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Illinois Bar Journal | October 2016 Table of Contents
October 2016 • Volume 104 • Number 10
Practice News
12
Articles
28
Though Birchfield will have little impact on most DUI cases in Illinois, its real importance for defense lawyers is that it requires both warrantless BAC breath tests and blood-draws to be performed incident to arrest.
32
You've heard about forfeitures, but have you handled one? Here's a primer on how to prosecute or defend your first forfeiture case.
36
If a buyer waives the implied warranty of habitability and later sells the home, does that waiver protect the builder against claims by the second buyer, even if buyer #2 didn't know about the waiver? In Fattah v. Bim, the Illinois Supreme Court says "yes."
46
Though the term "joint parenting" has replaced "joint custody," the joint-custody concept survives under the new law - which means judges must continue to put kids first when making parenting decisions.
48
Q. How are state's attorneys and judges handling cases for possession of small amounts of cannabis that are pending after the new cannabis decriminalization law took effect?
50
Q. Under the new parentage act, a man can bring an action against a pregnant woman under 46/602(d) as a "man....alleging himself to be the parent of the child"....Is that the only reference?
Columns
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10
My visits to three law school orientation sessions left me feeling encouraged about the future of the ISBA and our profession.
51
Outlook is a powerful personal manager, but it's not a replacement for a true law practice management program.
52
Are you living down to the stereotype of lawyers who are incomprehensible to lay people? Do yourself and your profession a favor and make clarity, not confusion, your goal.
54
Any fee is refundable if it wasn't earned or isn't reasonable. Calling an advance fee "nonrefundable" is usually asking for trouble.
56
IBF helps fund new 'Legal Answers' service for low-income Illinoisans; new Fastcase kiosk available at ISBA Chicago office.