In his article February Illinois Bar Journal article, “Crafting an Effective Generative AI-Policy,” Carlos Cisneros notes that among the risk factors of using generative online artificial intelligence tools are whether content entered into a generative-AI tool’s prompt becomes the property of the AI company and whether confidential and biometric information is protected after being entered into an AI system. With this in mind, Cisneros recommends that lawyers should verify whether use of AI is covered by their malpractice insurance policy.
Illinois Bar Journal
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In his fifth and final article in his five-part Illinois Bar Journal series on trial advocacy, Gino L. DiVito focuses on the losing argument, which he says possess a unique status within trial advocacy. In his article, “What I Learned From Teaching Trial Advocacy: The Closing Argument,” published in the IBJ’s February issue, DiVito writes, closing arguments “occupy the climactic arguments in books, plays, movies, stories, and real trials. But persuasion does not magically occur based on the power of closing arguments. If you haven’t done the job of persuasion from the opening gun—if, during the other parts of trial, jurors haven’t accompanied you on the road toward victory—persuasion is unlikely to result from your closing arguments. … Nonetheless, closing arguments deservedly earn the mystique they generate.”
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In a roundup of two recent Illinois State Bar Association CLE programs, the Illinois Bar Journal’s February cover story, “Artificial Intelligence and the Authentic Attorney,” observes that just as an attorney’s time is well spent considering the benefits and drawbacks of AI, the same can be said for keeping in mind best practices for communicating clearly and effectively with clients and colleagues.
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In In re Parentage of A.H., a complicated child-support case that stretched over three countries and involved a recalcitrant noncustodial parent, the First District of the Illinois Appellate Court found several reasons for forcing the creation of a section 503(g) trust, most of which concerned the noncustodial parent.
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In the fourth of five installments of his series on trial advocacy, former trial Judge and Appellate Justice Gino DiVito focuses on cross-examination. The cross-examining attorney’s role is to teach the jury while never giving it an opportunity to learn from an opposing witness, Judge DiVito writes. He suggests that, to avoid turning the jury against you, carefully set up the witness during cross-examination with leading and closed questions, and questions for which you know the answers. And never provide a witness you are cross-examining with an open-ended question.
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During the COVID-19 pandemic, many legal professionals abandoned their brick-and-mortar offices for Zoom calls from a home office. Since then, law offices large and small have evaluated the need for a central physical workplace, questioning whether it is best for their employees and clients.
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For attorneys looking to expand their client rosters and potential clients who need limited assistance—and have limited resources—limited scope representation (LSR) is a very welcome development. In its January issue, the Illinois Bar Journal (IBJ) provides an overview of a two-part CLE webinar sponsored by the ISBA and prepared for those who haven’t explored LSR and for those who’d like to hone their approaches.
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In an interview with the Illinois Bar Journal, published in December’s issue, retired Illinois Attorney and Registration Commission (ARDC) administrator Jerry Larkin reflects back on his long career and the agency’s development over that time, while his replacement, Lea Gutierrez, discusses her career to date and where she plans to take the ARDC.
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In his third of five installments on trial technique in the Illinois Bar Journal’s December issue, Gino DiVito dissects the essential tactics of a successful direct examination. “Except possibly for adverse-witness testimony, direct examination should simulate a friendly conversation,” DiVito writes. “After introductory information based on ‘who’ the witness is and ‘when’ and ‘where’ events occurred, witness questioning shifts to an open-ended question such as ‘what happened?’” One of DiVito’s main takeaways is that proper direct examinations require relevant questions resulting in answers that create reality.
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For the second consecutive year, the Illinois Bar Journal reached out to leaders from several ISBA sections and asked if they’d be willing to reflect on highlights in their areas from the past year and provide a few thoughts on anticipated developments in 2024. Contributors were free to deviate from this theme, so long as their content conveyed a looking-back/looking-forward approach. Read on for contributions from six sections: Civil Practice and Procedure, Criminal Justice, Family Law, Real Estate, Trusts and Estates, and the Young Lawyers Division (YLD).