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Illinois Bar Journal

  • August 8, 2022 | Practice News
    From Illinois to Delaware

    Trusts, of course, are frequently utilized as asset-protection mechanisms. Still, writes Ira N. Helfgot in his August Illinois Bar Journal article, “From Illinois to Delaware,” many creditors are unfamiliar with how to proceed with collecting from trusts, particularly from Delaware trusts. Helfgot offers a primer for creditors attempting to collect their judgments against Illinois and Delaware trusts and explains what attorneys need to know about the differences between Delaware and Illinois trust instruments. 

  • August 1, 2022 | Practice News
    The ‘Just-Right’ Conundrum

    The Illinois Bar Journal’s August cover story examines gender biases and stereotypes in the law and features interviews with presenters of a July 2022 ISBA CLE program titled, “Techniques to Improve Gender Communication.” Moving beyond whether gender biases exist or not, the article provides pointers and examples for checking your blind spots when working with clients, colleagues, and contexts when biases are still in play. 

    Read the August Illinois Bar Journal article, "The ‘Just-Right’ Conundrum." 

  • July 25, 2022 | Practice News
    The Wi-Fi Witness

    In May 2020, the Illinois Supreme Court endorsed videoconferencing technology in civil trials. In his July Illinois Bar Journal article, “The Wi-Fi Witness,” Michael Adler recalls how he implemented this new technology in a 2021 medical malpractice case. Adler found that it is more cost effective, makes witness scheduling and trial preparation easier, and is more effective than prerecorded evidence depositions. Whether COVID-19 is still around or long gone, Adler writes, live remote witnesses via videoconferencing is a great tool for any Illinois trial attorney.

    1 comment (Most recent August 4, 2022)
  • July 20, 2022 | Practice News
    Become an Illinois Bar Journal Author and Receive CLE Credit

    The Illinois State Bar Association is inviting members to submit articles for publication in the Illinois Bar Journal (IBJ), our award-winning monthly publication that is sent to 28,000 attorneys throughout the state.

    When you become an author for the IBJ, you not only establish yourself as an authoritative subject matter expert, but you can also claim CLE credit for your work.

  • July 19, 2022 | Practice News
    Before Making an Offer the Other Side “Can’t Refuse”

    Prior to initiating civil litigation, lawyers often attempt to resolve matters by sending a prelitigation demand—often through a demand letter—instead of immediately filing a lawsuit. Prelawsuit demands can be a cost-efficient way to avoid litigation by demanding relief or putting the opposing side on notice of potential litigation. However, what happens when a client has a civil claim and a potential criminal claim or professional discipline complaint that can be brought against an opposing party or their counsel?

  • July 11, 2022 | Practice News
    The ISBA Is Accepting Submissions for the Annual Lincoln Award Legal Writing Contest

    The Illinois State Bar Association invites Young Lawyers Division (YLD) attorney members to establish yourselves as experts in your practice area and compete for your share of $5,000 in prize money by entering the Annual Lincoln Award Legal Writing Contest.

    Submissions should be useful, practical articles on topics important to practicing lawyers. Submissions will be considered for publication in the Illinois Bar Journal.

  • July 5, 2022 | Practice News
    Material Defects

    Gov. J.B. Pritzker signed into law on May 13, 2022, the first major overhaul of the Residential Real Property Disclosure Act (the “Act”) since its enactment in 1994. Over the span of 30-plus years since the original effective date of the Act, developments in electronic communication, new statutes, and real-world practical experience all generated the need for a thorough review. In his July Illinois Bar Journal article, “Material Defects,” Michael J. Rooney, a key drafter of the legislation, provides an in-depth walk-through of the Act’s finer points.

  • July 1, 2022 | Practice News
    The Bridge Builder

    Veteran family law attorney Rory T. Weiler is profiled in the July Illinois Bar Journal as the 2022-23 Illinois State Bar Association president, the 146th in the association’s history. Weiler tells the IBJ about his plans for initiatives serving urban legal deserts, protecting the practice of law, and empowering members.

  • June 22, 2022 | Practice News
    Illinois, Out on Bail

    In Feb. 22, 2021, Gov. J.B. Pritzker signed into law HB 3653. Among the many provisions contained within HB 3653 (now Public Act 101-0652) is the Pretrial Fairness Act (PFA), a massive overhaul of Illinois’ cash bail system. The PFA makes Illinois the first state to eliminate monetary bail, creating a system in which defendants will be released or detained pending trial based on their risk of nonappearance and/or their perceived dangerousness. If the individual does not fit a certain set of predetermined criteria, they must be released. In his June Illinois Bar Journal article, “Illinois, Out on Bail,” Thomas A. Drysdale compares Illinois’ new law to the federal criminal system, which has operated without cash bail for more than 35 years.

  • June 13, 2022 | Practice News
    To Release or Not to Release

    In February 2021, the Illinois General Assembly enacted sweeping changes to the state’s criminal justice system. The 764-page bill (now Public Act 101-0652), which has since been amended in part, addresses police conduct, bail reform, and pretrial release among other issues. In their June Illinois Bar Journal article, "To Release or Not to Release," Emily L. Fitch and Brenda M. (Duke) Mathis note that many prosecutors across the state opposed the changes in the bill while many defense attorneys embraced them.