Illinois Bar Journal back issues from November 2007:
In the season of thanksgiving, remember to give back: let's reflect on our own good fortune, and not forget the less fortunate. Here are some ways lawyers can help.(Illinois)(President's page)
Nov 01, 2007; ... Despite the ebb and flow of our personal and professional lives, most of us have much to be thankful for. If we ever have doubts about that, we need only compare ourselves to the many in our society and the world who are less fortunate. During this season of Thanksgiving we should try to ...
Rule 216 requests to admit: no more "gotcha" games: with its Vision Point ruling, the Illinois Supreme Court gives trial courts the power to allow late or otherwise deficient answers to Rule 216 requests to admit.(Vision Point of Sale, Inc. v Haas)
Nov 01, 2007; ... [ILLUSTRATION OMITTED] To praise from some quarters T and grumbles from others, the Illinois Supreme Court has clarified the procedures for parties to respond to requests to admit under SCR 216 and for trial courts to decide whether it should give a party additional time in ...
Fryeing the HGN test: the Illinois Supreme Court rules that a Frye hearing must be held to decide whether the horizontal gaze nystagmus test reliably indicates alcohol impairment.(People v. McKown)
Nov 01, 2007; ... Law enforcement authorities have used the horizontal gaze nystagmus (HGN) L test for years as one of several field sobriety tests. But is the test a reliable indicator of alcohol impairment, admissible at trial for that purpose? The Illinois Supreme Court hasn't yet definitively ...
No duty to warn, Illinois high court holds: the court reaffirms the rule that Party A has no duty to warn Party B about a threat posed by Party C unless there's a special relationship between A and B.(Iseberg v. Gross)
Nov 01, 2007; ... Someone with whom you used to do business has made threats against another of your former business associates, blaming that individual for ruining his life. Have you any duty to warn the latter person? In a unanimous opinion (in which one justice took no part), the Illinois ...
Ex post facto Medicaid "planning": may an agent or guardian shift the principal's assets for Medicaid planning purposes after the principal has become disabled? Yes - but doing so can be expensive.
Nov 01, 2007; ... In his article, judicial Medicaid Planning--Convincing the judge is easier than convincing DHS, which appears in the October 2007 issue of ISBA's Elder Law Section newsletter, Springfield lawyer Anthony J. DelGiorno observes that many senior citizens who would prefer their savings to go to ...
Of principals and POAs: protecting the elderly from themselves: what can we do for elderly clients who, their loved ones insist, aren't making good financial and personal decisions because they aren't fully competent? How far does - and should - the law go in allowing well-meaning intervention?(powers of attorney)(Illinois)
Nov 01, 2007; ... [ILLUSTRATION OMITTED] Most lawyers know what it is to serve clients afflicted with dementia. If they don't, they surely know or have known a family member or friend who is such a client. Lawyers can ameliorate some of the anguish that accompanies the onset and ...
Medicaid planning in Illinois. are you ready for the DRA? The federal Deficit Reduction Act of 2005 requires estate planners to devise new ways to protect the assets of clients who face long nursing-home stays. Illinois hasn't implemented the law, but it will. This article looks at what will and won't change when that happens.
Nov 01, 2007; ... [ILLUSTRATION OMITTED] Medicaid law is unsettled. On February 8, 2006, President Bush signed the Deficit Reduction Act of 2005 (DRA), which drastically restricts the options available to seniors and persons with disabilities for Medicaid asset-protection planning--i.e., ...
Combating orders-of-protection abuse in divorce: differences in the order-of-protection process under the IMDMA and the Illinois Domestic Violence Act create an opportunity for petitioners to gain an unfair advantage in divorce, this author says. Find out what counsel for the respondent can do in such cases.
Nov 01, 2007; ... [ILLUSTRATION OMITTED] An order of protection (OP) can be used as a sword as well as a shield in divorce. There's no question that victims need protection from abusers. But not all parties to divorce are above using OPs not for their intended purpose but solely to gain advantage ...
No supervision for adult DUI offenders who transport minors? A law apparently requiring jail time instead of court supervision for first-time DUI offenders over the age of 21 who were transporting minors conflicts with existing law and may not be constitutional, the author argues. Here's how to challenge it.(Illinois)
Nov 01, 2007; ... Public Act 94-110, section 5 amended the Illinois Vehicle Code's DUI law (1) by imposing severe sanctions on DUI offenders over 21 who transport P minors (the law took effect early last year). Section 11-501 now states in pertinent part: (c-5) [A] person 21 years of age or older who ...
Disciplining attorneys and other FLSA-exempt employees for attendance problems: suppose your associate or paralegal shows up late for work. Can you dock her pay without transforming her from an exempt to a nonexempt employee under the Fair Labor Standards Act and thereby subjecting yourself to more regulation? Yes, you can, and here's how.
Nov 01, 2007; ... [ILLUSTRATION OMITTED] The federal Fair Labor Standards Act (FLSA) imposes several restrictions on how employers treat their employees, most notably requiring employers to pay overtime for workweeks that exceed 40 hours. Certain categories of employees are exempted ...
Burdens of proof: a butcher's scale or Ockham's razor? Defining burdens of proof can be hard. (What is "clear and convincing"?) But perhaps they're easier to understand than to define.(Illinois)
Nov 01, 2007; ... [ILLUSTRATION OMITTED] It was the final block of instruction on day two of the basic skills course required of all newly admitted attorneys and judge justice looked out at a room full of faces showing information overload. Undaunted, the judge began: "In case you haven't ...
Year-end planning for trust-and-estate clients: it's not too late to implement some tax-saving strategies on behalf of your estate-planning clients.
Nov 01, 2007; ... [ILLUSTRATION OMITTED] The end of the calendar year provides an opportunity for trust-and-estate practitioners to offer a periodic review of planning advice for our clients. The following is a list of year-end planning ideas from a trust-and-estate perspective. ...
Using "My Legislation" to keep up to date: the Illinois General Assembly web site's free "My Legislation" feature enables you to stay abreast of new public acts.
Nov 01, 2007; ... Does your job require you to keep track of legislation pending before the Illinois General Assembly? Since the introduction of the Illinois General Assembly Web site's "My Legislation" tool, doing so has never been easier. My Legislation (reachable via a link across the top blue ...