"Since 1978 in the case of Glass v. Burkett, and to date with In re Talty, Illinois courts have made clear that they will enter [a fee] award against a person who breaches his fiduciary duty when that person benefits from the breach and causes harm to the party or parties to which they owe a fiduciary duty." So write Lawrence E. Varsek and Roman Okrei in the latest Trusts and Estates newsletter.
Read their article and find out whether attorney fees might be available in your case.
Practice News
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March 2, 2010 |
Practice News
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March 2, 2010 |
Practice News
Using Mediation to Settle Disputes will be the topic of “Judicial Perspective,” a half-hour cable program presented by the Illinois Judges Association (IJA), airing on Chicago Access Network Television, Channel 21 in Chicago, on Saturday, March 13 at 11 a.m., and Monday, March 15, at 9 p.m. Appearing on the show to discuss mediation, increasingly being used as a tool to settle business and personal disputes outside of the courtroom, are three former Cook County judges who retired from the bench and now provide mediation services, including (from left) Karen Shields, James Henry, and Stephen A. Schiller. Also pictured is Cook County Circuit Court Judge Jesse G. Reyes, a previous IJA president who serves as moderator. The Illinois Judges Association, formed in 1971, provides continuing legal support to members of the judiciary and education to the public on matters regarding the court system.
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March 1, 2010 |
Practice News
The Illinois Coalition Against the Death Penalty is having a lobby day in Springfield on Thursday, March 11. They are inviting supporters to register and participate at the State House to lobby individual legislators. More information may be found here. House Bill 5687 (Yarbrough, D-Maywood) and Senate Bill 3569 (Delgado, D-Chicago) have been filed to do this.
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February 26, 2010 |
Practice News
The Illinois Supreme Court has amended its rules to provide a swifter means for achieving permanency and stability in child custody issues relating to divorce and parentage cases. The rules changes allow the appeal of custody issues even if other matters in those cases are unresolved. The situation often arises in marriage dissolution cases that can linger over issues of property, spousal support and other matters; or in parentage cases where decisions affecting the rights and persons other than the child may be unresolved. A primary change amends Supreme Court Rule 304 to allow a trial court’s permanent determination of custody to be appealed even if other issues in the underlying matter remain unresolved.
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February 26, 2010 |
Practice News
Okay, this is pretty good: Why your lawyer won't take or return your phone calls -- top 10 reasons. (Hat tip -- Jeremy Reppy.)
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February 24, 2010 |
Practice News
The Illinois Supreme Court amended Rules 11, 12, 361, 267, 373, 381 and 383 to reflect the popularity and efficiency of third-party commercial carriers, Judge Barbara Crowder writes in the latest ISBA Trial Briefs newsletter. Attorneys will no longer run afoul of the rules by using a commercial carrier instead of the USPS when filing documents with courts or applying the mailbox rule to deadlines. Read the article here. And join the Civil Practice section to get every issue of Trial Briefs delivered to your e-mail inbox or -- in fine USPS fashion -- your mailbox.
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February 24, 2010 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I am an attorney that has been in practice for 10 years with a large firm (200+) in the Midwest. I represented fortune 500 clients in the area of business and commercial transactions. I was a non-equity partner in the firm. Recently I was let go due to the economy and I have no idea when or whether I will ever be called back to work. For three months I have been applying for positions with no success. I am considering starting my own solo practice. Where and how should I start? A. Being an attorney in solo practice will be a much different experience than what you are used to. You will have to handle more of the nuts and bolts of running and operating a practice. You will not have people to do everything for you like in your last firm. You will need to learn how to be an entrepreneur and think like a businessman. First, I suggest that you give some thought as to whether you have what it takes to operate your own firm and plan out your business. The best way to go about this is with a business plan. Click here for an article on the subject. After your have developed your plan, begin developing your business identity, firm name, tag line, website domain name and related graphic package.
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February 23, 2010 |
Practice News
As most ISBA members know, the estate tax disappeared (poof!) at the stroke of midnight on January 1, 2010. If you're rich, it's a great time to die. But just because there's no tax at the moment doesn't mean clients can get by without a lawyer's learned counsel. As Jodie E. Distler Hanzlik explains in the latest ISBA Trusts and Estates newsletter, there's more to estate planning than tax avoidance. Such as? Such as planning for incapacity. And probate avoidance. And deciding what happens to the kids. And lots more, as Jodie expertly describes. Read her article here. Make sure you get more articles like it by joining the Trusts and Estates section here.
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February 23, 2010 |
Practice News
Chief Circuit Judge Stephen J. Culliton is pleased to announce that two finalists for the Office of Associate Judge have been selected and certified by the Illinois Supreme Court. The finalists are seeking to fill the vacancy created by the elevation of Associate Judge Daniel P. Guerin to Circuit Judge. The Circuit Judges will select the appointee by secret ballot. Scott M. Hardek received his J.D. from the Law School at the University of Notre Dame in 1990. He is currently a partner with the law firm of Dykema Gossett in Lisle. Michael A. Wolfe received his J.D. from the John Marshall Law School in 1984. He is currently the Chief of the Criminal Division of the DuPage County State's Attorney's Office.
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February 23, 2010 |
Practice News
Fastcase Tips: Make Your Own Annotations on Fastcase Annotated statute products are great for statute research – especially for providing lists of cases that cite a particular code section. But did you know that you can make your own annotations on Fastcase? To SEARCH for cases that cite a particular statute:
- Enter the statute citation in quotes in the Advanced Case Law Search box. Or, enter the statute citation with keywords that discuss your issue: “720 ILCS 125/2” or “720 ILCS 125/2” AND specific intent
- Choose Boolean Phrase as your Search Type.
- Select the appropriate jurisdictions for your statute under Select Jurisdiction.
- Click Search.