Section Newsletters

Articles From 2002

Patient beware! Part III By David K. Harris General Practice, Solo, and Small Firm, April 2002 On 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.
Payable on death accounts By Bradley W. Small Commercial Banking, Collections, and Bankruptcy, May 2002 Effective January 1, 2002, legislation was enacted providing that payable on death accounts may be held in the names of joint account holders
Pediatric Surgical Assoc., P.C. v. Commissioner of Internal Revenue creates potential tax problems for professional corporations By Robyn Halsey Business and Securities Law, December 2002 On April 2, 2002, the United States Tax Court handed down its decision in Pediatric Surgical Assoc., P.C. v. Commissioner, Docket No. 12743-28, T.C.
People do notice: Professional passing By Terrence M. Madsen General Practice, Solo, and Small Firm, December 2002 I recently attended the funeral of a former circuit clerk in a small rural county. This clerk had, as often is the case, served actively in his political party and had even once managed a campaign of a now-retired circuit judge.
People v. Davis By Marina Para Criminal Justice, December 2002 In July 1998, Larion Jackson, his brother Chris, and several friends were on a porch outside the Jackson home.  
People v. Henderson By Randall Rosenbaum Criminal Justice, December 2002 As a matter of first impression in the State, the Third District Appellate Court ruled it is error for a trial judge to refuse to exercise discretion in determining whether a plea should be accepted or rejected on its merits simply because an arbitrary plea deadline has passed.
People v. Lindsey: No Fifth Amendment right against self-incrimination in probation revocation hearings By J. Brick Van Der Snick Traffic Laws and Courts, December 2002 Defense attorneys are often confronted with the situation of a client on supervision, conditional discharge or probation for a traffic-related offense who faces a petition for violation of sentencing conditions.
People v. Reggie Smith: The proper foundation for admission of a videotape By Daniel T. Gillespie Traffic Laws and Courts, December 2002 In People v. Reggie Smith, 321 Ill. App. 3d 669, 749 N. E. 2d 986, 255 Ill. Dec. 504 (1st Dist. 2001), the appellate court set forth the proper foundation requirements for the introduction of a videotape.
Peoria County Board may seek permission to allow yard waste to be added to municipal landfills By Phillip R. Van Ness Environmental and Natural Resources Law, January 2002 It looks like the change of seasons is triggering more than falling leaves. A proposal before the Peoria County Board may have repercussions throughout the state.
Perfecting and enforcing a security interest in an option to purchase real estate By John C. Murray Commercial Banking, Collections, and Bankruptcy, May 2002 If a person or entity acquires an option from the owner of a parcel (or parcels) of real estate to purchase such real estate, is the optionee's interest personal property or real property
Perfecting and enforcing a security interest in an option to purchase real estate By John C. Murray Real Estate Law, February 2002 If an entity acquires an option from the owner of a parcel (or parcels) of real estate to purchase such real estate, what interest does it actually own?
Personal injury coverage includes defamation and disparagement By Stanley C. Nardoni Corporate Law Departments, November 2002 My previous articles in this newsletter noted that defamation and disparagement are among the offenses usually covered in the advertising injury and personal injury provisions of general liability policies.
Persuading jurors, judges and arbitrators with trial exhibits By Rodney R. Nordstrom Young Lawyers Division, December 2002 The most common error with trial exhibits is probably the easiest to correct: Getting the trial attorney to pay attention to the importance of his or her trial exhibits.
Pet custody: the new frontier in family law By Roza Gossage Family Law, June 2002 If we had been practicing family law for more than a few years, we all have had the issue of who gets the dog, cat or bird in the divorce.
Planning for higher education expenses By Kenneth R. Eathington Agricultural Law, September 2002 Paying higher education expenses can be a daunting task. Recent changes in the tax laws provide increased incentives for saving for higher education, as well as tax breaks to help offset some of the costs when you pay the expenses.
Plea to charge of reckless driving bars subsequent prosecution for offense of reckless homicide By Angela Peters Traffic Laws and Courts, November 2002 In People v. Sienkiewicz, 331 Ill.App.3d 70, 771 N.E.2d 580, 264 Ill.Dec. 826 (2d D. 2002), the defendant pled guilty to reckless driving after his passenger was killed when the defendant lost control of his motorcycle.
Powers of attorney from the title company perspective following AMCORE Bank v. Hahnaman-Alrecht By Richard F. Bales Real Estate Law, March 2002 AMCORE Bank v. Hahnaman-Alrecht, Inc., et al., No. 2-00-1462, a second district case, contains some valuable lessons for real estate attorneys who are fond of using powers of attorney.
Powers of attorney, guaranties and third party protection By Steven B. Bashaw Real Estate Law, March 2002 Last month Dick Bales "beat me to the punch" with his views on AMCORE Bank N.A. v. Hahnaman-Alrecht, Inc. (2nd Dist., November 14, 2001), .
Practical considerations in the execution of estate planning documents—beware of the bomb By Franklin M. Hartzell Trusts and Estates, June 2002 In the execution of estate planning documents, whether you believe the execution to be such that the instrument or instruments are contest proof or you have concern that the documents might be contested, certain safeguards should be established.
Practice pointers By James K. Say Trusts and Estates, September 2002 Readers are advised that an excellent summary exists at the FDIC Web site, (www.fdic.gov), for avoiding mistakes in FDIC insurance coverage.
Practice reminder—ABA Techshow By John T. Phipps General Practice, Solo, and Small Firm, March 2002 Don't forget the ABA Techshow which is being held March 14-16, 2002 at the Sheraton Chicago Hotel & Towers, Chicago, Illinois.
Practice tip: Avoid malpractice—is there an association? By Jordan I. Shifrin Real Estate Law, February 2002 Many attorneys representing a buyer in the purchase of a new home neglect to inform their client when there are recorded covenants disclosing an obligation to pay assessments.
Practice tip: lead and toxic release inventory reporting Environmental and Natural Resources Law, March 2002 If a company you represent is required to submit a Toxic Chemical Release Inventory ("TRI") Form, also known as "Form R", check the recently lowered threshold for reporting lead.
Practice tips By James K. Say Trusts and Estates, April 2002 The Victims of Terrorism tax Relief Act (P.L. 107-134) was signed into law by President Bush on Jan. 23, 2002. The Act provides income and estate tax benefits to victims of the Oklahoma City bombing, the September 11 attacks, and the anthrax attacks.
Practice tip—New IRS procedure to obtain employer ID numbers By John T. Phipps General Practice, Solo, and Small Firm, March 2002 As of January 2, 2002 the toll free number to obtain EIN numbers is 866/816-2065.
Practice transition problems of solos By Bernard Wysocki General Practice, Solo, and Small Firm, January 2002 Probably, 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.
Prenuptial agreements / retirement waivers/ERISA By Barbara E. Hardin Family Law, August 2002 Prenuptial agreements that include waivers of retirement benefits can create serious issues, including potential malpractice claims for those uninformed of the Employee Retirement Income Security Act (ERISA) and Retirement Equity Act (REA ), 29 U.S.C. Section 1055.
Preparing your client for “the” evaluation By Rory Weiler Family Law, December 2002 The parties in many divorce cases initially dispute custody of the children. Fortunately, these disputes are most often resolved through the efforts of counsel and the court by the use of the mediation process.
Presenting the bill By Donald E. Weihl Law Office Management and Economics, Standing Committee on, April 2002 While the practice of law is an honorable profession, a lawyer, like anyone else rendering services, is entitled to be compensated for those services.
Preventing medical errors and improving patient safety Health Care Law, March 2002 Patient safety and medical errors continue to be areas of ongoing concern in the health policy arena.