Bench & Bar

The newsletter of the ISBA’s Bench & Bar Section

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2017 Articles

Recent appointments and retirements February 2017 Recent changes to Illinois' Judiciary.
Recent appointments and retirements January 2017 Recent changes to Illinois' judiciary.
Recent case concerning contempt By Gary L. Schlesinger January 2017 The lesson from Knoll v. Coyne is that if one is seeking indirect civil contempt, one must tell the court what the purge should be. If the purpose of the contempt is punishment for violating a court order, that is criminal contempt and all the constitutional rights of a criminal defendant apply.
Rule 502: Something Illinois litigants can learn from federal courts By Eli Litoff, Kelly Warner, & Edward Casmere May 2017 Rule 502 sets forth several significant provisions – including 502(d) – which can be implemented by the courts and parties to proactively address production and protection of privileged material.
The Seventh Circuit rejects plaintiff’s cancer causation theory By Robert H. Riley & Brian O. Watson September 2017 The Seventh Circuit recently rejected the plaintiff’s expert’s causation theory that “each and every exposure” or the “cumulative exposure” may satisfy the plaintiff’s causation burden.
The Seventh Circuit’s decision in Hively signals protection for transgender individuals By Juliet Berger-White & Charlie Wysong May 2017 The Seventh Circuit recently became the first circuit court to hold that Title VII’s prohibition of sex discrimination applies to discrimination on the basis of sexual orientation.
Shakespeare’s cold wisdom—Too early seen unknown, and known too late? By Edward Casmere September 2017 The point of this article is not to advocate for a campaign of carpet-bombing legal briefs and arguments with quotes from Shakespeare, but rather to suggest that this giant of the literary world has gifted lawyers with timeless insights that may help us better “suit the action to the word, the word to the action” as we practice our craft.
Sidebar on CLE at the mid-year meeting November 2017 Register now for the Joint/Midyear Meeting and participate in these complimentary CLE programs.
Social media and judicial ethics By Hon. Steve Pacey, (Ret). October 2017 A presence on social media poses potential disciplinary hazards for attorneys and perhaps more so for attorneys who are judges.
2 comments (Most recent October 17, 2017)
Strict Compliance with Supreme Court Rule 191(a) is mandatory By Albert E. Durkin September 2017 On August 17, the Second District Appellate Court ruled that strict compliance with Supreme Court Rule 191(a) is mandatory and that failure to attach documents relied upon in support of a 191(a) affidavit is fatal.
Summer externs = HUGE Help By Hon. Debra B. Walker August 2017 Hon. Debra Walker urges all of her judicial colleagues to host summer externs.
The Supreme Court moves proactively on attorney malpractice insurance and liability issues By Hon. Alfred M. Swanson, Jr. (Ret.) February 2017 In an amendment to Rule 756 that took effect January 25, 2017, the Supreme Court will, starting in 2018, require lawyers to answer questions about their professional liability insurance every other year at the time they renew their authorization to practice law.
There is no bright line test for the admission of alcohol in a civil case By Daniel O’Brien March 2017 When we hear BAC is beyond a certain level the reaction is the alcohol should automatically be admitted to show impairment. This rush to admit this evidence is not the law.
1 comment (Most recent March 9, 2017)
To arbitrate or to not arbitrate—That is the question By Hon. Fred Foreman, (Ret.) & Kathleen A. Ehrhart June 2017 If a party decides arbitration is its preferred method of dispute resolution there are also a number of things it should consider in terms of how it drafts and negotiates an arbitration provision in any contract it enters into.
To disgorge or not to disgorge? That is the question By Emily A. Hansen September 2017 On September 20, 2017, the Illinois Supreme Court will decide In Re the Marriage of Christine Goesel and Andrew Goesel, which will forever shape the future of interim fee awards in dissolution proceedings and will directly impact how divorce attorneys handle payments from their clients.
Trial lawyers make bad jurors and I can prove it By Charles Shifley October 2017 Trial lawyers don’t always make the best jurors, as one recent experience in an Illinois court shows.
1 comment (Most recent October 13, 2017)
What does the Second Amendment really mean? By Mitchell Goldberg April 2017 An examination of the historical framework behind this divisive issue.
What federal Magistrate Judges do and why they can or can’t do it By Hon. Tom Schanzle-Haskins May 2017 A summary of the basic rules regarding a Magistrate Judge’s authority to rule on matters which are deemed dispositive or non-dispositive under the Magistrate Judges Act and the Federal Rules of Civil Procedure.
What the bench and bar should do for justice By Zel M. Fischer November 2017 A reprint of Missouri Supreme Court Chief Justice's recent address in Kansas City.
What traits make for a good lawyer? What about a good judge? By Hon. Michael B. Hyman June 2017 It turns out that good lawyers and good judges share what it takes to distinguish themselves and stand out among their peers. Their “good” traits are not so different from one another and are interchangeable, reciprocal, and mutual. That is, traits befitting a good lawyer apply with equal force to a good judge.
What’s been on my mind By Hon. Michael P. Kiley, (Ret.) December 2017 A personal health journey provided by retired judge Michael Kiley.