2000 Articles

American Bar Association sanctions use of e-mail for communicating with clients By David N. Schaffer March 2000 The American Bar Association's Standing Committee on Ethics recently issued an opinion (Formal Opinion No. 99-413) regarding the use of unencrypted e-mail, as it relates to compliance with Model Rules of Professional Conduct.

Availability of experts in custody disputes By Grace G. Dickler March 2000 This writing will address the existing statutory scheme, case law, and proposed changes relative to the use of experts in custody and visitation cases.

Avoiding payment of child support to the SDU By Chris E. Freese June 2000 If your client wants to submit to the court a Judgment of Dissolution of Marriage that avoids the payment of child support through the State Disbursement Unit (SDU), can the court approve such a judgment?

Case law update By Barry H. Greenburg May 2000 In Re Matter of C.B.L., a Minor, A.B. Petitioner-Appellant v. H.L., Respondent-Appellee, 1st District, 4th Division, Appeal No. 1-98-2011, Appeal from the Circuit Court of Cook County, filed December 16, 1999.

Case law update By Barry H. Greenburg March 2000 In Re Marriage of James H. Adamson and Phyllis M. Cosner, f/k/a Phyllis M. Adamson, 2nd District, Appeal No. 2-98-1259, filed November 22, 1999.

Chairman’s column By Michael S. Cohen May 2000 It has come to my attention that many attorneys and judges practicing in the area of matrimonial law are not members of the ISBA Family Law Section Council.

Chairman’s column By Michael S. Cohen March 2000 As a member of the Family Law Section you regularly receive this newsletter.

Chairman’s column By Michael S. Cohen January 2000 I would like to take this opportunity to wish everyone a happy and healthy New Year.

Chair’s column By Julie Keehner Katz October 2000 As the summer winds down, the Family Law Section Council will begin its next year of diligent efforts.

Changes to the innocent spouse provisions: something old, something new By Carlos A. Saavedra June 2000 Code section 6013(d)(3) establishes joint and several liability for married taxpayers filing a joint income tax return. "Innocent Spouse" provisions refer to those Code provisions that create exceptions to this joint and several liability.

Contribution of attorney fees: A procedural analysis of 750 ILCS 5/508(a) of the Illinois Marriage and Dissolution of Marriage Act By David S. Kerpel May 2000 From start to finish, the divorce process can be an emotionally draining, physically exhausting process for both the parties involved, and for the attorneys who establish and enforce their parties' rights.

Discovery of mental health records By Laura Hynes Ramirez January 2000 Sooner or later most practitioners will represent a party who has either received or is receiving some sort of therapy/ counseling (or advises that his former partner has or is receiving therapy/ counseling) and issues relating to disclosure of the records may become an important aspect of the entire case.

Editor’s note By Richard W. Zuckerman October 2000 (Film opens in a doctor's office. Doctor is on the telephone as camera dollies in for a tight shot of the doctor)

Editor’s note By Cecilia Hynes Griffin June 2000 As editor of the Family Law Section Newsletter, I receive copies of the newsletters issued by all of the section councils.

Editor’s note By Cecilia Hynes Griffin May 2000 Thanks to those authors who contributed to this edition of the newsletter. If you would like to submit an article, please contact me at 312/782-4244 or chglaw@syn.net.

Editor’s note By Cecilia Hynes Griffin January 2000 Thanks for the many responses I received from readers of the newsletter regarding topics of interest.

Food for thought: estate planning for subsequent marriages By Babette L. Brennan June 2000 Even in a first marriage, there is potential for a conflict of interest when an attorney endeavors to represent both the husband and the wife in their estate planning.

The forgotten writ By Scott C. Colky January 2000 Most common law writs were abolished by the enactment of the Code of Civil Procedure in 1982 (735 ILCS 5/2-1501).

Illinois’ Grandparent Visitation Statute passes The Troxel test By Adrienne W. Albrecht October 2000 Grandparent visitation in Illinois is viable even after the United States Supreme Court handed down its opinion in Troxel v. Granville for several reasons.

Illinois Mediator Certification Act makes the rounds By Don C. Hammer October 2000 The Illinois Mediator Certification Act is currently being circulated by the Alternative Dispute Resolution Section Council.

The judge’s corner October 2000 Current Assignment: I have been assigned to Criminal Misdemeanors, having just completed a three-year rotation in Domestic Relations.

The judge’s corner May 2000 Domestic relations is an area of the law that affects the present and future lives of the parties and their children.

The judge’s corner March 2000 In general, I expect reasonable promptness; courtesy to the court, opposing counsel and parties; professional demeanor and civility.

The judge’s corner January 2000 Assignment: Chief Judge of the Lake County Domestic Relations Division, 19th Judicial Circuit

The lawyer and the business appraisal By Bruce L. Richman, James Kazmier, Matt Rychetsky, & Mary Warmus May 2000 During law school did anyone ever tell you that when you became a lawyer you would need to know the calculation of "weighted average cost of capital" or the "premise of value" or "the build-up approach to cost of capital" or "what the standard of value is"?

Less pain, more pay By Helen Sigman January 2000 This is not an article about how to get out of the family law business despite the title.

Maintenance revisited By Howard W. Feldman & David K. Harris June 2000 The Fourth District Appellate Court in a decision dated February 9, 2000, affirmed an award of permanent maintenance to a 32-year-old wife, with a high school education, who had been married for 14 years. I

Minor guardianship practice By M. Lee Witte May 2000 It used to be simple. Parents battled for custody of their children in the Domestic Relations Division.

New law regarding modification of visitation rights By Daniel R. Stefani January 2000 On August 19, 1999, Illinois Governor George Ryan signed into law Public Act 91-0610.

Parents have rights too. Illinois’ third party statutes need help to pass the Troxel test By David N. Schaffer October 2000 On June 5, 2000, the United States Supreme Court came down with a much-anticipated opinion addressing the issue of third party (including grandparent) visitation rights.