Want to get paid faster? First, always walk your client through the initial bill. Second, don't omit details or use shorthand abbreviations on your bills. Third, never delay sending your bill -- especially after a favorable outcome. Fourth, make it as easy as possible for your client to pay you (e.g., via credit card). Finally, the only thing better than being paid immediately after sending a bill is being paid in advance via a security retainer or an advance payment retainer. Find out more from the Clio blog and the September Illinois Bar Journal.
Illinois Bar Journal
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September 17, 2015 |
Practice News
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September 9, 2015 |
Practice News
Recent amendments to the Illinois Marriage and Dissolution of Marriage Act create a formula for calculating spousal maintenance that factors in the spouses' incomes and the length of their marriage. The amendments also affect child support because an increase in maintenance now corresponds to an -- often dramatic -- child-support decrease.
The new maintenance formula is triggered only if a judge first determines that maintenance is appropriate, and only if the combined gross income of the parties is less than $250,000 and no multiple family situation exists.
But though the formula was supposed to make outcomes more consistent, the statutory language creates its own puzzles. Questions about how to calculate gross income, the implications of deviating from the guidelines, and other factors are probably headed for the reviewing courts. Find out more in the September Illinois Bar Journal.
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August 12, 2015 |
Practice News
In a case that has drawn national attention, the Illinois Supreme Court recently ruled that Comcast must release to the plaintiff identifying information about the till-then anonymous online defendant in a defamation lawsuit.
In Hadley v. Subscriber Doe, the court considered what a plaintiff must show to compel the release of an Internet subscriber's identifying information. The court's ruling focuses on the tension between the right of an individual to speak anonymously and the "necessity" component of Illinois Supreme Court Rule 224, which allows a plaintiff to conduct discovery to identify a responsible party. It ultimately held that if a defamation claim can survive a section 2-615 motion to dismiss, then a plaintiff has demonstrated necessity sufficient to trigger Rule 224. See the August Illinois Bar Journal for more on the ruling.
On August 3, On Monday, the attorney for the defendant filed a motion to stay with the U.S. Supreme Court to preserve his client's anonymity.
1 comment (Most recent August 13, 2015) -
February 19, 2015 |
Practice News
On June 1, 2015, civil juries will change in size from 12 members to six. The change in jury size, mandated by Pub. Act 98-1132, has led to two interesting discussions - whether a six-person jury requires new litigation strategies and whether the change in jury size is constitutional.
"We've had a 12-person jury going back to 1818, when Illinois was admitted to the Union," says Robert T. Park of Moline. Article I, Section 13 of the Illinois State Constitution states that "the right of trial by jury as heretofore enjoyed shall remain inviolate." Park wonders whether cutting jury sizes in half after almost 200 years "harms or changes" the right to trial by jury.
But Chicago personal injury lawyer Joseph A. Power says that the Illinois Supreme Court's decision in Wright v. Central Du Page Hospital Ass'n found that as long as the essentials of a right to trial by jury are not undermined, legislators can shape the contours. Find out more from Matthew Hector's article in the March Illinois Bar Journal.
1 comment (Most recent February 20, 2015) -
January 8, 2015 |
Practice News
On November 12, 2014, Sonoko Tagami sued the City of Chicago alleging that section 8-8-080 of the city's municipal code is impermissibly vague, representing an unconstitutional infringement on her First and Fourteenth Amendment rights.
Titled "Indecent Exposure or Dress," the ordinance prohibits women from exposing to public view "any portion of the breast at or below the areola." Women are required to cover their breasts with an "opaque covering." The ordinance does not prohibit men from being topless in public. Tagami was issued a notice of ordinance violation on August 24, 2014 when she was participating in "Go Topless Day," an annual event where women go topless in public to express their view that women, like men, should not be prohibited from appearing bare-chested.
1 comment (Most recent January 8, 2015) -
July 9, 2014 |
Practice News
In some high profile cases nationwide, jurors have used social media while they're impaneled and been punished by the court. In other cases, judges have resorted to draconian measures to prevent the practice from happening in the first place.
But a recent study by two Chicago judges and an associate at a large Chicago law firm suggests that such punitive measures are unnecessary. Of the nearly 600 jurors they surveyed, most said they were not tempted to use social media. And those few who were tempted said they understood and respected the judge's instructions not to communicate about the case by any means.
The study, spearheaded by U.S. District Judge Amy St. Eve, who sits in the Northern District of Illinois, was conducted over three years by surveying jurors who heard civil and criminal cases in St. Eve's courtroom and those who heard criminal cases in the Chicago criminal courthouse before Cook County Circuit Judge Charles P. Burns, another study co-author. Michael A. Zuckerman, formerly a clerk for St. Eve and now an associate at Jones Day in Chicago, also participated in drafting the study's findings. Find out more in the July Illinois Bar Journal.
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June 19, 2014 |
Practice News
Is substitute service of process valid if it's on the defendant's father, in the defendant's driveway? You can make a good argument that the answer is "yes." Find out more in the June Illinois Bar Journal.
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May 28, 2014 |
Practice News
The owner of a condo unit may not withhold monthly assessments and other expenses in response to an alleged failure by her condominium association to maintain common elements and make repairs, a divided Illinois Supreme Court ruled recently.
In a four to three decision, the majority of the justices rejected a theory that condo unit owners should have the same rights as tenants in a leasehold agreement. The issue arose when a Lake County resident/owner of the Spanish Court Two Condominium Association, who had failed to pay her fees for six months, tried to defend herself against the association's attempt to take possession of her unit. She argued that a leaky roof just above her unit had caused extensive water damage, her faulty toilet was not repaired, and that general upkeep of the common areas of the building was not maintained, and thus she was entitled to withhold payment.
The majority of the justices in the 4-3 ruling said a landlord/tenant scenario is contractual and distinguishable from a community living situation. Condo boards and associations could face serious financial difficulties if they had no recourse to collect unpaid assessments, the court observed. Find out more in the June Illinois Bar Journal.
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July 31, 2013 |
Practice News
The Illinois Supreme Court has adopted procedures for lawyers engaging in limited-scope representation on behalf of clients who choose not to, or can't afford to, hire legal counsel for all aspects of a case.
Effective July 1, amended Rules 11, 13, and 137 allow lawyers to file "limited scope" appearances and represent clients for part, but not all, of a civil lawsuit or transaction.
The new rules also address "ghost-writing" by lawyers who assist clients in drafting or reviewing documents without actually signing the document or appearing in court. Find out more in the August IBJ.
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July 11, 2013 |
Practice News
The Illinois Supreme Court recently adopted Illinois Rule of Evidence 502 and issued its Center Partners decision. Together, they set important new limits on the doctrine of subject matter waiver of attorney-client privilege, establishing that waiver only happens when there are intentional disclosures designed to give the disclosing party an unfair tactical advantage in litigation. Here's an analysis by Gino DiVito and coauthors from the July IBJ.