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Bar News Sections

Illinois Bar Journal

  • October 30, 2023 | Practice News
    Giving the Devil His Due

     It’s Halloween season, so what better time than to reflect on the role of “Devil’s advocate,” suggests ISBA General Counsel Charles J. Northrup in his October Illinois Bar Journal ethics column, “Giving the Devil His Due.” The essential characteristic of the Devil’s advocate is good communication, Northrup continues. “And as a fundamental part of good communication, it should come as no surprise that the idea of being a good Devil’s advocate is fully embraced by the Illinois Rules of Professional Conduct.”

  • October 25, 2023 | Practice News
    The Illinois-Federal Foreclosure Split

     As federal and Illinois state courts seem to disagree as to whether in personam deficiency judgments are mandatory or discretionary under the Illinois Mortgage Foreclosure Law (IMFL), what’s a client to do? In his October Illinois Bar Journal article, “The Illinois-Federal Foreclosure Split,” Morgan I. Marcus writes that there are practical considerations for creditors and borrowers to keep in mind.

  • October 16, 2023 | Practice News
    Judgment Revivals: The Seven-Year Itch

     Most attorneys are aware that a revival is not a new action; it is a continuation of the existing action where a final judgment is already entered. The Revival Act only establishes how and when the vested right may be enforced through legal actions filed in the court. But, as Mike Starzec notes in his October Illinois Bar Journal article, “Judgment Revivals: The Seven-Year Itch,” recent amendments to the Revival Act create two classes of judgments with different effective dates requiring revivals at radically different times.

  • October 9, 2023 | Practice News
    What I Learned From Teaching Trial Advocacy: Opening Statements and Storytelling

     The Illinois Bar Journal’s October issue debuts a five-part series on trial advocacy by retired Justice Gino DiVito, who cofounded and is a partner of the Chicago law firm of Tabet DiVito & Rothstein LLC. He has served as a trial judge and as a justice of the First District of the Illinois Appellate Court. He is the author of the ISBA publication, “The Illinois Rules of Evidence: A Color-Coded Guide,” which is updated annually. In his series, “What I Learned From Teaching Trial Advocacy,” Justice DiVito shares his personal experiences based primarily on trying cases and teaching the four stages of trial advocacy.

  • October 4, 2023 | Practice News
    Let’s Get Legal

     In July 2021, the ISBA launched an ISBA-sponsored radio program on 720 AM WGN Radio in Chicago. The show, Let’s Get Legal, allows ISBA members to book themselves on a friendly call-in show hosted by WGN’s Jon Hansen. The station’s 50,000-watt signal and streaming service reach more than 600,000 adults in the Chicagoland area and throughout the state, and attorneys who appear can gain credibility and name recognition with WGN’s loyal listeners.

  • September 25, 2023 | Practice News
    To Gift or Not to Gift

     If, as scheduled, the federal gift and estate tax exemption is reduced by roughly 50 percent effective Jan. 1, 2026, how does that reduction affect federal estate taxes payable by decedents whose lifetime gifts exceed the available exemption at the time of death? This is one of many questions addressed by Gary R. Gehlbach in his October Illinois Bar Journal article, “To Gift or Not to Gift.”

  • September 18, 2023 | Practice News
    Hello, Goodbye … Planning for Retirement Success

     As James A. Rapp reminds us in his September Illinois Bar Journal article, “Hello, Goodbye … Planning for Retirement Success,” about one in eight lawyers is 65 years old or older, which means facing the challenge of succession planning is here for many lawyers and firms. Rapp suggests that lawyers and firms should consider what experiences—good and bad—they have had within the firm and with other lawyers or firms when lawyers retire and recommends that lawyers and firms develop a perspective consistent with the interests of the lawyer involved, the firm, and most importantly, the firm’s clients.

  • September 11, 2023 | Practice News
    Busting the Myth About Corporate Trustee Fees

     In his September Illinois Bar Journal article, “Busting the Myth About Corporate Trustee Fees,” Jay E. Harker notes that many Illinois attorneys—some regularly, some occasionally—draft revocable, living trusts, and that all of them know firsthand that clients overwhelmingly prefer to designate family members as their successor trustees. This very often this works out just fine for all concerned, Harker notes. But he suggests that some estate-planning scenarios scream for serious consideration of a corporate trustee.

  • September 5, 2023 | Practice News
    Saving Face in Cyberspace

     Security-related advice will be among the many topics covered during the “ISBA Solo and Small Firm Conference 2023: The Intersection of Technology and the Law” Sept. 28-29. Speakers for the security-related sessions spoke with the Illinois Bar Journal to summarize what they plan to discuss. For example, too many solo and small firms assume that their size protects them. But hackers know such firms have “fewer resources and less time, and they’re less attuned to cyberthreats because they’re just trying to run their businesses,” one presenter says.

  • August 28, 2023 | Practice News
    Chat Not

     In his August Illinois Bar Journal Judging Your Writing column, “Chat Not,” First District Illinois Appellate Court Justice Michael B. Hyman experiments with ChatGPT and gauges its capability as a legal writing tool. He asks OpenAI’s free ChatGPT 3.5 to prepare memos on various legal topics and prods the tool when its answers lack substance. His conclusion—chatbots are not a viable option … yet.