2024 Articles

Enough With the Talking Objections

By Andrew N. Jovanovic
April
2024
Article
, Page 30
A short discussion of talking objections and coaching during discovery depositions in the age of Zoom.

Ethical Spills at the Water Cooler

By Mark C. Palmer
January
2024
Article
, Page 22
What to be aware of when lawyers consider sharing office space with colleagues from other firms.

Ethics at Work

By Charles J. Northrup
January
2024
Column
, Page 44
Do not leave behind the ISBA’s ethics Advisory Opinions from 2023.

Evidence of voluntary intoxication may be considered when examining defendant’s mental state for specific-intent offenses

April
2024
Illinois Law Update
, Page 14
On Dec. 29, 2023, the Illinois Supreme Court held that evidence of voluntary intoxication may be considered when evaluating a defendant’s mental state for specific-intent offenses.

Failure to conduct either a preliminary hearing or indictment is structural error

June
2024
Illinois Law Update
, Page 16
On March 5, 2024, the Fifth District of the Illinois Appellate Court held that failure to conduct either a preliminary hearing or indictment is structural error.

Family Leave and Civility

By Paloma Holloman
January
2024
Column
, Page 42
Treating women lawyers with respect means valuing their contributions to the law and beyond.

Farm mutual insurance companies insuring against wind or hail must maintain adequate catastrophic reinsurance 

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Farm Mutual Insurance Company Act of 1986. The Act is now divided into two subsections: subsection (a) is effective until Nov. 17, 2028; subsection (b) is effective thereafter.

Fertile Ground

By Ed Finkel
June
2024
LawPulse
, Page 12
ISBA launches new Rural Practice Section.

Firm for Sale?

By Ed Finkel
June
2024
Cover Story
, Page 20
The ISBA’s new Law Firms for Sale service connects sellers and prospective buyers.

First cousins once removed are eligible for a related adoption under the Adoption Act

April
2024
Illinois Law Update
, Page 14
On Jan. 11, 2024, the Second District of the Illinois Appellate Court ruled that first cousins once removed are eligible for a related adoption under the Adoption Act.

Fixing the Market

By Pete Sherman
January
2024
LawPulse
, Page 10
A massive jury verdict against the National Association of Realtors has attorneys discussing the fallout.

The Floodgates Open

By Amelia Buragas
March
2024
LawPulse
, Page 16
As more defendants are released before trial, the number of appeals challenging pretrial release decisions also are rising.

Fraudulent COVID-19 relief-program offenses must be prosecuted within five years after discovery of the offense

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Criminal Code of 2012. Prosecutions based upon fraudulent activity related to COVID-19 relief programs must be commenced either: 1) within five years after the discovery of the offense by an individual having a legal duty to report the offense; or 2) in the absence of such discovery, within five years after the appropriate prosecuting officer becomes aware of the offense.

Freedom of Information Act exempts Illinois State Police from providing information relating to firearm owners’ own FOID cards

March
2024
Illinois Law Update
, Page 18
On Nov. 30, 2023, the Illinois Supreme Court held that the Illinois State Police (ISP) does not have to provide information to applicants regarding their own Firearm Owners Identification (FOID) card application under the Freedom of Information Act (FOIA).

Genuine issue of material fact on question of apparent agency exists when a patient is not informed that their physician is an independent contractor

April
2024
Illinois Law Update
, Page 14
On Jan. 25, 2024, the First District of the Illinois Appellate Court held that a genuine issue of material fact exists as to apparent agency when a hospital patient does not know their physician is an independent contractor.

Get Out There

By Shawn S. Kasserman
March
2024
Column
, Page 9
Bar association events of all sizes and locations are great places for making new friends, receiving and giving support, and sharing ideas.

Get Ready to Vote

March
2024
Column
, Page 10
Every vote counts in this year’s ISBA elections, which include a competitive race for third vice-president.

Going Negative

By Patrick Barry
March
2024
Column
, Page 44
Negative feedback is medicine served best to the right people at the right time.

Guardianship training programs must include content regarding Alzheimer’s disease and dementia

February
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Guardianship and Advocacy Act. The state’s guardianship training program, which covers the duties and responsibilities of guardians appointed under the Probate Act, must now include content regarding Alzheimer’s disease and dementia.

Hospitals required to submit treatment plans for transfer services or medical forensic services for sexual assault survivors

February
2024
Illinois Law Update
, Page 14
The Department of Public Health adopted amendments to its Sexual Assault Survivors Emergency Treatment Code. Within 60 days of the department’s request, hospitals must submit a plan to provide either transfer services to all sexual assault survivors, medical forensic services to all sexual assault survivors, or transfer services to pediatric sexual assault survivors; and medical forensic services to sexual assault survivors 13 years and older.

The Illinois Appellate Court lacks jurisdiction to hear interlocutory appeals by municipalities from orders granting motions to suppress in connection with municipal code violations

June
2024
Illinois Law Update
, Page 16
On March 7, 2024, the Third District of the Illinois Appellate Court held municipalities cannot appeal suppression-of-evidence orders in cases concerning municipal code violations.

Illinois Criminal Code no longer references the imposition and execution of death sentences

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Criminal Code of 2012. The amendments removed all references related to the imposition of a death sentence.

Illinois does not recognize common-law peer-review privilege, but Illinois reporter’s privilege statutes protect academic journals

January
2024
Illinois Law Update
, Page 16
On Oct. 27, 2023, the First District of the Illinois Appellate Court held that Illinois does not recognize a common-law peer-review privilege, but the Illinois reporter’s privilege statutes protect academic journals from disclosing their sources.

Illinois earned income tax credit increased to 20 percent of the federal credit; eligibility extended to certain individuals without dependents and those without Social Security numbers

April
2024
Illinois Law Update
, Page 14
The Department of Revenue adopted amendments to the Part titled Income Tax. The Illinois earned income tax credit has been increased to 20 percent of the federal earned income tax credit for each taxable year beginning on or after Jan. 1, 2023.

Income eligibility threshold increased for medical assistance for children under 19; Parts repealed

February
2024
Illinois Law Update
, Page 14
 The Department of Healthcare and Family Services adopted amendments to its Medical Assistance Programs. The countable monthly income eligibility threshold for children under age 19 to receive medical assistance is now raised from 133 percent to 313 percent of the federal poverty level.

Information from automated license plate readers cannot be shared with state or local jurisdictions to enforce laws that deny reproductive care or permit investigation of persons based on immigration status

May
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois Vehicle Code. An automated license plate reader (ALPR) is an electronic device that can record data or take a photograph of a vehicle or its license plate and compare the collected data to existing law enforcement databases for investigative purposes.

Instant Karma

By Robert S. Held
April
2024
Article
, Page 26
A fiduciary relationship is created when a power of attorney is signed.
1 comment (Most recent April 12, 2024)

Insurance policy’s exclusion for “knowing violation of rights of another” bars coverage when allegations of the underlying complaint allege malicious acts

July
2024
Illinois Law Update
, Page 20
On April 19, 2024, the First District of the Illinois Appellate Court held that an insurance policy’s exclusion for “knowing violation of rights of another” bars coverage when allegations of the complaint in the underlying matter allege malicious acts.

Joining the AI Revolution

By Pete Sherman
April
2024
LawPulse
, Page 10
ISBA creates Standing Committee on Artificial Intelligence and the Practice of Law.

Judges may consider additional factors in determining criminal prosecution of a minor; mitigating factors for minors’ sentencings

April
2024
Illinois Law Update
, Page 14
The Illinois General Assembly amended the Juvenile Court Act of 1987. The amendments added new evaluation criteria for judges to determine whether a minor 15 years or older shall be criminally prosecuted or is amenable to the care, treatment, and programs of juvenile court.