The many standards of appellate review, and how these standards have evolved over time, may be creating confusion as to how to review factual determinations made by lower courts in relocation cases, writes Daniel Alcorn in his article, “Relocation, Relocation, Relocation,” in the October 2019 Illinois Bar Journal. Alcorn goes on to explore why it appears “to be so difficult … for the appellate court to faithfully adhere to what appears to be a fairly straightforward standard of review”? One reason: “There are many standards of appellate review, and their evolution over time independently of one another has caused a ‘state of confusion,’ as observed by one commentator.”
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October 21, 2019 |
Practice News
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October 18, 2019 | Practice News
The Illinois Supreme Court handed down two opinions on Friday, October 18. In People v. Murray, the court reversed a defendant’s conviction of unlawful possession of a firearm by a street gang member on the basis that the Illinois Streetgang Terrorism Omnibus Prevention Act requires proof of specific offenses in order to satisfy the “course or pattern of criminal activity” element necessary to establish that an individual is a street gang member. In People v. Austin, the Supreme Court rejected a circuit court’s determination that a criminal charge against a woman who distributed private sexual images of her ex-fiancee’s lover violated her first-amendment rights. -
October 18, 2019 |
Practice News
The Administrative Office of the Illinois Courts announced today that it will receive a $100,000 grant from the National Center for State Courts (NCSC) as part of the Justice for All (JFA) project. The Illinois Courts’ Access to Justice Commission (ATJ) will use the funds to support a strategic action planning effort to expand access to justice in Illinois. JFA grants, which are funded by The JPB Foundation, The Public Welfare Foundation, The Kresge Foundation, and Open Society Foundations, were created in an effort to implement two advanced resolutions: meaningful access to effective assistance for essential civil legal needs and for traditional and non-traditional stakeholders to collaborate to develop a comprehensive approach to achieve meaningful access to justice.
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October 16, 2019 |
CLE
Join us online from noon until 1 p.m. Thursday, October 31, for a live webcast that discusses recent regulatory and procedural changes in social security disability law. This online seminar offers an in-depth look at the recent changes and discusses how to best deal with them in order to protect your client’s case.
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October 15, 2019 | Member Services
There are many things to consider when hiring or changing managed services providers for your firm. It’s essential to ensure that a potential provider is on the same page as you and can manage your firm’s expectations. The ISBA’s “Essential Questions for Your Managed Services Provider” document serves as a cheat sheet with the top 10 questions to ask before hiring a provider, so you’ll know what you’re getting into and what to truly expect. -
October 14, 2019 |
CLE
Join us online from 1 to 2 p.m. Tuesday, October 29 to learn how to safeguard yourself against accusations of misusing or commingling client funds by following the specific rules and procedures developed by the Illinois Attorney Registration and Disciplinary Commission for creating and managing trust accounts. New attorneys, veteran practitioners, and transitioning lawyers in all areas of practice who attend this online seminar will better understand: your ethical duties in handling client trust funds; conversion and commingling—and how these circumstances occur; the disciplinary treatment of trust account violations and how to avoid ARDC sanctions; how to determine the appropriate type of trust account for your client; the functions and purposes of an Interest on Lawyers Trust Account (IOLTA); how to open the trust account; the accounting system basics you need to know; and best practices for managing your clients’ accounts.
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October 14, 2019 |
Practice News
The purchase of a home with hidden defects has a body of law of its own. At its center is the Residential Real Property Disclosure Act. While it is commonly known that sellers must disclose certain defects, the nuances may be less known. What type of defects must be disclosed? Can a seller give an example of the problem, as opposed to an exhaustive list? Can a seller rely on the real estate agent’s advice about what to disclose? What if the sellers deny that they were aware of the defects? What if the sellers claim they believed the issue had been repaired? In his October Illinois Bar Journal article, “Full Disclosure,” Joseph Rubas answers these questions so that you can help your new-homeowner clients.4 comments (Most recent November 13, 2019)
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October 10, 2019 |
Practice News
The Illinois Judicial Ethics Committee (IJEC), a joint committee of the Illinois State Bar Association, the Chicago Bar Association, and the Illinois Judges Association, has released answers to Frequently Asked Questions (FAQs) as a resource for judges and attorneys seeking election or retention to judicial positions in Illinois. The resource provides answers to common practical and ethical questions asked by judicial candidates. Recognizing that many candidates may be unfamiliar with the provisions of the Illinois Code of Judicial Conduct and Illinois Election Code that govern judicial elections, the FAQs are designed to help those who plan to run for judicial office conform with the applicable requirements.1 comment (Most recent October 10, 2019)
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October 9, 2019 |
Practice News
Attorney Adam Stivers discusses the problematic rate of attorney suicide and mental health issues, and what lawyers can do to feel healthier.
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October 8, 2019 |
CLE
Learn how to help combat the problems facing Illinois girls with this half-day seminar from noon until 5 p.m. on Friday, Oct. 25 at DePaul University that explores human trafficking, abuse and neglect, and the juvenile justice system. Attorneys with a basic level of practice experience in criminal law, child law, family law, or immigration law who have an interest in assisting girls in crisis and who attend this seminar will better understand: the roles played by different entities within the child welfare and juvenile justice system; the unique problems facing girls within these systems; how to improve these systems in an effort to better protect the interests of girls; the challenges facing society in combating human trafficking; how to help victims of human trafficking and the services available; and what we can do moving forward to help girls in crisis.