Part 2: Reciprocal or mutual wills—implied consequencesBy Timothy E. DugganGeneral Practice, Solo, and Small Firm, May 2002In a previous issue of this newsletter, an article by the same name discussed the factors that courts would consider to determine if wills were executed pursuant to contract, reviewed specific cases to highlight how the analysis of such factors worked in practice, and noted that ordinary disposition schemes have been argued to evidence contractual wills.
Trial pratice notes: civil jury instructions—an update and commentsBy Patrick J. HitpasGeneral Practice, Solo, and Small Firm, May 2002If you are a lawyer who does not concentrate in personal injury cases, you may not have the opportunity to try jury trials on a regular basis.
The youth court option: now that’s a young prosecutorBy Terrence M. MadsenGeneral Practice, Solo, and Small Firm, May 2002The scene in the Knox County courtroom is pretty much the same as at any routine juvenile proceeding except that the prosecutor is fourteen, the defense "attorney" is sixteen and a "jury" of 13 17 year old are hearing evidence in aggravation and mitigation in anticipation of imposing a very real sentence.
Ante-nuptial isn’t nuptialBy Terrence M. MadsenGeneral Practice, Solo, and Small Firm, April 2002An ante-nuptial agreement does not enjoy the traditional disclosure privileges associated with marital communications according to the Third District's recent opinion in In rel. Puterbaugh v. Puterbaugh, 3-01-0292 (2/14/02).
Chair’s columnGeneral Practice, Solo, and Small Firm, April 2002ISBA president Tim Eaton has appointed a Special Committee on the Transfer of a Law Practice.
Estate planning & probate updateBy James F. Dunneback & Anne Scheurich KellyGeneral Practice, Solo, and Small Firm, April 2002The past year has seen significant and far-reaching changes in the estate planning and estate and gift tax arenas.
Patient beware! Part IIIBy David K. HarrisGeneral Practice, Solo, and Small Firm, April 2002On October 23, 2001, the Fourth District Appellate Court reversed the trial court's decision allowing summary judgment against the plaintiff/patient. Warren v. Burris, 325 Ill. App 3d 599.
Chairperson’s columnGeneral Practice, Solo, and Small Firm, March 2002ISBA's President Tim Eaton and the ISBA Board have gone on record to again advocate for changing the Supreme Court rules to permit the sale of a solo practice.
Garageman’s labor and storage liens another believe it or not situationBy G. Bradley HantlaGeneral Practice, Solo, and Small Firm, March 2002An automobile mechanic and/or garageman enters your office indicating that he has a truck that has been left at his premises for a considerable period of time and that there is a storage bill owed on the truck in a sum in excess of $5,000.
Part 1: Reciprocal or mutual wills—implied consequencesBy Timothy E. DugganGeneral Practice, Solo, and Small Firm, March 2002A simple and common request can have significant consequences which may be unintended: a married couple, each with children from prior marriages, wants wills which leave everything to the surviving spouse and then, upon the death of the survivor, the estate is to be divided among all of their children from their prior marriages.
Practice reminder—ABA TechshowBy John T. PhippsGeneral Practice, Solo, and Small Firm, March 2002Don't forget the ABA Techshow which is being held March 14-16, 2002 at the Sheraton Chicago Hotel & Towers, Chicago, Illinois.
Revocation of wills: intent is not enoughBy Donald A. LoBueGeneral Practice, Solo, and Small Firm, March 2002Cancellation and alteration of wills usually occurs without the benefit of legal advice. An individual wants to change his or her will and marks the original accordingly. Prior to seeing a lawyer, he or she dies.
Local governmental involvement—doing the right rightBy David SpagatGeneral Practice, Solo, and Small Firm, January 2002Problem: something is not right in your local community and you want to do something about it.
How far can they go?By David SpagatGeneral Practice, Solo, and Small Firm, December 2001From time to time the practitioner is consulted with a proposition from a client of long standing as to what that person should do and where might he go to effectively assist in the redress of a situation he witnessed that demanded remedial action for himself or for the victim for which he was concerned.
The Illinois Supreme Court holds that the operation of an uninsured motor vehicle is an absolute liability offenseBy Michele M. JochnerGeneral Practice, Solo, and Small Firm, December 2001In People v. O'Brien, 197 Ill. 2d 88 (2001), the Illinois Supreme Court addressed the question of whether the General Assembly intended that the State, in order to convict an individual for operating an uninsured vehicle, must establish that the driver had knowledge that the vehicle was not insured.
Reported cases consider service by special order of courtBy Dawn R. HallstenGeneral Practice, Solo, and Small Firm, December 2001Under 735 ILCS 5/2-203.1, a plaintiff may seek leave of the court to serve the defendant by special order of court if the plaintiff has diligently but unsuccessfully attempted to serve the defendant personally or by abode service.
Which costs incurred by plaintiffs are recoverable?By Patrick J. HitpasGeneral Practice, Solo, and Small Firm, December 2001If you represent plaintiffs or defendants, or both, you may get varying results in Illinois regarding which costs incurred by plaintiff are recoverable after trial.
Practice pointer: a release is not enoughBy Babette L. BrennanGeneral Practice, Solo, and Small Firm, November 2001The case of Blutcher v. EHS Trinity Hospital, 321 Ill.App.3d 131, 746 N.E.2d 863, 254 Ill.Dec. 106 (1st Dist. 2001) serves as an unpleasant reminder of just how careful lawyers must be.
Chairperson’s cornerGeneral Practice, Solo, and Small Firm, October 2001Solo and small firm lawyers are encountering more and more situations where their clients are involved with business, real estate and other matters in more than one state.
Computer updateGeneral Practice, Solo, and Small Firm, October 2001Lexis is now offering unlimited access to Illinois cases, Illinois statutes annotated and more on its Web site for $10 per month.
Criminal law “It’s deja vu all over again”By Matt MaloneyGeneral Practice, Solo, and Small Firm, October 2001I'm not certain if Yogi Berra made this statement. In thinking about this often-cited quote, I was reminded of the correlation between baseball and drug sniffing dogs. In ruling on the reliability and admissibility of "dog sniff" testimony a noted jurist commented, "a .700 average in baseball would be admirable but I'm not so sure that's an acceptable average for a drug sniffing dog."
Motion to vacate default 2-1301: the floating standardBy Patrick F. ClearyGeneral Practice, Solo, and Small Firm, October 2001Under what standards can a judge deny a motion to vacate a default filed within 30 days of the entry of judgment?
Chairperson’s cornerGeneral Practice, Solo, and Small Firm, September 2001Change is the only real constant in our profession. While lawyers like to think of themselves as stayed in precedents and the law evolves slowly and methodically that is not really the case in modern America.
Patient beware! Part IIBy David K. HarrisGeneral Practice, Solo, and Small Firm, September 2001Under the fraudulent concealment doctrine, the statute of limitations will be tolled if the Plaintiff pleads and proves that fraud prevented discovery of a cause of action.
