In the Illinois Bar Journal’s December issue, new Illinois Supreme Court Chief Justice Mary Jane Theis says “We have to return to the idea of the public’s trust and confidence,” citing Alexander Hamilton who, in the Federalist Papers No. 78, writes that the judicial branch derives its power neither from the sword nor the purse, but from the public’s confidence in its integrity.
Illinois Bar Journal
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The Second District of the Illinois Appellate Court’s 2021 ruling in Bank of NY Mellon v. Dubrovay represents a departure from First District and Illinois Supreme Court precedent by enabling mortgage lenders to accelerate and decelerate a homeowner’s mortgage obligation at will by taking an endless number of voluntary dismissals, coming back orders of magnitude stronger, and refiling an endless number of lawsuits.
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On the heels of American Bar Association and Illinois State Bar Association efforts to discourage nonlawyer ownership of law firms, Michael L. Shakman and Diane F. Klotnia describe in their November Illinois Bar Journal article, “Not-so-Firm Rules,” the rule changes adopted by other jurisdictions, those recently proposed in Illinois, ethical issues that arise under proposed and adopted new rules, and the multi-jurisdictional conflicts that inconsistent rules can generate.
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Read the Illinois Bar Journal’s November cover story to learn how the Illinois State Bar Association took a leading role in securing the American Bar Association’s reaffirmation this August that nonlawyer ownership of law firms and fee sharing with nonlawyers are contrary to the core values of the legal profession.
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The Biometric Information Privacy Act (“BIPA”) is the litigation gift that keeps on giving, writes Charles N. Insler in his October Illinois Bar Journal article, “Insurance Providers & BIPA Litigation.”
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In casual conversation, most lawyers, especially those practicing outside the constitutional law arena, would likely refer to the First Amendment as protecting free speech. However, the First Amendment also covers a host of other rights, one of which is that “Congress shall make no law … abridging … the right of the people … to petition the Government for a redress of grievances”—more commonly known as the Petition Clause.
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There is inherent tension between an accused’s fundamental rights and the government’s compelling interest in solving crime, write Christopher Keleher and Steven Becker in their October Illinois Bar Journal article, "To Remain Silent."
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Of the many ways the Illinois State Bar Association serves the public, judicial evaluations, high school mock trial competitions, and providing the public with legal information tops them all. But as the October Illinois Bar Journal cover story (“Public Service and the ISBA”) shows, there is much, much more.
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It is not uncommon for a court opinion to be correct in describing the forest, but perhaps not every tree. Such may have happened with the opinion issued by the Second District Appellate Court in Naughton v. Pfaff, writes Dennis A. Rendleman in his September Illinois Bar Journal article, “A Client or Not a Client? That Is the Question.” The Naughton ruling has made Illinois an outlier, Rendleman states, since the prevailing interpretation in the U.S. is that a referring lawyer has an attorney-client relationship with the referred individual when making a referral to a receiving lawyer. Being one’s client is a prerequisite to the establishment of a referral agreement between the referring lawyer, the client, and the receiving lawyer.
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Few occasions in the criminal justice system warrant celebration. Early in her practice as a prosecutor, Becky Hougesen Walters believed a guilty verdict was one of them. A few assignments later and over two years in the felony review unit reviewing evidence in Cook County’s most heinous crimes persuaded her that she was wrong. No matter the outcome, lives are destroyed, families are broken, and no one is truly “made whole” on either side of the courtroom.