Subject Index Law Pulse

Initial consultations - satisfaction or your money back?

By Helen W. Gunnarsson
August
2007
LawPulse
, Page 398
Should lawyers provide free consultations to prospective clients? Discounts to new clients? Refunds of a consult fee to clients who ask for one? ISBA lawyers offer their opinions.

Mental suffering now compensable in wrongful death cases

By Helen W. Gunnarsson
August
2007
LawPulse
, Page 398
Illinois becomes the 24th state to allow wrongful-death plaintiffs to recover for their grief, sorrow, and mental suffering at the loss of their loved one.

New DUI bill replaces JDPs with “monitoring device driving permits”

By Helen W. Gunnarsson
August
2007
LawPulse
, Page 398
A major overhaul of DUI law doubles the summary-suspension period and requires offenders to submit to alcohol monitoring devices in return for driving permits. Critics charge that it will produce unintended consequences, including fewer guilty pleas.

Can lawyers patent their legal techniques?

By Helen W. Gunnarsson
July
2007
LawPulse
, Page 342
A patent issued on an estate-planning technique has that bar buzzing.

Collateral source rule and med bills - plaintiff’s, defense bar each win one

By Helen W. Gunnarsson
July
2007
LawPulse
, Page 342
Two districts of the appellate court construe Arthur v Catour, holding that plaintiffs can recover only what Medicare and Medicaid paid the provider - not the larger, undiscounted amount billed - and allowing a physician's expert testimony that a medical bill was reasonable.

Does your order of dismissal do the job?

By Helen W. Gunnarsson
July
2007
LawPulse
, Page 342
Case law from the United States Supreme Court and the seventh circuit interpreting the federal rules can make it hard for settling parties to draft orders of dismissal that allow the judge to retain jurisdiction.

Preserving the right to appeal an ambiguous ruling

By Helen W. Gunnarsson
July
2007
LawPulse
, Page 342
What can you do to preserve your client's right to appeal when the trial court issues an order of ambiguous finality? The Waddick case may provide some lessons.

So you wanna be a child rep…?

By Helen W. Gunnarsson
July
2007
LawPulse
, Page 342
How do you get appointed? How much can you earn? What about appointees who don't do the job?

The Illinois Supreme Court OKs advance payment retainers

By Helen W. Gunnarsson
June
2007
LawPulse
, Page 286
The court last month approved lawyers' use of the advance payment retainer, cautioning that more familiar retainer agreements will be the preferred option in most cases.

It’s official - you can’t collect fees for collecting your own fees

By Helen W. Gunnarsson
June
2007
LawPulse
, Page 286
As a matter of public policy, "lawyers representing themselves simply do not incur legal fees," the third district ruled recently.

Law firm that followed state collection law not liable under FDCPA

By Helen W. Gunnarsson
June
2007
LawPulse
, Page 286
A law firm did not violate the federal Fair Debt Collection Practices Act when it followed Illinois procedure for collecting a state-court judgment, the seventh circuit ruled.

Tax nonpayment sales and the mentally ill - does the system work?

By Helen W. Gunnarsson
June
2007
LawPulse
, Page 286
Do recent cases indicate that Illinois should change its laws to further protect mentally ill property owners?

The trouble with hourly billing

By Helen W. Gunnarsson
June
2007
LawPulse
, Page 286
Does the tradition of billing by the hour push lawyers to pad bills and thus engage in the kind of "dishonest" behavior forbidden by the Illinois Rules of Professional Conduct?

A new, stricter test for independent contractor status?

By Helen W. Gunnarsson
May
2007
LawPulse
, Page 230
Has the Illinois Supreme Court embraced a test that makes it harder for employers to classify workers as independent contractors rather than employees and thus avoid employee-related taxes and other expenses?

Oppositional depositions - telling your client not to answer

By Helen W. Gunnarsson
May
2007
LawPulse
, Page 230
A recent federal case sheds light about when and how lawyers can counsel their clients to refuse to answer questions in a deposition.

Pleading guilty online

By Helen W. Gunnarsson
May
2007
LawPulse
, Page 230
New supreme court standards allow defendants in small traffic cases to plead guilty and pay up without a trip to the courthouse.

A trio of Illinois Supreme Court Rule amendments

By Helen W. Gunnarsson
May
2007
LawPulse
, Page 230
The court amended rules governing the format of appellate briefs, appeals from circuit court rulings, and voir dire examinations in criminal cases.

No governmental immunity for hazardous recreational activity

By Helen W. Gunnarsson
April
2007
LawPulse
, Page 170
The tort immunity act offers no blanket immunity for trampolining and other hazardous recreational activities, the high court rules.

Parent companies more vulnerable to suit for subsidiaries’ torts

By Helen W. Gunnarsson
April
2007
LawPulse
, Page 170
Under the direct participant theory, recently adopted by the Illinois Supreme Court, a parent business that guides its subsidiary's activities may be liable for the subsidiary's torts.

Slavery reparations claims dismissed by 7CA

By Helen W. Gunnarsson
April
2007
LawPulse
, Page 170
The court held that slave descendants' section 1982 claims are, inter alia, too speculative and the claimants too far removed from the wrong of slavery.

Supremes - the risk-utility test applies despite open, obvious dangers

By Helen W. Gunnarsson
April
2007
LawPulse
, Page 170
In a victory for consumers, the Illinois Supreme Court upheld the use of the "risk-utility" test in a product liability suit based on an item with open and obvious dangers.

When is holding multiple public offices verboten?

By Helen W. Gunnarsson
April
2007
LawPulse
, Page 170
A recent appellate case, and AG opinions over the years, illustrate that officeholders won't always be permitted to serve two masters.

Hospital not liable for off-duty worker’s disclosure of patient info

By Helen W. Gunnarsson
March
2007
LawPulse
, Page 118
The Illinois Supreme Court rules that a phlebomist's disclosure at a local tavern of a patient's blood-test results was outside the scope of her employment.

“Innocent construction” libel rule - still standing but battered

By Helen W. Gunnarsson
March
2007
LawPulse
, Page 118
The Illinois Supreme Court refused to abandon the rule in Tuite v Corbitt but overturned the trial and appellate courts who applied it in dismissing the plaintiff's case.

IOLTA change allows trust accounts to earn highest rate

By Helen W. Gunnarsson
March
2007
LawPulse
, Page 118
Amended RPC 1.15, effective June 1, requires lawyers to place nominal or short-term client funds with banks that pay the same return on IOLTA as on non-IOLTA accounts.

J.S.A. - the supreme court peers into a tangled paternity web

By Helen W. Gunnarsson
March
2007
LawPulse
, Page 118
A convoluted paternity case examines the interplay between the parentage and adoption acts and raises as many questions as it answers.

Jury trials for divorce?

By Helen W. Gunnarsson
March
2007
LawPulse
, Page 118
An Illinois bill would bring jury trials back to contested divorce. The ISBA Family Law Section Council thinks that's a bad idea.

Extra fees for extra effort - a win in the appellate court

By Helen W. Gunnarsson
February
2007
LawPulse
, Page 66
The appellate court reversed the trial court's rejection of a plaintiff's firm's argument that its extraordinary effort justified fees that exceeded the statutory med-mal limit.

Goodbye to number, length limits for Illinois appellate opinions

By Helen W. Gunnarsson
February
2007
LawPulse
, Page 66
The supreme court lifted its 12-year-old limit, effective last month. Will its next step be to publish Rule 23 opinions on its Web site? Appellate advocates hope so.

Impending Regs Affect Planning for Clients Facing Long-Term Care

By Helen W. Gunnarsson
February
2007
LawPulse
, Page 66
The state is on track to issue new regulations that will make it harder for clients who are headed for nursing-home care to hang on to assets. Elder law and estate-planning practitioners need to be prepared with new strategies for the new rules.

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