In the latest issue of ISBA's Trial Briefs, Cook County Judge Dan Gillespie highlights a recent appellate court holding that a litigant need not disclose that he or she intends to cross-examine the other party’s expert witness with a journal article. As Judge Gillespie notes, that's a pretty big departure from the long-held assumption that "if a party can reasonably foresee that he or she will be using or relying on a particular treatise to cross-examine an expert on the other side, that party should notify the other party in advance." Then again, the majority was relying on a 2002 amendment to Rule 213(g) that does seem clear enough on its face: "Without making disclosure under this rule, however, a cross-examining party can elicit information, including opinions, from the witness."
ISBA trivia: The case, Stapleton v. Moore, inspired a lengthy dissent by Justice (and former ISBA President) Terry Lavin. Lavin's article on the evolution -- or as he terms it, the devolution -- of the Miranda doctrine will appear in a forthcoming issue of the Illinois Bar Journal.
Practice News
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October 19, 2010 |
Practice News
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October 19, 2010 |
Practice News
The Illinois Supreme Court has appointed Mary S. Trew, Erica L. Reddick and James L. Kaplan to the office of Cook County Circuit Judge. Trew is replacing the retiring Hon. James R. Epstein. Reddick is replacing the Hon. Dorothy Kirie Kinnaird, who is retiring on Dec. 5, 2010. Kaplan is taking the position of the Hon. Melvin J. Cole, who is also retiring on Dec. 5. All three appointments are effecting through Dec. 3, 2012.
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October 18, 2010 |
Practice News
The Illinois Supreme Court has recalled the following retired judges: Effective December 1, 2010, to hold court in the Circuit Court of Cook County through November 30, 2011:
- Hon. Curtis Heaston
- Hon. Charles R. Winkler
- Hon. John B. Grogan
- Hon. Roger G. Fein
- Hon. William J. Haddad
- Hon. Sidney A. Jones III
- Hon. Henry M. Singer
- Hon. Rhoda D. Sweeney
- Hon. Sheldon A. Harris
- Hon. Michael Ian Bender
- Hon. Nicholas Geanopoulos
- Hon. Pamela M. Leeming
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October 14, 2010 |
Practice News
The Legal Assistance Foundation of Metropolitan Chicago (LAF) has an opening for a Public Benefits Enrollment Paralegal. This person will work in a new community-based project serving individuals and families who live in Cook County and who may be eligible for one or more of the public benefit "safety net" programs. The start date is Nov. 1, 2010 Applicants must have a college degree, excellent oral and written skills and a commitment to social ustice. The paralegal must be willing to engage in substantial local travel within Cook County. Send cover letter, resume and two references by Oct. 22, 2010, via email to resume@lafchicago.org.
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October 14, 2010 |
Practice News
The John Marshall Law School is seeking candidates for the newly-established Edward T. and Noble W. Lee Chair in Constitutional Law – the school’s first academic Chair position. The school will appoint a qualified Constitutional Law expert to this position, beginning in August, 2011. The deadline for applications is November 1, 2010. This Chair honors Edward T. Lee and his son, Noble W. Lee, both former Deans of The John Marshall Law School , for their shared interest in Constitutional Law, and their contributions to both the law school and legal education nationwide. Through scholarly research and published articles on relevant state and federal constitutional issues, the Chair appointee will further their legacy.
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October 14, 2010 |
Practice News
The Illinois Supreme Court appointed Alfred M. Swanson, Jr. as a Circuit Judge of Cook County, at Large on Wednesday. Swanson fills the vacancy created by the retirement of the Hon. John A. Ward. This appointment is effective Oct. 20, 2010 and terminates on Dec. 3, 2012.
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October 14, 2010 |
Practice News
By Peter LaSorsa This article is probably best addressed to solo practitioners or those with just a few attorneys. I will say upfront that my email address is pmllaw@yahoo.com and has been since the beginning of my law firm. When first starting out my goal was to run lean and mean. Keeping costs low and not spending where spending isn’t required best accomplish this. One area where spending can get high is on technology and especially on computers and computer systems. You have a few options when choosing an email account. The first option is a free account from Google, Yahoo or Hotmail where the email is hosted on their servers and all that is required is to log in and send and receive email. Another option is to purchase your own email server and host your own email system, using say Microsoft Outlook. Lets take a look at the advantages and disadvantages of each. The advantage of the host your own option is you can have a more professional email (that is what I hear other attorneys say often about email addresses like jsmith@xyzlawfirm.com as opposed to jsmith@gmail.com). There are other advantages of using Microsoft Outlook as it relates to other legal software you may have. For example, your other software may allow you to integrate your emails into a document retention feature. The disadvantage to having your own email server is the purchase price, maintenance and fact that someone has to be responsible for its operation. You can outsource this but again it just increases the cost. What happens if you are on vacation for a week and your email server goes down?
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October 13, 2010 |
Practice News
We know from our own experience here at ISBA that online CLE is exploding. And why not? What could be more convenient or efficient, especially now that the tools for delivering and consuming electronic programming are so much better than they were? That's why we're committed to bringing you even more. That said, sometimes there's no substitute for driving an hour or two, sprinting up to the conference center, easing your posterior onto a chair just as the show is starting, and watching and listening to an old-school live CLE presentation. You can schmooze at the break. You can ask questions you'd be afraid to ask your senior partner. Debra Liss Thomas has more in the latest YLD newsletter.
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October 13, 2010 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. Our firm has been discussing how to handle one of our partners. We are are 25-attorney firm. One of our mid-level partners who is one of our highest fee producers and best business getters simply won't follow firm policy or play by the rules. He won't turn in time-sheets in a timely manner, he is argumentative with others in the office, and not a team player. He is "me first" while the rest of the partners in the firm are mostly "firm first". We are trying to build a team-based practice and this one partner is holding up our progress. Do you have any thoughts or suggestions on how we should handle this? A. Dealing with "maverick partners" is always a challenge. Of course, they seem to always be the heavy hitters and this makes it that much more difficult as often there are major clients and large sums of money at stake - at least in the short term. This can also be major issues and large sums of money at stake in the long term if you don't deal with the maverick partner as well. In addition you won't be able to achieve the vision and goals the firm is trying to achieve.
- For starters - if you have not already - create a well understood set of firm core values or code of conduct that governs behavior in the firm.
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October 11, 2010 |
Practice News
And thanks to Gina Matthiesen, who alerts us to this helpful resource in the latest issue of The Counselor, newsletter of the ISBA Section on Business Advice and Financial Planning. It's easier to be a do-gooder when someone assembles the resources you need and places them conveniently at your disposal, just waiting for you to do that pro-bono thing you do. A website created by the Illinois Attorney General, called “Building Better Charities,” does just that by pulling together the forms and instructions required to register a charitable organization in Illinois. Gina describes what's there and helps you figure out more generally what you should and shouldn't try to do for your favorite charity.