Subject Index Law Pulse

Uncounseled misdemeanor convictions can trigger felony DUI sentences

By Adam W. Lasker
July
2012
LawPulse
, Page 346
The Illinois Supreme Court ruled that prior misdemeanor DUI convictions – even if the defendant was unrepresented – can be used to bump a later DUI charge to a felony.

A well-kept secret: the Illinois deposit of wills

By Adam W. Lasker
July
2012
LawPulse
, Page 346
Tired of – and nervous about – storing clients’ original wills on your premises? Consider the Illinois Secretary of State’s deposit of wills.
3 comments (Most recent June 29, 2012)

Bill would require personal service for debtors

By Adam W. Lasker
June
2012
LawPulse
, Page 286
Pending legislation would require that debtors get personal service, not merely notice by mail, before courts begin key legal processes that could put them behind bars.

Crime victims’ rights amendment won’t appear on November ballot

By Adam W. Lasker
June
2012
LawPulse
, Page 286
A proposed constitutional amendment that would have made crime victims party to the defendant’s trial undermined the constitutional presumption of innocence, the ISBA and other opponents, including prosecutors, argued.

Fiduciary-duty exception to attorney-client privilege does not exist in Illinois

June
2012
Illinois Law Update
, Page 292
Illinois courts have not recognized a fiduciary-duty exception to attorney-client privilege. On March 22, 2012, the Illinois Appellate Court refused to find such an exception, reversing the opinion of the trial court.

Jurors may question witnesses under new supreme court rule

By Adam W. Lasker
June
2012
LawPulse
, Page 286
Starting next month, jurors will be permitted to submit written questions for witnesses to the court for consideration. Proponents say it will help jurors understand the case and stay engaged.

MCLE goes to the movies

By Adam W. Lasker
June
2012
LawPulse
, Page 286
A pair of Illinois attorneys uses lawyer-themed Hollywood films to teach lessons about legal ethics.

New anti-party switching law applies to independents

By Adam W. Lasker
June
2012
LawPulse
, Page 286
A new law forbids someone who took a partisan primary ballot from running as an independent in the general election – even those who pulled the ballot in the March primary, before the law was enacted.

Defendant’s prior conviction for domestic battery admissible at murder trial

By Adam W. Lasker
May
2012
LawPulse
, Page 234
In People v. Chapman, the supreme court upheld admission into evidence of the defendant's earlier conviction for domestic battery of the woman he was accused of murdering.

Failure to pursue rulings on pre-trial motions can be ineffective assistance of counsel

By Adam W. Lasker
May
2012
LawPulse
, Page 234
A new supreme court criminal case underscores the importance of challenging - and if necessary, appealing - a judge's failure to rule on pre-trial evidentiary motions.

Illinois FMLA would cover civil unions

By Adam W. Lasker
May
2012
LawPulse
, Page 234
An Illinois legislative proposal would give members of a civil union the same benefits enjoyed by married couples under the federal Family and Medical Leave Act.

Proposal would stop employers from seeking social network passwords

By Adam W. Lasker
May
2012
LawPulse
, Page 234
Proposed legislation would forbid employers from asking for employees' and job applicants' social-media passwords, but some lawyers argue for a public-safety exception.

Three bills would modernize the Trusts and Trustees Act

By Adam W. Lasker
May
2012
LawPulse
, Page 234
Among other changes, the legislation would make nonjudicial trust modifications easier and limit the risk of liability for fiduciaries who handle specific trust-related tasks.

Foreclosure mediation programs finding homes throughout the state

By Adam W. Lasker
April
2012
LawPulse
, Page 178
A McLean County program puts homeowners and lenders together with mediators to help work out agreements and uses U of I law students to represent homeowners in mediation.

Governor proposes constitutional amendment to allow ethics referenda

By Adam W. Lasker
April
2012
LawPulse
, Page 178
Governor Quinn proposes a constitutional amendment to allow voters to enact statewide ethics laws through ballot-initiated referenda questions.

Lying to police can be obstruction

By Adam W. Lasker
April
2012
LawPulse
, Page 178
Lying to a police officer can support a conviction for obstruction of justice if the lying directly hinders the officer's official performance, the Illinois Supreme Court rules.
1 comment (Most recent April 7, 2012)

No rehiring rights for laid-off Chicago teachers

By Adam W. Lasker
April
2012
LawPulse
, Page 178
Unlike teachers outside Chicago, tenured Chicago public school teachers have no right to be rehired after they are laid off for economic reasons, the Illinois Supreme Court rules.

Practitioners and title industry unite to iron out new TODI law

By Adam W. Lasker
April
2012
LawPulse
, Page 178
Title companies are working with drafters of the new transfer-on-death-instrument law to clear up questions and help prevent uncertainty.

Cameras come to Illinois trial courts

By Adam W. Lasker
March
2012
LawPulse
, Page 126
The high court launches a pilot program to allow cameras in four Illinois county courtrooms.

Co-parties lack standing to appeal substitution-of-judge rulings

By Adam W. Lasker
March
2012
LawPulse
, Page 126
The Illinois Supreme Court holds in Powell v Dean Foods that a defendant does not have standing on appeal to challenge the ruling on a co-defendant's motion for substitution of judge.

E-filing debuts at the supreme court

By Adam W. Lasker
March
2012
LawPulse
, Page 126
The AG and appellate defender and prosecutor may now file documents electronically with the supreme court in an early step toward modernizing judicial-system technology.

Narrowing the Illinois anti-SLAPP statute

By Adam W. Lasker
March
2012
LawPulse
, Page 126
The Illinois Supreme Court reins in a statute designed to stop misuse of defamation lawsuits to silence critics speaking out on matters of public interest.

Undistracting drivers: First no texting, next no talking?

By Adam W. Lasker
March
2012
LawPulse
, Page 126
Will Illinois join the states that prohibit drivers from talking on cell phones and using other hand-held devices?
1 comment (Most recent February 24, 2012)

The continuing saga of J.S.A., M.H., and W.C.H.

By Helen W. Gunnarsson
February
2012
LawPulse
, Page 70
A long and bitter dispute between two lawyers over the child their relationship produced generates yet another reported opinion.

Curbing abuse of arrest warrants for debtors

By Helen W. Gunnarsson
February
2012
LawPulse
, Page 70
The attorney general's office and a circuit court judge describe steps they're taking to help prevent debtors from being unfairly jailed for failure to pay.
1 comment (Most recent January 29, 2012)

Federal pilot program puts cameras in northern district courts

By Helen W. Gunnarsson
February
2012
LawPulse
, Page 70
Illinois' northern district is one of 14 courts participating in a federal program that allows videorecording of civil cases before district judges if all parties consent.

High court overturns default order against dad in neglect proceeding

By Helen W. Gunnarsson
February
2012
LawPulse
, Page 70
The supreme court finds that a default order against a father who wasn't served with a petition to terminate his parental rights should be set aside.

High court: state must provide videorecordings in DUI misdemeanor cases

By Helen W. Gunnarsson
February
2012
LawPulse
, Page 70
Police videorecordings of traffic stops must be made available to DUI defendants even in misdemeanor prosecutions, the Illinois Supreme Court rules.

Employment covenants not to compete: the high court lays down the law

By Helen W. Gunnarsson
January
2012
LawPulse
, Page 10
Rumors of the death of the legitimate-business-interest test as a measure for determining the legitimacy of restrictive covenants were greatly exaggerated, the supreme court says.
1 comment (Most recent December 22, 2011)

The high court empowers the ARDC to go after UPL

By Helen W. Gunnarsson
January
2012
LawPulse
, Page 10
New rules give the Illinois Attorney Registration and Disciplinary Commission authority to prosecute actions for the unauthorized practice of law.

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