Illinois Bar Journal

2011 Articles

E-filing comes to Cook County

By Helen W. Gunnarsson
June
2011
LawPulse
, Page 280
The nation's largest unified court system offers the option of electronic filing in most civil cases.
2 comments (Most recent October 28, 2013)

Educational programs to combat religious hate crimes. PA 097-0161.

September
2011
Illinois Law Update
, Page 440
Illinois lawmakers have amended the Criminal Code to implement educational programs for certain hate crime offenders. (720 ILCS 5/12-7.1).

The electronic courtroom: E-filing and videoconferencing

By Helen W. Gunnarsson
November
2011
LawPulse
, Page 550
The Illinois Supreme Court pursues electronic filing and adopts a rule allowing testimony by videoconference.

Employers may not violate pregnant employees’ civil rights. PA 097-0596.

November
2011
Illinois Law Update
, Page 556
The Illinois Human Rights Act has been amended to protect pregnant employees (775 ILCS 5/2-102).

Employment opportunities provided for Illinois youths. PA 096-1225

February
2011
Illinois Law Update
, Page 72
Illinois lawmakers passed the Community Youth Employment Act in order to provide summer job opportunities for Illinois youths.  

Estate-planning, other implications of the civil union law

By Helen W. Gunnarsson
January
2011
LawPulse
, Page 10
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2 comments (Most recent January 25, 2011)

Estop that Lawsuit: Judicial Estoppel and the Bankruptcy Debtor-Turned-Plaintiff

By Christopher B. Lega
May
2011
Article
, Page 250
Judicial estoppel can derail a plaintiff who filed for bankruptcy but then brought a lawsuit he failed to reveal in the bankruptcy case.

Ethical Issues in Representing Elderly Clients with Diminished Capacity

By Kerry R. Peck
November
2011
Article
, Page 572
When can - and must - you allow your diminished-capacity client to make a decision you advise against? This article explores this and other ethics issues that arise in serving elderly clients.

The Ethical Office: Managing Nonlawyer Staff

By Helen W. Gunnarsson
December
2011
Cover Story
, Page 614
The Rules of Professional Conduct make managing nonlawyer staff a high-stakes business. Find out which rules are most directly implicated and learn how to be a better boss.

Ethics in the age of Twitter

By Helen W. Gunnarsson
January
2011
LawPulse
, Page 10
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Evaluating Protective Orders for Discovery Materials

By Jo Anna Pollock
November
2011
Article
, Page 576
Litigants often seek protective orders to limit disclosure of clients' sensitive documents during discovery. But be wary of attempts by the requesting party to gain an unfair advantage.

Exceptions to open and obvious danger rule not on point for shopper injured on store property

February
2011
Illinois Law Update
, Page 72
 On December 2, 2010, the Appellate Court of Illinois, Third District, upheld a decision of the Circuit Court of Tazewell County, finding no genuine issue of material fact as to whether the distraction or the deliberate-encounter exception to the open and obvious danger rule applied in the present case.

Executor and estate attorney ordered to repay excessive fees

August
2011
Illinois Law Update
, Page 388
Fees requested by an executor and attorney for administering an estate were not reasonable under the Probate Act, according to an Illinois Appellate Court.

Exhaustion of Administrative Remedies and the Prison Litigation Reform Act

By Beth Prager
October
2011
Article
, Page 526
District courts must decide whether prisoners have properly exhausted their administrative remedies before allowing their cases to proceed to the merits.

Exile on Face Tweet: Lawyer Networking on Social Media

By John G. Locallo
September
2011
Column
, Page 432
You can't afford not to use Facebook, LinkedIn, and Twitter.

Experience by Appointment

By Helen W. Gunnarsson
May
2011
Article
, Page 238
Though there isn't much money in it, serving as appointed counsel is a way to gain invaluable courtroom experience and remind yourself why you went to law school in the first place.

Exposing Immigration Bias During Voir Dire

By David Holland & Gil Lenz
February
2011
Article
, Page 82
Courts should allow questioning of prospective jurors on immigration-related bias, the authors say. They also suggest questions that can expose immigrant bias during jury selection.

Federal Administrative Law, Part 2: Online CFR and LSA

By Tom Gaylord
March
2011
Column
, Page 156
You can use the online CFR to find the very latest regs and the LSA to verify their accuracy.

Federal Administrative Law Part 3: Agency Decisions and Guidance Documents

By Tom Gaylord
November
2011
Column
, Page 586
Here's how to find these useful resources on the web.

Finding Your Way to in the Courthouse

By Helen W. Gunnarsson
April
2011
Cover Story
, Page 184
How to learn those all-important unwritten rules of courthouse and courtroom practice that vary from circuit to circuit.
1 comment (Most recent April 1, 2011)

Fine raised for imposing absolute liability for misdemeanor crimes. PA 096-1198

July
2011
Illinois Law Update
, Page 336
Illinois lawmakers have amended the Criminal Code of 1961 to raise the fine when imposing absolute liability on a person who committed a misdemeanor offense that is not punishable by incarceration (720 ILCS 5/4-9).

First-time misdemeanor violators of the Use of Intoxicating Compounds Act may elect to receive treatment. PA 096-1440.

July
2011
Illinois Law Update
, Page 336
The Alcoholism and Other Drug Abuse and Dependency Act has been amended and expanded to allow not only addicts or alcoholics convicted of a crime but also first-time misdemeanor violators of the Use of Intoxicating Compounds Act to choose to receive treatment under the supervision of a designated licensed program. (20 ILCS 301/40-5; 720 ILCS 690/4).

The Five Biggest Business Mistakes Lawyers Make

By Helen W. Gunnarsson
September
2011
Cover Story
, Page 444
Too many lawyers - especially new ones - undervalue their services. It's a short-sighted approach that can lead to big trouble, this lawyer argues.

Friending Your Enemies, Tweeting Your Trials: Using Social Media Ethically

By Helen W. Gunnarsson
October
2011
Cover Story
, Page 500
A look at the special ethical challenges that arise when lawyers use Facebook, Twitter and the like and how to address them.
1 comment (Most recent October 12, 2011)

Gifts of income subject to Medicaid asset transfer policies

March
2011
Illinois Law Update
, Page 124
On December 28, 2010, the Appellate Court of Illinois, Fourth District, reversed a decision of the Circuit Court of Sangamon County, finding that "gifts of income" are subject to the asset transfer policies of the federal Medicaid statute (see 42 USC § 1396p (2006)).

Gimme shelter

By Helen W. Gunnarsson
March
2011
LawPulse
, Page 118
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Good Samaritans at building evacuation scenes not subject to civil liability absent willful and wanton misconduct. PA 096-1169

May
2011
Illinois Law Update
, Page 228
Illinois lawmakers have amended the Good Samaritan Act to exempt from civil liability persons who provide free emergency care at building evacuation scenes. (745 ILCS 49/71 new).

Goodbye to the “Conspiracy” Theory of Personal Jurisdiction?

By Stephen A. Wood & James M. Reiland
January
2011
Article
, Page 28
Goodbye to the "Conspiracy" Theory of Personal Jurisdiction?

A Guide to the New Illinois Civil Union Law

By Richard A. Wilson
May
2011
Article
, Page 232
Beginning June 1, Illinois' civil union law confers most of the rights of marriage on parties to a civil union. But federal prohibitions impose important limits. Find out how the new law works.
3 comments (Most recent April 28, 2011)

Guidelines for the administration of grants to Green Manufacturing projects. PA 096-1413

August
2011
Illinois Law Update
, Page 388
The Department of Commerce and Economic Opportunity Law of the Civil Administrative Code of Illinois has been amended to establish guidelines for the administration of the Green Manufacturing Grant Fund. 20 ILCS 605/605-524.