Patricia Brown Holmes 2015-16 CBA President
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SEPTEMBER 2015 CBA Committee Chair/Vice-Chair Directory Enclosed Patricia Brown Holmes 2015-16 CBA President Competitive fees for referring attorneys One of the top trial records in Illinois Success rate of almost 98% of cases at trial Record high verdicts and settlements in Cook, DuPage and Will Counties Over $550 million in verdicts and settlements on behalf of our clients 55 West Wacker Drive, Ninth Floor Chicago, Illinois 60601 312.629.2900 www.McnabolaLaw.com PERSONAL INJURY • TRUCKING NEGLIGENCE • MEDICAL MALPRACTICE • PRODUCT LIABILITY • AVIATION LAW WE ARE NOT JUST NURSING HOME LAWYERS We may be the go-to nursing home lawyers in Illinois, but we have repeatedly won multi-million dollar verdicts and settlements in a variety of serious injury, accident and medical malpractice matters. Most recently we recovered a $7.5 million settlement for an injured boat worker that was THE LARGEST JONES ACT RECOVERY EVER RECORDED IN ILLINOIS. Our firm held the previous Illinois record Jones Act settlement of $4.5 million set in 2008. OTHER NOTABLE RESULTS: • A $17.7 Million Medical Malpractice/Brain Injury Settlement • A $6.5 Million Birth Injury Settlement • A $6.5 Million Record Kane County Wrongful Death/Trucking Accident Settlement • A $2.4 Million Pedestrian Accident Verdict We’ve shared millions in attorney’s fees with our referring lawyers on many of these cases. CALL STEVE OR JOHN AT 312-332-2872 TO DISCUSS REFERRALS. 325 North LaSalle Street, Suite 450 • Chicago, Illinois 60654 • Phone: 312-332-2872 • Toll-free: 877-374-1417 • Fax: 312-332-3112 www.LevinPerconti.com • www.nursinghomelaw.com [email protected] CBA RECORD CONTENTS September2015•Volume29, Number5 6 President’s Page Access to Justice– INSIDE THIS ISSUE A Global Crisis 24 Ethical Limits on Witness Preparation 10 CBA News By Timothy J. Miller and Matthew J. Singer 16 Chicago Bar Foundation 30 A Bar Association for Everyone–Meet CBA President Patricia Report Brown Holmes 20 Murphy’s Law By Oliver A. Khan 42 Legal Ethics By John Levin YOUNG LAWYERS SECTION 43 Ethics Extra By Brandon Djonlich 36 Lessons from the Ranch By Matthew A. Passen, YLS Chair 44 LPMT Bits & Bytes 38 Where There’s a Will, There’s a Way By Catherine Sanders Reach By Furqan Mohammed and Lucy Park 46 A Person of Interest Getting to Know Irving Stenn, Jr. 48 Summary Judgments SEPTEMBER 2015 On the Cover Daniel A. Cotter reviews CBA This month’s cover photo of CBA Terrence Hake and Wayne President Patricia Brown Holmes was Klatt’s Operation Greylord taken by Bill Richert. Committee Chair/Vice-Chair Directory Enclosed The CBA Record (ISSN 0892-1822) is published seven times annually (January, February/March, April/May, July/August, September, October, November) for $10 per year by the Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604- 3997, 312/554-2000, www.chicagobar.org.Subscriptionsfornon- membersare$25peryear.Periodicals postagepaidatChicago, Patricia Brown Holmes Illinois.POSTMASTER:SendaddresschangestoCBA Record,c/o 2015-16 CBA President Kayla Bryan, Chicago Bar Association,321SouthPlymouthCourt, Chicago,Illinois60604. Copyright 2015 by the Chicago Bar Association. All rights reserved. Reproduction in whole or in part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not by the fact of publication necessarily those of the Association or its members. All manuscripts are carefully considered by the Editorial Board. All letters to the editors are subject to editing. Publication of advertisements is not to be deemed an endorsement of any product or service advertised unless otherwise stated. CBA RECORD EDITORIAL BOARD PRESIDENT’S PAGE Editor-in-Chief Amy Cook BY PATRICIA BROWN HOLMES Amy Cook Consulting Features Editor Justin Heather Access to Justice–A Global Crisis The Quinlan Law Firm, LLC Summary Judgments Editor and we were honored to have President- Pamela S. Menaker Elect Dominique Attias, Jacques Bouyssou, Clifford Law OfÀces Denis Chemla, and Emile Vasseur join us. YLS Journal Editors-in-Chief Our discussion included some of the Jonathan B. Amarilio following topics: Taft Stettinius & Hollister LLP • Private for-profit legal service providers. Geoff Burkhart • The U.K.’s legal aid crisis and pro bono American Bar Association programs/initiatives to help serve the growing legal needs of people who Carolyn D. Amadon cannot afford legal services. The U.K’s Shannon R. Burke American Bar Association “Pupillage” program–both the U.K and Paris Bar Leadership–were interested in Anne Ellis the Chicago Bar Foundation’s “Justice Proactive Worldwide, Inc. Entrepreneur’s Project” (JEP) and vis- Clifford Gately ited the project later that afternoon. Heyl Royster Angela Harkless • Women in the legal profession and The Harkless Law Firm global diversity initiatives. his past July, I hosted a meeting at Jasmine Villaflor Hernandez • Court programs to provide greater Cook County State’s Attorney’s OfÀce the Association with the leaders of access to justice for pro se litigants. the Bar Council of England and Michele M. Jochner T Schiller DuCanto & Fleck LLP Wales and the Paris Bar Association. The Regulatory Oversight of the U.K’s Legal Ruth J. Kaufman CBA is an active member of the Confer- Profession Stacey R. Laskin ence of World City Bar Leaders which was Alistair MacDonald explained the mission Illinois Attorney General’s OfÀce founded in 2000 and through the years, we of the U.K’s Bar Council and gave us an John Levin have participated in several international overview of the Bar Standards Board and Bonnie McGrath programs with each of these Associations. the Legal Standards Board which, pursuant Law OfÀce of Bonnie McGrath The Conference of World City Bar Leaders to action by parliament, have regulatory Clare McMahon meets every 18 months to discuss common oversight of the U.K.’s legal profession. Law OfÀce of Clare McMahon issues, concerns and specific programs Barristers now pay a fee to cover the costs Peter V. Mierzwa of interest to city bar associations. The of the new regulatory board. McDermott Law Bulletin Publishing Company World City Bar Leaders is comprised of felt that the lay people who serve on the Kathleen Dillon Narko the largest city bar associations in the world board don’t understand the legal profes- Northwestern University School of Law including: London, Paris, Tokyo, Rome, sion and are often too ambitious with Adam J. Sheppard Montreal, Madrid, Barcelona, Brussels, disciplinary matters. It’s clear that the Sheppard Law Firm, PC Beijing, Shanghai, Ho Chi Minh City, government’s new regulatory role has Rosemary Simota Thompson Seoul, Frankfurt, New York City, Chicago, created tension among the U.K.’s 15,000 U.S. Department of Justice Philadelphia and Los Angeles. practicing barristers. William A. Zolla II Alistair MacDonald, Chair of the Bar The ZOLLaw Group, Ltd. Council of England and Wales, and Gerard Pupillage Program McDermott also from the Bar Council The U.K’s “Pupillage” program is a com- THE CHICAGO BAR ASSOCIATION asked that the meeting focus on the major pulsory 12 month training program that David Beam access to justice issues facing the legal and must be completed before a new member Director of Publications judicial systems in each of our countries. I of the bar is authorized to practice. The Joe Tarin invited the Paris Bar to attend the meeting Pupillage program must be taken at a bar- Advertising Account Representative 6 SEPTEMBER 2015 th Annual JUSTICE JOHN PAUL STEVENS 16Award Luncheon The Chicago Bar Association and The Chicago Bar Foundation Cordially invite you to attend The 16th Annual Justice John Paul Stevens Award Luncheon to celebrate Illinois attorneys who have demonstrated extraordinary integrity and service to the community throughout their careers. Featured Speaker Justice John Paul Stevens, Supreme Court of the United States (ret.) Honoring Peter J. Birnbaum James R. Figliulo Edward I. Grossman Hon. Shelvin Louise Marie Hall Paula H. Holderman Mary Meg McCarthy Daniel E. Reidy William A. Von Hoene, Jr. Tuesday, October 13, 2015 The Standard Club • 320 S. Plymouth Ct., Chicago 11:30 a.m. Reception • 12:00 p.m. Luncheon $70 per person • $700 table of 10 For reservations, contact Tamra Drees, CBA Events Coordinator, at 312-554-2057 or [email protected]. independent charity that raises funds for WATCH THE INTERVIEW free legal services in London. MacDonald The Chicago is active in the work of the LLST and said FormoreinformationabouttheworkoftheBar “We see first-hand the impact the auster- Bar Association ity measures have had on access to justice www.chicagobar.org Council of England and Wales see my You Tube for ordinary people who struggle to find legal advice and support they can afford.” OFFICERS interview with Alistair MacDonald on the CBA’s MacDonald concentrates his practice in President criminal law, and estimated that some Patricia Brown Holmes YouTube Channel. 37,000 defendants are now self-repre- Schiff Hardin LLP sented because of the cuts introduced by risters chamber or through another Bar the Legal Aid Sentencing and Punishment FirstVicePresident Standards Board approved legal environ- Offenders Act. Daniel M. Kotin ment and has to be completed within five In a published message to the Bar Tomasik Kotin Kasserman, LLC years. It is akin to an apprenticeship pro- Council members, MacDonald said, “We gram and is very competitive. Recent law cannot waive a magic wand and wish aus- Second Vice President school graduates who are selected to work terity away, but why does justice remain Hon. Thomas R. Mulroy in Chambers receive a stipend of approxi- unprotected from further cuts? This fact Circuit Court of Cook County mately $7,000 pounds. Pupils are assigned will be disappointing to thousands of men Secretary to a supervisor and may not practice for and women across the country who now JesseH.Ruiz the first six months.