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ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers legal transcription, driver’s licenses and child support, the Cannabis Regulation Tax Act, disposition of remains, the Illinois Trust Code, forensic interviews on children, medical cannabis, and toxic torts.
Attorney Howard Ankin discusses how to prepare workers’ compensation settlement contracts.
The 2017 Illinois Juvenile Court Act calls for extra diligence by attorneys who represent juvenile delinquents and attorneys who prosecute them or represent law enforcement agencies. These changes better protect minors' constitutional rights, but also place additional burdens on law enforcement officials, prosecutors, and defense attorneys. In their June Illinois Bar Journal article, “What Did You Say?! The Changing Landscape of Juvenile Custodial Interrogations,” Emily Fitch and Brenda Mathis examine the standards that apply when attempting to interrogate juveniles charged with crimes and the nine exceptions that exist in the new Act.
The Illinois Supreme Court Commission on Pretrial Practices is hosting a series of public hearings as it works toward its final report and recommendations.
The commission would like to gather input from Illinois stakeholders regarding pretrial reform. An additional hearing has been added for Monday, June 24, at the Freeport Public Library, 100. E. Douglas Street, in Freeport from 5 until 6:30 p.m.
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers involuntary commitment, advance directives, special interrogatory, the Mechanics Lien Act, the Home Repair and Remodeling Act, indigent fees and costs, judicial admonishment in sentencing, and the LLC Act cleanup.
As interest rates rise, more sellers are financing the sale of their real estate at lower-than-market rates and with less money down. Transactional attorneys are therefore being asked with some regularity to prepare installment agreements by which the client is either purchasing property from a seller on an installment basis or selling property and self-financing the purchase over time. For more than 30 years, real estate attorney Gary Gehlbach has routinely refused to structure transactions using installment contracts. To learn why he recommends an outright sale structured on purchase-money notes and mortgages (or trust deeds), read his article, “A Better Approach to Installment Contracts,” in June’s Illinois Bar Journal.
The Illinois Supreme Court issued three opinions on Thursday, May 23. The ISBA's panel of leading civil attorneys reviewed the opinions and provided summaries. In LMP Services, Inc. v. City of Chicago, the court ruled that Chicago’s food truck regulations are constitutional. In Roberts v. Board of Trustees of Community College District No. 508, the court dismissed retaliatory discharge and whistleblower claims brought by a former Malcolm X College employee against City Colleges of Chicago. In Doe v. Coe, the court weighed in on the elements of torts of negligent and willful and wanton hiring, retention, and supervision.
The Illinois Supreme Court on May 23 announced amendments to Rules 767 and 773, which are effective July 1.
Amendments to both rules pertain to costs associated with attorney reinstatement following disbarment or suspension.
Attorney Kenneth Matuszewski discusses the basics of utility and design patents, and how the two differ.
The Illinois Supreme Court announced the filing of lawyer disciplinary orders on May 21, 2019. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.