. Stevens, in fact, was at the World Series game at Wrigley Field where Babe Ruth alleg- edly pointed to the bleachers and hit his “called shot” homerun. Bauer noted Stevens excelled at playing bridge, golf, and tennis and enjoyed swimming. Stevens also learned how to fly an air- plane—he became a good pilot with his own Cessna. When he was nominated to become a Supreme Court justice, the
Stevens was ecstatic about his nomina- tion to the Supreme Court. At that time, there was not anywhere near the frenzy around nominees there is today. Stevens was confirmed 98-0, just 19 days after his nomination. When Stevens began his lengthy tenure on the Court, he was seen as a centrist, but by the end of his tenure, he was deemed liberal. Bauer said Stevens told him he never moved, but the Court moved right. Stevens was known as being frank with his colleagues on the Court and was seen as a sort of maverick. Bauer noted he was a delight to be with, but he was adamant about his views and was known as a great dissenter. Indeed, Stevens dissented “any time he thought he should.” In particular, Bauer noted that Stevens’s dissents in the death penalty cases showed his heart and soul. Stevens was also a big First Amendment advocate, believing that part of the Constitution to be absolute. On these issues, except for flag burning, he was often aligned with Justice Antonin Scalia. Bauer said Scalia and Stevens were
involves 7th Circuit Court Judge Wil- liam Bauer recalling the personal and professional life of his long-time friend, U.S. Supreme Court Justice John Paul Stevens. The joint CBA and the Illinois Judges Association Zoom program was hosted by Cook County Circuit Court Judge William H. Hooks and Illinois Appellate Court Justice Michael B. Hyman. Stevens was a 7th Circuit judge when Bauer was sworn in as a district court judge. Bauer’s first hearing involved a TRO. His decision was overruled the next day – by Judge Stevens. Bauer rue- fully noted that Stevens was right. Stevens grew up in a family of lawyers. His father built the Stevens Hotel and the LaSalle Hotel, but the Depression hit the family hard. The family also had an interest in an insurance company. His father was accused, and convicted, of double dealing. Even though he was exonerated by the Illinois Supreme Court, Stevens never forgot that his dad had been wrongfully convicted, and as a result he reviewed cases carefully to make
10 May/June 2021
close friends until the end. Bauer expects that Stevens’s judicial reputation will continue to grow, and that 25 years from now, his time on the Court will be considered magnificent. Bauer told Hooks that he and Stevens would discuss cases that were decided by the Supreme Court, and sometimes they disagreed on legal questions. But, added
Bauer, they never disagreed on anything that impacted their friendship Hyman wondered what question Bauer would pose to Stevens if he could ask it today. Bauer responded, “Is he holding court in Heaven?” Hearing Bauer, a great storyteller and a magnificent judge in his own right, discuss his friendship with, and the career
of, Stevens was a treat. If you missed it, the video is available on demand at learn. chicagobar.org.
Daniel Cotter is the author of The Chief Justices, published by Twelve Tables Press.
CLE & MEMBER NEWS OnMay 13, new lawyerswereadmitted to thepracticeof law in Illinois via a special video conference ceremony hosted by Illinois Supreme Court Justice AnneM. Burke. To help introduce newadmittees to the legal profession, theCBAoffers freemembershipand freeCLE for one year. Other benefits include job search resources, how-to seminars, participation inpractice area and service committee activities, career CBA Welcomes May New Admittees It is membership renewal time at the CBA! This past year has been very challenging, but the CBA has stepped up to serve you in many new ways and will continue to do so in the coming bar year. Members weremailed an annual dues renewal statement in early April for the membership period June 1, 2021 to May 31, 2022. As a special incentive for renewing early, if your payment is received by May 31, you will receive two free West LegalEdcenter CLE coupons (emailed in June and January and canbe redeemed for CBA seminars hosted on theWest LegalEdcenter). Renewing is easy: online (www. chicagobar.org), by phone (312-554-2020), or by mail. A dues installment plan, financial hardship dues, and retired member rates are available (email email@example.com with requests). And best of all, there has been no dues increase for the 16th year in a row! All programs are now virtual at learn.chicagobar.org, giving you access to all CBA resources anytime and anywhere. The CBA is your ultimate legal network with resources that can help you: • Save time and money; • Access practical legal, business, and technology skills; • Keep pace with legal developments and trending topics; • Start/growyour practice throughbusiness development programs;
development services, mentoring and networking opportunities, social events, and much more. If you know a new lawyer who has not yet activated his or her complimentary membership, please encourage them to do so. Email firstname.lastname@example.org for more information.
Renew Your Membership and Receive FREE CLE Coupons! Dues Installment Plan, Financial Hardship Dues and Retired Rates Available
• Enhance your resume with speaking/writing/leadership opportunities;
• Prepare for career changes; • Find work/life balance; and • Give back to your community.
Newer benefits include: More free CLE on-demand 24/7, over 300 archived seminars, practice area updates related to the pandemic, CBAmediationservice, lawfirmmarketingandbusinessdevelopment programs, virtual judicial meet and greets, legal news feeds, personalized career counseling for all stages of your career, young lawyer blog and podcast series, how to’s on legal and business software, and more. Most of these benefits are free or very low cost. What’s Ahead: Expanded practice basics series, trial skills institute, practice area list servs, networking/business referral groups, social justice townhalls andvolunteer opportunities. Visitwww.chicagobar. org to see a complete list of what’s new at the CBA. We appreciate your past membership support and look forward to serving you in the coming bar year. Questions regarding dues statements should be referred to the CBA’s Membership Accounting Department at 312-554-2020 or email@example.com.
• Connect with local attorneys and judges; • Meet your IL MCLE requirement for free;
Unlimited CLE for Only $160 a Bar Year
The new CLE-Advantage Plan year begins on June 1, 2021 and includes most CBA, Young Lawyers Section and Law Practice Management & Technology (LPMT) Division seminars available at learn.chicagobar.org. This is an exceptional value, as one seminar
alone is $90 at the member rate. Sign up now at www.chicagobar. org under the Education tab, call 312-554-2056, or email seminars@ chicagobar.org.
CBA RECORD 11
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.
Personal Injury Case Referred Through Lawyer Referral Service Settles for $1.5 Million By Ann Glynn, CBA Public Affairs Director
T he CBA’s long-standing Lawyer Referral Service 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. The LRS has operated as a public service for nearly 80 years. Member attorneys provide counsel in consumer protection, personal injury, domestic relations, estate planning, real estate, and employment law, among other areas of practice. Recently, a personal injury case that came in through a call to the LRS in May 2018 was settled for $1.5 million. Regina Ether- ton, LRS Chair, was matched to the call. “As soon as the call came in, I knew this would be an important case,” said Etherton. “There was clear negligence by the defendants, and the plaintiff had not only suffered physically but was truly traumatized.” The plaintiff, a 56-year-old man, was injured when he was hit by a cable that fell 41 floors from a piece of building equip- ment at 150 North Michigan Avenue. He
suffered a herniated disc that required sur- gical repair. The defendants – the building owner and the engineering and scaffolding companies in charge of equipment testing – failed to properly secure the equipment and did not obtain the proper permits for the work. The plaintiff was treated at the hospital but once released, he and his wife were bombarded by calls and media requests. Unsure of what to do next, they called the Chicago Bar Association for help. The case was closed on March 31, 2021 for a cash settlement of $1.5 million. The CBA received $75,000 as its referral dues, pursuant to its rules. The Lawyer Referral Service has contin- ued to operate during Covid-19. During the past few months, there has been an uptick in calls relating to employment issues, nursing homes, and estate planning. LRS has more than 200 lawyers avail- able who are experienced in nearly every area of law. The LRS screens the initial inquiry and matches the caller 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. On the third Saturday of every month, the CBA sponsors the “Call a Lawyer” pro- gram 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 clients to the Lawyer Referral Service or consider joining the service to obtain legal referrals. “Joining the Lawyer Referral Service is a smart idea for any attorney looking to build or expand their book of business,” added Etherton.
For more information on the LRS program go to lrs.chicagobar. org/pages/for-lawyers or reach out to LRS Director Juli Vyverberg at email@example.com.
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The age of your spouse, the size of the company you work for, your income, themedications your take—all these factors help determine whichMedicare coverage is right for you. Schedule a 15-minute call with a licensed Medicare agent from IXSolu- tions at 888-239-4408 or visit www.ixshealth.com/pages/ cba-individual.
CBA RECORD 13
Building a Pandemic Recovery Plan: CBA Members’ Health andWellness By Nina Fain, CBA Record Editorial Board Member O ver the past year, as the pandemic has resulted in unprecedented life changes, CBA members
have been challenged to address the fundamental ways that their lives have been turned upside down. To discover the key issues impacting our community, the CBA surveyed members about their CBA participation in response to Covid- 19. Female members were surveyed to glean information about the impact of the pandemic on women attorneys. Data from both surveys reveals: • 61% have experienced a professional impact as a result of the pandemic; • 80% have experienced a familial or per- sonal impact as a result of the pandemic; • 67% reported familial or personal issues stemming from the pandemic have impacted them the most significantly, as compared to professional and financial issues; and • 62% indicated mental health and well- being issues a concern. Anecdotally, survey takers revealed suf- fering from the loss of loved ones, isolation and separation from family, friends and colleagues, revocation of job offers, child and eldercare challenges, recalibration of employment, financial uncertainty, mastering new technology platforms, and generally adapting to the “new normal” in a virtual world. According to CBA CLE Director Jen- nifer Byrne, “it is no surprise, after the tumultuous year we’ve had, that CBA members are very focused on health and wellness right now. Lawyers have always faced unique challenges in this regard, but the pandemic has magnified these issues and members are craving tangible strate- gies to achieve a greater sense of balance and wellness.” In response, the CBA Record has col- laborated with the CBA Continuing
Legal Education Department and the CBA Covid-19 Member Support Com- mittee to develop programs that will offer members a fresh health and wellness start. “The programs we will offer are not cookie- cutter,” says Byrne, “but instead look at the many facets of our lives that contribute to a greater overall sense of wellness.” This collaboration harmonizes with the focus of this CBA Record issue and offers resources and inspiration to members about how they can snap back after this unprecedented pandemic crisis and develop a pandemic recovery plan. Program topics will range from coping with student loans, to overcoming nega- tive thought patterns, to the connection between wellness and diversity and inclu- sion. They also will include a unique partnership with Core Physical Therapy and Fitness Center of Evergreen Park to offer a series of interactive classes where members can hear from top experts in physical therapy, Pilates, yoga, aerial, ballet, and philology about how to improve their mental well-being and productivity
through physical fitness. Budding and experienced health and wellness enthusiasts BWLA President Kenyatta Beverly, CBA President Maryam Ahmad (who holds a third-degree black karate belt) and Covid- 19Member Support Committee Co-Chair GretaWeathersby will moderate the discus- sions and address how these strategies can be applied in a legal environment. The classes can be enjoyed by members of all fitness levels, so bring your questions, and your enthusiasm. In addition to wellness programming, the CBA will offer several complimentary specialty programs during May in appre- ciation of its members, including a virtual conversation with Secretary of State Jesse White, a special virtual tour of the Illinois Holocaust Museum exhibition, “Mandela: Struggle for Freedom,” and a compli- mentary offering of the State of Illinois’ required sexual harassment training. Register for health and wellness programs at learn.chicagobar.org. Many programs during May are free for CBA members.
14 May/June 2021
Mental Health andWellness and Membership Appreciation Month Free Member Events: • A Conversation with Secretary of State Jesse White (May 6, 2021) • Strategies for Lawyers to Destress During theWorkday (May 12, 2021, 1.00 Mental Health/Substance Abuse PR-MCLE Credit) • Individual Career Counseling Sessions with career expert Kathy Morris (May 13 & 18, 2021) • Mindful DEI (May 14, 2021, 2.50 MCLE Credit, including 1.50 Mental Health/Substance Abuse & 1.00 Diversity/Inclusion PR-MCLE Credit) • Understanding the Student Loan Landscape and How to Navigate It (May 17, 2021, 1.50 MCLE Credit) • Special Exhibition Group Tour of “Mandela: Struggle for Freedom” (May 19, 2021) • State of Illinois Sexual Harassment Training (May 21, 2021, 1 MCLE Credit) • Mind the Body: Physical and Mental Well-Being While Working from Home, in partnership with Core (May 24, 2021, 0.75 Mental Health/Substance Abuse PR-MCLE Credit) • Beyond Black andWhite Thinking (May 24, 2021, 1.00 Mental Health/Substance Abuse PR-MCLE Credit) • Let’s Get Physical! Physical Exercise Meets Mental Health, in partnership with Core (June 17, 2021, 0.50 Mental Health/Substance Abuse PR-MCLE Credit)
Register for programs at learn.chicagobar.org and learn more about Core Physical Therapy and Fitness Center of Evergreen Park Illinois at corefitnesspt.com.
Bookkeeping, tax consulting, payroll and business and personal tax filings all under one roof without stress or time-consuming. Services Offered Bookkeeping - Say goodbye to extensions and stay tax-ready all year long. Put more money in your pocket and reduce your stress. Our expert CPAs and accountants provide monthly or quarterly book- keeping so you can make informed decisions and save on taxes. Tax Reduction Strategies & Retirement Tax Planning Payroll preparation with tax planning strategies Business and Personal Tax Preparation Preparation and filings of 1099’s forms at year end for outside services providers or co-counsel’s Judith Rousset, JD, CPA Veritas Tax 1010 Lake Street, Suite 200 • Oak Park, IL 60301 708-524-5480 • firstname.lastname@example.org Focus on your practice, employees. It is our job to take care of your tax, books, and accounting needs so you can focus on what matters the most.
LEX Reception is a dedicated legal answering service committed to professionalism, warmth, and 24/7 availability. Our virtual receptionists are your ambassadors, aligning our tone and scripts with your brand. We provide lead qualification, legal intake, appointment scheduling, CRM integration, andmuchmore for lawfirms and solo attorneys.We’ve partnered with the CBA to offer members 50% off their first month of LEX Reception plans. Visit our website or give us a call on (800) 800-9995 to discuss howwe can help your firmgrow. Learnmore at https://www. lexreception.com/partners/chicago-bar.
CBA RECORD 15
Chicago Bar Foundation Report
A Beacon of Hope for People Struggling as a Result of the Pandemic By Samira Nazem, CBF Associate Director for Advocacy & Programs T he past year has been a challenge for all of us. As we look ahead to better times, we know that too many
aid lawyer about their options for resolving their legal problem. The program features access to free legal help and mediation offered through a number of CBF part- ners, including CARPLS, the Center for Conflict Resolution, Legal Aid Chicago, Lawyers’ Committee for Better Housing, Chicago Volunteer Legal Services, Greater Chicago Legal Clinic, Center for Disability & Elder Law, and the Legal Aid Society of Metropolitan Family Services. During ERP court calls, all self-repre- sented litigants – both plaintiffs and defen- dants – are given an opportunity to speak with a lawyer or to work with a mediator to resolve their case in a fair, efficient, and equitable manner. This new program aims to address many of the challenges that have long plagued high-volume court calls – chronically high default rates, inconsistent and inadequate access to free legal help, and large numbers of self-represented litigants struggling to negotiate with represented parties on the other side. The ERP now embeds community outreach, case man- agement, and real-time referrals directly into the court process, making sure that all parties can have an equal opportunity to access resources. The ERP also leverages technology to provide the same resources to all litigants throughout Cook County, with legal aid partners often staffing mul- tiple court calls in multiple courthouses simultaneously. The eviction ERP court calls were the
first to launch, with the consumer debt ERP calls to follow this Spring following a similar process. The previously successful Circuit Court Mortgage Foreclosure Medi- ation Program is expected to relaunch soon as well. A coordinated community outreach effort will also launch this summer with the dual goals of connecting community members to resources as early as possible and encouraging active participation in court proceedings. Ultimately, regardless of when and how someone contacts the ERP, either before or during court, they will have the same access to legal aid and mediation services. With the support and vision of our partners at the Circuit Court and the County and the many other partners in the program, the ERP is changing court as we know it and making sure every resident of Cook County has a chance to get help when faced with legal issues that can impact their housing and financial stability. To learn more or refer people for help, visit www.cookcountylegalaid.org or call the program hotline at 855-956-5763.
people in our community are still strug- gling from the economic shocks caused by the pandemic and the inequality laid bare by the events of last year. Many thousands of people in Cook County are facing seri- ous housing and financial challenges right now and are looking for stability as we move toward a new normal. In late 2020, the CBA and CBF joined with the Circuit Court, Cook County, and a network of legal aid partners and other stakeholders to launch a new initiative aimed at helping Cook County residents who had experienced housing and finan- cial problems during the pandemic. The initiative, Cook County Legal Aid for Housing and Debt (CCLAHD), serves as an umbrella for several different programs offering a range of services to Cook County residents including landlords, tenants, homeowners, creditors, and debtors. The first program launched under the CCLAHD umbrella is an Early Resolution Program (ERP) for eviction and consumer debt cases. The ERP recently expanded into the Circuit Court with dedicated ERP case management calls held in each of the six municipal districts. All newly filed evic- tion and consumer debt cases will now be routed through the ERP court calls, giving litigants the time and opportunity to consult with a case manager and a legal
Learn more about The Chicago Bar Foundation at www.chicagobarfoundation.org.
16 May/June 2021
Government and nonprofit leaders announced the launch of Cook County Legal Aid for Housing and Debt (CCLAHD) via Facebook Live.
CBA RECORD 17
CBA Annual Meeting The CBA’s 148th Annual Meeting will be held virtually on Thursday, June 24, 2021 at Noon. Outgoing President Maryam Ahmad , Incoming President E. Lynn Grayson , Secretary Ray J. Koenig III , and Treasurer John Sciacotta , among others, will make remarks. Other special virtual elements are also being planned. All mem- bers will receive a link to the online event by email or can check www.chicagobar.org. NewVirtual Legal Clinic toHelp Small Business Owners The CBA, the Chicagoland Chamber of Commerce, and the Illinois Small Business Development Center (SBDC) are partner- ing to create a Virtual Legal Clinic for small businesses. CBA members will assist pre-screened small business clients from the Chamber and SBDC during 30-minute appointments. The first clinic was held on April 29. Watch your email to volunteer for future events. Justice JohnPaul Stevens 2021Award Nominations Each year, the Association honors lawyer and judges whose careers best exemplify the integrity, commitment to public service, and distinguished career of the late U.S. Supreme Court Justice John Paul Stevens. Justice Stevens served as Second Vice- President of the CBA until his appoint- ment to the U.S. Court of appeals for the 7th Circuit in 1970. In December 1975 he was nominated to fill the vacancy of U.S. Supreme Court JusticeWilliamO. Douglas and was sworn in several weeks later. He retired in 2010 after 34 years – making him the third-longest serving justice in the Court’s history. In 2000, The Chicago Bar Association Board of Managers and Justice Stevens’s law clerks established the award that bears his name, which is the highest award presented by the CBA. Nominations for the 2021 Justice John Paul Stevens Award should be submitted by July 31, 2021. Please email them to Sharon Stepan at email@example.com. A date for presentation of the Justice John Paul Stevens Awards will be announced in early fall. MCLE Reporting Deadline Lawyers with last names beginning with the letters N through Z are required to complete their Illinois MCLE credits
THE CBA PULSE BY BETH McMEEN, CBA EXECUTIVE DIRECTOR
Past Young Lawyers Section Chairs met virtually in March with CBA Executive Director Beth McMeen and YLS Chair Jeff Moskowitz to get an update on the Section and select CBA Nominating Committee representatives.
2021 Nominating Committee The 2021 Nominating Committee, chaired by former CBA President Steven Elrod, has completed its work. The following slate of new officers and board members will assume office at the Association’s 148th Virtual Annual Meeting on June 24, 2021. E. Lynn Grayson , Nijman Franzetti LLP, will succeed to the office of President. Timothy S. Tomasik , Tomasik Kotin Kasserman LLC, having served as Second Vice President, will become First Vice President. Ray J. Koenig III , Clark Hill, was selected to serve as Second Vice Presi- dent. Kathryn C. Liss , DePaul University
College of Law, was selected to serve as Sec- retary, and John C. Sciaccotta , Aronberg Goldgehn, was selected to serve as Trea- surer for a second year. Members selected to serve a two-year term on the Board of Managers include: Michael Alkaraki , Leahy & Hoste; Octavio Duran , Duran Law; Robert W. Fioretti , Roth & Fioretti LLC; Malcolm “Skip” Harsch , Ameri- can Bar Association; Risa Lanier , Cook County State’s Attorney’s Office; Patricia McCarthy , LexisNexis; Judge James M. McGing (ret.), Morici Figlioli & Associ- ates; and Sandra Yamate , Institute for Inclusion in the Legal Profession.
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Congratulations Nea l Gerber Ei senberg (NGE) ha s announced that Corporate & Securities Group Chair Robert G. Gerber has been named the third managing partner in the firm’s 35-year history… Ray J. Koenig III has assumed the role of Co-Leader of Clark Hill’s Litigation practice group… Corboy & Demetrio Partner and Past CBA Presi- dent Michael K. Demetrio was elected to serve on the Board of Directors of the elite International Academy of Trial Lawyers… Lawyers Lend-a-Hand to Youth presented its inaugural My Hero Award to Past CBA President Daniel A. Cotter at its spring awards presentation. Condolences Melvyn A. Rieff , Rieff SchrammKanter & Guttman… Aaron Cohen , Rieff Schramm Kanter &Guttman… James A. Serritella , Archdiocese of Chicago.
by June 30, 2021. The Board’s online reporting system at www.mcleboard.org is available for you to view your credits. Attorneys must complete their credits by June 30, 2021 and report compliance by July 31, 2021. Attorneys in need of credit are encouraged to visit the CBA’s online CLE platform at learn.chicagobar.org to find over 300+ hours of seminars (many are free!). CBA Insurance Many members may not realize that the Association created an in-house agency in the early 1990s to provide a full range of insurance service to our members. CBA Insurance is run by Tyler Sill, an experienced, licensed broker. If you are interested in obtaining a quote for your Lawyer’s Professional Liability coverage or are interested in learning more about cyber liability, disability, life and/or health insurance, he can be reached at 312-554-
2077 or firstname.lastname@example.org. There is no charge to obtain a quote. Tyler’s ability to acquire quotes from a wide variety of A+ malpractice insurance carriers often result in premium savings. Thank You to Our Many Volunteers National Volunteer Week officially took place in April, but the CBA would like to acknowledge and thank all of our dedicated members who serve in leadership roles; speak at our seminars and committee meet- ings; participate in our legislative process. judicial evaluations, mentoring programs, pro bono and community service projects; and support the CBA’s mission in so many other ways. With your time and talent, the CBA continues to be one of the most pres- tigious and award-winning metropolitan bar associations in the country. To become more involved in CBA and YLS volunteer opportunities, email membership@chica- gobar.org with your interest areas.
CBA/CBF Now Accepting Nominations for Pro Bono and Public Service Awards The CBA and CBF invite you to submit nominations by Friday, May 21, 2021 for the Chicago legal community’s pro bono and public service awards. The award winners will be recognized at the Pro Bono Awards Luncheon on Friday, July 16. Please visit https:// chicagobarfoundation.org/awards/ for more information about the six awards including nomination criteria, application forms, and names of past winners. This is a great chance to recognize an unsung hero who has gone above and beyond, particularly during the pandemic. Please contact Samira Nazemat email@example.com questions about any of the awards.
California’s most respected neutrals are now offering mediations nationwide using secure video conference technology.
S I G N A T U R E R E S O L U T I O N . C O M
CBA RECORD 19
Be the Change: Prioritizing Lawyer Well-Being By Jeffrey Bunn
I s self-care, self- ish ? What about lawyer well-being—isn’t that just more tree- hugging gobbledygook? The answer, to both questions is, most decidedly, no. The airlines figured it out a long time ago. At the beginning of each flight, pas- sengers are instructed that if air masks are required, they are to first affix their own masks before assisting others. Extending that instruction by analogy to lawyers, the passengers would be us and the others would be our clients. Taking better care of ourselves enables us to take better care of our clients. This is one of the reasons the CBA established a Wellness and Mindfulness Committee. Surprisingly, however, many in the legal profession remain skeptical and fundamentally non-compliant, if not downright resistant to the concept. That is a shame, but it is not irremediable.
Quasi-Governmental Organizational Action
To document and suggest a baseline for addressing the stresses and strains that are so prevalent in the legal profession, the Institute for Well-Being in Law (IWIL, (f/k/a, the National Task Force on Lawyer Well-Being) drafted a report positing a six-point definition of well-being: Occu- pational, Intellectual, Social, Spiritual, Physical, and Emotional. Consistent with the growth of inter- est in well-being in general, the specific concerns considered to impact one’s sense of well-being have also been expanded to include matters related to financial well- being, diet, and nutrition, and even sleep. Each of these concerns have been the subject of advice in the past, but they have come to be reexamined as aspects of a more holistic approach, anchored in the notion that mental and emotional fitness are every bit as important as physical fitness.
Consistent with the underlying premise of the recently published book Thinking Again by Adam Grant, the Illinois Com- mission on Professionalism conceived a wonderful initiative called “Reimagine Law”: a series of interviews with a variety of people, exploring the different ways in which the practice of lawmight be changed for the better. One of those changes (imag- ined by the author) had to do with the mental and emotional well-being of the men and women who make up the legal profession. Significantly, however, the focus of most LAP organizations around the country is often limited to addressing physical, medically diagnosable mental illnesses and addictive behaviors that manifest as symptoms of those illnesses.
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