2014 Articles

Police seizure of unauthorized-lights-sporting vehicles

April
2014
Illinois Law Update
, Page 168
In addition to facing a Class A Misdemeanor for possessing "oscillating, rotating, or flashing lights or other indicia of emergency vehicle authority within any portion of a motor vehicle," upon a legal search, a searching law enforcement officer must seize, upon violation, any such indicia or equipment.

The Powerful Practice Technology You Already Have

By Ed Finkel
September
2014
Cover Story
, Page 428
The technology that can transform your practice by dramatically saving you time and money may already be in your office - if you'd just learn to use it.

A Practical Guide to Injunction Bonds Under Illinois Law

By Justin A. Maleson & R. Douglas Rees
March
2014
Article
, Page 138
A party facing an injunction gains leverage by persuading the court to impose a high bond. The plaintiff, on the other hand, wants a low bond or none at all. Here's how to argue both sides.

A Practice-Focused Presidency

By Ed Finkel
July
2014
Cover Story
, Page 324
Promoting civics education, reshaping ISBA's solo and small firm conference, and helping debt burdened law students and new admittees tops new ISBA President Rick Felice's agenda.

Practice-Launching Tips for Solos and Small Firms

By Ed Finkel
February
2014
Cover Story
, Page 72
Time to strike out on your own? Veteran practitioners help you get off to a good start - and avoid common missteps - with tips on marketing, billing, retainers, client management, and more.

A Practitioner’s Guide to Illinois’ Speedy-Trial Statute

By Jill Ausdenmoore
June
2014
Article
, Page 284
Find out what the cases say about how to calculate a defendant's speedy-trial period.
1 comment (Most recent May 23, 2014)

Preparation: The Key to Deposition Success

October
2014
Column
, Page 501
The three ps of deposition success are preparation, preparation, and preparation.

Prescriptive easements do not require exclusive possession

December
2014
Illinois Law Update
, Page 572
On September 18, 2014, the Illinois Supreme Court held that the "exclusivity" element for prescriptive easements does not require exclusive possession for the statutory period, overruling contrary first district cases.

Preserving the Peer Review Privilege in Med-Mal Cases

By Margaret J. Lowery
April
2014
Article
, Page 176
Properly performed peer review is not subject to discovery in med-mal litigation. But health care providers sometimes learn the hard way how the privilege can be lost.

Pretrial Motions - Are You Getting Them Right?

By Jennifer L. Graham
June
2014
Article
, Page 280
Recent appellate opinions and orders show that too many attorneys improperly label and file motions to dismiss and for summary judgment at the trial level. Here's how to get it right.
2 comments (Most recent March 11, 2015)

Procurement preference for service-disabled and veteran-owned small businesses

March
2014
Illinois Law Update
, Page 120
In an effort to meet the state's goal of promoting veteran-owned small businesses (VOSB) and service-disabled veteran-owned small businesses (SDVOSB), the Department of Central Management Services (CMS) adopted a new section to the administrative code giving preference to such businesses in the state's procurement process. 44 Ill. Adm. Code 20 (eff. Dec. 5, 2013).

Proof of health insurance required to participate in state-funded medical programs

September
2014
Illinois Law Update
, Page 424
In order to participate in State-funded hemophilia treatment and chronic renal disease programs, patients suffering from hemophilia and chronic renal disease must now provide proof of health insurance coverage.

Property tax bills going digital

July
2014
Illinois Law Update
, Page 320
Upon written request from a property owner, township and county tax collectors may now email property owners their tax bills.

Property tax code adjusted for tornado-damaged small businesses

September
2014
Illinois Law Update
, Page 424
Article 10 of the Illinois Tax Code has been amended to add a division on the valuation of property that has suffered tornado damage.

Property Tax Sales and Bankruptcy after Alexandrov v. LaMont

By Andrew J. Hawes
July
2014
Article
, Page 346
The seventh circuit recently held that a homeowner debtor can extend the deadline to redeem property sold at a tax sale by declaring Chapter 13 bankruptcy. Find out what it means.

Protect Your Business Clients with a Prejudgment Interest Provision

By Kaitlyn Anne Wild
August
2014
Article
, Page 394
Damage awards can take years, and Illinois' prejudgment interest statute doesn't always apply. Why not include a prejudgment interest provision in contracts for your business clients?
1 comment (Most recent September 3, 2014)

Provision requiring mutual and written consent for termination of contract is void as against public policy

April
2014
Illinois Law Update
, Page 168
On February 7, 2014, the First District Appellate Court of Illinois held that a contract provision stating the agreement could only be terminated upon the express written consent of both parties created a perpetual contract, and was therefore void as contrary to public policy.

Proximate Cause: Limiting Liability Along the Chain of Causation

By Amelia Buragas
February
2014
Article
, Page 88
Illinois courts have struggled with defining the limits of proximate cause. Multi-car collision cases present an interesting case study of the evolution of proximate cause jurisprudence.

Public aid applications may now be submitted electronically

May
2014
Illinois Law Update
, Page 220
The Illinois Department of Human Services (the "Department") amended its procedures for administering Medicaid, CHIP, and Health Subsidy Programs. 89 Ill. Adm. Code 10; 89 Ill. Adm. Code 121. As of February 7, 2014, applications for cash, medical, or SNAP assistance can be submitted electronically.

Put Not Your Trust in Nigerian Princes

By Karen Erger
February
2014
Column
, Page 100
A recent iteration of the Nigerian email scam offers lessons for lawyers.
1 comment (Most recent February 7, 2014)

A Quick Guide to Clearing Criminal Records in Illinois

By Wayne Brucar
December
2014
Article
, Page 586
A criminal record can be an insurmountable hurdle for job-seeking clients in a tough market. Here's how you can help them move beyond their criminal pasts.
1 comment (Most recent December 8, 2014)

The Ratings Game

By Janan Hanna
March
2014
Cover Story
, Page 124
Sites like Avvo that rate lawyers and encourage consumer reviews are evoking reaction positive and negative in the legal community – and posing interesting ethical challenges.
1 comment (Most recent February 24, 2014)

Ready to Lead? Nominate Yourself for an ISBA Committee or Council

By Richard D. Felice
January
2014
Column
, Page 9
Nominate yourself for a section council or committee for 2014-15.

Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Umberto S. Davi
December
2014
Column
, Page 565
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Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Umberto S. Davi
November
2014
Column
, Page 517
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Ready to Lead? Nominate Yourself for an ISBA Committee or Section Council

By Umberto S. Davi
October
2014
Column
, Page 464
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Reclaiming property tax overpayments

December
2014
Illinois Law Update
, Page 572
In Cook county, if a property is assessed twice for the same year or was assessed prior to its becoming taxable, and if these taxes that were assigned in error were paid at sale or otherwise, or were overpaid by the same or different claimants, then the Cook County Treasurer will refund these taxes to the proper claimant.

Reformers: trace law unfairly punishes drug users who are not DUI

By Janan Hanna
March
2014
LawPulse
, Page 114
Proponents are championing legislation to eliminate harsh penalties for drivers who had traces of illegal drugs in their system but were not driving while impaired.
3 comments (Most recent March 3, 2014)

Reimbursement for nursing costs at geriatric facilities

August
2014
Illinois Law Update
, Page 372
Pursuant to Pub. Act 98-104, the Department of Healthcare and Family Services has established a new nursing component reimbursement methodology based on the Resource Utilization Group IV ("RUG") classification scheme. 89 Ill. Adm. Code 147 (eff. May 30, 2014).

Reimbursements for the Offender Initiative Program and Second Chance Probation

December
2014
Illinois Law Update
, Page 572
The General Assembly added a section to the Unified Code of Corrections that governs appropriations for the Offender Initiative Program and Second Chance Probation.