“But, they didn’t give me my Miranda rights!”By Michael J. MaslankaGeneral Practice, Solo, and Small Firm, December 2018In Johnson v. Winstead, the seventh circuit gave an overview of rights and consequences for violations of rights regarding constitutional law and privileges.
Appellate court’s estate planning adviceBy Michael J. MaslankaElder Law, November 2018In the recent case of Johnson v. Filler, the second district appellate court issued an opinion dealing with alleged legal malpractice by attorneys with regard to their preparation of wills and trusts.
Why file the last will and testament?By Michael J. MaslankaSenior Lawyers, November 2018Many clients with whom you consult may be surprised to learn that Illinois law requires that the will of a decedent must be filed with the clerk of the circuit court shortly after the decedent's death.
A human rights decision in disguise?By Michael J. MaslankaHuman and Civil Rights, October 2018An overview of People v. Kochevar, a recent appellate case.
Appellate court’s estate planning adviceBy Michael J. MaslankaTrusts and Estates, September 2018In Johnson v. Filler, the appellate court held that constructive knowledge by an attorney of wrongful conduct is not sufficient to allege a claim of aiding and abetting.
Child’s finger amputated and seventh circuit blames parentsBy Michael J. MaslankaGeneral Practice, Solo, and Small Firm, September 2018Roh v. Starbucks Corp. provides a substantive review of the law in Illinois pertaining to a child’s personal injury in a public place
Recent developmentsBy Michael J. MaslankaReal Estate Law, April 2018Three developments that real estate law practitioners should find interesting.
The Vital Records Act amendmentBy Michael J. MaslankaTrusts and Estates, April 2018The Vital Records Act was amended as of January 1, 2018.
Agency, Powers of Attorney, co-agency and strict constructionBy Michael J. MaslankaTrusts and Estates, December 2017Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
Powers of attorney, living wills, advance directives and religionBy Michael J. MaslankaTrusts and Estates, November 2017Religious denominations may have their own suggested or recommended language-- consider informing your clients so that they may make informed decisions that don't contradict their religious beliefs.
Articles, articles, articles!By Michael J. MaslankaReal Estate Law, October 2017Consider writing for this newsletter.
Illinois nursing homes reviewed; Survey said…By Michael J. MaslankaSenior Lawyers, October 2017Rosewood Care Center of Swansea v. Price, decided August 22, 2017, provides guidance for when clients come to you with complaints regarding nursing homes.
Articles, articles, articles!By Michael J. MaslankaReal Estate Law, September 2017Consider writing for this newsletter.
Mom had a life insurance policy, but we can’t find it!By Michael J. MaslankaTrusts and Estates, August 2017If the client indicates that he or she cannot find any information about a life insurance policy, but knows that one existed, you can suggest that the client utilize the Illinois Life Policy Locator Service through the Illinois Department of Insurance.
Agency, Powers of Attorney, co-agency and strict constructionBy Michael J. MaslankaReal Estate Law, July 2017Transactional attorneys and estate planning attorneys need to be aware of not only the language of the court in In Re Estate of Thomas F. Shelton, but in the Illinois Co-Agency statute.
Powers of attorney, living wills, advance directives and religionBy Michael J. MaslankaSenior Lawyers, June 2017Religious denominations may have their own suggested or recommended language-- consider informing your clients so that they may make informed decisions that don't contradict their religious beliefs.
Court orders and detective Sergeant Joe FridayBy Michael J. MaslankaYoung Lawyers Division, April 2017When drafting court orders, attorneys must add facts that otherwise might seem unimportant.
Did your mother ever tell you to wear clean underwear because… ?By Michael J. MaslankaHuman and Civil Rights, April 2017A summary of Mulvania, et al. v. Sheriff of Rock Island County, et al., currently pending in the U.S. District Court for the Central District of Illinois.
The risks of using legal forms without attorney guidance… Episode # 37By Michael J. MaslankaReal Estate Law, April 2017If your clients ever ask if they can just prepare a form, you can honestly say that they can but that they do so at their own risk, and the cost of an attorney's fee to prepare the form for her or him is likely going to be a lot less than the fee for fixing a mistake that the do-it-yourself form may produce.
A tip to ingratiate yourself with real estate purchasing clientsBy Michael J. MaslankaReal Estate Law, April 2017In light of Galinas v. The Barry Quadrangle Condominium Association, et al, townhome/condo purchasers should look into buying homeowner's insurance, even though the Association has its own policy.
Settling parties (with attorneys) beware!By Michael J. MaslankaSenior Lawyers, February 2017The recent opinion in Williams v. Office of the Chief Judge of Cook County, Illinois and Michael Rohan, contains a portion which this author-- and likely others--will find disturbing.
The other side of the Power of Attorney coinBy Michael J. MaslankaTrusts and Estates, November 2016From time to time, a client may come in to consult with the attorney and relate facts, including that someone else is acting as agent under another person’s power of attorney, and that there may be some misfeasance, malfeasance, or abuse going on. That is the other side of the coin.
The other side of the Power of Attorney coinBy Michael J. MaslankaSenior Lawyers, October 2016From time to time, a client may come in to consult with the attorney and relate facts, including that someone else is acting as agent under another person’s power of attorney, and that there may be some misfeasance, malfeasance, or abuse going on. That is the other side of the coin.
Spot an error in your article? Contact Celeste Niemann at cniemann@isba.org. For information on obtaining a copy of an article, visit the ISBA Newsletters page.
