2000 Articles

Past chair’s column By John H. Maville April 2000 Most 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.

Practice alert By James F. Dunneback August 2000 The General Assembly recently amended the Illinois Power of Attorney Act. The amendments, which are significant, became effective for all durable powers of attorney executed on or after June 9, 2000.

Practice reminder: simple wills—tricky issues By Babette L. Brennan September 2000 From time to time many general practitioners, prepare "simple" wills for "small" estates.

Practice trap: Baby Richard turns mischievous? By Terrence M. Madsen December 2000 Has "Baby Richard" created jurisdictional land mines outside of the Adoption Act that could affect the integrity of sound and secure relationships developed pursuant to the Parentage Act?

Quick reference guide to the Business Corporation Act—Part I By Timothy E. Duggan May 2000 I have not found the Business Corporation Act to be user-friendly. Most of the lack of clarity is due to the organizational problems of drafting the desired flexible inter-related and alternative methods of corporate organization, operations, and flow of authority.

Reasonable accommodation: A new battleground in employer/ employee disputes By Donald A. LoBue December 2000 Whether 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.

Recent criminal law cases decided by the Illinois Supreme Court By Michele M. Jochner September 2000 In 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.

Recent Illinois Supreme Court cases involving termination of parental rights and adoption By Michele M. Jochner November 2000 In this case, the Illinois Supreme Court interpreted section 1(D)(m) of the Adoption Act, which provides that a parent may be found unfit for:

Recent legislation effective June 1, 2000 By John T. Phipps May 2000 The Automatic Contract Renewal Act becomes effective June 1, 2000. The Act defines "contract" and "parties" and provides, "If a contract is subject to automatic renewal, the clause providing for automatic renewal must appear in the contract in a clear and conspicuous manner.

Refusal to play—the insurer must pay By David Spagat December 2000 What to do in the pursuit of your valid claim when treated unfairly by your own carrier?

Summary judgment entered for employer in an ADEA action if the employer honestly believes its nondiscriminatory reasons, no matter how trivial, for firing an employee By Angela Imbierowicz March 2000 The Age Discrimination in Employment Act of 1967 ("ADEA") protects workers who are at least forty years of age by prohibiting employers from engaging in discrimination because of the employee's age.

The Tradition of Excellence Award applicants sought By Donald A. LoBue April 2000 The General Practice Section has established a Tradition of Excellence Award. All lawyers licensed to practice law in Illinois, including sitting or retired judges, are eligible.

U.S. Supreme Court holds police cannot use road blocks to obtain evidence of ordinary criminal wrongdoing By John T. Phipps December 2000 In 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 U.S. Supreme Court rules that “bare-boned” anonymous tips are insufficient to justify a Terry stop and frisk By Michele M. Jochner May 2000 Over 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.

Want to challenge a sentence after a guilty plea? What do you file? By Patrick J. Hitpas April 2000 Your client has entered a plea of guilty to an offense and has been sentenced by the trial court.

What you need to know about grandparent visitation By Michael K. Goldberg March 2000 The death of a spouse elicits a myriad of emotions, and the pain of losing a loved one is certainly exacerbated when there are surviving minor children.

What you need to know about grandparent visitation, Part II …to grandmother’s house we go…maybe By Terrence M. Madsen March 2000 The Governor's end-of-the-summer bill signings triggered considerable discussion over the future of grandparent visitation.

Whoops—there goes that second worker’s compensation fee By Terrence M. Madsen August 2000 The Illinois Supreme Court has either clarified or declared—depending on your perspective—that the statutory 25% attorney fees for recovery of reimbursement for an employer who has made a worker's compensation payment is, as a practical matter, at best a part of, and not in addition to, any fee amount contracted with an employee.

Workers’ compensation By Bernard Wysocki April 2000 The short answer is "yes." Recently, in Joe W. King v. Industrial Commission et al. (R.R. Donnelly), (Ill.Sup.Ct. No. 87099, 1/21/2000), the Illinois Supreme Court held that a former employee, who had been awarded permanent total disability under § 8(f) of the Workers' Compensation Act, could subsequently be required to submit to an independent medical examination requested by a former employer.

General Practice, Solo & Small Firm

2000 Articles