Justice Thomas R. Fitzgerald, who retired from the Illinois Supreme Court in 2010 after a long and distinguished career, passed away Sunday at his home. He was 74.

Justice Fitzgerald's 34-year judicial career was marked by duty, grace, innovation, and an unparalleled dedication to advancing the quality of justice for those he served. He was a model for integrity.

"Having joined the court shortly after his election in 2000, I had the privilege of serving with Justice Fitzgerald for a decade," Chief Justice Rita B. Garman said. "Before we both arrived on the Supreme Court, Justice Fitzgerald and I had known each other for almost 30 years – ever since we both became rather young members of the judiciary."

"Over the many years, he never changed. He was a warm and caring person, and even when on the bench, his demeanor revealed his genuine concern about the people who appeared before him. Tom Fitzgerald was dedicated to serving the people of Illinois and to making the judicial system as fair, efficient, and accessible as it could possibly be."

In addition to being a fine jurist, Chief Justice Garman said Justice Fitzgerald shared his gifts with others by teaching lawyers and other judges at numerous educational programs.

"He was also a true scholar of the life and work of Abraham Lincoln and a devoted man of faith," Chief Justice Garman added. "The people of Illinois were privileged to have Thomas Fitzgerald as a member of the Illinois Supreme Court for a decade, and I was privileged to be his colleague and friend."

The Illinois Supreme Court announced Monday that Gerald Vernon Cleary, III has been appointed as a Circuit Judge of Cook County, at large. This appointment is effective Nov. 5, 2015 and terminates on Dec. 5, 2016. It was created by the retirement of the Hon. Richard F. Walsh.

Please join us at the 18th Annual ISBA YLD Holiday Party. Not only will there be warm appetizers, an open bar, dancing, and an opportunity to meet young lawyers from across the state, the event benefits a great cause: the Children’s Assistance Fund.

Initially created to assist with the opening of children's waiting rooms in courthouses across the State of Illinois, the IBF/YLD Children's Assistance Fund has since grown, and now provides funding to organizations across the State of Illinois that provide legal assistance to children, maintain children's waiting rooms in courthouses, work to reduce recidivism of juveniles, and/or work to reduce the incidents of domestic violence in families with children.

The YLD has distributed nearly $300,000 in grants through the Children's Assistance Fund over the past sixteen years, due, in large part, to the widespread support and participation in our annual Holiday Party. We hope that you will help us continue this worthy tradition by joining us in person or, if you cannot attend, by contributing to the cause.

WHEN: Friday, December 4, 2015, 7:00pm-11:00pm

WHERE: Duffy's Tavern and Grille, 420½ W. Diversey, Chicago

WHAT: Open Bar, Warm Appetizers, and Dancing!!

COST: $35.00 per person for tickets purchased online through Sunday, November 22, 2015 - $40.00 per person for tickets purchased at the door the evening of the event.

Stay up to date on current developments and trends in the real estate law arena with this full day seminar in Lombard on November 20, 2015! Real estate attorneys, construction lawyers, and general practitioners with basic practice experience who attend this program will better understand: the recent case law developments and real estate legislation that can impact your client; the ethical concerns that can arise in conflict of laws issues; the Illinois fracking laws that practitioners need to be aware of; the various changes that have occurred in construction laws; changes in the Illinois power of attorney laws; changes in the Illinois Condominium Act; how the new CFPB Loan Estimate and Closing Disclosure Forms have affected the closing of residential real estate transactions; and more!

The seminar is presented by the ISBA Real Estate Law Section and qualifies for 6.25 hours MCLE credit, including 1.0 hour approved Professional Responsibility MCLE credit.

Click here for more information and to register.

A client you no longer represent contacts you - he wants his file, he says. Let's assume that, for whatever reason, you'd rather not turn everything over to him. Maybe he fired you and switched to a different lawyer. Maybe he owes you money.

Do the contents belong to you? To him? What are you obliged to give up after the representation ends? The short answer: in Illinois, clients own briefs and other "end products" of the matter, but lawyers control early drafts and notes. Find out more in the November Illinois Bar Journal.

A podcast about a CLE program? Why not? Aurora lawyer and podcaster Sam Partida brought his recorder, his energetic style, and his in-the-trenches knowledge of criminal law to the ISBA’s DUI and Traffic Fall Seminar in Elgin earlier this month. The result is a great series of interviews that are an exciting and informative sampler of what you missed if you couldn’t be there – and what you can view online (for CLE credit!) as soon as it’s posted.

View Sam’s blog post about the Elgin program or use the player below to listen:

Officer Luke Elmore, of the Village of Glen Ellyn, received a 2015 Law Enforcement Award from the Illinois State Bar Association and President Umberto S. Davi on October 26 during a ceremony at the Glen Ellyn Civic Center.

The ISBA’s Law Enforcement Award was created to recognize sworn law enforcement officers for conduct that promotes justice and to distinguish those individuals whose service to the public brings honor and respect to the entire criminal justice system. It recognizes those who excel in law enforcement.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the solo owner of a five-attorney estate planning firm in Los Angeles consisting of myself and four associates. I am approaching retirement and looking at my exit options. Since there are no heirs apparent in the firm, I am looking to sell the practice. However, the potential buyer that I have been speaking with is nervous and concerned about client defections, proper transition, etc. Also, I would like to continue to practice for a few years and don't want to run afoul of the rules of professional conduct. I would appreciate your thoughts.

Here is the Illinois Supreme Court Call of the Docket for November Term 2015:

Call Tuesday, November 10, 2015 - 9:30 A.M.

• No. 117846 - People State of Illinois, appellant, v. Joshua Tolbert, appellee. Appeal, Appellate Court, First District.
• No. 118672 - People State of Illinois, appellant, v. Gregory Hernandez, etc., appellee. Appeal, Circuit Court (DuPage).

Call Thursday, November 12, 2015 - 9:00 A.M.

• Nos.118693, 118694 - People State of Illinois, appellee, v. Wail Salem, appellant. Appeal, Appellate Court, Third cons. District
• No. 118973 - People State of Illinois, appellant, v. Taron R. Burns, appellee. Appeal, Appellate Court, Fourth District.

Call Tuesday, November 17, 2015 - 9:00 A.M.

• No. 118496 - People State of Illinois, appellant, v. Eduardo Lerma, appellee. Appeal, Appellate Court, First District.
• No. 117720 - Stone Street Partners, LLC, appellee/cross-appellant, v. The City of Chicago Department of Administrative Hearings et al., appellants/cross-appellees. Appeal, Appellate Court, First District.
• Nos.119618, 19620, 119638, 119639, 119644 - Mary J. Jones et al., appellees, v. Municipal 1Employees' Annuity and Benefit Fund of Chicago et  al., appellants. Appeal, Circuit Court (Cook).
• No. 118661 - People State of Illinois, appellee, v. Jerry Boston, appellant. Appeal, Appellate Court, First District.