Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases People ex rel. Madigan v. Burge and Kanerva v. Weems.People ex rel. Madigan v. BurgeBy Michael T. Reagan, Law Offices of Michael T. Reagan, OttawaPeople ex rel. Madigan v. Burge, which involves great public interest because of the alleged actions of defendant while supervisor of the Violent Crimes Unit detectives of an area for the Chicago Police Department, ends, as it began in the circuit court, with the conclusion that the circuit court lacked subject matter jurisdiction to consider this case. The reasoning and judgment of the circuit court were affirmed; the appellate court was reversed.In 1997 Jon Burge applied for and received pension benefits from the policemen’s benefit fund. In 2003, a federal civil rights lawsuit was filed by a plaintiff who alleged that he was tortured and abused by officers under Burge’s command. In answers to written interrogatories in that suit, Burge denied under oath having knowledge of, or participating in, the torture or abuse of persons in custody of the Chicago Police Dept. In 2010, Burge was convicted of felonies for making false answers to interrogatories.
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July 3, 2014 |
Practice News
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July 2, 2014 |
Practice News
Asked and AnsweredBy John W. Olmstead, MBA, Ph.D, CMCQ. I am a partner in a 16 attorney firm located in Baltimore, Maryland. Our clients are primarily business firms. I am the chair of our three member marketing committee which was formed three years ago. Our firm is increasing our commitment to marketing and have increased our budget over the past three years. However, we are not sure what we should be spending our money on. Your suggestions would be appreciated.A. Hopefully, you have developed a marketing plan and a marketing budget tied to the specific objectives outlined in the plan. Here are a few general guidelines, tips, and best practices:Money spent on good clients is money well spent.Allocate more money to specific practice areas or niches and individual lawyers than to the firm as a whole.Tie passive initiatives to active participation.Stand out as a major contributor to a single or a few campaigns rather than making many small contributors.Constantly measure and monitor your return on marketing investment. (ROMI)Click here for our blog on marketingClick here for articles on other topics
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July 1, 2014 |
People
The Illinois Supreme Court has appointed the Hon. Lisa Holder White, Resident Circuit Judge of Macon County, Sixth Judicial Circuit, to the Appellate Court of Illinois, Fourth Judicial District. White has been assigned to duty with the Fourth District Appellate Court since 2013. This vacancy was created by the death of the Hon. John McCullough. It is effective July 1, 2014, and terminates on Dec. 1, 2014,2 comments (Most recent July 2, 2014)
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The 2014 Illinois Law and Leadership Institute (ILLI) ran from June 22-28 at SIU School of Law and offered a combination of classroom lectures, logic and critical thinking exercises, writing and oral advocacy instruction and field trips to two St. Louis law firms and the U.S. District Court in Benton. ILLI is a joint venture between the ISBA and the SIU School of Law that helps introduce 9th and 10th grade students from diverse backgrounds to the legal profession.
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June 30, 2014 |
CLE
Improve your trial skills in this "learn-by-doing" program that covers all phases of trial work from both a plaintiff and defendant's viewpoint. The program consists of two semesters and runs approximately four months per semester. (You may start with the semester of your choice.) The program qualifies for a total of 54 hours MCLE credit, including 54* hours PMCLE credit (27 hours MCLE/27 hours PMCLE credit per semester). Class takes place each Tuesday evening from 5:15 – 6:45 p.m. at the Illinois State Bar Association – Chicago Regional Office, 20 South Clark Street, Suite 900.Fall Semester begins September 9, 2014!Through this course, you will learn and practice new trial techniques that are most effective and consistent with the Federal Rules of Evidence and the new Illinois Rules of Evidence. Each session is audio-video taped so you can see and hear the improvements in your voice, manner and trial technique. The program has been proven to be of value whether your practice includes trying jury and non-jury cases, administrative hearings, arbitrations, or mediations. The course is taught and coordinated by Fred Lane and Scott Lane.Click here for more information and to register.4 comments (Most recent March 17, 2015)
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June 26, 2014 |
ISBA News | Events
Please join the ISBA Board of Governors and the IBF Board of Directors at a reception honoring ISBA Immediate Past President Paula H. Holderman. The reception will be held on Thursday, July 17, from 5-7 p.m. at the ISBA Chicago Office. Tickets are $50.Register online or by calling the IBF at 312.726.6072.Sponsorship opportunities are also available.The Illinois Bar Foundation is the charitable arm of the Illinois State Bar Association and is dedicated to improving access to justice to those most vulnerable, helping attorneys and their families in need, and to providing year-long legal Fellowships to new attorneys working in legal aid clinics.
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June 26, 2014 |
Practice News
When the Illinois Supreme Court in March struck down the state's eavesdropping law as overly broad and thus unconstitutional, lawmakers were under pressure to quickly draft a new law to protect the privacy interests of citizens whose conversations may now be recorded without their consent.Just before the General Assembly recessed in May, the Senate passed a new eavesdropping law (HB 4283), but the House adjourned before taking action on a Senate amendment.The definition of private conversation under the Senate's amendment of HB 4283 is any communication between two or more persons intended to be of a private nature under circumstances "reasonably justifying that expectation."The Senate amendment, however, contains exemptions that allow police officers, with permission from prosecutors, to record conversations as part of felony criminal investigations without a judicial warrant. Baker and representatives from the American Civil Liberties Union object to those exemptions, and they are likely to be the subject of continued debate when the General Assembly reconvenes. Find out more on the July Illinois Bar Journal. The implications of not having an eavesdropping law in place are nicely summarized by John Roska of the Land of Lincoln Legal Assistance Foundation in the Champaign News-Gazette.2 comments (Most recent June 30, 2014)
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June 26, 2014 |
Member Services
Law Technology News has launched a new Vendor Satisfaction Survey broken down by industry. In the legal research survey, respondents ranked Fastcase No. 1 in customer satisfaction in 7 out of 10 categories, and a very close second in two out of the remaining three. Fastcase was the clear winner in “Price for Value,” with 87.5% rating Fastcase as Excellent (LexisNexis was a distant second at 14.3% and Westlaw at 12.7%). Remember, ISBA members receive Fastcase for free as part of their member benefits package.“In the Likelihood to Recommend” category, 50% of respondents gave Fastcase the highest rating of “Very” (compared to 26.5% for LexisNexis and 20.4% for Westlaw). Fastcase also had the highest “Excellent” ratings for Products/services information in vendor literature, Ease of Installation, Customer service responsiveness, Ease of Integration into firm workflow, and Features and functions.Westlaw ranked highest in one category, with 37.6% rating its availability of training as “Excellent” (narrowly edging Fastcase at 37.5%). LexisNexis finished first in one category, Ease of integration with other technology, with 25.9% of respondents rating its products as “Excellent” (and narrowly edging Fastcase at 25.0%).
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June 26, 2014 |
Practice News
Q. Do I need to get my client’s informed consent to have another lawyer (not in my firm) attend a routine status conference because I’ve got a scheduling conflict?A. RPC 1.2(e) provides that a lawyer can’t delegate to another lawyer not in that lawyer’s firm the responsibility for performing work for the client without the client’s informed consent. Comment [14] to that Rule clarifies that it is designed to prevent a lawyer from transferring “complete or substantial responsibility” of a matter to another lawyer. The Comment goes on to say it is not intended to “prevent lawyers from engaging lawyers outside of their firm to stand in for discrete events in situations such as personal emergencies, illness, or schedule conflicts.” For further insight on the increasing use of “coverage attorneys” see this month’s Illinois Bar Journal.
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June 26, 2014 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Township government (Public Act 98-653), Workers’ Compensation Act (Public Act 98-633), UM/UIM insurance (House Bill 5575), Independent examination in mental health proceedings (Senate Bill 3532), Local Records Act (House Bill 5623) and Condominiums and common-interest communities (House Bill 5322). More information on each bill is available below the video.