2024 Articles

An insurer does not need to pay its insured directly to gain subrogee status

December
2024
Illinois Law Update
, Page 16
On Sept. 19, 2024, the Illinois Supreme Court held that subrogation claims are permissible when an insurer pays for an insured loss, even if payment is made to a third party.

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.

Judgment notwithstanding the verdict is proper when jury’s answer on a special interrogatory is inconsistent with its verdict

January
2024
Illinois Law Update
, Page 16
On Oct. 19, 2023, the Illinois Supreme Court held that a judgment notwithstanding the verdict is proper when a jury’s answer to a special interrogatory is inconsistent with its general verdict.

A Key Piece to the Puzzle

By Amelia Buragas
January
2024
LawPulse
, Page 10
As the Illinois Supreme Court eyes access to justice, it establishes a committee to ponder the practicalities of where lawyers fit in.

Knowing Better

By Amelia Buragas
July
2024
LawPulse
, Page 12
An ISBA proposal cracking down on misconduct, including sexual harassment, in the legal profession is adopted by the Illinois Supreme Court.

Landlords must now clearly disclose potential flooding in rental and lease agreements

November
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Landlord and Tenant Act. Before a tenant signs a lease or rental agreement, the landlord must clearly disclose in writing if the property is in a Federal Emergency Management Agency-designated special flood hazard area and if the landlord has actual knowledge that the property or any portion of a parking area has been subject to flooding.

Landlords required to attach documents to lease detailing rights of domestic and sexual violence survivors

December
2024
Illinois Law Update
, Page 16
The Illinois General Assembly enacted the Summary of Rights for Safer Homes Act. The director of the Illinois Department of Human Rights is now required to create a summary detailing the rights and remedies of tenants who are survivors of domestic violence or sexual violence that are guaranteed to them by the Safe Homes Act, the Code of Civil Procedure, the Illinois Human Rights Act, the Public Utilities Act, the Illinois Municipal Code, and the Counties Code. Landlords leasing residential property must attach a copy of the summary as the first page of a lease, regardless of whether that lease is new or a renewal.

Law enacted for agreements containing provisions on digital replicas

November
2024
Illinois Law Update
, Page 18
The Illinois General Assembly enacted the Digital Voice and Likeness Protection Act. A certain provision in an agreement for personal or professional services is unenforceable if it meets three conditions.

Law enforcement may not stop or search motor vehicles where objects placed or suspended between the driver and front windshield materially obstruct the driver’s view

March
2024
Illinois Law Update
, Page 18
The Illinois General Assembly amended the Illinois Vehicle Code. Under the Code, drivers are prohibited from operating a motor vehicle where any object placed or suspended between the driver and front windshield materially obstructs their view.

Lawyer as Peacemaker

By Patrick G. King
March
2024
Article
, Page 38
The hidden role of peacemaker in the Preamble to the Illinois Rules of Professional Conduct.
1 comment (Most recent March 3, 2024)

Let’s Celebrate the 4s!

By Charles J. Northrup
July
2024
Column
, Page 44
Guidance on using the professional designation “of counsel.”

License To Hold Hearings Remotely

By Amelia Buragas
October
2024
LawPulse
, Page 12
The ISBA and the Illinois Secretary of State team up to promote the agency’s new option for remote administrative hearings.

Licensed Lawyers: The Next Generation

By Pete Sherman
May
2024
LawPulse
, Page 12
As states adopt the NextGen bar exam, some also revisit alternative pathways for earning a law license.

Licensed social workers may administer opioid antagonist drugs in a professional capacity

December
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Clinical Social Work and Social Work Practice Act. Licensed clinical social workers and licensed social workers may now possess and administer opioid antagonist drugs, so long as the possession and administration of such drugs is within their professional capacity.

Lifting Each Other Up

By Shawn S. Kasserman & Dr. Diana Uchiyama
May
2024
Column
, Page 8
The Illinois Lawyers’ Assistance Program provides a lifeline to those in need of mental health and substance use support.

The Limitless Uses of Limited Scope

By Ed Finkel
January
2024
Cover Story
, Page 18
An overview of a two-part ISBA webinar that provides practitioners with the ins-and-outs of limited scope representation.

Lobbying as an Illinois Lawyer

By Arthur Mitchell
August
2024
Article
, Page 36
A guide for keeping lawyer-lobbyists away from potential ethical pitfalls.

Lonely Lawyers

By Karen Munoz
December
2024
Article
, Page 36
The importance of recognizing loneliness and its impact on lawyers, and why it is so pervasive.

Lots to Celebrate … and Do

By Ryan P. Theriault
January
2024
Column
, Page 46
Riding the momentum of a great 2023 into the new year.

A marriage is invalid if prior to a marriage the parties are advised by an attorney that a legal impediment to the marriage exists

July
2024
Illinois Law Update
, Page 20
On April 15, 2024, the Second District of the Illinois Appellate Court held that to establish a prima facie case for a valid marriage, at the time of the ceremony the plaintiff must have had a good-faith belief that the marriage was real, meaning they were not told of any legal impediment to the marriage.

Meaning of the term “infliction” of sexual abuse includes incidents where a parent allows abuse of their child by a third party

November
2024
Illinois Law Update
, Page 18
On Aug. 26, 2024, the First District of the Illinois Appellate Court held that a parent who was aware of child-abuse allegations against another, yet continued to allow that person unsupervised access to their child, could be found to have inflicted sexual abuse on the child.

Medicaid and Credit Shelter Trusts

September
2024
Column
, Page 8
A reader provides a few caveats and supplemental information relating to Medicaid and credit shelter trusts.

Microsoft Copilot

By Danielle DavisRoe
November
2024
Column
, Page 42
How to elevate your Excel skills—the AI way.

Mid-hearing petition for involuntary admission is a violation of due-process rights under the Mental Health and Developmental Disabilities Code

July
2024
Illinois Law Update
, Page 20
On April 23, 2024, the Third District of the Illinois Appellate Court held that a mid-hearing petition for involuntary admission is a violation of due-process rights under the Mental Health and Developmental Disabilities Code.

Mind Over Matter

By Joseph T. Monahan & Matthew R. Davison
November
2024
Article
, Page 30
The Illinois Mental Health and Developmental Disabilities Confidentiality Act sets out protections and procedures that lawyers must heed before attempting to access a person’s mental health records.

Mob action is a detainable offense

August
2024
Illinois Law Update
, Page 20
On May 28, 2024, the Fourth District of the Illinois Appellate Court held that mob action is a detainable offense.

Motor vehicle dealers in Illinois may now conduct sales activities via the internet, including collecting digital signatures and delivering vehicles to a customer’s address 

June
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Illinois Vehicle Code. New and used motor vehicle dealers licensed in Illinois are now authorized to conduct vehicle sales via the internet. Dealers may collect digital signatures from buyers.

Much Ado About Little

By Katherine Hanson
October
2024
Article
, Page 32
Some say that the courts’ increased reliance upon technology, in part due to the pandemic, has rendered the doctrine of forum non conveniens obsolete. This is not so.

Multiple-occupancy restrooms may be designated for use by persons of any gender; requirements added for all-gender restrooms

January
2024
Illinois Law Update
, Page 16
The Illinois General Assembly amended the Equitable Restrooms Act. Any multiple-occupancy restroom (i.e., restrooms intended for simultaneous use by two or more individuals) may be identified as all-gender multiple occupancy restrooms and designated for use by persons of any gender.