Ballard RN Center, Inc. v. Kohll's Pharmacy & Homecare, Inc.By Michael T. Reagan, Law Offices of Michael T. ReaganIn this “junk fax” class action case, the court held that a motion for class certification filed contemporaneously with the complaint was sufficient to bar a claim of mootness by defendant, which tendered the full amount recoverable under the Telephone Consumer Protection Act after the complaint, and class certification motion, were filed. In partially reversing the appellate court and in affirming the circuit court, the supreme court centered its analysis on its opinion in Barber v. American Airlines, Inc., 241 Ill.2d 450 (2011).In Barber, plaintiff’s class action was properly dismissed because there was no motion for class certification pending when the defendant refunded the $40 baggage fee which was at issue, thereby mooting the class plaintiff’s claim. An underpinning of the reasoning in Barber was that in the absence of a motion for certification, the interests of the other class members were not then before the court.  Here, defendant argued, in part, that the motion for class certification was a “shell” motion that lacked content. The supreme court disagreed, saying that the motion contained a general outline of the action, and effectively communicated the fundamental nature of the putative class action.

Jim Calloway has had numerous lawyers tell him they didn't realize what clients experience until they hired an attorney themselves. One of those so testifying suggested to Calloway, director of the Oklahoma State Bar management assistance program, that every law student should have to become a client on some matter. "It would turn out a better crop of lawyers," he says.Michael Belleau can relate. The training, learning, and development manager at Taft, Stettinius & Hollister in Chicago, and formerly of Winston & Strawn, Belleau once hired - and then fired - an attorney for a real estate transaction that was a bit more complicated than usual because it involved documents for a construction loan.Why the parting of the ways? "He did not use e-mail, and you could not leave a voicemail," Belleau says. "His secretary had to write down a paper copy of your message. It was extraordinarily frustrating. The reason it was set up this way was because it was convenient for him, or he was comfortable with the process. The experience of someone like myself wasn't taken into consideration," he says."Why should it be in the legal profession that you should have to call and schedule an appointment and then wait three weeks to see if I can help you and what it's going to cost?" Calloway says. "It's basically [about] sitting in the client's seat." Learn tips for creating a client-centered practice in the November Illinois Bar Journal and at a live noontime webinar on Tuesday, December 1.

Eight Chicago residents have qualified as candidates for the open Republican seat on the Chicago Board of Election Commissioners, Chief Cook County Circuit Judge Timothy C. Evans announced today.Under a state statute, the composition of the three-member board is to include one member from the state’s two leading political parties. Currently, the board must have one Democrat, one Republican and one member from any political party. The current opening is the Republican seat. The qualified candidates are (in alphabetical order):

Volunteer hotline attorneys wanted to give advice to Chicago-area low-income clients in the areas of landlord/tenant, consumer debt, and family law. Day and night shifts are available. Daily hotline shifts are Mondays-Fridays 9:00 a.m.-1 p.m. or 1-5 p.m. A minimum commitment of 1 shift per week over a 10-week session is requested. Evening shifts are Mondays and Wednesdays from 5:30 p.m.–8 p.m. We seek a minimum commitment of 36 hours over a one-year period. Training (with CLE credit and dinner!) and malpractice insurance provided.Our next training cycle begins Wednesday, November 4, 2015 from 4 p.m.-8 p.m.  For more information, contact Leslie Wallin at 312/421-4427 or lwallin@carpls.org or go to https://www.carpls.org/getinvolved/pro-bono-opportunities/