Articles on Bench and Bar

Deepfakes in the Courtroom: Problems and Solutions By George Bellas Bench and Bar, March 2025 “Deepfakes” are altered or completely fabricated AI-generated images, audio, or video, that are also extremely realistic, making them difficult to discern from reality. In a sense, they’re AI’s version of photoshopping. Lawyers need to educate themselves and their firms on what deepfakes are and how to spot them, develop a healthy skepticism of content they encounter, and question its source. Take nothing at face value, and closely scrutinize details of that content to look for anything inconsistent with reality, such as people with more or less than five fingers.
Deepfakes in the Courtroom: Problems and Solutions By George Bellas Commercial Banking, Collections, and Bankruptcy, March 2025 “Deepfakes” are altered or completely fabricated AI-generated images, audio, or video, that are also extremely realistic, making them difficult to discern from reality. In a sense, they’re AI’s version of photoshopping. Lawyers need to educate themselves and their firms on what deepfakes are and how to spot them, develop a healthy skepticism of content they encounter, and question its source. Take nothing at face value, and closely scrutinize details of that content to look for anything inconsistent with reality, such as people with more or less than five fingers.
Recent Appointments and Retirements Bench and Bar, March 2025 Recent changes to Illinois' judiciary.
What Is a Motion for Relief? By Justice Judy Cates Bench and Bar, March 2025 Ever heard of a motion for relief? No—not a motion to reconsider, or motion for new trial or judgment notwithstanding the verdict—but a motion for relief. The motion for relief is a procedural prerequisite to jurisdiction in the appellate court. A party seeking to appeal is tasked with filing a motion for relief, or “mini-brief,” in the trial court, setting forth the alleged errors that occurred during the detention proceedings and the grounds for the relief requested. The motion for relief will also serve as the argument of the appellant on appeal, as the appellant may file, but is not required to file, a memorandum in the appellate court. Ill. S. Ct. R. 604(h)(7) (eff. Apr. 15, 2024). 
David C. Marcus: The Unsung Civil Rights Hero By Hon. Jesse G. Reyes Bench and Bar, January 2025 A civil rights lawyer who represented the Mendez family in the landmark case, Mendez v. Westminster. 
Mandatory Arbitration Clause Found Unconscionable and Therefore Unenforceable in Nursing Home Contract By Albert E. Durkin & Peter W. Buchcar Bench and Bar, January 2025 On October 11, 2024, the Illinois First District Appellate Court affirmed the trial court’s decision to deny a Motion to Dismiss and Compel Arbitration, finding that mutually binding arbitration clauses or agreements in adhesion contracts that are so one-sided as to be deemed illusory can be substantively unconscionable and unenforceable, regardless of a severability provision. 
The Most Important Thing You Can Bring to Court By Judge Brian Weinthal Bench and Bar, January 2025 An administrative law judge shares insight on how attorneys can avoid losing credibility when appearing before a finder-of-fact. 
Recent Appointments and Retirements Bench and Bar, January 2025 Recent changes to Illinois' judiciary.
Justice Is in the Doing By Justice Michael B. Hyman Bench and Bar, December 2024 A discouraged lawyer receives a visit from a special ghost of presidents past.
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Navigating the Future of Commercial Litigation: Top Five Trends to Watch in 2025 By Hon. Michael J. Chmiel Bench and Bar, December 2024 As we approach 2025, the landscape of commercial litigation continues to evolve, influenced by technological advancements, shifting regulatory frameworks, and changing business practices. For attorneys practicing in the commercial banking, collections, and bankruptcy sectors, staying abreast of these trends is crucial for effective representation and strategic planning. This article explores five of the hottest topics in commercial litigation that are likely to shape the field in the coming years.
Notebook LM: A Powerful and Useful Tool By Hon. Michael J. Chmiel Bench and Bar, December 2024 Notebook LM enables users to generate things like summaries and podcasts through downloads.
Recent Appointments and Retirements Bench and Bar, December 2024 Recent changes to Illinois' judiciary.
New Rule: Service of Process in Cook County By Judge E. Kenneth Wright, Jr. & Robert G. Markoff Bench and Bar, October 2024 A new law recently signed by Governor J. B. Pritzker now allows licensed private detectives and their employees to serve process in Cook County without court appointment. The new law is effective as of January 1, 2025.
Over 600 Years of Wisdom By Laura A. Josephson-Bernat, J.D., MBA Bench and Bar, October 2024 Judges and lawyers share professional and personal advice that they wish they had learned earlier in their careers.
Recent Appointments and Retirements Bench and Bar, October 2024 Recent changes to Illinois' judiciary.
Striking a Balance Between Justice and Impartiality By Judge E. Kenneth Wright, Jr. Bench and Bar, October 2024 As legal professionals, we bear an ethical responsibility to enhance access to justice by mitigating the barriers that disproportionately burden SRLs. Their presence in our judicial system is a given; the pressing question is how best to support and assist them.
Recent Appointments and Retirements Bench and Bar, September 2024 Recent changes to Illinois' judiciary.
Justice Stevens: The Great Contrarian By Justice Michael B. Hyman Bench and Bar, November 2019 Justice Stevens’s extreme number of concurrences and dissents has left a robust trail that attests to his determination to be his own person.
Evidence advocacy—the judge’s perspective By Warren D. Wolfson Bench and Bar, November 2002 When a trial lawyer becomes a trial judge, the earth moves.
Recent judicial appointments and retirements Bench and Bar, November 2002 (1) The Supreme Court has accepted the resignations of the following judges:
Breaking impasses in settlement conferences: five techniques for resolution. Bench and Bar, July 2001 Although my settlement conferences are always begun as a facilitative mediation, I am not reluctant to suggest a single settlement number when an impasse arises and both parties desire my input.
Case summaries Bench and Bar, July 2001 The trial court took under advisement cross motions for summary judgment in a declaratory judgment action in a dispute over a contract to lease real estate with an option to purchase.
Legislature receives report of chief justice Bench and Bar, March 2000 Editor's note: Pursuant to section 17, article VI, of the 1970 Illinois Constitution, Chief Justice Moses W. Harrison II, on behalf of the supreme court, recently submitted to the General Assembly an annual report suggesting improvements in the administration of justice

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