Do you use the word shall when you draft documents? If so, you may want to reconsider doing so. Bryan A. Garner, the edtior-in-chief of Black's Law Dictionary, makes a compelling case for abandoning shall and using the more precise words must, will, is, may, or the phrase is entitled to in the most recent ABA Journal.You'll be in good company if you abandon shall; so have all four sets of the major federal rules with the exception of one rule. (Rule 56 of the Federal Rule of Civil Procedure.)
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July 30, 2012 |
Practice News
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July 30, 2012 |
Practice News
Medical records of deceased family members. Public Act 97-867 (Sullivan, D-Rushville; Brady, R-Bloomington) does three things to the new provisions for getting medical records of deceased family members if no estate is opened.(1) It clarifies that a "handling" fee may not be charged to a patient or patient's representative under Section 8-2001.5.(2) It requires that health-care providers release this information to a patient representative as authorized under this Section.(3) It requires that a person purporting to be a patient representative certify that to be true under penalty of law.Effective July 30, 2012.A copy of the act may be found here.
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July 27, 2012
Too many law students emerge with staggering debt and grim job prospects. Two law professors say it's time for bar associations and the legal academy to respond by doing something we haven't done enough in recent decades - working together to strengthen the profession. Read more in the August Illinois Bar Journal.2 comments (Most recent July 28, 2012)
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July 27, 2012
The Illinois MCLE Reporting Period for Illinois Attorneys whose last name begins with A through M ended June 30, 2012. Did you miss the deadline? If so, ISBA has a number of programming options available to help you complete your requirement during the grace period. For a complete listing of over 100 electronic CLE options to choose from, please visit: isba.fastcle.com One-hour teleseminars and complimentary Fastcase webinars for ISBA members can be accessed here: www.isba.org/cle/upcomingAccording to the MCLE Board of the Supreme Court of Illinois, if you missed the June 30, 2012 deadline and report “Not Complied” by July 31, 2012, you will have until September 30, 2012 to earn the required credits with a late fee of $100. On the other hand, if you fail to report compliance, non-compliance, or a valid exemption by the July 31, 2012 compliance reporting deadline, you may continue completing your required credits until September 30, 2012, but the late fee increases to $150. For more information, please visit the Board’s website at: www.mcleboard.org or call at: 312-924-2420.
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The Illinois Bar Foundation held its annual Baseball Classic on July 20 at Busch Stadium for the Chicago Cubs vs. the St. Louis Cards.
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July 25, 2012 |
ISBA News | Practice News
The Illinois State Bar Association's Board of Governors approved a resolution at its July meeting in support of the federal Fairness in Disclosure of Evidence Act of 2012, S. 2197 (Murkowski, R-Alaska). This act, which is pending before the Senate Judiciary Committee, codifies Brady v. Maryland to require the attorney for the U.S. government to disclose favorable information to the defendant in criminal prosecutions. Instances of the withholding of exculpatory evidence favorable to the accused have been cited in several cases, including the conviction of U.S. Senator Ted Stevens. Illinois Senator Richard Durbin sits as a member of the Judiciary Committee.The ISBA Criminal Justice Section voted unanimously to support S. 2197. Read the resolution adopted by the Board of Governors at Fairness in Disclosure of Evidence Act.pdf.
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July 25, 2012
The Illinois State Bar Association's Special Committee on Fair and Impartial Courts met on Friday, July 20, at the Chicago Regional Office. The committee’s mission is to coordinate ISBA efforts to identify and publicize threats to fair and impartial courts from lack of funding, and to consider measures to address this problem.The committee is being chaired by the Hon. Patricia P. Golden of St Charles and the Hon. James M. Wexstten of Mt. Vernon. President John E. Thies appointed this special committee as one of his presidential initiatives. More information on the committee and those serving on it can be found at www.isba.org/committees/fairandimpartialcourts.
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July 25, 2012 |
Practice News
Asked and AnsweredBy John W. Olmstead, MBA, Ph.D, CMCQ. Recently our firm of 14 attorneys decided to transition from all partners weighing in on every management decision to a managing partner form of management. I was elected to the new managing partner position and have been in the position for four months and I have accomplished very little during this period of time. I am not sure where to start. I would be interested in your ideas.A. You might want to read last week's blog/posting on governance. Structuring and Running Your Firm Like a BusinessLack of focus and accountability is one of the major problems facing law firms. Many times, the problem is having too many ideas, alternatives and options. The result, often, is no decision or action at all. Ideas, recommendations, suggestions, etc., are of no value unless implemented.
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July 25, 2012 |
Practice News
The Illinois Supreme Court announced Tuesday the appointment of Wm. Hugh Finson, a longtime Monticello attorney and public servant as a resident circuit judge in the Sixth Judicial Circuit.Mr. Finson was appointed to fill the Circuit Court vacancy created by the death of longtime Piatt County Chief Judge John P. Shonkwiler. The appointment is effective September 4, 2012 and will expire December 1, 2014.
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July 25, 2012 |
ISBA News
“The Business Buying Process” and “How to Find a Business to Buy,” half-hour programs presented by Illinois Law, will air on Chicago Access Network Television, Channel 21 in Chicago at 10 p.m. on Tuesdays in July and August.“How to Find a Business to Buy” will air on Tuesday, July 31. Appearing on the show will be Todd C. Cushing, principal, EBIT Associates, Ltd., in Barrington; program moderator John T. Theis, a Chicago lawyer; William A. Price, of Growth Law, in Warrenville; and Markus May, an associate at Eckhart Kolak, LLC, in Chicago.“The Business Buying Process” will air on Tuesday, August 7. Appearing on the show will be Jeffrey A. Gonyo, managing director, Geneva Glen Capital, LLC, in Chicago; program moderator John T. Theis, a Chicago lawyer; William A. Price, of Growth Law, in Warrenville; and Markus May, an associate at Eckhart Kolak, LLC, in Chicago.Illinois Law is a cable production of the Illinois State Bar Association can also be viewed online at http://iln.isba.org/blog/illinois-law-video.