2008 Articles

Amendment to FMLA of 1993 covers care for injured or ill service members and for “qualifying exigency” By J.A. Sebastian March 2008 On January 28, 2008, President Bush signed an amendment to the Family and Medical Leave Act of 1993 (FMLA) as part of the National Defense Authorization Act for FY 2008 (NDAA) (Pub. L. 110-181).

Applications for the Tradition of Excellence Award sought—Deadline March 21, 2008 By Donald A. LoBue March 2008 It is that time of year again. The General Practice, Solo & Small Firm Section Council is seeking nominations for its Tradition of Excellence Award.

Chair’s column By J.A. Sebastian September 2008 Once again I repeat the scope/mission statement of the General Practice, Solo & Small Firm Section Council: “To promote professional excellence among those engaged in the general practice of law through education relating to substantive legal practice areas and by providing opportunities for the exchange of information particularly pertinent to the needs of solo and small firm practitioners.

Chair’s Column: The Section really does a lot for its members! By J.A. Sebastian December 2008 Thanks to our newsletter co-editors, John Phipps of Champaign and Judge Edna Turkington-Viktora of Chicago, who devote so much time and effort to assure that the General Practice newsletter is a quality resource for you.

Chair’s Column: There are but a few short months to complete CLE credits By Donald A. LoBue April 2008 As attorneys should know by now, the first reporting period for mandatory continuing legal education (MCLE) is rapidly coming to a close.

Chair’s Column: “Two lawyers walk into a bar…” By Donald A. LoBue May 2008 There was a very informative and disturbing article about lawyers in the April 6, 2008 edition of the Chicago Tribune Magazine.

Chair’s Column: Veterans need our help By Donald A. LoBue March 2008 I recently attended the Illinois Bar Association’s Continuing Legal Education program entitled “Veterans Legal Issues.”

Client communication should start at the beginning By Timothy J. Storm May 2008 Communication lies at the heart of much of what attorneys do with, and for, clients.

Editor’s Column: Illinois Supreme Court allows retired lawyer to do pro bono work during retirement without requiring annual registration fee By John T. Phipps May 2008 On March 27,2008 the Illinois Supreme Court adopted a rule change that beginning July 1, 2008 will allow retired and inactive lawyers to do pro bono work in recognized non-profit programs providing legal services.

Editor’s Column: Observations at ABA Tech Show—2008 By John T. Phipps April 2008 The ABA Tech Show 2008 was held March 13-15 at the Hilton Hotel in Chicago.

Editor’s Column: Our service members need our help By John T. Phipps March 2008 Working through the Champaign County Family Law Committee a number of Champaign County Bar Association Lawyers are volunteering to assist the members of a local Illinois National Guard Unit prepare for deployment overseas.

Editor’s Column: Perspectives on the mortgage default mess By John T. Phipps December 2008 These are two pearls of Southern Illinois wisdom that come to mind as I listen to the news about the financial crisis we are in with regard to mortgage defaults and mortgage foreclosures.

Editors Column: Pro bono for lawyers with limited time—There are many ways to serve By John T. Phipps September 2008 Recently, the Illinois Supreme Court adopted a change to Supreme Court Rule 756 (j) that allows inactive and retired lawyers to represent pro bono clients without being required to pay the active lawyer registration fee or comply with mandatory CLE requirements.

Five top financial tips for young attorneys By Randall Edgar September 2008 Although any young professional should appreciate sound financial advice, I have written this article to be primarily directed to young attorneys who will face slightly different problems than young business professionals or individuals in other professions.

How to practice part-time from afar By Patrick E. Ward December 2008 For several years before I decided to semi-retire, I had a picture of a beautiful, tranquil beach and the inscription below it which read: “Never be so busy making a living that you forget to make a life.”

I hung my shingle: What I’ve learned in two years of solo practice By Peter R. Olson January 2008 Author Peter Olson shares what has worked and what hasn't during his first years as a sole practitioner.

The Illinois Open Meetings Act: Client communications to counsel while the door is closed By Patrick M. Kinnally May 2008 The purpose of the Illinois Open Meetings Act is to ensure the work of public bodies be patent and candid.

The Illinois Supreme Court Sheds Light on the “Gray Areas” of the Relation-Back Doctrine in Porter v. Decatur Memorial Hospital By Michele M. Jochner April 2008 The question presented in Porter v. Decatur Memorial Hospital, Docket No. 104441 (Jan. 25, 2008), was whether, pursuant to section 2-616(b) of the Code of Civil Procedure (735 ILCS 5/2-616(b)(West 2004)), count III of plaintiff’s second amended complaint related back to his timely-filed original and first amended complaints and, therefore, whether plaintiff’s motion for leave to file a second amended complaint was improperly denied as time-barred.

Matt Maloney—A passion for the law By John T. Phipps January 2008 Remembering Matt Maloney, who died unexpectedly on Christmas Day, 2007.

Newly codified standards for community association managers—Analysis and potential pitfalls By Michael Zink April 2008 Public Act 095-0318 sets forth for the first time standards by which compensated “community association managers,” typically employed by condominium associations, are to be measured. Proposed under HB 1071, P.A. 095-0318 was approved by the Governor on August 21, 2007.

No reasonable juror should be allowed to view this video By Dan O’Brien December 2008 Justice Scalia uploaded the Supreme Court into the age of “You Tube” with the inclusion, for the first in the history of the Court, a video link in Scott v. Harris.

Past Chair’s Column: Tradition of Excellence Award to Matt Maloney By Donald A. LoBue September 2008 This year’s Tradition of Excellence Award goes to Matthew A. Maloney of Princeton, Illinois, posthumously. Matt epitomized the award.

Practice advisory: Appellate practice changes By Timothy J. Storm April 2008 Litigators should be aware of several amendments to Supreme Court Rules affecting appellate procedure.

Practice Tip—Helping clients: To Survive Caregiving: A Daughter’s Experience, a Doctor’s Advice on Finding Hope, Help and Health (2007) By Cheryl E. Woodson, M.D.—A book review By John Voorn September 2008 Serving as a caregiver is a daunting task.

Practice Trap: Life insurance provisions that secure child support obligation in marital settlement agreements can cause drafting and enforcement problems By Judge Brian L. McPheters March 2008 Marital Settlement agreements incorporated into judgments of dissolution of marriage frequently and wisely utilize life insurance to secure child support obligations in the event of the death of a parent.

The role of the GAL in family law cases By Susan M. Brazas May 2008 In recent years, many circuit courts have made increasing numbers of appointments of Guardians Ad Litem in custody and visitation matters.

Special issue in memoriam of MATTHEW A. MALONEY By Donald A. LoBue January 2008 The Bar Association lost a good friend when Matt Maloney of Princeton, Illinois passed on December 25, 2007.

Taking a leap of faith By Joe Giamanco September 2008 Ask any solo or founding partner of a new firm what convinced them to take the leap of faith and leave the safety and security of their former employer for the “what if” opportunity of opening a new practice and you are bound to get a wide variety of responses.