This summer, we set the record for a jury verdict under the Illinois Nursing Home Care Act when we achieved a $4.1 million result for our client, surpassing the previous record set by our firm in 2006 of $2.9 million. Although we are proud of these results and our reputation in handling nursing home cases, our results in other serious injury, accident, and medical malpractice matters should not be overlooked. We routinely obtain substantial results in medical malpractice matters and other personal injury matters. Recently we achieved a $9 million-dollar medical malpractice birth injury settlement. We have also set the Illinois record for the largest Jones Act settlement of $7.5 million for an injured boat worker.
OTHER NOTABLE RESULTS:
• $17.7 Million Medical Malpractice/Brain Injury Settlement • $14 Million Medical Malpractice Lung Cancer Verdict • $10 Million Pedestrian Accident Verdict • $7.6 Million Medical Malpractice Postpartum Bleed Settlement • $6.5 Million Record Kane County Wrongful Death/Trucking Accident • $6.5 Million Birth Injury Settlement
Your destination for exciting legal job opportunities and the best resource for qualified candidates within the legal industry.
• EMAIL your job directly to job seeking legal professionals • PLACE your job in front of our highly qualified members • SEARCH our resume database of qualified candidates • MANAGE jobs and applicant activity right on our site • LIMIT applicants only to those who are qualified • FILL your jobs more quickly with great talent
• POST multiple resumes and cover letters or choose an anonymous career profile that leads employers to you • SEARCH and apply to hundreds of fresh jobs on the spot with robust filters • SET UP efficient job alerts to deliver the latest jobs right to your inbox • ASK the experts about your career issues
July/August 2019 • Volume 33, Number 4 CONTENTS INSIDE THIS ISSUE 22 CBA President Jesse Ruiz: One Good Thing Leads to Another By Clifford Gately 28 Denying a Request to Admit Truth of Facts: Top Five Ways to Commit Malpractice By Richard Lee Stavins YOUNG LAWYERS SECTION 32 The Balanced Lawyer: More than Just Work-Life Balance By Octavio Duran 34 Ask for Permission, Not Forgiveness: Employment Aspects of Illinois’ Biometric Information Privacy Act By Neil Johnson 37 Report from the Working Women’s Legal Summit By Jennifer E. Byrne, with contributions from Brittany Kaplan and Tiffani Mims
6 Editor's Briefcase
Unconscious Bias: None of Us is Immune
8 President’s Page
Investing in Our CBA, Our Members, Our Profession, and Our Community
10 CBANews 16 Chicago Bar Foundation Report 18 Murphy’s Law 41 Summary Judgments “The Chief Justices” A Supreme Court Docent Gives a Look Inside 42 Legal Ethics Legal ReformActivities
On the Cover This month’s CBA Record cover features our 2019-20 CBA President Jesse H. Ruiz. Photo by Bill Richert
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.Subscriptionsfornon-membersare$25peryear. PeriodicalspostagepaidatChicago,Illinois.POSTMASTER:Send addresschangesto CBARecord ,c/oMembership, Chicago Bar Association,321SouthPlymouthCourt,Chicago,Illinois60604. Copyright2019byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.
Jesse H. Ruiz 2019-20CBAPresident
EDITORIAL BOARD EDITOR-IN-CHIEF Justice Michael B. Hyman Illinois Appellate Court
BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF
Unconscious Bias: None of Us is Immune J ust a few decades ago, hardly anyone gave much thought to unconscious bias (also known as implicit or
ASSOCIATE EDITOR Anne Ellis Proactive Worldwide, Inc.
deeply we believe in our own objectivity— have implicit mental associations that will, in some circumstances, alter our behavior.” Nevertheless, we can overcome negative biases. This was one of the takeaways at a seminar held during CBA Membership AppreciationWeek. (See story on page 14.) An authority on unconscious bias, Prof. Sarah E. Redfield, told the attendees that awareness is only the first step; disrupting unconscious bias also requires motivation, commitment, time, and lots of effort. (Redfield is the editor of Enhancing Justice: Reducing Bias , published by the ABA.) Being a judge, I constantly worry about unconscious bias. In every case, I make sure that personal preferences, generalizations, gut feelings, and the like do not sneak into my decision-making. I examine my deci- sion-making process, not just the contours of the decision itself. In so doing, I seek to eliminate, or, at the very least, mitigate, the potential impact of unconscious bias. Lawyers, too, must be vigilant; other- wise, unconscious bias closes the mind and
SUMMARY JUDGMENTS EDITOR Daniel A. Cotter Latimer LeVay Fyock LLC
hidden bias). Now, though, unconscious bias has become a subject of conversation, controversy, and research. And a matter of concern, especially for people who work in the legal system. For those still unfamiliar with the concept, unconscious bias describes an automatic judgment or association favor- ing or disfavoring one person, thing, or group that has so ingrained itself into our thinking and emotions that we do not even notice its presence. What happens is that automatic judgments, not facts or reason, drive our thinking. Left unchecked, this can lead to discriminatory behaviors, stereotyping, misunderstandings, flawed assessments, and erroneous assumptions. None of us is immune. As noted by the authors of “Implicit Bias in the Court- room,” 59 UCLA L. Rev. 1124, 1186 (2012), “[A]ll of us, no matter how hard we try to be fair and square, no matter how
YLS JOURNAL EDITORS Daniel J. Berkowitz Aronberg Goldgehn
Kruti Patel Charles Wintersteen & Associates Kaitlin King Hart David Carson LLP
Carolyn Amadon Samuel, Son & Co. Amy Cook The Farmer Chef Alliance Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Hinshaw & Culbertson Jasmine Villaflor Hernandez Cook County State’s Attorney’s Office Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss DePaul University College of Law Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Law Office of Clare McMahon Pamela S. Menaker Clifford Law Offices Peter V. Mierzwa Law Bulletin Media Kathleen Dillon Narko Northwestern University 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
6 July/August 2019
ears to differences, to inconvenient facts, to new information, to truth. Lessening Unconscious Bias’s Influence What should you do to deal with your hidden biases? Let me suggest seven ways to raise your awareness of unconscious bias: 1. Take the Implicit Association Test (IAT), which measures your implicit attitudes and perceptions. It is easy to self-administer, free, and results are confidential: https://implicit.harvard. edu/implicit/takeatest.html 2. Visit the ABA Section of Litigation “Toolbox,” offering information and resources on unconscious bias at https:// www.americanbar.org/groups/litiga- tion/initiatives/task-force-implicit-bias/ implicit-bias-toolbox/ 3. Treat people as individuals rather than labeling them as representatives of a group. This focuses attention away from the group stereotype and on the individual’s distinctive characteristics. 4. Seek out opportunities to interact with members of groups that differ from your own, and develop cross-group
Rehearing “I think unconscious bias is one of the things to get at.” Justice Ruth Bader Ginsburg
friendships. Contact assists in reduc- ing bias. 5. In the jargon of Nobel laureate Daniel Kahneman, engage in “thinking slow” (as opposed to “thinking fast”), because unconscious bias most often occurs when making decisions quickly without taking the time to analyze and reflect. 6. Learn about unconscious bias by attending education programs and reading about it. I recommend Red- field’s book as well as Everyday Bias by Howard J. Ross; Blindspot: Hidden Biases of Good People by Banaji and Greenwald; and Biased: Uncovering the Hidden Prejudice That Shapes What We See, Think, and Do by Jennifer Eberhardt. 7. Reframe the situation by getting beyond your point of view, and consid- ering the other person’s point of view, motivations, and challenges. Dealing with our unconscious biases mat- ters greatly; it makes us better lawyers and judges, and, most of all, better people. The fair and equitable administration of justice demands no less.
CBA ANNOUNCES NEW MEMBER BENEFIT WITH BIGHAND PROFESSIONAL BigHand Professional is an award-winning workflow solution that combines digital dictation and speech recognition technolo- gies in a cloud-based platform that allows users to create, generate and track work in or out of the office. It provides enterprise- quality voice productivity to as few as one single user and does not require any infrastructure or large upfront investment, which makes it an ideal option for small firms and solo practitioners ranging from 1-50 users. Members receive 20%off. Learn more at www.BigHand.com/chicagobar.
CBA RECORD 7
PRESIDENT’S PAGE BY JESSE H. RUIZ Investing in Our CBA, Our Members, Our Profession, and Our Community
The Chicago Bar Association www.chicagobar.org
President Jesse H. Ruiz
First Vice President Maryam Ahmad
formerly Gardner Carton & Douglas. I would have been the fifth CBA president from my former firm. It was a firm that not only trained me as a lawyer, but also supported all my public and community service. Partners including Gordon Nash, one of those past CBA presidents, also encouraged me to get involved in the CBA. We all need to be like Gordon Nash and lead by example, by leading others to the CBA. Part of the value the CBA creates for our members are relationships and result- ing opportunities. We must truly focus on creating opportunities for members, meeting their evolving needs, investing in them, and investing in each other, to make the CBA an indispensable organization for all lawyers in the Chicagoland area. I strongly suggest you all attend our annual Vanguard Award luncheon in the spring. There you will see 15 different bar associations gather together to honor one of their members. As a past president of the Hispanic Lawyers Association of Illinois, I know how much HLAI gained through collaborations with other bar associations. I hope to explore more opportunities to make our CBA headquarters the hub of all diverse bar organizations, exploring opportunities not only to share space, but also back office operations and joint mem- berships. Collectively, we can better serve our members and make all our associations stronger. We will focus on these and other initiatives that create new relationships, opportuni- ties, comradery, and collegiality for all CBA members. I am fortunate that Steve Elrod left a platform to work from, as did Judge
Second Vice President E. Lynn Grayson
Secretary Ray J. Koenig III
Treasurer Timothy S. Tomasik Executive Director Terrence M. Murphy
Assistance Executive Director Elizabeth A. McMeen Immediate Past President Steven M. Elrod BOARD OF MANAGERS Jonathan B. Amarilio Octavio Duran Sharon L. Eiseman Nina Fain Charles P. Golbert Hon. LaShonda A. Hunt Hon. Diane Joan Larsen Hon. Lori E. Lightfoot Kathryn C. Liss Michael R. Lufrano Lauren S. Novak Hon. Nichole C. Patton Trisha M. Rich Federico M. Rodriguez Ajay N. Shah
T he legal profession is evolving, and it is professional associations such as the Chicago Bar Association that can help members navigate the changing landscape. However, professional associa- tions are also changing. Across the country, membership in professional associations is declining, and what members seek from them is changing as well. Fortunately, our CBAmembership remains strong, at almost 18,000 members. Nevertheless, if we want to ensure our success for another 145 years, we must focus on strengthening the CBA and continually evolving to create value for our members and to serve their changing needs. Thus, in my year as your CBA presi- dent, my primary focus will be on investing for our collective future ‒ for the future of our association, and our members, our profession, and our communities. Prior to becoming a Deputy Gover- nor in the Pritzker administration earlier this year, I spent my entire legal career at one law firm: Drinker Biddle and Reath,
Adam J. Sheppard Adam M. Zebelian
8 July/August 2019
Thomas Mulroy. His “Future of the Legal Profession” project and resulting white paper set a path for continued work. As our profession continues to change, we must become indispensable to our members by preparing them for the future. We must become a recognized resource on legal industry trends and host annual forums and discussions that educate and train our members and build the CBA’s thought leadership in this area. As the gospel of Luke tells us, “From everyone who has been given much, much will be demanded; and from the one who has been entrusted with much, much will be asked.” We as lawyers owe it to our communities to share our legal skills to help those who are struggling to gain access to justice. Some in our surrounding com- munities see the CBA as just a group of “downtown” lawyers. In fact, a significant
portion of our membership is located outside the City of Chicago. While the Chicago Bar Foundation does a great job of promoting our pro bono and com- munity service efforts outside Chicago, we need to do more. We will focus on building more relationships with more diverse communities and organizations in need of pro bono and low-cost legal services. We will also continue the work of Steve Elrod, Judge Mulroy, and Dan Kotin in focusing on what we as a legal community can do to help combat gun violence in our communities. I hope you will join me in investing in your fellow CBA members, in our collective futures, in our profession, in our communities, and in our Chicago Bar Association for the next 145 years.
Dues Billing Reminders Annual Dues. In our ongoing effort to reduce administrative expenses and keep dues at the current level, the CBA has an annual billing cycle. Dues Auto Pay . Spread your dues payments throughout the year by signing up for the Dues Auto Pay Plan which allows you to pay your dues automatically on a monthly, quarterly, semi-annual or annual basis at no extra cost via automatic credit/debit card charges. Reduced Dues for Financial Hardships. Unemployedmembers and thosewith financial hardshipsmay request our reduced annual dues rate of $50. eStatement. Receive your CBA bills by email only and save time, postage and the environ- ment. BillingStatement. The CBA’s statement allows you to choose any or all of the above options and add in your own level of contributions to the Bar Foundation/ Legal Aid Fund and the CBA Building Fund. If you have any questions regarding your dues statement, email firstname.lastname@example.org or call 312/554-2020. CBA membership is an important investment in your professional and personal growth. We encourage you to renew, thank you for your support and look forward to serving you in the new bar year. Remember to renew by May 31, 2019 to receive free CLE coupons.
Powered by the Young Lawyers Section, the CBA’s new @theBar Blog is full of content relevant to YOU : Judicial Interviews, Committee and Member Spotlights, Practice Area Insights, Work Life/Balance, and more. Monthly columns include: Subscribe to the blog or its RSS feed to receive notice of new posts and be sure share articles with your colleagues! @ The Chicago Bar Association cbaatthebar.chicagobar.org the ar 4 A2J with Angela 4 Civil Procedure Tip of the Week 4 From the Bench 4 Future of the Profession 4 Health & Wellness 4 In-house Counsel Perspective 4 Virtual Mentor 4 Women in the Law
Recommended by 46 state andmore than 50 local bar associations, LawPay is proud to be the preferred payment partner of more than 35,000 lawfirms. Designed specifically for the legal industry, LawPay provides attorneys with a simple, secure, and online way to accept credit cards in their practice. LawPay understands the unique compliance and financial requirements placed on attorneys, which is why the LawPay platformwas designed specifi- cally to correctly separate earned and unearned payments, giving you peace of mind that your credit card transactions are always handled correctly. LawPay Provides Lawyers with Simple, Secure Online Credit Card Payments
LawPay is proud to partner with The Chicago Bar Association, and any CBA members who sign up for a LawPay account will get their first 3 months free. To learn more or to get started, visit lawpay.com/cba or call 866- 376-0950.
CBA RECORD 9
Bravo! CBA Symphony and Chorus Concert By Rosemary Simota Thompson, CBA Record Editorial Board
B eethoven, Schumann, and Saint- Saens would have been delighted! More than 300 lawyer-musicians and friends performed together in a concert filled with joyful melody and song in June. The Chicago Bar Association Symphony Orchestra and Chorus, the DePaul Com- munity Chorus, and the Niles Metropoli- tan Chorus combined their talents to make beautiful music for a rapt audience. Schumann Piano Concerto soloist Neil B. Posner was a professional musi- cian prior to law school, and toured with both Andy Williams and Peggy Lee. Now a partner and chair of the Policyholder Insurance Coverage Practice Group at
onstrated the words of a Chicago Sun Times music critic who lauded her as a “violinist of enviable gifts.” While still a teenager, she received a prestigious cer- tificate in violin performance from the Royal College of Music in London, and has performed as a soloist internationally. In other endeavors, Jones graduated cum laude from Harvard, and has worked for the U.S. State Department in Moscow, as a management consultant at McKinsey in New York, and as a lawyer with Ropes and Gray LLP in Boston. She also manages Elite Educational Coaching, which she founded. After the solos, the CBA Symphony
Much Law, Posner captured every nuance of Schumann’s concerto and received a standing ovation. From Benny Goodman to Mozart, John S. Vishneski III is Principal Clarinet of the CBA Symphony Orchestra, the leader of the Barristers Big Band, and a member of the Fair Use Quintet. When not making music, Vishneski is a partner at Reed Smith LLP whose practice focuses on insurance coverage litigation. He excelled in the performance of Mozart’s Clarinet Concerto. Sara Su Jones’ interpretation of the Saint-Saens Violin Concerto No. 3 was exquisite, and her performance dem-
10 July/August 2019
ODE TO JOY! CBA Symphony Orchestra and Chorus Closes Season on a High Note The stage at Chicago’s Symphony Center was occupied by lawyers and judges as the musicians from the Chicago Bar Association’s Symphony Orchestra and Chorus offered their final performance of the season with the spectacular concert “Ode to Joy,” featuring the Choral Finale from Beethoven’s Symphony No. 9. Joined by the members of the DePaul Community Chorus and the Niles Metropolitan Chorus, more than 300 musicians took part in the combined ensemble perfor- mance, which featured music by Schumann, Mozart and Saint-Saens as well as performances by the win- ners of the American Prize in Voice Chicago Oratorio Award. “Lawyers really can make beautiful music together and no one understands that better than the members of the Chicago Bar Association’s Sym- phony Orchestra and Chorus,” said John Vishneski III, the principle clarinetist of the group.
Orchestra, the CBA Chorus, and the Guest Choirs changed the tempo and performed a joyful musical interpretation of poems by May Swenson and Walt Whitman, followed by a trio of African-American Spirituals. For the finale celebration, the last movement of Beethoven’s Symphony No. 9, “Ode to Joy” brought the audience to its feet. As an encore, all performers joined in a stirring rendition of the Hal- lelujah Chorus from Handel’s Messiah. Ode to Joy and the Hallelujah Chorus featured the winners of the American Prize Chicago Oratorio Award: Amy Pfrimmer, soprano; Ann Cravero, mezzo-soprano; PatrickMuehleise, tenor; and Leo Radosav- ljevic, bass-baritone. After conductor David Lazaar Katz took his final bow, the performers turned the tables and broke into a heartfelt version of Happy Birthday – an unscheduled musical tribute.
When asked how he was able to find the time to excel at both music and the law, John Vishneski said,“You docket your time for practice in the same way you docket your time for court. The two disciplines are remarkably similar. Both take years of prep work, practice, rehearsal, and dedica- tion – plus, when you end up in front of an audience or a jury – it is improv time!” Michael Poulos, Assistant Conductor, commented, “When I have initial contact with opposing counsel, I often sense an adversarial attitude. Then, I mention the CBA Symphony Orchestra, and everything changes. Almost everyone loves music, so we chat about that rather than the case. It is the first step in establishing a relationship. Suddenly, we are no longer adversaries – just two lawyers working together to solve our clients’ problems. And that, for this lawyer at least, really is the magic in the music.”
CBA RECORD 11
STATE OF ILLINOIS v. CITY OF CHICAGO How DidWe Get Here &What DoWe Do Now? By Kathryn C. Liss, Director of the Schiller DuCanto & Fleck Family Law Center and an Academic Advisor at DePaul University College of Law and CBA Editorial Board Member
Robert Kreisman of Kreisman Law Offices is Chair of the CBA’s Public Affairs Committee and served as moderator for the wide- ranging panel discussion that explored how the Consent Decree was implemented and what the impacts of police reform in Chicago will look like in the future. Seated (left to right) are panelists Linda Greene, Professor of Law at the University of Wisconsin-Madison; Cara Hendrickson, former Chief of the Public Interest Bureau of the Illinois Attorney General’s Office and now a partner at Massey & Gail LLP; and Karen Sheley, Director of the Police Practices Project at the American Civil Liberties Union. T he City of Chicago spent approxi- mately $662 million on settle- ments, judgments, and outside City is an initial attempt to make these changes and to move Chicago forward for the betterment of everyone living here. cago Police Department’s policies and practices as well as the appointment of an independent monitor.
legal fees for police misconduct cases between 2004 and early 2016. From a fiscal perspective, this exorbitant expense is evidence of a system that needs imme- diate change. From a humanitarian per- spective, the expense is evidence that the system needs to change to ensure dignity for Chicagoans and to provide proper training to and support for Chicago police officers. The recently approved consent decree between the State of Illinois and the
In March 2018, the State and City reached a Memorandum of Agreement with a coalition of community groups after lengthy in-person negotiations between the State and City, and more than a dozen settlement conferences with the Court. There was also substantial public outreach to community groups and other stakeholders: through 14 consent decree community roundtables, the State received over 6,000 comments
Background In August 2017, the State filed a four- count lawsuit against the City pursuant to 42 U.S.C. § 1983, the U.S .Constitu- tion, the Illinois Constitution, the Illinois Civil Rights Act of 2003, the Illinois Human Rights Act, and the parens patria doctrine. The State sought a Consent Decree incorporating significant reforms addressing deficiencies within the Chi-
12 July/August 2019
Approval of Consent Decree The court approved the consent decree in January 2019, with its opinion saying that it is “lawful, fair, reasonable, and adequate” and that it is “consistent with the Constitution and law, does not under- mine the rightful interests of third parties, and is an appropriate commitment of the court’s limited resources.” E.E.O.C. v. Hirman Walker & Sons, Inc., 768 F.2d 884.889 (7 th Cir. 1985); Kasper v. Db. Of Election Comm’rs of the City of Chicago , 814 F.2d 332, 338 (7 th Cir. 1987). The consent decree is not a finding of guilt against either party or an admission of liability by anyone, nor is it necessarily the end of the matter. The State and City will need to continue to work together to resolve these extremely important issues that affect everyone in Chicago. Moving Forward Of importance, the court’s opinion noted that this consent decree “is not perfect.” However, it “is an important first step toward needed reforms of the Chicago Police Department and its policies.” The goal is to ensure that “the critically important job of policing in Chicago is done fairly, transparently, and without bias, affording dignity to those who are served and protected and proper guidance, training, and support for the women and men who comprise the police force.” As a matter of contract enforcement, the court will continue to have author- ity over the parties and will work closely with the appointed “monitor, the parties, and the people of Chicago to secure and maintain compliance with the terms of
on the proposed consent decree. Further- more, the State received roughly 1,600 additional comments to the proposed consent decree. In June 2018, the Fraternal Order of Police Lodge No. 7, the exclusive repre- sentative for the purpose of negotiating with the City of Chicago for wages, hours and working conditions of Chicago police officers, filed a Motion to Intervene in the State’s lawsuit. The FOP sought to become a party to the proceeding because it did not agree to the March 2018 Memoran- dum of Agreement. In August 2018, the Court denied the motion, and the Seventh Circuit affirmed in January 2019. In July 2018, the State and City released a draft Consent Decree for public review. Topics included community polic- ing; impartial policing; crisis intervention; use of force; recruitment; hiring and promotion; training; supervision; officer wellness and support; accountability and transparency; data collection, analysis and management; and implementation, enforcement and monitoring. The Con- sent Decree also acknowledged that the City is subject to collective bargaining agreements with unions representing police officers and that the decree will not alter or conflict with any of these agree- ments. By August 2018, the public had sub- mitted almost 1,700 additional comments on the draft consent decree, resulting in more changes. (The majority of comments favored the decree, while some opposed it and others wanted it to be stronger.) A revised consent decree was submitted to the court for approval in September 2018.
the decree with an eye toward ultimately terminating the decree upon a finding of substantial compliance.” The recently assembled monitoring team will have a $2.85 million maximum annual budget. It will work with the court, the State, the City, and constituent groups for as long as necessary to ensure compliance. Furthermore, the City will need to use “best efforts” in working with the unions representing the Chicago Police Department to achieve many of the reforms required by the decree. Court oversight will end only upon full compli- ance with the consent decree. The Municipal and the Law Committee is con- cerned with the functioning of procedures and miscellaneous matters relating to all districts and divisions of theMunicipal and LawDivisions of the Circuit Court of Cook County, including (First Municipal Sections: Criminal/Civil includ- ing Post Judgment, Housing, Eviction - Law Sections: Law Jury, Commercial, Tax and Mis- cellaneous Remedies and other miscellaneous matters) proposed legislation, rules and proce- dures for that division and the inter-relationship of the various governmental agencies affecting those divisions including the offices of the Clerk and of the Sheriff. Join the committee’s roster atwww.chicagobar.org/committees or call 312- 554-2134 to receive email notice of upcoming meetings and seminars. Join Municipal and the Law Committee
Chicago Bar and UPS took the guesswork out, and put the easy in. Members now have access to new and improved flat rate pricing with savings of 45% on Domestic Next Day/Deferred, 25% on Ground Commercial / Residential and up to 50% on additional services. In addition, members can take advantage of UPS Smart Pickup® service for free. Open a new account, or if you are already taking advantage of our UPS savings program, re-enroll and apply the new discounts to your existing account by visiting: www.savewithups.com/cba or call 1-800-MEMBERS (1-800-636-2377), M-F 8 a.m. – 5 p.m., ET. *Visit www.savewithups.com/cba for specific services and discounts. Flat Rate Discounts on Shipping
CBA RECORD 13
CBA’S Master Class on Reducing Implicit Bias in the Courts and the Legal Profession By Adam Sheppard T he science and literature on implicit (unconscious) bias confirm that everyone has implicit biases.
Members of the legal profession should especially be aware of its effects. To help educate the bench and bar, the CBA hosted and organized a well-attended master class on implicit bias as part of its signature series programming. Implicit bias is generally defined as “[a] preference (positive or negative) for a group based on a stereotype or attitude we hold that operates outside of human awareness and can be understood as a lens through which a person views the world that automatically filters how a person takes in and acts in regard to information.” https://www.americanbar. org/groups/litigation/initiatives/task- force-implicit-bias/implicit-bias-toolbox/ glossary/. Numerous studies, including by the American Bar Association, have concluded that everyone, including judges and jurors, comes to the table with implicit biases that may influence how they interpret evidence, understand facts, and make judgment calls. See also https:// www.uclalawreview.org/pdf/59-5-1.pdf. Retired Professor Sarah Redfield from the University of New Hampshire Law School, a leading researcher and author on reducing implicit bias in the legal profession, educated the audience on “becoming aware” of implicit biases. For example, when you picture an astronaut in your head, what race is the astronaut? She then focused on becoming “implicit bias literate” such as by recognizing “micro messages:” subtle slights and snubs that devalue someone with whom you are interacting. For example, you shake a person’s hand, but barely make eye contact. You sit in on a colleague’s presentation and repeatedly glance down at your phone. Next, she addressed “disrupting implicit bias.” Two ways to do this are by creating
The Chicago Bar Association hosted a special Signature Series event exploring the topic of implicit bias in the courts and the legal profession and examining the ways in which implicit bias affects lawyers, judges and the justice system. The program was headlined by University of New Hampshire Law Professor Sara Redfield, an author and presenter who speaks nationally about strategies for interrupting implicit bias in the decision making process for lawyers, judges and court staff. Participants in the panel discussion included (left to right) John C. Sciaccotta of Aronberg Goldgehn, Adam Sheppard of the Sheppard Law Firm, Cook County Circuit Court Judge Kristal Royce Rivers and Illinois Appellate Court Justice Michael B. Hyman.
checklists about information that you are seeking, and setting criteria for judgments ahead of time. Finally, she discussed “take away” strategies and “homework” assignments for the audience, including taking the Implicit Association Test. The IAT measures attitudes and beliefs that people may be unwilling or unable to report. (Found at https://implicit. harvard.edu/). Chicago criminal defense attorney Adam Sheppard lectured on implicit bias jury instructions, including Illinois Pattern Instruction 1.08. Sheppard cited authority in support of making an “implicit bias” instruction mandatory – not just discretionary – in both civil and criminal cases. He predicted that a mandatory instruction would be forthcoming. Many jurisdictions also show potential jurors a short video about implicit bias when they are waiting in the jury assembly room. Sheppard played a clip from one jurisdiction. The notes to
IPI 1.08 also suggest playing a video in Illinois courts. First District Justice Michael B. Hyman and Circuit Court Judge Kristal Rivers gave real-life examples of how implicit bias may affect judging. John Sciaccotta, of Aronberg Goldgehn, told of his experience with implicit bias in civil litigation. A lively question-and- answer session followed the presentation. Presentations like the CBA’s master class on implicit bias are necessary to train lawyers and judges on how to incorporate anti-bias ideas and procedures in the courtroom. Nina Fain, of the CBA Board of Managers and the CBA Editorial Board, organized the program and introduced the panelists. Adam Sheppard is a partner at Sheppard Law Firm, P.C., a criminal defense firm. He is a member of the CBA Board of Managers and CBA Editorial Board.
14 July/August 2019
CLE & MEMBER NEWS Practice Area Committee Participation – Earn Free MCLE Credit!
The CBA is your local spot for MCLE
or home (only livewebcasts count for credit, not archivedmeetings). Plus, all of our com- mitteemeetings are free!Makingcommittee participation a terrific way to earn MCLE credits at no cost. Confirmation of committee assignments and 2019-20meetingdate scheduleswill be emailed to all committee members in mid- August.Most committeeswill beginmeeting again inSeptember. Questions? Call or email Awilda Reyes at 312-554-2134, areyes@ chicagobar.org. (Note: Committeemembers will receive email notification regarding committee meetings, speakers, hand out materials, legislation, etc. However, you do not have to be listed on the committee roster to attend itsmeetings. Anymember is welcome to attend any committeemeeting. Check theweeklyCBAe-Bulletin (emailed to all members every Thursday) or visit www. chicagobar.org/committees for a current list ofmeeting topics, speakers,MCLE credit and Webcast availability.)
Over the summer, members are asked to review and update their committee assign- ments for the new bar year via the online committee signup formatwww.chicagobar. org under the Committees tab. Please note, committee members will remain on their current assignments unless they make changes to their committee record. Members who are not currently serving on committees are invited to get active this year. A complete description of all CBA and YLS committees, along with their meeting dates and new leadership information, is available at www.chicagobar.org under the Committees tab. Aprintable PDF committee sign-up form is also located on the website or can be obtained by calling 312-554-2134. CBA and YLS noon hour committee meetings typically qualify for free Illinois MCLE credit. The amount of credit depends on the length of the presentation (average credit is 0.75 hours) and most committee meetings are webcast live enabling you to earn free credit without leaving your office CBA Welcomes May New Admittees OnMay 9, approximately 400 newattorneys were admitted to practice law in the state of Illinois. To help introduce new admittees to the legal profession, the CBA offers free membershipand freeCLE for one year. Addi- tional member benefits include job search resources, how-to seminars, participation in practice and service committee activities, Solo/Small Firm Resources Portal Did you know that the CBA has a free resourceportal for solo small firmmembers? Access archived programs on firm market- ing, launchinga legal practice, legal software
Register for a Seminar Today 312/554-2056 www.chicagobar.org
Last Call for Membership Dues! * Don’t forget to renewyour CBAmem- bership this summer! Payment must be received by August 31 to retain your savings and benefits including: free CLE seminars, free noon hour practice area committee meetings offering free Illinois MCLE (live and livewebcast), lowcost businessman- agement and technology skills train- ing, client development workshops, complimentary hand- on job search/ career advancement programs, free judicial roundtables, joint eventswith other professional groups, leadership training, affordablepracticemanage- ment consulting, pro bono legal and community service volunteer oppor- tunities, members only discount programs, and much more. Renew today at www.chicagobar. org/renew or call 312-554-2020. *Special Billing Notes: Reduced dues are available for unemployed members and thosewithfinancial hardships. Call 312-554- 2131 or see dues hardship form at www. chicagobar.org. For dues installment plan, call 312-554-2020. If you do not wish to renew for this membership period, please email email@example.com to resign your membership and avoid reinstatement fees in the future. 312-554-2130 or send an email to info@ chicagobar.org includingyour name, phone, email address and CBA member number. Please note that the CBA does not provide or sell member email addresses to outside entities nor will we bombard you with unnecessary emails. Thank you!
career development services, mentoring andnetworkingopportunities, social events and much more. If you know a new lawyer who has not yet activated his or her com- plimentary membership, please encourage them to do so. Call 312-554-2131 for more information.
demos, client development andmore. Go to www.chicagobar.org, click on the Resources tab, then Solo Small FirmResource Portal, or call 312-554-2059.
Looking for Affordable Meeting Space in the Loop?
social gatherings etc. Call Michele Spodarek, CBAConferenceCenterManager, at 312-554- 2124 for details.
The CBAhas a variety of meeting rooms and can provide catering and audio/visual ser- vices for client conferences, firm meetings,
Wanted: CBA Member Email Addresses
the Association. – Receive timely notices of your committee meetings, topics and speakers. – Cut down on the amount of mail the CBA sends which helps lower these expenses and saves trees! To notify us of your email address, call
We need your email address! By providing us your email address, you will: – Receive theCBAe-Bulletin everyThursday containing a list of the following week’s committee meetings and speakers noting FREEMCLE credit, upcoming seminars, net- working events and important news about
CBA RECORD 15
Chicago Bar Foundation Report
Navigating the Courthouse Maze without a Lawyer: Perspectives from Illinois JusticeCorps By Cortney Redman, Regional Program Manager, Illinois JusticeCorps
in the legal community must continue seeking out, building, and supporting new and innovative solutions like Illinois JusticeCorps. For more information or to find out how you can get involved with Illinois JusticeCorps or other access to justice initiatives, visit the CBF website at chicagobarfoundation.org or call 312/554- 1204. JusticeCorps volunteers Here are the experiences and perspectives of four current JusticeCorps volunteers working in courthouses in the greater Chicago area. Lauren Spungen, Lake County Courthouse, Waukegan Serving as a JusticeCorps volunteer at the Lake County Courthouse has opened my eyes to the many barriers that prevent people without lawyers from finding access to justice. I see how, without the expertise of an attorney, individuals with civil court cases struggle to protect the people and possessions most important to them, all while navigating a seemingly Kafkaesque legal system effectively on their own. I frequently encounter people in the courthouse who have trouble comprehending the language used both on court forms and in the courtroom. For non-English speakers, this obstacle is self-evident; they are expected to prepare motions and responses in English, and then must comply with court orders written in a language that they do not
From the moment a person without a lawyer steps foot in the courthouse, they must overcome obstacles to participate fully in the justice system. These obstacles, both procedural and substantive, can make someone feel like they have lost their case before it has even started. Fortunately for court patrons in the Daley Center and at some other Illinois courthouses, an inno- vative program is available to help: Illinois JusticeCorps. Pioneered byThe Chicago Bar Founda- tion in 2012, Illinois JusticeCorps trains and places college students and recent college graduates in courthouses across Illinois to make the courts more welcom- ing and less intimidating. For people without lawyers, navigating a system that has historically been inhabited exclusively by lawyers can feel nearly impossible. Justi- ceCorps volunteers can help court patrons in a variety of ways by offering navigational assistance, legal information, and referrals. JusticeCorps has expanded over the years in partnership with the Illinois Bar Foundation, the Illinois Supreme Court Commission on Access to Justice, and the Serve Illinois Commission. The program now operates in 13 sites throughout the state. While JusticeCorps has the same goal in each location—helping people without lawyers—each site is unique and reflects the resources and needs of each courthouse. A Call to Action As the number of people without lawyers coming to court continues to rise, we
understand fluently. A similar language barrier exists even for English speakers— legal terms such as “appearance” or “alias summons” are likely unfamiliar and might need to be explained in simpler language. The logistics of coming to court can also be taxing for people without lawyers. For many, a court date means a day without income, or perhaps even job loss. Parents might also have to find childcare while they are in court. When individuals without lawyers finally enter the courthouse, perhaps for the first time, they are often unsure where to go, to whom to speak, and how to act in the courtroom. I have been continually amazed by Lake County’s commitment to eliminating the obstacles faced by people without lawyers. Last fall, the family division opened a courtroom to address only matters where
16 July/August 2019
Spanish, Russian, French, Hindi, Urdu, Arabic, and Japanese—allowing us to assist diverse populations in need of legal help. For individuals with cases pending at the Daley Center, many free and low-cost services are available. But, understanding what those services are and how to access them can be nearly impossible if you are not familiar with the Chicago legal world. During our time as JusticeCorps volunteers, we have become experts on what resources exist for those who could not otherwise afford traditional representation, allowing us to direct people to the resources that are best for their needs. It continues to be a privilege to see and understand Chicago’s pro bono and legal aid community at work. We are in constant awe of the legal aid providers we work with who continue to stretch their limited resources to tirelessly provide assistance to the underserved populations of Chicago. Clarissa Todd, George N. Leighton Criminal Courthouse, Chicago As one of the first JusticeCorps Fellows placed at the George N. Leighton Criminal Courthouse, my job is to offer neutral assistance to the many different types of court patrons who visit the courthouse every day. I work with all the parties intertwined in the criminal justice system including victims, jury members, law enforcement officers, attorneys, press, and court personnel. Interacting with this wide array of individuals has given me the opportunity to assess the needs of the
public as they pertain to criminal court proceedings and, in turn, to promote more patron-friendly practices within this courthouse. While JusticeCorps volunteers in the civil system primarily help self-represented litigants move through the court process, our work in the criminal system focuses more heavily on access to information. Accurate and reliable information is crucial to following and understanding a criminal case, but it is often difficult to access, even if a defendant has a public defender. In listening to the needs of defendants and their loved ones and then seeking answers, JusticeCorps volunteers have become a one-stop shop where court patrons can have their questions answered and learn how to use public information tools to follow criminal proceedings. Sometimes the information provided about a case is outdated, or altogether inaccurate. With a criminal justice system as large as Cook County’s, miscommuni- cation between agencies can go undetected until an individual arrives at court and is told the information they relied upon is incorrect. Every day, JusticeCorps members at this courthouse encounter confusion, frustration, and mistrust of the court because of situations like these. Even if we are unable to remedy every situation, we can take the time to listen to court patrons, find out what they need, and adapt so that we can better serve defendants and the public at large.
both parties are self-represented, and nearly every day, local attorneys volunteer to help mediate cases and prepare orders. This past year, I have assisted many people with cases pending in that courtroom, and it has been a great privilege to work alongside judges, lawyers, and court personnel who are so dedicated to facilitating access to justice. Juan Dawson & Melissa Segarra, Richard J. Daley Center, Chicago Serving as volunteers in the Illinois JusticeCorps program at the Richard J. Daley Center has given us the unique opportunity to improve access to justice for people without lawyers in Chicago. Navigating the civil court systemwithout a lawyer presents many challenges for people without a legal background, and when those challenges are encountered in one of the largest civil courthouses in the country, they can sometimes feel insurmountable. As JusticeCorps volunteers, we try to either eliminate or diminish those challenges by directing them to the appropriate courtroom, helping them fill out court forms, accompanying them through the filing process, and almost anything else that would help ease the process. On a daily basis, we encounter people who do not speak English as their native language and struggle to communicate with court staff. At the Daley Center, in addition to the two of us, over a dozen other JusticeCorps volunteers give their time to help people without lawyers. Our team of volunteers has a multitude of foreign language abilities—including
CBA RECORD 17
history. The Justice John Paul Stevens Award was established by the Association’s Board of Managers in 2000 and is the Association’s highest honor. Justice Stevens recently passed away at age 99. His most recent book, The Making of a Justice: Reflections on My First 94 Years, is a personal account of his distinguished career and his service on the Supreme Court. Among other books, Justice Stevens also authored Six Amendments: How and Why We Should Change the Constitution, and Five Chiefs, a compendium of the Justice’s memories of each U.S. Supreme Court Chief Justice he worked with during his 34-year tenure on the Court. Nominations for the 2019 Justice Stevens Award should be submitted by August 9, 2019 to Terrence M. Murphy, CBA Executive Director, 321 S. Plymouth Court, Chicago, IL 60604 or tmurphy@ chicagobar.org. The date for this year’s Justice Stevens Award luncheon will be announced in late August. CBA Open House Reception President Jesse Ruiz and YLS Chair Octa- vio Duran look forward to welcoming members at the Fall Open House Recep- tion on Wednesday, September 18, 2019 from 5:00-7:00 p.m. at the CBA Build- ing. Join your colleagues from the bench and the bar and meet new friends at this special CBA social reception for members. Cocktails, hors d’oeuvres, music, and good times are guaranteed. There is no charge for members. RSVP at www.chicagobar. org/chicagobar/2019Welcome. 96th Annual Golf Outing Fore! Don’t miss the Association’s 96th Annual Golf Outing on Wednesday, Sep- tember 11, 2019 at Harborside Interna- tional Golf Course, 11001 S. Doty Avenue, Chicago. Harborside International has always been among the top Chicago area public courses and gets better each year. Harborside has country club fairways, well- manicured greens, and plenty of trouble including thick rough, strategically placed traps (some look like small quarries), and water that swallows errant golf shots. Golf Committee Chair Jim FortCamp, Sey-
MURPHY’S LAW BY TERRENCE M. MURPHY, CBA EXECUTIVE DIRECTOR
Chicago’s legal community gave awarmwelcome to the city’s newMayor onMay 29 at the All Bar Reception honoring Lori Lightfoot. A standing-room-only crowd heard from Mayor Lightfoot about her priorities to quell the city’s violence and restore integrity to government. A former partner at Mayer Brown and a member of the CBA’s Board of Managers, she also spoke of her passion for the law and the importance of the legal community’s role in helping to bring change to city government.“I know that I will be looking tomany of you right here in this room to help solve some of our city’s greatest challenges,” Lightfoot told the crowd. Thank you to our co-sponsors: Black Women Lawyers’ Association, Federal Bar Association, Lesbian and Gay Bar Association of Chicago, Serbian Bar Association of America, Advocates Society, American Immigration Lawyers Association Chicago Chapter, Appellate Lawyers Association, Arab American Bar Association of Illinois, Asian American Bar Association, Catholic Lawyers Guild of Chicago, Cook County Bar Association, Decalogue Society of Lawyers, Hispanic Lawyers Association of Illinois, Justinian Society of Lawyers, Muslim Bar Association, Puerto Rican Bar Association, South Asian Bar Association of Chicago, and Women’s Bar Association of Illinois.
Nominations for the 2019 Justice John Paul Stevens Award Each year, the Association honors lawyers and judges whose careers best exemplify U.S. Supreme Court Justice John Paul Stevens’ integrity and commitment to public service. Justice Stevens served as Second Vice-President of The CBA until his appointment to the U.S. Court of Appeals for the 7th Circuit in 1970 by
President RichardM. Nixon. In December 1975 President Gerald Ford nominated Justice Stevens to fill the vacancy left by U.S. Supreme Court Justice William O. Douglas. Justice Stevens was unanimously confirmed by the U.S. Senate and was sworn in at the U.S. Supreme Court on December 19, 1975. Justice Stevens retired from the Supreme Court in 2010 and is the third-longest-serving justice in the Court’s