Chairperson’s cornerGeneral Practice, Solo, and Small Firm, March 2001At the ISBA Annual Meeting in June, 2001, the ISBA Trusts and Estates Section Council is proposing for an Estate Planning, Trust and Probate certification program for Illinois attorneys.
Editor’s columnGeneral Practice, Solo, and Small Firm, March 2001It is time once again for the annual ABA Techshow on March 15 - 17, 2001 at Sheraton Chicago Hotel & Towers, Chicago, Illinois. At the Techshow this year there will be over 75 exciting education sessions and more than 160 exhibition booths.
Foreclosure defensesBy James E. BuchmillerGeneral Practice, Solo, and Small Firm, March 2001Sometimes there is an inclination to assume that if the basic note and mortgage are properly executed that there is no real defense to a real estate foreclosure.
Recent legislative developmentsBy Michele M. JochnerGeneral Practice, Solo, and Small Firm, March 2001Significant changes in Illinois law have occurred as a result of new legislation which became effective January 1, 2001.
“We have met the enemy and he is … us”By Matt MaloneyGeneral Practice, Solo, and Small Firm, March 2001My erstwhile friends in the legal community know that I regularly read the advance sheets.
Chairperson’s cornerGeneral Practice, Solo, and Small Firm, February 2001The General Practice, Solo and Small Firm Section Council sponsors numerous seminars to assist ISBA members with their continuing legal education.
Computer update: Intel Pentium IV chip may actually run slower than Pentium III chipBy John T. PhippsGeneral Practice, Solo, and Small Firm, February 2001The reviews indicate that while the state of the art Pentium IV Chips indicate they have faster clock speeds than the Pentium III chips, the Pentium IV may be actually run slower then the Pentium III.
Editor’s columnGeneral Practice, Solo, and Small Firm, February 2001Now that 2000 has ended and 2001 has arrived there is no question that we have entered new millennium.
Practice alert: voluntary non-suits—criteria and consequencesBy G. Bradley HantlaGeneral Practice, Solo, and Small Firm, February 2001The Code of Civil Procedure allows for the filing of a voluntary non-suit pursuant to Chapter 735 of the Illinois Compiled Statutes, section 5/2-1009.
Chairperson’s cornerGeneral Practice, Solo, and Small Firm, December 2000Probably the most important project that the General Practice, Solo and Small Firm Section Council has been working on this year is the work on the proposal for changes to the Rules of Professional Conduct allowing the sale of a law firm by sole practitioners.
“Mortgagee in possession”—watch your languageBy Thomas F. HartzellGeneral Practice, Solo, and Small Firm, December 2000Prepared forms do not always have necessary language. A recent case in our circuit concerning a mortgagee asking the court to be placed in possession during foreclosure proceedings reminds all of us of the need to read documents very carefully.
Reasonable accommodation: A new battleground in employer/ employee disputesBy Donald A. LoBueGeneral Practice, Solo, and Small Firm, December 2000Whether or not illnesses and injuries constitute a disability within the meaning of the Americans with Disabilities Act (ADA) and whether or not the employer provided mandated reasonable accommodation has become an active, new battleground in employer/employee disputes.
Refusal to play—the insurer must payBy David SpagatGeneral Practice, Solo, and Small Firm, December 2000What to do in the pursuit of your valid claim when treated unfairly by your own carrier?
U.S. Supreme Court holds police cannot use road blocks to obtain evidence of ordinary criminal wrongdoingBy John T. PhippsGeneral Practice, Solo, and Small Firm, December 2000In City of Indianapolis v. Edmond, 2000 WL 1740936, affirmed, the U. S. Supreme Court held that an Indianapolis road-block program was unconstitutional because it violated the Fourth Amendment prohibition against unreasonable searches and seizures.
The nuts and bolts of representing physicians at hospital disciplinary hearingsBy Michael K. GoldbergGeneral Practice, Solo, and Small Firm, November 2000Virtually every hospital in Illinois provides physicians with the right to an administrative hearing before their medical staff privileges may be reduced or eliminated.
Chairperson’s cornerGeneral Practice, Solo, and Small Firm, September 2000In one of the first issues of the General Practice newsletters, I made mention of the action by Illinois Real Estate Lawyers Association against the real estate firm of Koenig & Strey for the unauthorized practice of law.
Health insurance continuation coverage—state or federalBy Dawn R. HallstenGeneral Practice, Solo, and Small Firm, September 2000Where applicable, Illinois employer-sponsored group health insurance plans must offer eligible individuals the choice of continuation coverage under the federal Consolidated Omnibus Budget Reconciliation Act (COBRA) and the Illinois "mini-Cobra" laws.
Lawyer/realtor update: The line has been drawnBy Stuart H. WolfGeneral Practice, Solo, and Small Firm, September 2000As at the Alamo, the line has been drawn, and we have elected to remain and fight.
Recent criminal law cases decided by the Illinois Supreme CourtBy Michele M. JochnerGeneral Practice, Solo, and Small Firm, September 2000In this case, the State appealed from a decision by the appellate court that permitted defendant to challenge the length of his prison sentence without first filing a motion to withdraw his guilty plea.
Computer buying checklist July 2000By John T. PhippsGeneral Practice, Solo, and Small Firm, August 20001. The network card seems to be a basic need for a law office as the need to link computers to share information continues to develop.
The U.S. Supreme Court rules that “bare-boned” anonymous tips are insufficient to justify a Terry stop and friskBy Michele M. JochnerGeneral Practice, Solo, and Small Firm, May 2000Over the last decade, law enforcement authorities have had little occasion to criticize the Fourth Amendment jurisprudence of the United States Supreme Court, as the Justices have regularly given police officers increased latitude to conduct searches, particularly in cases involving automobiles or narcotics.
Avoiding payment of child support to the SDUBy Chris E. FreeseGeneral Practice, Solo, and Small Firm, April 2000If your client wants to submit to the court a Judgment of Dissolution of Marriage that avoids the payment of child support through the State Disbursement Unit (SDU), can the court approve such a judgment?
“Choosin’ up” lessons in communicationBy John V. De StefanoGeneral Practice, Solo, and Small Firm, April 2000When I received my Norman Rockwell calendar for 1999. One of the drawings of the month entitled "Choosin' Up" depicts four young boys in baseball uniforms, two of which were standing eye-to-eye with their hands on a baseball bat.
Maintenance revisitedBy Howard W. Feldman & David K. HarrisGeneral Practice, Solo, and Small Firm, April 2000The Fourth District Appellate Court in a decision dated February 9, 2000, affirmed an award of permanent maintenance to a 32-year-old wife, with a high school education, who had been married for 14 years.
Past chair’s columnBy John H. MavilleGeneral Practice, Solo, and Small Firm, April 2000Most of you are probably familiar with proposed Rule 1.17. This rule would permit the sale of the goodwill of a law practice by a sole practitioner.
Changing personnel policies and employee handbooks just got harderBy Donald A. LoBueGeneral Practice, Solo, and Small Firm, March 2000Attorneys representing employers should be aware of the recent Illinois Supreme Court case of Doyle v. Holy Cross Hospital 186 Ill.2d 104, 237 Ill.Dec. 100, 708 N.E.2d 1140 (1999) which held that modification of the terms of an employee handbook or personnel policy would not be enforceable without new consideration.
Food for thought: Estate planning for subsequent marriagesBy Babette L. BrennanGeneral Practice, Solo, and Small Firm, March 2000Even in a first marriage, there is potential for a conflict of interest when an attorney endeavors to represent both the husband and the wife in their estate planning.
