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.
Special use zoning and comprehensive plansBy Terrence M. MadsenGeneral Practice, Solo, and Small Firm, September 2001The Illinois Supreme Court has issued an important reminder to municipalities concerning the need for following through on comprehensive plans with appropriate zoning modifications in the opinion in City of Chicago Heights v. Living Word Outreach Full Gospel Church and Ministries, Inc., No. 87101, (March 22, 2001).
Taxes for the general practitionerBy Thomas F. HartzellGeneral Practice, Solo, and Small Firm, September 2001Every member of our firm does income taxes and three members do Federal and State of Illinois estate tax returns.
Chairman’s cornerGeneral Practice, Solo, and Small Firm, June 2001As my term as Chairman of General Practice, Solo & Small Firm Section Council ends, I would like to acknowledge and thank a few people on the council for their outstanding contributions during the past year.
Computer update—Windows 95 retired by MicrosoftBy John T. PhippsGeneral Practice, Solo, and Small Firm, June 2001Microsoft Corporation announced in February that it was retiring Windows 95.
Disclose your opinion witness even when your opponent doesn’t askBy Babette L. BrennanGeneral Practice, Solo, and Small Firm, June 2001Opinion witnesses and what information has to be disclosed pursuant to Supreme Court Rule 213(g) is the bane of every trial attorneys existence.
Editor’s columnGeneral Practice, Solo, and Small Firm, June 2001Recently, John and I attended the 7th Annual Newsletter Editors Conference in Chicago.
Practice tip: preparation of client for deposition—patient beware! Part IBy David K. HarrisGeneral Practice, Solo, and Small Firm, June 2001In Wilson v. Devonshire Realty of Danville, 241 Ill. Dec. 129, 718 N.E. 2d 700 (Ill. App. 4th Dist. 1999), the Defendant's Motion for Summary Judgment was granted and affirmed.
Chairperson’s cornerGeneral Practice, Solo, and Small Firm, April 2001In addition, this summer under the assistance of editor Tim Duggan, the General Practice Section Council is updating the Illinois Client Interview forms.
Editor’s columnGeneral Practice, Solo, and Small Firm, April 2001This newsletter is the seventh one published this bar year. Thank you to each of the members of the General Practice, Solo and Small Firm Section Council.
Insurance coverages for business clientsBy Patrick F. ClearyGeneral Practice, Solo, and Small Firm, April 2001When defending a business client it is imperative to ascertain if insurance coverage exists.
Minimum coverage to maximum for bad faith dealings by insurerBy David SpagatGeneral Practice, Solo, and Small Firm, April 2001How often have you been rebuffed or ignored in dealing with a carrier, sometimes even the "better" ones, when you have a seriously injured client in a liability situation seeking the policy limits on a limited coverage policy?
Prevent office theftBy Patrick F. ClearyGeneral Practice, Solo, and Small Firm, April 2001Recent news articles document the problem of law office employees stealing money. Checks get kited, unauthorized charges are made on credit cards, and/or estates are plundered by legal assistants.
Real estate contracts:By Patrick F. ClearyGeneral Practice, Solo, and Small Firm, April 2001What happens when a Buyer signs a real estate contract and then bounces the earnest money check?
