The Illinois Supreme Court handed down nine opinions on Thursday, Nov. 29. The court determined that amendments to Supreme Court Rule 604(d) do not apply retroactively in People v. Easton, confronted whether a defendant who is able to retain counsel to prepare and file his post-conviction petition is entitled to any guaranteed level of assistance from that counsel in People v. Johnson, and articulated the contours of “waiver by conduct” in regard to appointed counsel for post-conviction petitions in People v. Lesley. The supreme court also determined that two corporate defendants were both liable in tort and their relative culpability was equal in Sperl v. Henry, opined that “transactional test” for res judicata should also be applied to the separate doctrine of the single refiling rule to determine whether two or more lawsuits assert the same cause of action in First Midwest Bank v. Cobo, and held that an injured worker was barred from intervening in her employer’s subrogation action brought against third-party tortfeasors in A&R Janitorial v. Pepper Construction Co. The supreme court also weighed in on statutory changes to the Illinois Pension Code and their impacts upon affected employees in Carmichael v. Laborers & Retirement Board Employees’ Annuity & Benefit Fund of Chicago, discussed the court’s jurisdiction, supervisory authority, and the framework for a circuit court to address the constitutionality of an Illinois statute in Gonzalez v. Union Health Service, Inc., and addressed judicial review of executive power in Gregg v. Rauner.
Practice News
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November 29, 2018 |
Practice News
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November 28, 2018 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the owner of an elder law firm in Jackson, Mississippi. There are three associate attorneys who have been with me less than five years. All three were hired directly out of law school. While I try to mentor and train each of the associates as needed in “real time,” I also conduct annual performance reviews with each associate and provide them with a written performance evaluation. I am getting frustrated as it seems that the feedback that I provide does not stick and they continue to make the same errors. I welcome any thoughts that you may have.
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November 26, 2018 |
Practice News
A growing number of attorneys and judges who have struggled with mental illness and substance abuse are speaking out about their battles. In doing so, they are challenging misconceptions while promoting services such as the Illinois Lawyers' Assistance Program (LAP). The 2016 American Bar Association Hazelden Betty Ford Study on lawyer impairment mapped out the extent of the problem. The survey of 12,825 attorneys showed that 20.6 percent screened positive for alcoholism, 28 percent for depression, 19 percent for anxiety, and 23 percent for stress—all at higher rates than other professions.
For its December cover story, the Illinois Bar Journal spoke with several attorneys and judges who have wrestled with drug abuse and mental illness, but also sought assistance and treatment. While recovery is not easy, all say they are glad for taking that first step: Asking for help.
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November 26, 2018 |
Practice News
By Wendy Hinton Vaughn
November is the time of year when we take time to reflect and give thanks for all the things for which we are grateful. I am grateful for the innovative programs of the 17th Judicial Circuit’s Domestic Violence Coordinated Courts (DVCC) and wish to shine a light on the great work done by the Domestic Violence Pro Bono Order of Protection Project.
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November 21, 2018 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the owner of a four-attorney estate planning firm in Charleston, West Virginia. I spend the majority of my time managing and developing the business, and very little time servicing clients. This has been intentional as I enjoy the business aspects of the practice more than providing legal services. I conduct comprehensive written and face-to-face performance reviews with my associates annually and in real time as needed. While the performance reviews include a performance rating category for client satisfaction, I have no real way of determining client satisfaction. Do you have any thoughts on how to measure this?
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November 19, 2018 |
Practice News
The Illinois Health Care Services Lien Act can complicate situations that involve injured patients, their insurance policies, hospital bills, and settlements. In November’s Illinois Bar Journal, Belleville attorney Daniel C. Katzman, who practices in the areas of personal injury, wrongful death, and medical/nursing home malpractice, provides an analysis of common scenarios involving the Lien Act and strategies for attorneys to pursue their injured client’s best interests.
For example, the Lien Act does not require health-care providers to bill health-insurance companies. But providers may do so through a contract known as a provider agreement. The terms of provider agreements are negotiated by the parties and can vary on a case-to-case basis. In a provider agreement, a health-care provider agrees to accept full payment from a health-insurance company for any covered service rendered to the company's insured. While the provider may receive pennies on the dollar in reimbursement, provider agreements benefit both parties in the form of reduced rates in exchange for increased patient volume. When evaluating a health-care provider's obligations, an attorney should examine the provider agreement to determine whether a health-care provider is required to bill the health-insurance company.
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November 15, 2018 |
Practice News
The Illinois Supreme Court announced the filing of lawyer disciplinary orders on November 15, 2018. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
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November 15, 2018 |
Practice News
The Illinois State Bar Association is inviting members to submit articles for publication in the Illinois Bar Journal (IBJ), our award-winning monthly publication that is sent to 28,000 attorneys throughout the state.
When you become an author for the IBJ, you not only establish yourself as an authoritative subject matter expert, but you can also claim CLE credit for your work.
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November 14, 2018 |
Practice News
Chief Justice Lloyd A. Karmeier and the Illinois Supreme Court announced today the appointments of Illinois judges to the newly formed Supreme Court Committee on Juvenile Courts.
The Supreme Court Committee on Juvenile Courts is tasked with reviewing and making recommendations on matters affecting juvenile law and juvenile courts, including child protection and delinquency systems. The committee will review, analyze, and examine the impact of legislation and caselaw as it relates to juvenile law and procedures and any aspect of the juvenile court process.
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November 14, 2018 |
Practice News
The Illinois Supreme Court will livestream oral arguments in two cases on Tuesday, Nov. 20.
The court will hear arguments in the cases of Stacy Rosenbach v. Six Flags Entertainment Corporation and JoAnn Smith v. The Vanguard Group, Inc. The livestream will begin at 9 a.m.
In the case of Stacy Rosenbach v. Six Flags Entertainment Corp., Rosenbach alleged that Six Flags violated the law when it scanned her 14-year-old son’s thumbprint as part of his season pass entry into Six Flags Great America in Gurnee, Illinois, without written consent. A state appeals court determined that she didn’t have standing because she didn’t show injury or adverse effect under the state’s Biometric Information Privacy Act. The supreme court will determine whether she has to show harm to sue under that law.