2001 Articles

Amendments to federal rules of civil procedure By Dawn R. Hallsten February 2001 This update on the amendments to the Federal Rules of Civil Procedure is for general practitioners who do not deal extensively with the Federal Rules of Civil Procedure but do want to be informed about the amendments.

Chairman’s corner June 2001 As 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.

Chairperson’s column December 2001 Mark your calendar for Saturday, January 19, 2002 for the ISBA "Small But Dynamic Law Firm Conference."

Chairperson’s corner October 2001 Solo 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.

Chairperson’s corner September 2001 Change 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.

Chairperson’s corner April 2001 In addition, this summer under the assistance of editor Tim Duggan, the General Practice Section Council is updating the Illinois Client Interview forms.

Chairperson’s corner March 2001 At 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.

Chairperson’s corner February 2001 The General Practice, Solo and Small Firm Section Council sponsors numerous seminars to assist ISBA members with their continuing legal education.

Child custody disputes between guardians and parents: what law governs? By Patrick J. Hitpas June 2001 Family practitioners frequently represent parties in child custody litigation between guardians and the natural parents of the child.

Computer update October 2001 Lexis is now offering unlimited access to Illinois cases, Illinois statutes annotated and more on its Web site for $10 per month.

Computer update: Intel Pentium IV chip may actually run slower than Pentium III chip By John T. Phipps February 2001 The 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.

Computer update—Windows 95 retired by Microsoft By John T. Phipps June 2001 Microsoft Corporation announced in February that it was retiring Windows 95.

Criminal law “It’s deja vu all over again” By Matt Maloney October 2001 I'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."

Criminal law legislative update: intoxication defense significantly limited By Michele M. Jochner November 2001 Senate Bill 265 was signed into law by Governor George Ryan on August 22, 2001.

Disclose your opinion witness even when your opponent doesn’t ask By Babette L. Brennan June 2001 Opinion 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 column June 2001 Recently, John and I attended the 7th Annual Newsletter Editors Conference in Chicago.

Editor’s column April 2001 This 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.

Editor’s column March 2001 It 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.

Editor’s column February 2001 Now that 2000 has ended and 2001 has arrived there is no question that we have entered new millennium.

The effect of public act 92-0136 on the creation of tenancies by the entirety By John G. O’Brien December 2001 Tenancy by the Entirety became part of Illinois law on October 1, 1990. 765 ILCS 1005/1C as amended.

Foreclosure defenses By James E. Buchmiller March 2001 Sometimes 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.

How far can they go? By David Spagat December 2001 From 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.

How soon we forget! Under proposed ISBA mandatory malpractice insurance proposals, insurance companies, not Illinois Supreme Court, will determine how law is practiced. By John T. Phipps November 2001 In the mid '80s the availability of reasonably priced malpractice insurance became a major crisis for Illinois lawyers.

Illinois physicians and the enforceability of covenants not to compete in the wake of Carter-Shields By Michael K. Goldberg March 2001 Recently, the Fifth District Appellate Court reversed an Order of the Circuit Court of Madison County granting partial summary judgment to defendants, a medical corporation and its assignee, in an action involving the enforceability of a contractual covenant not to compete against a board-certified family-practice physician.

The Illinois Supreme Court holds that the operation of an uninsured motor vehicle is an absolute liability offense By Michele M. Jochner December 2001 In 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.

Insurance coverages for business clients By Patrick F. Cleary April 2001 When defending a business client it is imperative to ascertain if insurance coverage exists.

Life in the hereafter: new subrogation ruling may create conflict of interest problems over common fund recoveries By Matt Maloney June 2001 All lawyers are trained to rely on stare decisis. Without it, how could we predict the future without looking at the past?

Minimum coverage to maximum for bad faith dealings by insurer By David Spagat April 2001 How 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?

Modification of joint custody agreement By Anne M. Martinkus October 2001 The original 1977 Illinois Marriage and Dissolution of Marriage Act, 750 ILCS 5, did not include any provisions for joint custody.

Motion to vacate default 2-1301: the floating standard By Patrick F. Cleary October 2001 Under what standards can a judge deny a motion to vacate a default filed within 30 days of the entry of judgment?