CBA Record November-December 2021
NOVEMBER/DECEMBER 2021 CBA
The Environmental Issue
Margaret Battersby Black
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CBA RECORD CONTENTS
November/December 2021 • Volume 35, Number 6
4 Editor’s Briefcase
UnlockYour Unconscious Bias
INSIDE THIS ISSUE 18 What Matters Most: Environmental Insights from In-House Counsel By E. Lynn Grayson 22 The Fairness of Water By Cameron Davis 26 What’s Hot in Environmental Law By Jorge Mihalopoulos and Robert Weinstock 28 A Primer on Illinois Environmental Law: Permitting, Enforcement, and Emergency Response By Alex Garel-Frantzen and Molly Snittjer 32 Air, Land and Water: A Talk with Illinois EPA Director John Kim By Amy Cook 34 Judging Our Judges By Tracy Brammeier 36 Woes for WOTUS: Revisiting the Definition of “Waters of the United States” By Alex Garel-Frantzen 38 Illinois Climate and Equitable Jobs Act By Ashley Parr YOUNG LAWYERS SECTION
6 President’s Page
Floods, Carp, and Crap!
8 CBANews 14 Chicago Bar Foundation Report 16 The Pulse 40 LPMT Bits & Bytes SiliconValley Mergers – And
Maintaining Control of Your Data in the Cloud
42 Practical Ethics
CanYou Hear Me Now? ABA Formal Opinion 500 and the Duty to Communicate Effectively
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.
About the Cover
NOVEMBER/DECEMBER 2021 CBA
Retired judge and amateur photographer, Joan Kubalanza, took the cover photograph this past summer in Park Falls, WI.
The Environmental Issue
U nconscious bias can cause just as much harm as explicit bias. Most people consider themselves free of prejudices. Reality says otherwise. This fact was driven home by a personal experience a judge shared at a conference I attended recently. The judge, my esteemed colleague Justice Milton Wharton, has permit- ted me to retell it. He is the only Black jurist on the Fifth District Illinois Appellate Court. Justice Wharton spoke about his hunting and fishing “buddy,” whom he described as “a very close friend” with a similar world outlook. Justice Wharton had not heard this man say or do anything that would have alerted him to his friend’s negative attitudes towards Blacks or his unquestioning endorsement of police conduct regardless of the specific circumstances. That is, until the man invited Justice Wharton to a gathering with his friends. When the conversation turned to the police shooting of Michael Brown in nearby Ferguson, the friend asked the Justice, the only Black person in the room, for his reaction. JusticeWharton indicated that there is a difference between good and bad policing. His friend interjected that all law enforcement is good, that “they are not police to us,” but “our sons and daughters who we have sent to war zones to protect us,” meaning Whites, and that “as good citizens, in any war, it is our duty to be patriots and to support our soldiers and our troops.” Justice Wharton acknowledged his friend’s feelings but said that at times Blacks have been subjected to “aggressive policing for no valid reason.” The friend countered, “In any war there are going to be collateral casualties.” Astonished, the Justice looked straight at him, “Am I the enemy?” “You said that, I didn’t,” the friend scoffed. The story made me feel anger, disgust, and fear. Anger at the false friend’s support of white supremacy and view of police as soldiers deployed to a war zone whose residents he considered collateral casualties. Disgust at the indifference to Black lives and his unbounded admiration of whatever police do. And fear that biases like his undermine our democratic openness and pluralistic values. Justice Wharton told me that he never spoke to the man again. People of color can tell you similar stories that involve disrespect, harassment, humiliation, and worse. That is why, particularly Whites like me, must vigilantly monitor their personal biases and prejudices. We need to learn to detect the twin menaces of bigotry and intolerance, which continue to contaminate our society and public institutions, including the legal system. Ways to mitigate unconscious bias include: (i) learning as much as we can about commu- nities and cultures different than our own; (ii) avoiding generalizations; (iii) seeing people as individuals and not stereotypes; (iv) realizing that dismantling hundreds of years of oppression requires more than good intentions and acknowledging wrongs; (v) critically questioning our thinking and underlying assumptions; (vi) considering things from the perspectives of others; and (vii) treating everyone the same way we would want our mother to be treated. I conclude with a story: If you visit the Museum of Tolerance in Los Angeles, after tracing the history of the Holo- caust, the museum focuses on the continuing existence of prejudice in the world. First, a film introduces visitors to various racial, ethnic, and religious stereotypes. Then, visitors enter the exhibit through two doors, one marked “Prejudiced” and the other “Unpreju- diced.” Those who try to open the “Unprejudiced” door will find it locked shut. EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF Unlock Your Unconscious Bias
EDITORIAL BOARD EDITOR-IN-CHIEF Justice Michael B. Hyman Illinois Appellate Court
ASSOCIATE EDITOR Anne Ellis Proactive Worldwide, Inc.
SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Howard and Howard Attorneys PLLC
YLS JOURNAL EDITORS Jacob B. Berger Tabet DiVito & Rothstein LLC Kaitlin King
Hart David Carson LLP Theodore Kontopoulos BKD LLP
Carolyn Amadon Samuel, Son & Co. Daniel J. Berkowitz Illinois Attorney General’s Office Amy Cook Amy Cook Law LLC Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Judge Jasmine Villaflor Hernandez Circuit Court of Cook County Lynn Semptimphelter Kopon Kopon LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Hoffenberg & Block LLC Pamela S. Menaker Clifford Law Offices Kathleen Dillon Narko Northwestern Pritzker School of Law Alexander Passo Latimer LeVay Fyock LLC Adam J. Sheppard Sheppard Law Firm, PC Richard Lee Stavins 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 November/December 2021
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PRESIDENT’S PAGE BY E. LYNN GRAYSON Floods, Carp, and Crap!
The Chicago Bar Association www.chicagobar.org
adversely impacted by the second largest “dead zone” in the world unable to sus- tain marine life. Carson Vaughan’s article Floods, Carp and Crap: The Environmen- tal Impacts of the Chicago River Reversal provides great insight into Chicago’s continuing influence on U.S. waterways and related economies. A Gallup poll conducted earlier this year surveyed U.S. adults about how they feel about the environment. Twenty years of survey data exists related to what environmental concerns most worry Americans and, surprisingly, the responses have been consistent over the years. The top six environmental issues include: (1) pollution of drinking water; (2) pollution of rivers, lakes, and reservoirs; (3) loss of tropical rain forests; (4) global warming/ climate change; (5) air pollution; and (6) extinction of plant and animal species. Only 41% of Americans rate the overall quality of the environment in the U.S. as excellent or good, while 59% think it is fair or poor. Despite tremendous improve- ments in environmental protection over the last 50 years since the first Earth Day in 1970, 52% of Americans believe the environment is getting worse, and only 42% believe it is improving. Chicago has been on the front lines, working to manage soil and groundwater contamination arising from its indus- trial legacy while also being a leader in preserving the environment, protecting waterways and Lake Michigan, and reshaping the community towards a greener tomorrow. Chicago’s environ- mental successes have been enhanced by the continuing support and good work of the Metropolitan Water Reclamation
President E. Lynn Grayson
First Vice President Timothy S. Tomasik
Second Vice President Ray J. Koenig III
Secretary Kathryn Carso Liss Treasurer John C. Sciaccotta
E nvironmental issues are front and center in the daily life of Chicagoland residents. Critical environmental concerns today include lead-contaminated drinking water sup- plies in some communities, the proposed relocation of the General Iron recycling facility, flooding and sewage back up in homes, erosion and water quality issues in the Great Lakes, and ever-present envi- ronmental justice considerations, among others. Indeed, Chicago has been at the epicenter of all things environmental since the flow of the Chicago River was reversed in 1900 to cease contaminating the City’s drinking water supply from Lake Michigan. While the reversal of the Chicago River has been celebrated as an engineer- ing marvel, some environmental groups and even government authorities have suggested Chicago consider reversing the flow once again to stop “floods, carp, and crap” sent downstream by Chicago to St. Louis and the Gulf of Mexico. Chicago’s wastewater remains the largest single contributor of phosphorus pollution to the Gulf of Mexico—a water body
Immediate Past President Maryam Ahmad
Executive Director Elizabeth A. McMeen
BOARD OF MANAGERS Michael Alkaraki
Hon. Charles S. Beach II Alexis Crawford Douglas Octavio Duran Robert W. Fioretti Malcolm “Skip” Harsch Risa R. Lanier Patricia L. McCarthy Hon. James M. McGing Hon. Clare Elizabeth McWilliams Juan Morado, Jr.
Brandon Peck Ashley Rafael Antonio M. Romanucci
Hon. Maria Valdez Sandra S. Yamate
6 November/December 2021
District of Greater Chicago, the Illinois Environmental Protection Agency and the U.S. Environmental Protection Agency, as well as the collaborative efforts of businesses, non-profit organizations, and other community partners. Federal, state, and local laws, regu- lations, and ordinances have played a critical role in these efforts. These laws aim to protect the air, water, and land through a complicated regulatory frame- work that controls environmental issues arising from today’s operations and also dictates how historical environmental contamination will be cleaned up. The command-and-control environmental regulatory programs are supported by aggressive administrative, civil, and criminal enforcement allowing federal, state, and local governmental entities to take swift action to punish those who fail to comply.
Environmental law plays an impor- tant role in protecting the environment and natural resources. Environmental law considerations are essential ele- ments of community redevelopment and economic growth plans, business expansions in the U.S. and internation- ally, emergency preparedness, and public and workplace health and safety. This practice area has evolved far beyond its “dirty dirt, dirty water” origins to become a part of almost every aspect of our daily personal and professional lives. Lawyers and the clients we serve are impacted by a myriad of environmental matters, and some baseline understanding of the legal framework, policy considerations, public sentiment, and environmental concerns in our own communities will make us better able to do our jobs. Protection of the environment and natural resources is in our collective
best interests. Environmental protection arises from the day-to-day collaborative efforts of business, government, and individuals focused on control of current environmental matters, management of legacy concerns, and, most important, decisions about the future that will make a difference in the lives of our children and grandchildren. While it is unlikely that another reversal of the Chicago River is imminent given the estimated costs of $18 trillion, all of us can aid in and sup- port the improvement of Chicagoland’s water quality to mitigate “floods, carp, and crap” arising from continuing down- stream wastewater discharges. As lawyers, we can have a positive impact on protecting the environment by developing an improved understanding of how environmental laws affect us all.
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CBA RECORD 7
CBANEWS CBA Honors the Legal Profession’s Finest at 2021 Annual Justice John Paul Stevens Awards By Ann Glynn, CBA Public Affairs Director T he Chicago Bar Association and The Chicago Bar Foundation honored five attorneys who have demonstrated
analysis and drafting, intergovernmental agreements, procurement, ethics, Open Meetings Act, Freedom of Information Act, real estate, employment matters, and public finance. She has advised public agencies on regulations and policies to promote business opportunities for minorities and women and equal employment opportunities for minor- ity and female journey workers, apprentices and laborers, and Chicago residents. She is the current President of the Cook County Bar Association Foundation. Previous positions include serving as a member of the Board of Managers for the CBA, Presi- dent of the Cook County Bar Association, and member of the Board of Directors of the National Bar Association. Fredd is a member of the Women’s Bar Association of Illinois, the National Association of Board Lawyers, and the National Bar Association Women Lawyers Division. She is a part of the Circuit Court of Cook County Elder Law Task Force.
Karina Ayala-Bermejo is the President &CEO of Instituto del Pro- greso Latino. She began her career as a hearing officer for the Chicago Board of Education and advanced to the
the highest commitment to integrity and public service at the 2021 Annual John Paul Stevens Awards. The awards ceremony —virtual in 2021—was created to honor the legendary Supreme Court Justice and native Chicagoan John Paul Stevens. This year’s recipients are Karina Ayala- Bermejo, President and CEO, Instituto del Progreso; Anne L. Fredd, Senior Attorney, Neal & Foley, LLC; Rebecca R. Pallmeyer, Chief Judge for the U.S. District Court for the Northern District of Illinois; James E. Snyder, Associate Judge of the Circuit Court of Cook County; and Lawrence J. Suffredin, Jr., Of Counsel, Taft, Stettinius & Hollister and Cook County Board Commissioner, 13th District. Established in 2000, the Stevens Award recognizes lawyers and judges who best exemplify Justice Stevens’ legacy of pro bono and public service in his career, as well as his commitment to ensuring our justice system is fair and accessible for everyone in the community. Stevens retired from the High Court in 2010 after 35 years of distinguished service and passed away in 2019. “The CBA and the CBF are proud to honor this distinguished group of attor- neys and jurists with the John Paul Stevens Award,” said CBA President E. Lynn Grayson. “These extraordinary honorees exemplify the highest personal integrity and devotion to public service while making tremendous contributions to our profession, just as Justice Stevens did.” Here are the profiles of the 2021 John Paul Stevens Awards Honorees:
highest HR executive position for the city of Chicago, where she worked for three years. She spent seven years as the Direc- tor of Community Services for the CBA and collaborated with the bar and various divisions of the Circuit Court of Cook County on initiatives to improve the justice system. She previously served as General Counsel and Executive Vice President of Metropolitan Family Services (MFS), one of the oldest non-profits in Illinois. As GC she was responsible for all legal matters for MFS. Other positions at MFS included Executive Director of the Legal Aid Society and Vice President of Human Resources. As an immigrant child, Ayala-Bermejo holds the Instituto del Progreso Latino mission close to her heart. She believes in contributing to the fullest development of Latino Immi- grants and their families through education, training, and employment that fosters full participation in the changing U.S. Society while preserving cultural identity and dignity.
Rebecca R. Pallmeyer was sworn in as Chief Judge for the U.S. District Court for the Northern District of Illinois in July 2019, the first woman to
serve in that role in the Court’s 200-year history. She serves as the Seventh Circuit’s District Judge Representative to the United States Judicial Conference and is a member of the Executive Committee of the Con- ference. She is an honorary fellow of the College of Labor and Employment Lawyers and a fellow of the American Bar Founda- tion. Pallmeyer served as an Administrative Law Judge with the Illinois Human Rights
Anne L. Fredd i s senior at torney at Neal & Foley, LLC the nat ion’s oldest continuously operat- ing African American owned law firm. She
has an extensive background in munici- pal law including governance, legislative
8 November/December 2021
Commission, the quasi-judicial agency responsible for enforcement of the state’s anti-discrimination laws. She is past Presi- dent of the Lawyers Club of Chicago, past President of the Richard Linn American Inn of Courts, and an active member of the Chicago Bar Association, The Chicago Chapter of the Federal Bar Association, the Women’s Bar Association of Illinois, and the American Bar Association. She has served on the executive boards of the CBA, the Chicago Chapter of the FBA, and the WBAI, and as Secretary to the ABA Labor and Employment Law Section.
lectured on fair employment and fair hous- ing law and policy at the John Marshall Law School, Kent College of Law, Northern Illinois University, The Chicago Bar Associa- tion, the Illinois State Bar Association, and the National Judicial College. He mentors law students and undergraduate students through the American Bar Association Minority Business Law Scholarship and the NIU Erickson-Doherty Scholarship. Snyder is also the Chairperson of New Judge Ori- entation programs for the Illinois Supreme Court and has served as a member of the Illinois Supreme Court’s Committee on Judicial Education, Committee on Judicial Performance Evaluation, Committee on Judicial Mentoring, and as Chair of the Illinois Supreme Court Advanced Judicial Academy. He is a former president the Alliance of LGBTQ Judges and a former president of the Illinois Judges Association. Larry Suffredin is Of Counsel to the law firm of Taft, Stettin- ius & Hollister and serves as an elected member of the Cook County Board and the Cook County Forest Preserve District Board. He served in the
United States Air Force before joining the Cook County Public Defender’s Office. Since 1981 he has been the CBA’s Legislative Counsel. In this role he has helped advocate the CBA’s positions on hundreds of bills that have affected civil practice, criminal practice, judicial funding, condominium law, adoption law, pension law, domestic relations law, probate law, tax law, and many other areas. As a County Commissioner he has focused on stabilizing the Cook County Health and Hospital System by authoring the governance ordinance the system has operated under since 2009. He was instru- mental in saving the now-restored Old Cook County Hospital Building from demolition. In addition, he has been an advocate for the court system, State’s Attorney’s Office, and the Sheriff’s Office. He authored ordinances dealing with the creation of the Inspector General’s Office, developing stricter ethical standards, codifying ordinances, and creat- ing a countywide program to collect and destroy unused pharmaceuticals, including opioids.
James E. Snyder , an Associate Judge of the Circuit Court of Cook County, Illinois, was appointed to the bench in 2007 after previously serving as
the General Counsel of the Illinois Human Rights Commission. He was a found- ing member and General Counsel of the Chicago Area Gay and Lesbian Chamber of Commerce and the AIDS Care housing initiative and was a member of the Illinois Federation for Human Rights (Equality Illinois) and chairperson of the Fair Illinois ballot initiative. Snyder has written and
The ceremony can be viewed on the CBA’s YouTube Channel at www.youtube.com/user/ chicagobar.
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CBA RECORD 9
Changes to Real Property Committee Structure By T. Nicholas Tyszka F or the better part of the last decade, I have had the privilege of serving as either a chair or vice-chair of the
CBA’s Real Property Law Committee. Not lost on me has been the difficulty in satisfying the needs of all practitioners in a single place—mindful that being a “real property lawyer” can mean serving clients in many ways. For example, the realities commercial practitioners face are very different than those faced by lawyers helping people buy homes or appeal property taxes. Therefore, to help better serve our members in the future, the Real Property LawCommittee has been divided into two committees. Members can now belong either to the Residential Real Property Law Committee or the Commercial Real Property Law Committee. Real Estate Taxation remains a distinct committee. With this adaptation go the subcom- mittees that best align with each: Condo- minium and Landlord-Tenant with Resi- dential Real Property, and AIA Contracts and Construction Law&Mechanics Liens with Commercial. Real Estate Taxation has subcommittees focused on Assessment & Appeals and Tax Sales & Tax Deeds.
Residential Real Property will meet on the second Wednesday of the month in September, November, January, March, and May of this bar year. Commercial Real Property will meet on the second Wednesday in October, December, Febru- ary, April, and June. All of these meetings are scheduled at 12:15pm. Go to www.chicagobar.org/committees or email CBA Committee Coordina- tor Awilda Reyes at areyes@chicagobar. org to join either committee. For more information on Residential Real Property, please contact Nicholas Tyszka (ntyszka@
tnicholaslaw.com) or Mark Anderson (email@example.com). For more information on Commercial Real Property, please contact Penelope Camp- bell (firstname.lastname@example.org) or Kris- ten Boike (email@example.com).
T. Nicholas Tyszka, Law Of f i c e s o f T. Nicholas Tyszka, LLC, is chair of the CBA Residential Real Prop- erty Law Committee.
Well-Being and Professional Development Coaching Sessions By Ann Glynn, CBA Public Affairs Director
The CBA is offering a newmember benefit focused on well-being and professional devel- opment. Well-being expert and certified coach Jonathan Beitner, JD, CPC will offer free, 20-minute coaching sessions for members via Zoom over the course of the bar year. Beitner is an attorney and a frequent speaker on attorney development andwell-being. He works with lawyers to identify and achieve their professional and personal goals and with firms, law schools, and bar associations to help their staff be more productive, happier, and healthier. “Coaching provides people with a neutral and confidential sounding board that can provide an alternative perspective and way of thinking about what are often thorny and multifaceted issues,” said Beitner. “Coaching also provides a form of accountability to keep you on track once you develop a game plan.” During the sessions, members can discuss topics such as stress management, work/life balance, building resilience, time management, fostering positivity, practicing mindfulness, and effective goal setting. Beitner counsels members by offering
constructive feedback, practical tips, and useful resources for their personal and professional lives. For more information on Lawyer Health andWellness visit www.chicagobar.org (under Programs).
10 November/December 2021
A Special Notice to all Lawyers Who Reside in or Practice in Cook County The Moses, Bertha & Albert H. Wolf Fund
T he Chicago Bar Association manages the Moses, Bertha and Albert H. Wolf Fund to aid attorneys who reside in or practice law in Cook County and are ill, incapacitated or superannuated. Through the Fund, the CBA provides financial assistance in the form of grants and loans. Eligible recipients also include lawyers in Cook County who receive assistance from the Lawyers Assistance Program and are in need of medical assistance. For more information, contact Beth McMeen, CBA Executive Director, at 312- 554-2004 or firstname.lastname@example.org.
CLE & MEMBER NEWS Learn fromexperts in your field, keepon topof recent developments, expand your professional network, and pick up helpful practice advice and resources through CBA andYLS practice area committee meeting presentations. Recent topics have included: the State of the Bankruptcy Court; the Biden Administration’s Antitrust Priorities; Secrets to Successfully Mediate a Case; Privacy Law Hot Topics; an Overview of Illinois and Delaware Corporate Transactions for Young Attorneys; PFAS Regulatory Update for the Environmental Practitioner; Quantifying Business Valuation in Business Divorce & Complex Ownership Disputes; and more. Learn and Network at Practice Area Committee Meetings
Over 50 CBA and YLS practice area committees meet virtually everymonthduring thenoonhour. As amember youmay attendany committeemeeting, but registration is required at learn.chicagobar. org. Best of all, most meetings offer free Illinois MCLE credit. Check the CBA eBulletin newsletter every Thursday for a list of upcoming dates and topics. To join committees and receive additional resources related to your practice area, go towww.chicagobar.org/committees and follow the prompts or email email@example.com.
CBA Welcomes New Lawyers
Chief JusticeAnneM. Burkepresidedover a statewidevirtual swearing in ceremony earlier in November for new admittees who joined the ranks of Illinois licensedattorneys. Kudos andcongratulations to these new lawyers whoweathered the pandemic, online learning, and the Opening a New Door to Your Legal Career? Finding a new job or making a career switch isn’t easy. The CBA understands and offers a variety of assistance to members at any stageof their careers, including individual career counseling sessions withaprofessional career coach,monthlymeetings of theYLSCareers Committee, live and archived career seminars, resume posting and
onlinebar exam.TheCBA ispleased towelcome thisgroup to the legal profession by offering freemembership andCLE throughNovember 2022. If you know of a new admittee who has not yet activated their free membership, they can email firstname.lastname@example.org.
open positions listings in our Online Career Center and bi-weekly Job Flash emails. Visit www.chicagobar.org and click on the Careers tab formore informationor email@example.com any questions.
Discount Magazine Subscriptions: Great Holiday Gift Idea!
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NOTICE TO ATTORNEYS Chicago, Illinois retired insurance executive Michael Richard Myer- scough died June 19, 2021. His family is looking for anyone who repre- sented him in legal matters. If you have any information, please contact Sue Myerscough at 217-299-1404.
12 November/December 2021
The Chicago Bar Association
Lawyers’ Resources to Stop Sexual Harassment What is Sexual Harassment in the Workplace? Sexual harassment is any unwelcome sexual advances or requests for sexual favors or any conduct of a sexual nature when: (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment. -Illinois Human Rights Act What To Do If You Have Been Sexually Harassed • Document every incident and keep your performance records. • Report the incident by filing a formal complaint with your employer and the Illinois ARDC, if the harassment was perpetrated by an attorney. • In government offices, make a formal complaint through your agency’s assigned Human Resources Department, Ethics Officer, the Office of the Executive Inspector General, and/or the Office of the Legislative Inspector General. • Report the incident to the U.S. Equal Employment Opportunity Commission and Illinois Department of Human Rights within 300 days of the incident. You can request that your identity remain confidential. • In federal government offices, contact an EEO Counselor within 45 days of the incident. • In law schools or universities, contact the Title IX Coordinator. Reasons to Report Sexual Harassment • Sexual harassment impacts your career, mental health, and well-being. • Reporting this illegal conduct can stop an individual from sexually harassing another person. • Calling out sexual harassment when you see it can help those who cannot react in the moment. • Illinois Rule of Professional Conduct 8.3: Lawyers have a duty to report any misconduct by another attorney as well as a judge. Important Contact Information • State of Illinois Confidential Sexual Harassment and Discrimination Helpline : www2.illinois.gov/sites/ sexualharassment; 877/236-7703 • Illinois Department of Human Rights : www2.illinois.gov/dhr; 312/814-6262 • Office of the Executive Inspector General : www2.illinois.gov/oeig; 866/814-1113 • Office of the Legislative Inspector General : www.ilga.gov/commission/lig; 217/558-1560 • U.S. Equal Employment Opportunity Commission : www.eeoc.gov; 800/669-4000 • Illinois Attorney Registration and Disciplinary Commission : www.iardc.org; 312/565-2600 If you have been sexually harassed, it’s not your fault.
Content provided by the CBA Sexual Harassment Prevention Task Force
The information provided is not intended to be used as legal advice. If you have legal questions regarding sexual harassment, please contact an attorney.
Banned Words for Access to Justice 2.0 By Bob Glaves T hose of us who care about access to justice use a lot of terms that do our cause no favors. These are words and Chicago Bar Foundation Report
phrases that either don’t mean anything to our target audience, don’t necessarily mean what we think, or inadvertently just turn people off. A few years ago, I made a list of banned words to highlight what I think are the worst offenders. The time has come for version 2.0. Sadly, most of my originals are still used enough they make the new version too. The case for one of them has only gotten stronger, and I have one new addition. I also believe it is time to consider whether the phrase “access to justice” itself belongs on the list. Non-lawyer While it admittedly is a low bar, the most popular post by far in my blog series has been the New Year’s Resolution for the Legal Profession to “Stop Calling People Non-Lawyers.” That was posted almost five years ago, and despite an increasing number of others also calling attention to this problem, the term is still used widely in our profession today. In a time when we all are rightly more focused on inclusion in our work, calling people non-lawyers only looks worse today. As the business of law and the delivery of legal services gets more complex by the day, a host of other legal and business profes- sionals increasingly play integral roles in any successful law firm or legal department and in the broader delivery of legal services.
We don’t see doctors calling others non-doctors; dentists don’t call others non-dentists; and you won’t hear a CPA calling others a non-CPA. They call others in their profession by who they are: nurses, dental hygienists, bookkeepers, etc. I could go on here, but you get the point: this is a uniquely bad habit of lawyers. We can strike a better path by calling others in our profession by who they are whenever we can. And when the situation calls for speaking of others in our profes- sionmore generally, we can call them “other legal professionals” (e.g., paralegals, or the many other law firm professional roles), or “other professionals” (when talking more broadly about other business professionals like accountants and technology roles).
The bottom line is there is a better alternative every time. We need to send the term “non-lawyer” off into the sunset once and for all. Acronyms and Abbreviations My new addition for Version 2.0 is acro- nyms. I imagine every industry uses acro- nyms to some degree, but even within the broader legal profession, we love to use acronyms in the access to justice space. Unfortunately, with rare exceptions, people who are not already a part of the choir have no idea what we are talking about. Take legal aid organizations as just one example. In Chicago, the practice among insiders is so prevalent to refer to programs by their acronym that one director years
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ago accurately analogized it to alphabet soup. The problem is, we do this without thinking about who is on the receiving end, and far more often than we realize, they don’t know what we are referring to. I am guilty of this too. My suggestion is the next time we are about to casually toss out an acronym or abbreviation, think about the audience. Are we sure they know what you are referring to when you use it? When in doubt, don’t do it! Legal Services, or Legal Services Organization Every lawyer and many other professionals and entities provide legal services as part of their work. But many in our community still use this term to describe legal aid. We should not be surprised that most of our profession and the rest of the world has no idea what we are talking about when we do that. When we are talking about legal aid, we should just say legal aid. Justice Gap This term, generally used to describe the gap between legal needs in the community and available services, poses problems on two fronts. First, it is not used consistently even among those who might understand what we are talking about. Some use it to describe the unmet need for legal aid among low-income and disadvantaged people, while others use it to describe the shortage of affordable services for the middle class, and still others mean all of the above. The second and bigger issue is that the term is largely meaningless to people out- side the core access to justice community. Instead of using this term that is unlikely to be understood by our target audience, it would be better to describe more specifically the gap we are referring
to ( e.g. , the large gap between available legal aid and the need in the community). Low Bono This one comes up less often these days, but it is still used by many as shorthand for a lawyer, firm, or program that provides services below what “the market” would normally charge. Two big problems with this one. First, if you are the potential client, low bono is a meaningless phrase at best. And second, once it is understood, would you want a service that was described that way? The better way of describing it for all concerned, depending on what you are referring to, is: (1) affordable and flexible service options; or (2) sliding-scale pricing based on income or ability to pay. Access to Justice While I’m not prepared to add it just yet, I think we’ve reached a point where we need to consider whether the phrase “access to justice” itself should land on this list. As with most of the examples above, not everyone uses the phrase to mean the same thing, and often with wide variances ( e.g. , just low-income vs. all in need; basic pro- cedural access vs. what is necessary to get a fair hearing; targeted groups of need or the entire community). I question whether we have a common enough definition for this term to be meaningful outside of our own circles without further explanation. I tried to come up with a universal defi- nition for access to justice a few years ago, and it is an issue I plan to revisit soon. My shorthand suggestion is: “A person facing a legal issue has timely and affordable access to the level of legal help they need to get a fair outcome on the merits of their legal issue and can walk away believing they got a fair outcome in the process.” Whether you like my definition or prefer something else, it would do us all
good to agree on a common definition. Most of us, the Chicago Bar Foundation included, consider access to justice one of our ultimate goals—and as the saying goes, if you don’t know where you are going, all roads will lead you there. Why It Matters When we’re talking to others in the “club,” these language issues may not seem so important. But if we want to reach the goal of a justice system that is truly fair and accessible for all, our club has to get a whole lot bigger. Clarity in what we are saying and respect for the people we are saying it to are great places to start!
Bob Glaves has served as the Executive Direc- tor of The Chicago Bar Foundation since Octo- ber 1999.
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tutoring. All participants are required to wear masks during tutoring. Volunteers must be vaccinated. For more information or to sign up for a training session, please contact Kathryn McCabe at kmccabe@ lawyerslendahand.org. Free Virtual Housing Help Webinar The CBA and CBF jointly hosted a free, public education webinar entitled “Evic- tion Moratorium Ends - What’s Next?” in October to help landlords and tenants understand how to get legal services, rental assistance, and have their ques- tions answered regarding eviction issues. Speakers included Marty Cozzola , CVLS; Michelle Gilbert , Lawyers’ Committee for Better Housing; Candace Williams , Out- reach Consultant to Cook County Legal Aid for Housing & Debt (CCLAHD); and Samira Nazem , The Chicago Bar Foundation. Thank you to Ajay Shah and David Scriven-Young , the CBA’s Public Education Outreach Chairs, for coordinat- ing the event. An archived version of the video can be found at www.chicagobar.org/ chicagobar/publicED. Congratulations To the winners of the 2021 CBA/CBF Justice John Paul Stevens Award: Karina Ayala-Bermejo , Instituto del Progresso Latino; Anne L. Fredd , Neal & Leroy LLC; Chief Judge Rebecca Pallmeyer , U.S. District Court, Northern District of Illinois; Judge James E. Snyder , Circuit Court of Cook County; and Larry Suf- fredin , Cook County Commissioner and Taft Stettinius & Hollister LLP… CBA Past President Jesse H. Ruiz joined The Vista Group as General Counsel and Chief Compliance Officer… The Judges of the U.S. District Court, Northern District of Illinois, and the Chicago Chapter of the Federal Bar Association presented CBA Past President Robert A. Clifford and Shannon M. McNulty , Clif ford Law Offices, with one of its 21st Annual Awards for Excellence in Pro Bono and Public Interest Service… Congratula- tions to newly appointed Cook County Associate Judges: MaryamAhmad, Sabra Lynne Ebersole, Wi l l iam Nicholas Fahy, Barbara Nubia Flores, Mitchell Benjamin Goldberg, Jasmine Villaf lor Hernandez, MatthewWilliam Jannusch, Diana Elena Lopez, Kerrie Elizabeth Maloney Laytin, Thomas A. Morrissey,
THE CBA PULSE BY BETH McMEEN, CBA EXECUTIVE DIRECTOR
The CBA Alliance for Women came together to kick off the start of the bar year with a celebratory social hour. Proof of vaccination was required to attend the outdoor event. Toget involvedwith the committee, email Awilda Reyes at areyes@ chicagobar.org to join their roster. Pictured from left are AFW Co-Chair Meghan O’Donnell, LexisNexis; CBA President E. Lynn Grayson, Nijman Franzetti LLP; CBA ExecutiveDirector BethMcMeen; CBABoardMember PattyMcCarthy, LexisNexis; AFWFounder and CBA Past President Laurel Bellows, The Bellows LawGroup PC; and AFW Co-Chair and CBA Secretary Katie Liss, DePaul College of Law.
Law at the Library The CBA is again partnering with the Chicago Public Library and the Evanston Public Library to present our Law at the Library program. The free, virtual infor- mation series answers legal questions and provides practical resources and insights on today’s most prevalent legal issues. Each Law at the Library program features a presentation by an experienced attorney, followed by a brief question and answer session. Thanks to Kyle Jacob , an associate at Schiff Hardin LLP, who hosted the first session on “Employment Issues and Covid-19.” Upcoming sessions include “How to Find a Lawyer When You Can’t Afford One” and “Changes to the Tax Law.” For more information, go to https:// lrs.chicagobar.org/pages/law-at-the-library. Health Insurance Open Enrollment CBA Insurance Agency and IXSolutions Health are working together to provide you with information on the Fall 2022 Open Enrollment Period (Open enroll-
ment period for Individuals and Families is November 1 – January 15; Annual Enrollment Period for Medicare is October 15 – December 7). IXSolutions hosted a series of webinars to provide members with in-depth information to make informed health insurance decisions. Recordings of “The ABCDs of Medicare” and “Cover- age Options for Individuals and Families” are avai lable at www.chicagobar.org/ chicagobar/OE2021. To learn more about purchasing health insurance, visit at www. ixshealth.com/pages/cba-home. Lawyers Lend-A-Hand is looking for volun- teers to tutor students in grades K to 5 from Englewood. These in-person sessions focus on reading and writing skills, but many of our students also are craving a connection with a caring adult during these chaotic times. Tutoring is on Tuesdays at the CBA from 5:30 to 7:00 p.m. The students are transported by school bus to and from Volunteers Needed to Tutor Englewood Youth
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Decalogue Society of Lawyers awarded CBA Past President Justice Michael B. Hyman with the Hebrew University Fel- lowship Award and Charles A. Krugel with a Presidential Citation…Neal Gerber Eisenberg has recently been recognized by the EPA for its leading green power use… Mollie Krupp has joined Levin Schreder Carey… Aronberg Goldgehn announced the addition of Jordan Lewandowski and Lauren M. Ingram to the Business Law and Transactions Practice Group. The firm also added Alexandra Benigni to the Busi- ness Litigation Practice Group. Allison L. Wood joined the Interna- tional Association of Defense Counsel… Corboy & Demetrio had several partners named to The Best Lawyers in America, 2022 Edition including Thomas Deme- trio, Philip Corboy, Jr., Michael Deme- trio, Bill Gibbs, DanKirschner, Michelle Kohut, Ken Lumb, Francis Patrick Murphy, and Edward Willer , as well as Chip Barry and Susan Schwartz , who are both “Of Counsel.” Also, Andrew Stevens was selected to Best Lawyers - Ones to Watch for 2022… Stephanie Villinski , Illinois Supreme Court Commission on Professionalism, was named Chair of the American Bar Association’s Standing Com- mittee on Professionalism. Chidinma O. “Chidi” Ahukanna has joined Aronberg Goldghen as an associate… Past CBA President Aurora Abel la-Austriaco received the 2021 Difference Maker Award from the ABA
GPSolo Section… Tom Valenti received the Mediator of the Year Award from the Chicago Chapter of the Association of Conf lict Resolution… Tracie R. Porter has been appointed an At-Large Circuit Judge of Cook County… Barack Ferraz- zano announced Josh Bashioum as its newest addition to the Real Estate Group and Katie E. Yonover as the latest hire to the Corporate & Securities Group… Lucy A. Prather and Braeden E. Lord have joined Elrod Friedman as associates… Morgan, Lewis & Bockius LLP elevated Saghi Fattahian to partner… Levin & Perconti has named trial lawyers Margaret Battersby Black and Michael Bonamarte as the firm’s co-managing partners. Barbara A. Susman , Susman & Asso- ciates, has been added as a Co-Chair of the CBA Human Rights Committee and John C. Sciaccotta , Aronberg Goldgehn, has been added as Co-Chair of the CBA Business Divorce and Complex Ownership Disputes Committee. Condolences Condolences to the family and friends of John J. Cronin (Cronin, Peters and Cook), Ronald Miller (Miller, Shakman, Levine and Feldman), James B. Carroll (Saul Ewing Arnstein & Lehr LLP), Howard Trienens (Sidely & Austin), David S. Chernoff , and Joshua A. Nesser (Lavelle Law).
James BryanNovy, TheresaMarie Smith Conyers, Ankur Srivastava, Anthony Charles Swanagan and Andreana Ann Turano … C. Barry Montgomery joined Estbrook Law P.C. as senior counsel… Cook County Associate Judge Colleen A. Hyland has retired… Matthew A. Blumenreich and Madison Scaggs were added to Howard&Howard’s Business Lit- igation Practice Group, RyanW. Gardner joined the firm’s Trust and Estate Planning Group, and Eric R. Slutsky was added to its Business & Corporate Practice Group. Leadership Greater Chicago, a civic leadership development organization, elected Teresa Wilton Harmon , Sidley & Austin LLP’s managing partner, to its Board of Directors… Suzana Broderick joined Smith Blake Hill LLC as a new litigation associate… Brian C. Fetzer joined Motherway & Napleton LLP in Chicago… Judith S. Sherwin was added as of counsel to Aronberg Goldgehn’s Chicago office…Gordon Rees Scully Mansukhani LLP added Laura J. Loeck as a partner in the firm’s Chicago office… Robbins, Salomon & Patt, Ltd. added Tina M. Paries as a shareholder in the firm’s con- struction practice… Brittany Burmudez joined Golan Christie Golan’s Chicago office as an associate… Rimon Law added Nicole M. Kalajian as a partner to the firm’s Chicago office… Levin Schreder & Carey Ltd. added associate Mollie E. Krupp to its Chicago office… Meredith C. Janes joined Berger Schwarz LLP as an associate… Gabrielle A. Long joined Funkhouser Vegosen Liebman & Dunn as an associate… Pilgrim Christakis LLP promoted Jim Morrissey to partner. Jenner & Block partner Andrew W. Vail was inducted into the American Col- lege of Trial Lawyers at its annual meeting in Chicago… Quarles & Brady Partner Steven Hunter was named Chair of the firm’s Chicago office Litigation & Dis- pute Resolution Group… James (Jamie) Stevens has joined Saul Ewing Arnstein & Lehr’s Chicago office as counsel in the Condominium and Community Associa- tions Practice… Chicago arbitrator/litiga- tor Peter V. Baugher has been appointed to the Governing Council of the ABA Center for Innovat ion… Cozen O’Connor’s Anna Wermuth has been named Chicago Employment Law - Management “Lawyer of the Year” by Best Lawyers in America. At its 2021 Awards Ceremony, The
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