Appellate court revisits attorney retaining liensBy Michael A. HallMarch 2000It is a fact of life that we sometimes get fired and we sometimes fire our clients. Unfortunately, the reality of client disengagement is often beset with fee disputes.
Avoiding payment of child support to the SDUBy Chris E. FreeseApril 2000If 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?
Chairperson’s cornerDecember 2000Probably the most important project that the General Practice, Solo and Small Firm Section Council has been working on this year is the work on the proposal for changes to the Rules of Professional Conduct allowing the sale of a law firm by sole practitioners.
Chairperson’s cornerBy Bernard WysockiNovember 2000As you can tell by the content of this newsletter, the General Practice, Solo and Small Firm Section Council prepares outstanding newsletters.
Chairperson’s cornerSeptember 2000In one of the first issues of the General Practice newsletters, I made mention of the action by Illinois Real Estate Lawyers Association against the real estate firm of Koenig & Strey for the unauthorized practice of law.
Chairperson’s cornerAugust 2000Let me introduce myself as the new chair of the General Practice, Solo and Small Firm Section Council of the Illinois State Bar Association. You are reading the most outstanding newsletter compiled by any section council of the ISBA.
Changing personnel policies and employee handbooks just got harderBy Donald A. LoBueMarch 2000Attorneys representing employers should be aware of the recent Illinois Supreme Court case of Doyle v. Holy Cross Hospital 186 Ill.2d 104, 237 Ill.Dec. 100, 708 N.E.2d 1140 (1999) which held that modification of the terms of an employee handbook or personnel policy would not be enforceable without new consideration.
“Choosin’ up” lessons in communicationBy John V. De StefanoApril 2000When I received my Norman Rockwell calendar for 1999. One of the drawings of the month entitled "Choosin' Up" depicts four young boys in baseball uniforms, two of which were standing eye-to-eye with their hands on a baseball bat.
Computer buying checklist July 2000By John T. PhippsAugust 20001. The network card seems to be a basic need for a law office as the need to link computers to share information continues to develop.
Do the deed: terminating a joint tenancyBy David K. Harris & Robert BarewinSeptember 2000Husband and Wife separated. Husband lived part-time with another woman.
Editor’s columnNovember 2000In talking with other lawyers throughout the state it seems that this has been the summer of complications.
Editor’s columnSeptember 2000Babette Brennan's lead article "Simple Wills, Tricky Issues" reiterates a point that we general practitioners, particularly those of us that have practiced long enough to remember simpler times, can relate to.
Editor’s columnMay 2000We attended the ABA Editor's Conference in connection with the ABA Tech Show in Chicago, Illinois on March 30 and April 1.
Editor’s cornerBy Edna Turkington-ViktoraMarch 2000In response to the American Judicature Society's call for state participation, Honorable Charles Freeman, then Chief Justice of the Illinois Supreme Court, designated a team of four judges to represent Illinois in a national conference on pro se litigants held recently in Scottsdale, Arizona.
Food for thought: Estate planning for subsequent marriagesBy Babette L. BrennanMarch 2000Even 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.
Health insurance continuation coverage—state or federalBy Dawn R. HallstenSeptember 2000Where applicable, Illinois employer-sponsored group health insurance plans must offer eligible individuals the choice of continuation coverage under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Illinois "mini-Cobra" laws.
Illinois Supreme Court abolishes “same part body rule”By Patrick J. HitpasNovember 2000For many years, the Illinois Appellate Court has recognized the "same part of the body rule." Generally, a defendant in a personal injury case may cross-examine a plaintiff regarding any previous injuries if they are relevant and similar to those at issue.
Injunctions in parentage casesBy Gilda Hudson-WinfieldNovember 2000On May 30, 2000, the Illinois Appellate Court, First District, 2nd Division, in the case of In Re Parentage of Bremen Hall Melton, No. I-99-2463, issued a significant decision relative to the application of Section 501.1 of the Marriage and Dissolution of Marriage Act (Marriage Act) (750 ILCS 5/501 et seq. (West 1996) to Paternity cases under the Illinois Parentage Act of 1984 (Parentage Act) (750 ILCS 45/1 et seq. (West 1996).
Joint tenancy property in a probate estateBy Karen Johnson GuildeAugust 2000The administration of deceased persons' estates often involves accounts titled in joint tenancy.
Lawyer’s nightmare: taking care with Medicare liensBy David SpagatMarch 2000As a solo and/or general practitioner, from time to time we may be retained by a senior who would like to be compensated for his/her injuries and losses brought about by the negligence of another.
Maintenance revisitedBy Howard W. Feldman & David K. HarrisApril 2000The 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.
Miscommunication or the art of not telling clients what they need to knowBy Matt MaloneyApril 2000Lawyers think that they are great communicators. This belief stems from the fact that they communicate with other lawyers and good communication gets things done. In the quest for being concise, exacting, terse or being just plain, we often forget that our audience is more people and less lawyers. Paying attention to these topic areas and thoughts may help all of us. Clients are not lawyers.
“Mortgagee in possession”—watch your languageBy Thomas F. HartzellDecember 2000Prepared forms do not always have necessary language. A recent case in our circuit concerning a mortgagee asking the court to be placed in possession during foreclosure proceedings reminds all of us of the need to read documents very carefully.
Newsletter editor’s cornerBy John T. PhippsApril 2000By the time this newsletter reaches each of you, the 2000 ABA Tech Show will be over.