Illinois Bar Journal

When writing or editing on behalf of your boss, you need to keep two things in mind, writes Patrick Barry in his May Illinois Bar Journal article, “Anticipatory Edits.” Barry, a writing professor at the University of Chicago Law School, says always consider “the actual people who are going to review your writing; and the likely changes they’ll make to it. By implementing those changes yourself—before the document ever hits your boss’s desk or inbox—you can save them a lot of time and cognitive effort. I doubt they’ll hold that against you. One way to think about anticipating the edits of your boss is to view the process as a form of targeted foresight. You need to make informed predictions about a particular person’s future revisions and then adjust your current draft accordingly.”

Every litigant in a civil action in Illinois has a statutory right to seek a change of judge without cause. But a judicially created constraint commonly known as the “test the waters doctrine” often limited a party’s ability to invoke the right to change judges. Recently, the Illinois Supreme Court abolished the test the waters doctrine expanding a litigant’s statutory right to change judges without cause, writes Daniel J. Karrison in his May Illinois Bar Journal article, “Test the Waters Doctrine Sinks.”

Understanding the concept of “coercive control” is essential when dealing with abuse survivors. Yet, Illinois currently is not among states that have incorporated “coercive control” into their domestic violence statutes. But that doesn’t mean the concept is invisible within Illinois’ legal framework.

The “absurdity” of pleading mutually exclusive alternative facts has long been a target for those looking to poke fun at attorneys for being dishonest or unscrupulous, writes Jake Crabbs in his April Illinois Bar Journal article, “A Broken Kettle of Fish.” The title of Crabbs’ article alludes to an old joke about a man sued for breaking a borrowed kettle: First, the man argued that he “never borrowed the kettle; second, that it was cracked when he borrowed it; and third, that it was sound when he carried it back.” Crabbs states that a lack of personal knowledge is the touchstone of proper alternative fact pleading, and goes on to explain why alternative fact pleading is a useful, and sometimes necessary, legal tactic.