As James A. Rapp reminds us in his September Illinois Bar Journal article, “Hello, Goodbye … Planning for Retirement Success,” about one in eight lawyers is 65 years old or older, which means facing the challenge of succession planning is here for many lawyers and firms. Rapp suggests that lawyers and firms should consider what experiences—good and bad—they have had within the firm and with other lawyers or firms when lawyers retire and recommends that lawyers and firms develop a perspective consistent with the interests of the lawyer involved, the firm, and most importantly, the firm’s clients.
Illinois Bar Journal
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In his September Illinois Bar Journal article, “Busting the Myth About Corporate Trustee Fees,” Jay E. Harker notes that many Illinois attorneys—some regularly, some occasionally—draft revocable, living trusts, and that all of them know firsthand that clients overwhelmingly prefer to designate family members as their successor trustees. This very often this works out just fine for all concerned, Harker notes. But he suggests that some estate-planning scenarios scream for serious consideration of a corporate trustee.
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Security-related advice will be among the many topics covered during the “ISBA Solo and Small Firm Conference 2023: The Intersection of Technology and the Law” Sept. 28-29. Speakers for the security-related sessions spoke with the Illinois Bar Journal to summarize what they plan to discuss. For example, too many solo and small firms assume that their size protects them. But hackers know such firms have “fewer resources and less time, and they’re less attuned to cyberthreats because they’re just trying to run their businesses,” one presenter says.
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In his August Illinois Bar Journal Judging Your Writing column, “Chat Not,” First District Illinois Appellate Court Justice Michael B. Hyman experiments with ChatGPT and gauges its capability as a legal writing tool. He asks OpenAI’s free ChatGPT 3.5 to prepare memos on various legal topics and prods the tool when its answers lack substance. His conclusion—chatbots are not a viable option … yet.
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Understanding the facts of your case, learning how they fit together, and analyzing the strengths and weaknesses of your narrative are crucial steps when preparing for trial, notes Benjamin Lawson in his August Illinois Bar Journal article, “Trial Lessons From Comedians.” But the more trials Lawson has participated in, the more he finds that the process feels incomplete. Just because a particular narrative best explains the facts doesn’t mean it will resonate well with the jury.
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In his August Illinois Bar Journal article, “The Insurer-Insured Privilege,” Scott O. Reed observes that Illinois is one of the few U.S. jurisdictions to recognize what is known as the “insurer-insured privilege,” which protects from discovery statements made by an insured to its insurer, even though no attorney is involved in those communications. This description of the doctrine is straight-forward, but Reed notes Illinois cases have recognized several limitations, exceptions, and qualifications to this privilege.
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Each August, the Illinois Bar Journal features summaries of legislation passed by the Illinois General Assembly during the most recent spring session and that may be of interest to ISBA members. Compiled by the Illinois State Bar Association’s legislative affairs department, the IBJ’s annual Legislative Roundup includes new and amended statutes concerning such areas of law as family, real estate, trusts and estates, criminal, civil litigation, and more.
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The cover story for the August Illinois Bar Journal brainstorms and examines ways attorneys can use artificial intelligence tools to market their practice, and do so ethically. Relying on the experience of Drew Vaughn, a former practicing attorney who now runs Chicago-based, lawyer-oriented Deviant Marketing, the article breaks down advice he delivered on this topic in a June Illinois State Bar Association CLE webcast.
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Millions of professional and amateur athletes are injured in the U.S. every year, with Illinois having more than its fair share of serious examples. Most people would agree that while players assume the typical risks of rough contact, a line has been crossed when an opponent carves the skin off the face of a downed opponent with a player’s football cleats, demolishes a quarterback’s arm after a play is over, pummels an opposing NBA player within inches of his life, and paralyzes a high school hockey opponent.
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Most prosecutors consider the facts and circumstances of a witness’s past criminal conduct and how it could impact the reliability of their testimony. However, as Charles Golaszewski points out in his July Illinois Bar Journal article, “Your Witness, Their Client?,” prosecutors frequently overlook one aspect of the witness’s interactions with the criminal justice system: Who was, or is, the witness’s defense attorney?