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The Biometric Information Privacy Act (“BIPA”) is the litigation gift that keeps on giving, writes Charles N. Insler in his October Illinois Bar Journal article, “Insurance Providers & BIPA Litigation.”
In casual conversation, most lawyers, especially those practicing outside the constitutional law arena, would likely refer to the First Amendment as protecting free speech. However, the First Amendment also covers a host of other rights, one of which is that “Congress shall make no law … abridging … the right of the people … to petition the Government for a redress of grievances”—more commonly known as the Petition Clause.
There is inherent tension between an accused’s fundamental rights and the government’s compelling interest in solving crime, write Christopher Keleher and Steven Becker in their October Illinois Bar Journal article, "To Remain Silent."
Of the many ways the Illinois State Bar Association serves the public, judicial evaluations, high school mock trial competitions, and providing the public with legal information tops them all. But as the October Illinois Bar Journal cover story (“Public Service and the ISBA”) shows, there is much, much more.
It is not uncommon for a court opinion to be correct in describing the forest, but perhaps not every tree. Such may have happened with the opinion issued by the Second District Appellate Court in Naughton v. Pfaff, writes Dennis A. Rendleman in his September Illinois Bar Journal article, “A Client or Not a Client? That Is the Question.” The Naughton ruling has made Illinois an outlier, Rendleman states, since the prevailing interpretation in the U.S. is that a referring lawyer has an attorney-client relationship with the referred individual when making a referral to a receiving lawyer. Being one’s client is a prerequisite to the establishment of a referral agreement between the referring lawyer, the client, and the receiving lawyer.
Few occasions in the criminal justice system warrant celebration. Early in her practice as a prosecutor, Becky Hougesen Walters believed a guilty verdict was one of them. A few assignments later and over two years in the felony review unit reviewing evidence in Cook County’s most heinous crimes persuaded her that she was wrong. No matter the outcome, lives are destroyed, families are broken, and no one is truly “made whole” on either side of the courtroom.
This year saw one of the most significant pieces of tort reform enacted in Illinois history, writes Michael Adler in his September Illinois Bar Journal article, “Navigating Illinois’ New Prejudgment Interest Statute.” On May 28, 2021, Gov. J.B. Pritzker signed into law a 6 percent prejudgment interest rate on all personal injury and wrongful death cases. Illinois joins 46 other states with some form of prejudgment interest.
Building a diverse and inclusive law office, managing a hybrid practice, responsibly handling social media, building and strengthening relationships with clients, combating workplace stress, and developing employee handbooks are all in the mix for the 2022 ISBA Solo and Small Firm Conference, titled “Navigating the New Normal—Your Modern Practice.”
Pleading and proving claims for a duty of additional care by a common carrier because of a passenger’s alcohol intoxication is challenging and difficult. Therefore, writes Gerald T. Donoghue in his August Illinois Bar Journal article, “Intoxicated Passengers and Common Carriers,” it is important for plaintiff attorneys to carefully screen intoxicated-passenger cases before seeking to litigate.
Far too often, writes Monique Patton Woody in her August Illinois Bar Journal article, “Discharged With Care,” my colleagues and I field calls and inquiries from hospitals regarding patients with mental illness and in need of discharge placement for various reasons, including homelessness, inability to live independently, or a need for transitional programming before returning to independent living. However, in these matters, placement is but one piece of the puzzle, Patton Woody notes.