The Bar News

Bar News Sections

Practice News

  • December 17, 2018 | Practice News
    Remove or Remain: Trying Asbestos in Illinois

    A state’s legal standard for determining fault is a key factor in determining whether to file a motion to apply foreign law or a motion to dismiss under the doctrine of forum non conveniens. In December’s Illinois Bar Journal, Cameron Turner and Sean Phillips examine such choices regarding asbestos cases in Illinois. Illinois is a well-known epicenter of asbestos litigation, having earned a reputation for allowing cases unconnected to the state to proceed through its system. Onlookers and clients, particularly those new to asbestos litigation and unaware of its broader scope, often express disbelief and frustration at the legitimacy of such a system. Such reactions are fair, and related questions certainly are valid. Illinois does, after all, have statutes in place that allow for the transfer of cases to appropriate forums when any particular forum is improper or inconvenient. It also seems logical, on its face, to lessen the impact of sometimes-harsh Illinois law by looking to the law of a state with a stronger connection to the case when that state's law is more favorable. This rings true even if a defendant chooses to forgo pursuing a forum non conveniens argument.

  • December 17, 2018 | Practice News
    Circuit Court, Cook County Finalize Schedule on Court Closings

    Cook County and the Circuit Court of Cook County have finalized the scheduled closing of two Chicago branch court locations at 155 W. 51st St. and 2452 W. Belmont Ave. 

    The closures are slated to take effect after court concludes on Jan. 4, 2019.

    The two branch court closings, which were finalized as part of the budget litigation settlement between the county and the court, will help the county avoid $9.2 million in repairs, renovations, and maintenance that would be necessary to keep the two buildings safe, operational, and compliant with the Americans with Disabilities Act.

  • December 13, 2018 | Practice News
    Quick Takes on Illinois Supreme Court Opinions Issued Thursday, December 13

    The Illinois Supreme Court handed down two opinions on Thursday, Dec. 13. The court weighed in on whether section 13-217 of the Code of Civil Procedure applies to voluntarily withdrawn postconviction petitions in People v. Simms, and in Palm v. Holocker, demonstrated the principle that a party seeking review of a statutory construction ruling must bring to the court a case with facts that implicate the statute being construed.

  • December 13, 2018 | Practice News
    Best Practice Tips: Law Firm Marketing—Using an Outside Public Relations Firm

    Asked and Answered 

    By John W. Olmstead, MBA, Ph.D, CMC

    Q. I am a partner in a three-partner, five-attorney estate planning firm in Seattle. While we have a very active marketing program, we would like to do more. We try to do two presentations at seminars or workshops every month. We have a first-class website and a proactive SEO program, as well as an aggressive social media campaign. The firm is listed in all of the key directories. Our attorneys are active in the legal and local communities, have served in leadership positions for bar association committees, and have written extensively. While many of our clients come to the firm through referrals and past clients, we are noticing that we are receiving much more business from the internet. Recently, we have been discussing whether we should consider using a public relations firm. We would be grateful for any thoughts you may have.

  • December 10, 2018 | Practice News
    Mending the Hold

    The mend-the-hold doctrine derives its name from “a nineteenth-century wrestling term, meaning to get a better grip (hold) on your opponent.” In a series of early decisions, the Illinois Supreme Court established the mend-the-hold doctrine, which provides that a party’s stated grounds for refusing to perform a contract bars grounds left unstated. The Illinois Appellate Court later narrowed the doctrine by limiting parties to grounds identified at the start of litigation and only when switching positions prejudices an opponent. In December’s Illinois Bar Journal, Stanley C. Nardoni, who practices in the Insurance Recovery Group of Reed Smith LLP’s Chicago office, assesses whether the appellate court’s narrowing of the doctrine contradicts precedent established by the supreme court.

  • December 6, 2018 | Practice News
    Best Practice Tips: Hiring an Associate Attorney as a Solo’s Exit Strategy

    Asked and Answered 

    By John W. Olmstead, MBA, Ph.D, CMC

    Q.  I am a solo practitioner in central Illinois. I have been in practice for more than 30 years and I just turned 60. I have two staff members and no other attorneys in the firm other than myself. I plan on working another five years and then I would like to gradually exit from my practice and then retire. I want to have a home for my clients and employees, and I would prefer to be able to sell my interest to an associate attorney working for the firm. I think we have the work to justify hiring an associate and this is the route I would like to go. I have never had an associate, so I am not sure what I should look for. Your thoughts would be most appreciated.

  • December 3, 2018 | Practice News
    Breaking Up Is Harder to Do

    For the past 70 years, family law attorneys have utilized the alimony deduction to help ease the financial burden divorcing families face as they transition to two households. The elimination of the alimony-payments deduction is a major casualty of the federal Tax Cuts and Jobs Act of 2017. This change will be costly for divorcing couples and may make settling divorce cases more difficult. In December’s Illinois Bar Journal, family law attorneys Nancy Chausow Shafer and Margaret A. Bennett provide a guide to the new maintenance formula, the repeal of the alimony deduction, and other changes that divorcing couples and their attorneys need to know.

  • November 29, 2018 | Practice News
    Quick Takes on Illinois Supreme Court Opinions Issued Thursday, November 29

    The Illinois Supreme Court handed down nine opinions on Thursday, Nov. 29. The court determined that amendments to Supreme Court Rule 604(d) do not apply retroactively in People v. Easton, confronted whether a defendant who is able to retain counsel to prepare and file his post-conviction petition is entitled to any guaranteed level of assistance from that counsel in People v. Johnson, and articulated the contours of “waiver by conduct” in regard to appointed counsel for post-conviction petitions in People v. Lesley. The supreme court also determined that two corporate defendants were both liable in tort and their relative culpability was equal in Sperl v. Henry, opined that “transactional test” for res judicata should also be applied to the separate doctrine of the single refiling rule to determine whether two or more lawsuits assert the same cause of action in First Midwest Bank v. Cobo, and held that an injured worker was barred from intervening in her employer’s subrogation action brought against third-party tortfeasors in A&R Janitorial v. Pepper Construction Co. The supreme court also weighed in on statutory changes to the Illinois Pension Code and their impacts upon affected employees in Carmichael v. Laborers & Retirement Board Employees’ Annuity & Benefit Fund of Chicago, discussed the court’s jurisdiction, supervisory authority, and the framework for a circuit court to address the constitutionality of an Illinois statute in Gonzalez v. Union Health Service, Inc., and addressed judicial review of executive power in Gregg v. Rauner.

  • November 28, 2018 | Practice News
    Best Practice Tips: Providing Meaningful Feedback to Associate Attorneys

    Asked and Answered 

    By John W. Olmstead, MBA, Ph.D, CMC

    Q. I am the owner of an elder law firm in Jackson, Mississippi. There are three associate attorneys who have been with me less than five years. All three were hired directly out of law school. While I try to mentor and train each of the associates as needed in “real time,” I also conduct annual performance reviews with each associate and provide them with a written performance evaluation. I am getting frustrated as it seems that the feedback that I provide does not stick and they continue to make the same errors. I welcome any thoughts that you may have.

  • November 26, 2018 | Practice News
    Out on a Limb

    A growing number of attorneys and judges who have struggled with mental illness and substance abuse are speaking out about their battles. In doing so, they are challenging misconceptions while promoting services such as the Illinois Lawyers' Assistance Program (LAP). The 2016 American Bar Association Hazelden Betty Ford Study on lawyer impairment mapped out the extent of the problem. The survey of 12,825 attorneys showed that 20.6 percent screened positive for alcoholism, 28 percent for depression, 19 percent for anxiety, and 23 percent for stress—all at higher rates than other professions.

    For its December cover story, the Illinois Bar Journal spoke with several attorneys and judges who have wrestled with drug abuse and mental illness, but also sought assistance and treatment. While recovery is not easy, all say they are glad for taking that first step: Asking for help.