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. During this period have no effective access to justice. Instead Drinker Biddle & Reath LLP they attend court with their supervisor, they grapple, often in vain, with complex do research and complete assigned written legal problems the outcomes of which will Treasurer work. During the second six months pupils fundamentally change their lives. Politi- Steven M. Elrod can conduct cases in court and begin to cians are not taking justice seriously. Justice Holland & Knight LLP develop a practice. is not a benefit or a tax break, it underpins Executive Director our way of life and protects everything U.K’s Legal Aid Crisis for which we work so hard. Yet this point Terrence M. Murphy The most serious problem facing the Bar has not been articulated by party politics Assistant Executive Director Council and The Law Society of England today.” More recently, Chairman Mac- Elizabeth A. McMeen and Wale involves action by the govern- Donald issued the following statement: ment last April, which massively reduced “The two main parties have published BOARD OF funding for legal aid in the U.K. Alistair their manifestos but there is still no sign MANAGERS MacDonald told us that there is virtually of a commitment to restoring access to Karina Ayala-Bermejo no legal aid remaining for civil and family justice for the hundreds of thousands of AshlyI.Boesche justice in England. Moreover, he said that individuals and families left excluded by Thomas F. Boleky recent increases in the court filing fees will legal aid cuts.” ChasityA.Boyce create a major access to justice issue for It was no surprise that the U.K’s access Hon. Maureen E. Connors small businesses seeking to pursue simple to justice issues dominated the meeting and Daniel A. Cotter collection matters or contract grievances left little time to address all of our agenda Mary K. Curry in the courts. The new filing fees, accord- items. In the United States, we continue James R. FortCamp ing to MacDonald, are approximately, to see some disturbing trends and parallels MatthewT.Jenkins 10,000 pounds–which is prohibitive–and with the access to justice crisis in the U.K. is already driving small business owners NatachaD.McClain Public access (regardless of one’s financial away from the court system. Eileen M. O’Connor means) to an independent justice system MacDonald said that the Bar Pro Bono MatthewA.Passen is not a privilege, but a fundamental right Unit (BPBU) involves 3,600 volunteer for all citizens in a democratic society. We Meredith E. Ritchie members with approximately one-third must be vigilant in protecting this right David J. Scriven-Young being barristers. The BPBU is funded while continuing to improve public access Hon.AmyJ.St.Eve almost entirely by the profession, and pro- to our judicial system. John T. Theis vided services to more than 1,000 people Nigel F. Telman in 2014. Also assisting is the London FrankG.Tuzzolino Legal Support Trust (LLST), which is an Allison L. Wood

8 SEPTEMBER 2015 Does your checking account pay you?Alliant’swill!

TheChicagoBarAssociationmembersareeligibletojoinAlliantCreditUnion.1 Compare your checking to Alliant’s and see how you can save!

YourBank Alliant

Dividendspaidover10xthebanknationalaverage2 

Nomonthlyfees3  Earn more and

NOFEE save more with 4 80,000+surcharge-freeATMsnationwide  FREE High Rate Checking3 from ATMfeerebatesupto$20permonth4 NEW  Alliant and get a $50 bonus!5 24 7 24/7accesstoamemberservicerepresentative 

Open an account alliantcreditunion.com TODAY! 800-328-1935 (24/7)

1. Visit www.alliantcreditunion.com for details regarding Alliant membership eligibility. 2. Comparison based on Alliant’s August 2015 High Rate Checking dividend rate of 0.65% APY vs. the bank national average checking rate of 0.06% APY as of 08/03/2015 sourced from National Association of Federal Credit Unions in cooperation with SNL Financial and Datatrac Corp. 3. Alliant High Rate Checking Dividends are paid on the last day of each month to checking accountholders who have opted out of receiving paper statements (receive eStatements only) and have a recurring monthly electronic deposit to their Alliant checking account each month (e.g., a direct deposit, payroll deposit, ATM deposit, mobile check deposit or transfer from another financial institution). Otherwise, Alliant checking accounts do not earn a dividend. Alliant checking is free; however, if incurred, fees such as a stop payment or NSF fee will apply. Please refer to the Alliant Fee Schedule at www.alliantcreditunion.com for a list of these types of fees. Account is subject to approval. We may not open checking for you if you do not meet Alliant criteria. 4. Surcharge-free ATMs include Alliant-owned ATMs and ATMs that are part of the Alliance One, Allpoint, Bank of the West, CO-OP Network, Credit Union 24 CU Here and Publix Presto networks when you use your Alliant Convenience card, Alliant Visa HSA debit card or Alliant checking account Visa debit card. Alliant will rebate fees incurred at other nonsurcharge-free ATMs up to $20 per month per membership account when you use your Alliant checking account Visa debit card to make a deposit, withdrawal, transfer or balance inquiry. The rebate does not apply to cash advances from Alliant Visa credit cards through ATMs nor to the Alliant Convenience card, Alliant Visa HSA debit card and Visa International Service Assessment (ISA) fees. 5. To qualify for the $50 bonus deposit offer, new member must open an Alliant checking account and meet the requirements of Alliant High Rate Checking within 90 days of his/her membership enrollment date and remain in good standing. Members who do not open checking or do not meet the high rate checking requirements during the timeframe do not qualify to receive the deposit. The $50 bonus deposit offer is not transferable, is only valid for new Alliant members and cannot be used in conjunction with any other checking offer. One $50 bonus deposit per member. Once we verify qualifications, we will deposit the $50 bonus deposit directly into the member’s primary Alliant savings account. Please allow up to 60 days for deposit to be made. Check the status of the bonus deposit on Alliant Online Banking. The $50 bonus deposit is considered as taxable income and will be paid as a special dividend and reported on IRS Form 1099-INT. This account must remain open for at least six months or the bonus amount will be subtracted from your checking or savings account upon closing. When applying for your checking account, use promo code CNM. The August 2015 High Rate Checking dividend provides an Annual Percentage Yield (APY) of 0.65% APY. The APY is accurate as of the 07/14/2015 dividend declaration date. Checking dividend may change after account is opened and is subject to change monthly. There is no minimum balance requirement to open an Alliant checking account, to earn a dividend or to earn the bonus.

©2015 Alliant Credit Union. All rights reserved. SEG844-R08/15 CBANEWS

Eight Leaders to be Honored with Stevens Awards By Linda Heacox Public Affairs Director

etired U.S. Supreme Court Jus- tice John Paul Stevens will join Rthe Chicago Bar Association as it honors eight outstanding attorneys at the 16th annual John Paul Stevens Award Luncheon, Tuesday, October 13, at The Standard Club, 320 S. Plymouth Court. This year’s honorees include Peter J. Birnbaum Figliulo Grossman Hall Birnbaum, President and CEO of Attor- neys’ Title Guaranty Fund, Inc.; James R. Figliulo, founding partner, Figliulo & Silvermen P.C.; Edward I. Grossman, co-founder and Executive Director of the Chicago Legal Clinic, Inc.; Illinois Appel- late Court Justice Shelvin Louise Marie Hall; Paula H. Holderman, Chief Attorney Development Officer, Winston & Strawn; Mary Meg McCarthy, Executive Director of Heartland Alliance’s National Immigrant Holderman McCarthy Reidy Von Hoene Justice Center; Daniel E. Reidy, partner, judges who have demonstrated outstanding ing diversity in the profession. He received Jones Day; and William A. Von Hoene, Jr., character and commitment to community the Abraham Lincoln Marovitz Lend A Senior Executive Vice President and Chief throughout their careers. Hand Foundation “Making a Difference” Strategy Officer, Exelon Corporation. award He is currently president of the CBA President Patricia Brown The Recipients Jesse White Foundation and is leading the Holmes said, “These honorees share Serving as President and Chief Executive effort to build the Jesse White Community with Justice Stevens standards of the Officer of Attorneys’ Title Guaranty Fund, Center. highest personal integrity and devotion Inc. (ATG) since 1991, Peter Birnbaum Birnbaum is a frequent author and to public service. We are thrilled that he has led his company through its develop- interviewee in dozens of regional and will join us as we honor them with this ment into a leading lawyer service organi- national newspapers and trade publica- award given in his honor.” zation with annual revenues in excess of tions, including: TheWashington Post, Chi- Named for Chicago native Stevens, $100 million. cago Tribune, Chicago Sun-Times, Illinois who retired from the High Court in 2010, In 2014, he received the Illinois Bar Bar Journal, Crain’s Chicago Business, Chi- The Stevens Award recognizes lawyers and Foundation Distinguished Award for cago Daily Law Bulletin, and many other Excellence. In 2011, Birnbaum was also real estate and legal trade publications. He Tickets to the Stevens Award inducted as a Laureate in the Academy is a frequent expert interviewed as an expert luncheon are $70 per person. of Illinois Lawyers, the highest honor on news broadcasts. He has testified in the RSVP to [email protected] or bestowed by the Illinois State Bar Associa- U.S. Congress, the Illinois Senate, and the 312/554-2057. tion. In 2013, he received the Chicago Bar Illinois Supreme Court Rules Committee. Association Vanguard Award for promot- He speaks to audiences from legal or real

10 SEPTEMBER 2015 estate trade associations across the country. Fund, Inc., she entered private practice in the ABA House of Delegates where she has In January 2004, Birnbaum was Houston. She spent six years in the firm served since 2010. appointed a judge to the seven-member she founded with four others, which was Mary Meg McCarthy has served as Illinois Court of Claims. The Court hears the first all-black, all-female law firm in the Executive Director of the Heartland Alli- cases en banc and rules on claims against country. In 1980, she went to Washington, ance’s National Immigrant Justice Center the State. He was appointed Chief Justice D.C. as Legislative Director to U.S. Con- (NIJC) since 1997, where she leads a in 2015 by Governor Bruce Rauner. gressman Mickey Leland (D-TX). In 1982, legal services program providing counsel A founding partner at Figliulo & Sil- she returned to her hometown of Chicago and representation to 10,000 low income verman P.C., Jim Figliulo is a trial lawyer to serve as General Counsel to the Illinois immigrants, refugees, and asylum seekers who practices in business-related litigation. Department of Human Rights, where she each year. Prior to joining the NIJC, she He was recently honored by the Chicago directed a staff of 12 attorneys and six was an attorney at Horvath and Lieber, P.C. Daily Law Bulletin as one of the “Ten administrative personnel. where she was a civil litigator, representing Attorneys Who Raised the Bar” in Illinois Hall was appointed to the Circuit individuals and corporations in Federal and for making extensive contributions to the Court of Cook County in 1991 and was state court in Title VII lawsuits, profes- legal profession in the last decade. He has assigned to the Domestic Relations Divi- sional liability lawsuits, breach of contract, also been featured in Leading Lawyers’ 2009 sion. In 1992, she was elected to a six-year and general litigation. In 1989, she served a “Business Litigation” edition. term. In 1995, she joined the Law Divi- law clerk externship to the Illinois Human Figliulo served as president of the 7th sion, presiding over civil jury trials. She Rights Commission serving Judge Rebecca Circuit Bar Association in 2005-06. He also was retained for a second six-year term in Pallmeyer. served as co-chair of the 7th Circuit Ameri- November of 1998. The Illinois Supreme McCarthy is an active member of the can Jury Project with Chief Judge James F. Court then assigned her to a two-year American Bar Association, where she chairs Holderman of the U.S. District Court for the term as a Justice of the Illinois Appellate the Commission on Immigration. She is Northern District of Illinois. He has chaired Court. She was elected to a full 10-year also a member of the Working Committee and served as a member of Federal Magistrate term on the Court in November 2000 in on Migrant Children and Youth, Midwest Judge Merit Selection and Review Panels for a contested race, and was retained for a Coalition for Human Rights, Steering the U.S. District Court for the Northern second 10-year term in November of 2010. Committee Member, Migrant Children’s District of Illinois for 10 years. She has served as Presiding Justice of both Defense Collaborative, Founding Member, A co-founder of the Chicago Legal the First Division and Fourth Division of The Chicago Network. Clinic, Inc. in 1981, Edward Grossman the First District Appellate Court, on the Daniel Reidy is a partner at Jones Day has been serving as its Executive Director Mediation Committee and as Chair of the practicing in corporate criminal investiga- since 1985. In this capacity, he has pro- Court’s Executive Committee. tions, business and tort litigation, securities vided legal services in Southeast Chicago, As Winston & Strawn’s Chief Attorney litigation and SEC enforcement, health Pilsen, Austin and the downtown areas, Development Officer, Paula Holderman care, antitrust and competition law. serving over 375,000 people. has global responsibility for the firm’s Reidy represents companies and indi- The St. Louis native is active in several professional development and all facets of viduals involved in criminal and other bar associations including the Federal Bar attorney education, careers and training. enforcement investigations. Dan also Association, the Chicago Bar, the Illinois She has been a trial lawyer, educator and represents companies in complex civil Trial Lawyers and the Federal Trial Bar. He leader throughout her 36 year legal career. litigation of all kinds, including patent, is an arbitrator of the Circuit Court of Cook Holderman was the 2013-14 President product liability, securities, False Claims County, and a special commissioner for the of the 32,000 member Illinois State Bar Act, antitrust, post-acquisition, labor and Federal Courts–Northern District of Illinois. Association. She is only the fourth woman employment, and commercial disputes. Grossman is a charter member of the Ad to be elected president of the organization He served as Law Clerk to Judge Walter Hoc Committee on Agency/Court Related in its 140 year history. She served on the J. Cummings, United States Court of Senior Citizens Issues and co-authored the ISBA Board of Governors and its Assem- Appeals, Seventh Circuit in the 1974 term Illinois Senior Citizens Bill of Rights, the bly for more than 25 years. She served as and as First Assistant U.S. Attorney (1985- first bill of its kind in the United States, president of the bi-partisan lobbying orga- 1987) and Assistant U.S. Attorney, before which was adopted by Illinois Legislature nization, LAWPAC and on the Illinois Bar joining Jones. As a prosecutor and ulti- in1993. Foundation Board of Directors for 16 years. mately as first assistant in the Chicago U.S. Justice Shelvin Louise Marie Hall She currently serves on the Chicago Bar Attorney’s Office, he focused on matters was the first African-American female Foundation Board; the ISBA Mutual Insur- involving allegations of complex financial Chair of the Executive Committee of the ance Company Board; the John Marshall crimes. He was the lead prosecutor in the First District, Illinois Appellate Court. Law School Board of Trustees, and the “Greylord” judicial corruption project and After training in Civil Rights Law by the Illinois Supreme Court MCLE Board. She NAACP Legal Defense and Educational is also the elected Illinois State Delegate to continued on page 13

CBA RECORD 11 CBF PRO BONO AND PUBLIC SERVICE AWARDS The Revolution in Your Backyard By Kathleen Dillon Narko Editorial Board Member

ong lyrics from musician Steve Earle Candace Moore, recipient of The UPDATE YOUR MEMBER “the Revolution starts now, in your Kimball R. Anderson and Karen Gatsis own backyard, in your own home- Anderson Public Interest Law Fellowship, PROFILE S th town” set the theme for the 17 Annual Pro also credits her personal experience for her Bono and Public Service Awards Luncheon devotion to the public interest. Her mother July 14, hosted by the Chicago Bar Asso- always told her to pursue her education, If you recently moved to a new firm, got a new ciation and the Chicago Bar Foundation. despite any obstacles she might encounter. email address or added a new practice area, As CBF Executive Director, Bob Glaves, She continues her work on educational stated, “this revolution involves how we access today with the Chicago Lawyers’ please take a moment to update your member all think about and prioritize the cause Committee for Civil Rights Under Law. of ensuring the justice system is fair and The awards also recognized lawyers profileatwww.chicagobar.org.Andwhileyou’re accessible to everyone regardless of their in the private sector who have donated at it, add yourself to the CBA’s online member income or circumstances.” significant hours to pro bono legal work. The seven individuals who received ArcelorMittal USA in-house attorney, directory, a great new way to connect with awards exemplified the theme of this year’s Claire Battle, received The Exelon Out- luncheon. They have all made a difference standing Corporate Counsel Award for fellow members, market your law practice, find in providing legal services to the most her dedication to helping indigent ten- in need. Their stories are inspiring and ants through the Lawyers’ Committee for law school classmates and more. compelling. Better Housing. The Edward J. Lewis II Shawna Prewitt drew from her personal Pro Bono Service Award went to Jenner Cook County. While noting that much has experience to advocate for women who & Block partner, Gabriel A. Fuentes, who improved over the last 30 years, she urged decide to raise a child conceived through has dedicated thousands of hours to First the audience to “keep up the fight” against rape. She has helped to pass both state and Amendment and other pro bono work. domestic violence. federal legislation protecting the custody Professor Mary Bird, Director of Public Finally, Philip J. Mohr received The rights of these women. In emphasizing how Service programs at Loyola University Thomas H. Morsch Public Service Award. honored she is to represent these clients, School of Law, received The Leonard Jay As Deputy Director of Chicago Volunteer Prewitt stated, “I have never forgotten Schrager Award of Excellence for attorneys Legal Services, Mohr has helped thousands what it’s like to sit in the client seat [in the in academia who have made a significant of pro bono attorneys help others, often court room].” She remembers “the fear, the contribution to increasing the access to instilling a lifelong commitment to pro powerlessness” of sitting in the court room justice. Professor Bird thanked her students bono work. Mohr stated, “I like to mentor, and placing her trust in her attorney. She stating, “History has been changed in posi- teach, and assist.” described how these women’s lives were tive ways by young people.” Glaves closed the meeting by reminding divided into “before” and “after” their For more than 30 years, Leslie Landis all to work “to ensure the [legal] system is attacks. In moving remarks that drew the has served victims of domestic violence. fair and accessible to everyone.” “Lest any crowd to its feet, she stated, “Maybe the She received The Richard J. Phelan Public of us doubt that we can make a difference person I have become ‘after’ is valuable, too. Service Award for her long career in the individually, we’ve got seven great examples Nothing could mean more to me.” Prewitt, public sector, increasing access to justice for here again today who emphatically show an associate at Skadden, Arps, Slate, Mea- all Chicagoans. She currently is the Chief us that is not true--no matter where you gher & Flom, received the Maurice Weigle Court Administrator in the Domestic are in the legal community you have the Exceptional Young Lawyer Award. Violence Division of the Circuit Court of power to make a huge impact.”

12 SEPTEMBER 2015 Stevens Award Recipients continued from page 11 personally prosecuted a number of judges, lawyers, and court personnel. As Senior Executive Vice President and Chief Strategy Officer of Exelon Corporation, William A. Von Hoene, Jr. oversees corporate development, corporate strategy, legal, regulatory, government affairs, investments and communications for Exelon, the nation’s number one com- petitive energy provider. He previously served as executive vice president, Finance and Legal, of Exelon. Before joining the company in 2002, he was a senior partner at Jenner & Block, specializing in complex civil and white-collar criminal litigation. While at Jenner, he served on the manage- ment committee and, at various times, as hiring partner and chairperson of the firm’s pro bono and diversity committees. He is past president of the Chicago Lawyers Committee for Civil Rights Under Law, Inc., and past general counsel to the Leadership Council for Metropolitan Open Communities. He currently serves on the boards of directors of the Legal Assistance Foundation of Chicago, North- western Memorial Hospital (for which he serves as the Chairman of the Professional Standards Committee), the Chicago Sym- phony Orchestra, the Civic Consulting Alliance and the Diversity Scholarship Foundation. He previously has served on the boards of directors of the Chicago Legal Clinic, the Chicago Bar Foundation and the Joffrey Ballet. He also serves on the Visiting Committee of the University Of Chicago Law School, and is a member of the Economic Club of Chicago and the Executives’ Club of Chicago. In 2010, he was appointed to the Department of Commerce National Advisory Council on Minority Business Enterprise. The council served to provide advice and recommenda- tions to the Secretary of Commerce and the President on a broad range of policy issues affecting the minority business community. In 2011, he was appointed to Mayor Rahm Emanuel’s Supplier Diversity Task Force, a procurement initiative designed to help strengthen small and minority and women- owned businesses in Chicago.

CBA RECORD 13 CLE & MEMBER NEWS The CBA is your New Chair/Vice-Chair Directory local spot for MCLE t’s that time of year again…All CBA Remember!You can receive free Illinois and YLS committees began meeting MCLE credit by attending committee Iin September. Enclosed in this issue meetings. Most practice area committee Register for a Seminar Today of the CBA Record is a booklet listing meetings qualify for one hour of credit. 312/554-2056 our new committee chairs and vice- Attend in-person or view select commit- www.chicagobar.org chairs, along with standard meeting tee presentations via live webcast at www. dates and contact information. Weekly chicagobar.org. Note: Archived commit- committee speakers, topics and MCLE tee meetings do not qualify for credit. CBA Offers Reduced Dues credit is sent to all members via the To join a committee, call 312/554- weekly CBA eBulletin which is emailed 2134 or sign-up at www.chicagobar.org/ Option every Thursday. This information can committees. New members are always Members who are currently unem- also be found at www.chicagobar.org/ welcome. You and your firm will benefit ployed or experiencing financial committees. Members may attend any from the knowledge, experience and hardship may apply for reduced dues meeting that interests them (i.e., you do business contacts you will gain. of $50 (applies to current annual not have to be on the committee roster billing period; cannot be combined to attend the meeting). with CLE Advantage membership). Request forms and further details can be found at www.chicagobar. Is This Your Last Issue? org under the Membership Tab or call 312/554-2131. t could be if your membership dues area email updates: networking and busi- have not yet been paid or you have ness development opportunities; FREE Wanted: Your Email Ioutstanding charges more than 90 solo/small firm resource portal; career Address days. In accordance with the Association’s resources; member discounts and more. We need your email address! By pro- By-Laws, cancellation notices were sent Plus, your membership helps strengthen viding us your email address, you will: to all members who failed to submit pay- the CBA’s efforts to improve the admin- • Receive the CBA eBulletin every ments by August 31, 2015. If you received istration of justice in Illinois and provide Thursday containing a list of a cancellation notice, we want you back! legal services to the disadvantaged. the following week’s committee Please take a moment to renew now. Renew your membership now to acti- meetings and speakers noting Here’s just a sample of what you will vate your savings and benefits. Renew by MCLE credit, upcoming seminars, miss if you do not renew: FREE CLE semi- mail, online at www.chicagobar.org or by networking events and important nars–enough to fulfill your MCLE require- phone 312/554-2020. Reduced dues are news about the Association. ments, live and webcast options; free available for unemployed members and • Receive timely notices of your Illinois MCLE credit through noon hour those with financial hardships. For more committee meetings, topics & committee meetings-attend in-person or information regarding dues and other speakers. via live webcast; FREE online MCLE credit Association charges, call 312/554-2020. • Cut down on the amount of mail tracker: unlimited CLE of your choice only To the many members who have and faxes the CBA sends, which $150 now through May 2016: NEW law already renewed: Thank You! We look lowers expenses and saves trees! practice management and technology forward to serving you in the coming To notify us of your email address, software training, web resources and bar year. call 312/554-2137 or send an email low cost office consulting; FREE practice to [email protected] including your name, phone, email address and CBA member number. Please note that the CBA does not provide or sell member email addresses to outside entities.

14 SEPTEMBER 2015 The Chicago Bar Association MEMBERSHIP EXCLUSIVES Savings and more!

www.chicagobar.org/save

THE CHICAGO BAR Alliant Credit Union - Below Market Loans, Free Checking 800•328•1935 x8616 • www.alliantpromos.org/cba ASSOCIATION Continuing Legal Education Avis Car Rentals (AWD #A851600) 800•698•5685 • www.avis.com/chicagobar

Budget Car Rentals (BCD #T720200) How to Form an Illinois Business Entity Part 1 October 1 • 2:00-5:00 p.m. 800•455•2848 • www.budget.com/chicagobar

Intellectual Property Law Basics for Non-IP Attorneys Business Online Payroll - Full Service Online Payroll October 6 • 3:00-6:00 p.m. http://demand.businessonlinepayroll.com/chba

Encryption for Lawyers Carr Workplaces - Full, Part-Time & Virtual Office Space October 7 • 12:00-1:30 p.m. 312•577•7600 • www.carrworkplaces.com/chicagobar Running for Public Office: How to Get on the Ballot & Win (Password=Chicago Bar) October 7 • 3:00-6:00 p.m. Club Quarters Hotels 203•905•2100 • www.clubquarters.com How to Form an Illinois Business Entity Part 2 October 8 • 2:00-5:00 p.m. CVS/Caremark Rx Savings Plus 877•673•3688 • http://chicagobar.rxsavingsplus.com How To... Manage IT and Cloud Services October 13 • 1:45-2:45 p.m. (complimentary) EsqSites - Law Firm Websites & Hosting (Offer Code: CBA) 877 SITES 123 • www.esqsites123.com Hands-on Training: Easy Excel October 14 • 2:00-5:00 p.m. LawPay/Credit Card Processing Post-Judgement Issues in Illinois Law 866•376•0950 • www.lawpay.com/cba October 15 • 3:00-6:00 p.m. LexisNexis (Offer Code M-Chicago Bar Assn) The Business of Law: Solo/Small Firm Conference 312•385•9706 • www.lexisnexis.com/bars October 16 & 17 Magazine Subscriptions - Lowest Prices Guaranteed Mastering Section 2-615 Motions to Dismiss October 20 • 12:00-1:30 p.m. 800•603•5602 • www.buymags.com/chbar

How To... Create a LinkedIn Firm Page Membership Visa Credit Card October 21 • 1:45-2:45 p.m (complimentary) 888•295•5540 • www.chicagobar.org

The Judicial Perspective on Motion Practice National Purchasing Partners - Wireless, Travel & More October 21 • 3:00-6:00 p.m. 1.800.810.3909 • mynpp.com Evidence & Objections October 22 • 3:00-5:00 p.m. RPost Registered Email Service - Free trial 866•468•3315 • www.rpost.com/chicagobar Practice Basics: Wait! Is that a Class Action Case? October 23 • 12:00-1:00 p.m. (complimentary) United Parcel Service - Save up to 26% 800•325•7000 • www.savewithups.com/cba To register, call 312-554-2056 or visit www.chicagobar.org. Programs are held at the CBA Building, 321 S. Plymouth Ct., Chicago, unless otherwise indicated above.

Seminars are also Webcast live (as well as archived) at www.chicagobar.org and West LegalEdcenter. Visit www.chicagobar.org for more information. The CBA is an accredited continuing legal education provider in Illinois. www.chicagobar.org/save Chicago Bar Foundation Report

AFundamentalResponsibilityofOurGovernmentandOurLegalCommunity’s Responsibility to Hold Them to It Justice for All By Angela Inzano Yet today in Illinois and throughout Your support of the CBF also gives CBF Program Manager the United States, we are falling far you a vehicle to come together with your short of fulfilling our nation’s promise colleagues in the CBA and larger legal Liberty and justice for all is one of of ‘justice for all. community to speak with one powerful, America’s most cherished principles, collective voice on these issues with the and a fundamental part of the very Our Common Cause federal, state, and local government. The fabric of our nation. Our founding Illinois Senator Dick Durbin, a long time CBF staff and volunteers work closely with fathers fought a revolution for it. Thou- champion for equal access to justice, made the CBA’s legislative counsel and staff as sands of brave men and women since these remarks as part of a Senate floor debate well as the ISBA, ABA, and other local and then–from Abraham Lincoln to Susan in 2006. They are still true today. national partner organizations to provide a B. Anthony to Martin Luther King The CBF’s mission recognizes that as consistent voice on these issues. and all who fought with them–risked trustees of the justice system, lawyers have a Key issues the CBF regularly prioritizes their lives to ensure that the principle responsibility to take a lead role in ensuring at all levels of government are funding for of justice for all truly applied to all that system is fair, accessible, and efficient legal aid and the courts, and loan forgive- Americans. for everyone, not just people who can ness and repayment assistance for lawyers afford to hire an attorney. As the CBF’s new Justice for all knows no political and advocates in public service. The CBF Justice Pledge (see page 17) underscores, exclusivity. It is not a Democratic or also advocates on a range of other issues fulfilling that responsibility requires us to Republican value, but an American that significantly impact access to justice, use a mix of our time, money, and influ- value. At the opening of each and and these collective efforts have made a real ence for the fundamental principle of equal every session of this Senate, we stand impact over the years. justice under the law to become a reality together and pledge our allegiance to Two recent examples of where your for everyone in our community. this founding principle. Millions of advocacy, individually and through the One way that all of us as CBA members schoolchildren pledge their allegiance CBF,made an impact on the state level this can use our influence in this regard isby every day to this fundamental tenet of past year were the passage of key amend- contacting your elected officials on access our country. ments to the Access to Justice Act and a to justice issues. The CBF is your central new law requiring civics education for high resource for information on key policy school students. For more information on how you can get issues impacting access to justice and how involved in legislative advocacy on behalf of you can help. (Check out the text box at the Access to Justice Act accesstojustice,andtosignupforCBFadvocacy left for how you can sign up for advocacy Originally passed in 2013 with broad updates and alerts, visit www.chicagobar- updates and alerts). Legislators don’t hear bipartisan support, the Access to Justice foundation.org/get-involved/influence or much from their constituents on access to Act created a pilot program to develop and contact Angela Inzano, CBF Program Manager, justice issues, and you make a real differ- support a much-needed hotline and net- ence when you let them know these issues work of legal assistance to help thousands at [email protected] or 312/554-4952. are important to you and your community. of veterans and military families in need

16 SEPTEMBER 2015 Ipledgeallegiance That is not who we are to the Flag of the as Americans, yet that’s the United States of America… reality for most people in our community today. And it …with liberty and is up to us as lawyers and legal professionals to take justice for all the lead in doing something people who about it. can afford it

Become part of the solution. Take the Justice Pledge today at chicagobarfoundation.org/pledge. Representatives from the CBF, CBA, ABA and ISBA meet with Sen. Durbin and Sen. Mark Kirk to advocate on access to justice issues at the annual ABA Day in Washington.

throughout the state. Due to a technical legal help for thousands of people in need, The Illinois Civic Mission Coalition played problem identified after the original ver- the new program will make the justice the lead role in this legislative effort, and sion of the Access to Justice Act had been system in Illinois more fair, accessible and the CBF was one of dozens of organiza- signed into law, the implementation of this efficient for all Illinoisans. tions to support the bill. The bill passed pilot program was on hold. the House and Senate with overwhelming One of the CBA and CBF’s main advo- Civics Education Bill bipartisan support and was signed into cacy priorities this year was to help pass a In 2014, the Illinois Task Force on Civic law by Governor Rauner last month. legislative fix for this technical problem Education, established by the legislature Beginning in the Fall of 2016, a semester so the pilot program could proceed. With to study the status of civic education in of hands-on civics education will be part the leadership of Representatives Emily our state and make recommendations on of the required core curriculum for high McAsey and Al Riley and Senator Kwame how to improve it, found a strong need school graduation in Illinois. Raoul, the bill to provide that technical fix, to strengthen civic education in Illinois. These bills are just two examples of the HB 3933, passed the House and Senate by At that time, Illinois was one of just 10 impact you can make both individually unanimous votes and was signed into law states in the country that did not require and through the CBF in the policy advo- by Governor Rauner in August. The pilot a civics or government course to graduate cacy process. It is easy to get involved and program will be designed, evaluated and from high school. our leadership as a legal community in overseen by a special statutorily created HB 4025 grew out of these efforts, and advocating on these issues has never been council that will operate under the auspices strengthens civics education in Illinois and more important. of the Illinois Equal Justice Foundation promotes greater civic learning through a (IEJF). The five-year program will be required civics course for all Illinois high funded by a temporary $2 add-on to civil school students. The CBF made support- filing fees that will sunset at the conclusion ing this bill one of our advocacy priorities of the pilot program in 2020. this year because it will promote greater This innovative new program already understanding of the role and functioning has been touted as a potential national of the justice system in our democracy, model for providing critical legal services to an important component of the CBF’s the men and women who have served our broader efforts to make the legal system country. By providing this much-needed more fair and accessible for people in need.

18 SEPTEMBER 2015 Don’t Starting out? Moonlighting? Part-time? Mediation only? Malpractice insurance is NOT Go an unnecessary expense. You’re still at risk Your referral partners are at risk Your relationships are at risk Bare Protect your clients. Get covered with ISBA Mutual…it’s easier than you think.

800 473-4722 isbamutual.com and Reaching the Latent Legal Market. A networking reception will follow Friday’s programming and is included in the $295 MURPHY’S LAW conference registration fee. Attendees will receive up to 9.25 hours of Illinois MCLE BY TERRENCE M. MURPHY, CBA EXECUTIVE DIRECTOR Credit and will have access to additional hours of MCLE credit by reviewing archived webcasts. More than 22 speakers will participate in the Conference which promises to be among the best solo/small firm conferences in the Midwest. For more information or to register, visit www.chicagobar.org/cle.

Alliance For Women Association Luncheon The CBA’s Alliance For Women is co- sponsoring an Association Luncheon on Monday, October 19, featuring Melanne Verveer and Kim K. Azarelli, Co-Found- ers of Seneca Women. The luncheon is co-sponsored with the Women’s Bar Association of Illinois, The Black Women Lawyers Association and the Kellogg Executive Women’s Network, and will be held in the Grand Ballroom at the Standard Club. Verveer and Azarelli will discuss their new book, Fast Forward: How Women Can Alistair MacDonald, Chair of the Bar Council of England andWales and CBA President Achieve Power and Purpose. A reception for Patricia Brown Holmes met in July to discuss access to justice issues facing the legal these two extraordinary women will begin systems in each of our countries, and prepared a video providing an overview. at 11:30 a.m., followed by the luncheon in Subscribe to the CBA’s YouTube channel for free to learn more. the Grand Ballroom at noon. Tickets for the luncheon are $65 per person or $650 he Justice John Paul Stevens Award Hoene, Jr., Sr. Executive Vice President for a table of ten. For more information luncheon will be held on Tuesday, and Chief Strategy Officer, Exelon Corpo- or for reservations contact Events Coor- TOctober 13 in the Grand Ballroom ration. For more information or to make dinator Tamra Drees at 312/554-2057 or at the Standard Club. We are greatly reservations contact Events Coordinator, [email protected], honored that Justice Stevens will be the Tamra Drees at 312/554-2057 or tdrees@ keynote speaker at this year’s Awards chicagobar.org. 92nd Annual Bar Show luncheon. A reception for Justice Stevens The 92nd Annual Bar Show, titled A and the 2015 honorees will begin at 11:30 The Business of Law: Starting Up, Christmas Quarrel: A Tale of Two Parties a.m. second floor Living Room followed Staying Strong will open at DePaul’s Merle Reskin Theater by the luncheon at noon in the Grand The Association’s Conference for Solo on Wednesday, December 2 and will close Ballroom The 2015 Justice Stevens hon- and Small Firm Practitioners, The Business with a matinee performance on Sunday, orees are: Peter J. Birnbaum, President of Law: Starting Up, Staying Strong will December 6. The bar show is a holiday and CEO of Attorneys Title Guaranty be held at the CBA Building on Friday, tradition and a great way to entertain your Fund, Inc.; James R. Figliulo, Figliulo October 16, from 8:30 a.m.–6:30 p.m. family, friends, and clients. Lawyers and & Silverman; Illinois Appellate Court and Saturday morning, October 17. The judges–aspiring actors–shamelessly parody Justice Shelvin Louise Marie Hall; Paula Conference features an outstanding group in song and dance global, national, and Hudson Holderman, Winston & Strawn; of speakers on a wide variety of topics local personalities in the news. The cleverly Edward I. Grossman, Executive Director that include practice updates, technology, written lyrics, harmoniously performed in of the Chicago Legal Clinic; Mary Meg and fundamentals for startups. Members a variety of skits by very talented members McCarthy, Director, National Immigrant can choose from 18 breakout sessions of the bar, lampoon international, national, Justice Center Heartland Alliance; Daniel and several plenary sessions that include and local personalities, many of whom are E. Reidy, Jones Day;, and William A. Von 30 Tips in 30 minutes, Alternative Fees, politicos. This year provides a ripe harvest

20 SEPTEMBER 2015 of characters and the writers of the bar Congratulations show have a plethora of material. The bar Congratulations to U.S. District Court MARKET YOUR LEGAL PRACTICE show has been known to bring on a smirk Judge Matthew Kennelly, the 2015-16 from even the most staid of personalilties. President of the Federal Bar Association… WITH SOCIAL MEDIA This year’s show is guaranteed to gener- Justice Mark Kay Rochford of Illinois ate smiles, chuckles and even uproarious Appellate Court has been appointed Chair Check out the CBA’s social media resources and laughter which is a wonderful tonic for the of the Illinois Supreme Court’s Commis- soul. So get ready for a hearty holiday belly sion on Access to Justice…Cook County see how you can stay in touch with colleagues, laugh and order your tickets now for this Circuit Judge LeRoy K. Martin, Jr. is currentclientsandreachnewclientsonline.Find one of a kind and truly unique Chicago the new Presiding Judge of the Crimi- Bar show. nal Division…Chung-Han Lee is the valuable social media tips at www.chicagobar. Tickets for the main floor are still only $50 2015-16 president of the Asian American (group discounts for orders of 20 tickets or Bar Association…Christina M. Tchen, org under the Resources tab. more) with mezzanine seats available at $30 Assistant to President Obama and Chief per ticket. For more information or to make of Staff to First Lady Michelle Obama, was Judge Carrie E. Hamilton participated early reservations, contact Awida Reyes at the keynote speaker at the Asian American in the ABA’s panel discussion entitled: 312/554-2134 or [email protected]. Bar Association’s 28th Annual Installation “Beginning with the End in Mind–Clas- dinner…Judge Dominique C. Ross is the sic Chicago Closings”…Illinois Appellate Barristers Big Band Concert 2015-16 Chairperson of the Illinois Judi- Court Justice Laura Liu and Judge Grace Members are invited to relax and enjoy a cial Council…Lisa Emerson, McDonald’s Dickler received the President’s Award free concert sponsored by the Barristers Corporation V.P. for Global Compensa- from the Advocate Society of Lawyers. Big Band on Friday, October 16 at 6:00 tion, received the Justinian Society of Matt Piers was named a legal legend p.m. in the Pritzker Auditorium at the Lawyers’ Helen M. Cerrise Outstanding by the American Constitution Society… Harold Washington Library. The concert Leadership Award and Loyola University Lindsay E. Morgan of DLA Piper received is a tribute to centenariarns Billy Holiday, Chancellor Reverend Michael J. Garan- the Lawyers Lend-A-Hand to Youth Billy Strayhorn, and Frank Sinatra. The zini, S.J. received the Justinian Society’s Making a Difference Award…Illinois Association’s Big Band is led by Clarinet- Award of Excellence. Appellate Court Justice Maureen Connors est extraordinaire John Vishneski, who Daniel A. Trevino, a partner at Hin- received Lend-A-Hand’s Judge Abraham is a partner at Reed Smith. More than shaw & Culbertson, LLP, is the 2015-16 Lincoln Marovitz Mentoring Award, and 35 members, who also happen to be very president of the Hispanic Lawyers Associa- McDermott Will & Emery and Mayer accomplished musicians, makeup the Big tion of Illinois…Judge Timothy C. Evans, Brown received Lend-A-Hand’s Law Band. Admission is free, but it’s wise to Chief Judge of the Circuit Court of Cook Firm/Corporate Sponsorship Award… arrive early as seating is limited. County, received the Liberty Award from Retired Judge Gloria Coco received the the ABA’s Tort Trial and Insurance Prac- Medal of Merit Award from the Sicilian CLE in Switzerland tice Section…Daniel Kotin was elected American Cultural Association…Devlin This year’s Continuing Legal Education will to membership in the American Board Joseph Schoop was appointed an at-large be held in conjunction with the Institute for of Trial Advocates…Judge Sophia Hall Circuit Court Judge…David Sosin is Inclusion in the Legal Profession and will and Michael A. Pope will receive the the Illinois State Bar Association’s new be held in Lausanne, Switzerland on Tues- National Judicial College’s Advancement Treasurer...Evan D. Blewett has become day, March 29 and Wednesday, March 30, of Justice Award…Jesse H. Ruiz, a part- an associate at Chuhak & Tecson, P.C.... 2016. The Chairman of the Institute, Mark ner at Drinker Biddle & Reath and CBA William J. Nissen, a partner at Sidley Firestone, who is Executive Vice-President Secretary, participated in the City Club & Austin, LLP, was elected Second Vice and General Counsel of Philip Morris Inter- of Chicago’s program “Chicago Public President of the Union League Club of national, will co-host the conference with Schools: Is Bankruptcy Inevitable”… Chicago...Carmen D. Caruso spoke CBA President Patricia Brown Holmes. Patricia S. Spratt was appointed a Cook at the American Association of Jus- The conference will feature an outstanding County Circuit Court Judge…U.S. Magis- tice’s Montreal meeting...Jim Pretlow is array of speakers on diversity, equality and trate Judge Susan E. Cox was unanimously CARPLS volunteer of the month. inclusion from the United States, the U.K., elected by the District Court Judges to a Carrie E. Davenport has become a European Union and Switzerland and will second eight year term…Cook County member of Shaw, Fishman, Glantz & include a roundtable discussion with global Circuit Court Judge Mary Colleen Rob- Towbin, LLC...Clausen Miller Partners GC’s. Look for more information in our erts is the new President of the Alliance Ilene M. Korey, Don Ray Sampen, and save the date flyer, which will be e-mailed to of Illinois Judges…Robert A. Clifford, Margaret Hupp presented a Construction the members in the near future, and on the U.S. District Court Judge Virginia M. Defect Crash Course to the firms property Association’s website, www.chicagobar.org. Kendall, and Cook County Circuit Court casualty clients...Bruce R. Pfaff received

CBA RECORD 21 Section of Litigation...Tinos Diamantatos JOIN THE CBA CHORUS was elected a partner at Morgan, Lewis THE LATEST IN & Bockius LLP...Kristen E. Hudson was TECHNOLOGY…FOR FREE The CBA Chorus is seeking experienced choral elected a principal at Chuhyak & Tecson, P.C....Joseph E. Tilson was elected Vice- singers to join them on Wednesday evenings Chair of the ABA’s Section on Labor and TheCBA’sLawPracticeManagement&Technol- from 6:00-8:00 p.m. on the second floor of Employment Law...Aharon S. Kaye, ogyDivisionregularlysponsorsdemonstrations Patrick M. Smith and Neil G. Shelton the CBA Building. For further information, were elected partners at Katten, Muchin, of hardware and software geared to legal please contact Rebecca Burlingham at rebec- Rosenman, LLP...Antonio M. Romanucci professionals. In an hour or less, you will learn was appointed Chair of the American [email protected] or at 312/814-3776 Association for Justice’s police misconduct how to use common technologies to be more or 312/554-2133. The Chorus will perform a litigation group...John M. Rafkin and productive, efficient, and tech savvy! David E. Woods were added to Jones Day’s concertofAmericanmusicjointlywiththeNew Real Estate Finance practice...Seventh Cir- Livedemosareheldin-personattheCBAorjoin cuit Court of Appeals Chief Judge Diane York Bar Association in November. us virtually from your desktop (see upcoming P. Wood, Illinois Supreme Court Justice Mary Jane Theis and Lake County Chief livesessionsatwww.chicagobar.org/cle).Com- the ABA Tort Trial and Insurance Practice Circuit Court Judge John T.Phillips were plimentaryforCBAmembers.$50Nonmember. Section’s “Pursuit of Justice” Award...James honored by the Illinois Judges Foundation E. Olguin, William M. Brennan and at the groups summer reception...Nancy No MCLE Credit. Law student members and Sara L. Spitler have become partners at A. Peterman, shareholder at Greenberg associate members are welcome. Goldstine, Skrodzki, Russian, Nemec and Traurig, LLP, moderated a panel discus- Hoff Ltd....Kenneth T. Lumb of Corboy sion hosted by the American College of Morethan90titlesareavailablenow.Seeourvideo & Demetrio P.C. spoke about Federal Bankruptcy Seventh Circuit Education Tort Claims at the American Association Committee at IIT Chicago-Kent College ondemandlibraryatwww.chicagobar.org/HowTo. for Justice’s annual meeting...Zachary of Law...LaKeisha C. Marsh has become Hendricks was added to Howard and a partner at Ackerman, LLP...Susan J. 40th anniversary...Geoffrey M. Pipoly has Howard’s Corporate Tax Department... Schwartz of Corboy & Demetrio P.C. become an associate at Williams, Mont- Patrick A. Salvi II received the American received the Volunteer Extraordinaire gomery & John, Ltd....Manuel Flores, Bar Association for Justice’s 2015 Scott Award from Almost Home Kids...Julianne former Illinois Department of Financial Baldwin Award...General Mills former M. Hartzell of Marshall, Gerstein & and Professional Regulation, has become a Executive Vice President, General Counsel, Borun, LLP was a keynote speaker on U.S. partner at Arnstein & Lehr, LLP...Andrew and Chief Compliance & Risk Manage- and Canada Trade Secret Protection at the W.Vail, Maurice Grant and Cook County ment Officer Roderick A. Palmore has Licensing Executives Society International Circuit Court Judges Maryam Ahmad joined Denton’s as Senior Counsel... Pan-American Young Members Congress. and Thomas R. Mulroy, Jr. presented Darren Van Puymbrouch has become a Michael G. Bergmann was named at the CBA/YLS seminar “Sharpen Your litigation partner at Freeborn & Peters... Chair of the ABA’s Judicial Division...U.S. Trial Skills”...James Wascher has been Carlson partners has merged with Nissen District Court Judges Edmond E. Chang, appointed Hearing Office, Chief Admin- & Elliott, LLC...Alexis M. Dominguez Thomas Durkin, Amy J. St. Eve, Manish istrative Law Judge of the Social Security has become an Associate in Neal Gerber & S. Shah, Mayer Brown partner Vince J. Association’s Evanston office. Eisenberg’s labor and employment practice Connelly, and U.S. Magistrate Judge Jef- group...Matthew L. Williams has become frey Cole participated in the Federal Bar Condolences managing partner of Salvi, Schostok & Association’s program on Admitting and Condolences to the family and friends of: Pritchard’s Waukegan office...Theodore T. Excluding Evidence in Federal Cases... Leonard Kravets, who served as Chair of Eidukas has become a partner at Quarles David R. Barry of Corboy & Demetrio, the Entertainment Committee and per- & Brady in the Energy Practice Group...W. P.C. spoke at the American College of formed in the Bar Show for many years, Matthew Bryant was a featured speaker Surgeons’ 2015 Clinical Congress...Mark Jeffrey T. Kubes, who served on the board at the Illinois Institute of Technology on D. Anderson was named to the Board of and as a shareholder in Schuyler, Roche “Legal Issues for Illinois Civil Engineers Directors of the Edward Foundation... & Crisham, Thomas Ronald Jasinski and Land Surveyors”. Mary Anne Phelan was named a prin- Herbert, a distinguished past president Christy J. Benton has become a partner cipal at Much Shelist, P.C., and Urska P. of the Advocates Society of Lawyers, and at Swanson, Martin & Bell LLP...Steven Magajne became an associate at the firm... Terrence Hutton, longtime member and A. Weiss is the new Chair of the ABA’s Johnson & Bell, Ltd. is celebrating its founding partner of Howe and Hutton.

22 SEPTEMBER 2015 A Special Notice to all Lawyers Who Reside in or Practice in Cook County

The Moses, Bertha & Albert H. Wolf Fund

he Chicago Bar Association manages the Moses, Bertha, T and Albert H. Wolf Fund to aid attorneys who reside or practice law in Cook County and are ill, incapacitated or superannuated. Through the Fund, the CBA provides financial assistance in the form of grants and loans.

Eligible recipients also include lawyers in Cook County who receive assistance from the Lawyers Assistance Program and are in need of medical assistance.

“I can say without hesitation that the generous support that I have received from the Wolf Fund has enabled me to receive medical treatment for several disabling conditions and prevented me from becoming homeless. My hope is that I will be able to return to the full-time practice of law and someday make a substantial contribution to The Chicago Bar Association’s Wolf Fund in return for all the help they have given me. I am ever so grateful.” - Wolf Fund Recipient

For more information, please contact Terrence M. Murphy, Executive Director 312-554-2002 • [email protected] By Timothy J. Miller and Matthew J. Singer

Defining the Boundaries

EthicalEthical Limits Limits on on Witness Witness PreparationPreparation

24 SEPTEMBER 2015 For American litigators, witness preparation is an important part of the job. Before deposition, trial, or hearing, lawyers typically meet with witnesses to discuss their recollections, go over key documents, rehearse testimony, and explain appropriate attire, demeanor and potential pitfalls. See generally John S. Applegate, Witness Preparation, 68 Tex. L. Rev. 277, 298-324 (1989). Although these are everyday activities for litigators, there are surprisingly few authori- ties–in Illinois and nationwide–addressing the ethical boundaries governing such activity. Which tactics cross the line from acceptable witness preparation to unacceptable witness coaching? Is it permissible for lawyers to suggest that witnesses use certain words, instead of others, to describe their recollections? To recommend that witnesses adopt a confident demeanor in the courtroom? To aggressively challenge a witness’s initial recollection of certain facts, in hopes of securing more favorable testimony?

RAWING THE LINE BETWEEN ETHICAL AND ably believes (but does not know) is false; indeed, in the case of unethical witness preparation is more than just an interest- a criminal defendant’s testimony, the lawyer may be obligated to Ding theoretical question; a lawyer who errs in placing the offer such testimony. See People v. Calhoun, 351 Ill. App. 3d 1072, line may face real-world consequences that include sanctions, bar 1081-82 (4th Dist. 2004) (criminal defense attorney who refused discipline, disqualification, or even prison. See, e.g., Knox v Hayes, to present his client’s testimony provided ineffective assistance of 933 F. Supp. 1573, 1575 (S.D. Ga. 1995) (sanctions); In re Foley, counsel where he did not have good-faith basis for believing client 439 Mass. 324, 339 (2003) (bar discipline); Ibarra v. Baker, 338 F. would commit perjury); Gerald L. Shargel, Federal Evidence Rule App’x 457, 460 (5th Cir. 2009) (unpublished) (disqualification); 608(b): Gateway to the Minefield ofWitness Preparation, 76 Fordham Sheriff, Clark County v. Hecht, 710 P.2d 728 (Nev. 1985) (criminal L. Rev. 1263, 1285-88 (2007). In addition, Rule 8.4(c) establishes prosecution).) Indeed, an Illinois criminal defense attorney recently that it is professional misconduct to “engage in conduct involving was indicted by a federal grand jury based on allegations that he dishonesty, fraud, deceit, or misrepresentation.” Ill. R. Prof. C. coached a witness to lie in a drug prosecution. See Indictment, 8.4(c). Yet, apart from directly encouraging a witness to lie, it is United States v. Brindley, (No. 14 CR 468) (filed August 21, 2014); not readily apparent which witness preparation tactics could be Jason Meisner, Defense Attorney Indicted on Perjury, Obstruction deemed to involve “dishonesty, fraud, deceit, or misrepresentation.” Charges, ChicagoTribune, Aug. 21, 2014, available at http://www. Significantly, the Rules of Professional Conduct also establish chicagotribune.com/news/local/breaking/chi-defense-attorney- that a lawyer has a duty of competence. Ill. R. Prof C. 1.1. This indicted-on-perjury-obstruction-charges-20140821-story.html. duty certainly includes a responsibility to adequately prepare wit- This article will examine existing authorities and attempt to nesses. See, e.g., United States v. Rhynes, 218 F.3d 310, 319 (4th distill some of the key takeaways for litigators seeking to effectively Cir. 2000). Thus, a lawyer cannot avoid the ambiguities involved represent their clients without running afoul of ethical and legal in witness preparation by refusing to prepare witnesses. prohibitions. Scholarly Articles Illinois Rules of Professional Conduct Illinois’ lack of ethical guidance on witness preparation is typical The Illinois Rules of Professional Conduct provide only slight of jurisdictions across the nation. Given the dearth of author- guidance to Illinois attorneys about the ethics of witness prepara- ity, scholars and practitioners have weighed in and attempted to tion. Rule 3.4(b) states what should be obvious: lawyers may not provide guidelines for proper witness preparation. These sources “counsel or assist a witness to testify falsely.” Ill. R. Prof. C. 3.4(b). reflect a fundamental tension between a lawyer’s responsibility to Illinois lawyers also are barred from offering “evidence that the provide the best possible representation and the justice system’s lawyer knows to be false.” Ill. R. Prof. C. 3.3(a)(3). When the truth-seeking function. Indeed, the very tactics identified by some lawyer “reasonably believes” that a witness’s planned testimony as best practices for effective witness preparation are criticized by is false, however, the lawyer has the option to refuse to offer the others as potentially unethical. Illustrative examples include: testimony (unless the testimony is of a criminal defendant). Ill. R. AppearanceandDemeanor. Lawyers preparing witnesses typically Prof. C. 3.3(a)(3). Because this rule gives an attorney the choice instruct witnesses about appropriate courtroom attire and behavior to refuse to offer the testimony, it suggests by implication thata and encourage witnesses to adopt a calm, confident demeanor. lawyer is ethically permitted to offer testimony that he reason- See Restatement (Third) of Law Governing Lawyers § 116, cmt.

CBA RECORD 25 or enabling the witness to offer false testi- mony. Knox v. Hayes, 933 F. Supp. 1573 (S.D. Ga. 1995), illustrates this kind of misconduct. In Knox, the estate of a bicy- clist killed in a collision with a truck filed a civil suit against the truck driver. Knox, 933 F. Supp. at 1575. The truck driver’s attorney prepared an affidavit for a witness to the accident that included a statement averring that the bicycle had attempted to pass the truck. When the witness reviewed the affidavit, he told the attorney that he had never seen the bicycle. In response, the attorney told the witness that “we can change [the statement] now, or we can just leave [it] like that.” The witness did not object to leaving the statement as it was, but told the attorney that if he was later n.b; Applegate, supra, at 298-300; Brian will review relevant documents. This exer- asked about whether he saw the bicycle Haynes, Preparing Your Witness for Deposi- cise both refreshes a witness’s recollection attempting to pass the truck, he would tion, 28 The Advoc. (Texas) 6, 10 (2004). of events and ensures that a witness is not deny that he saw the bicycle. Nonetheless, Yet, some criticize these practices because blindsided by an unexpected document the attorney said it was appropriate to leave they may mislead the fact-finder by inac- during cross-examination. See Restatement the statement in the affidavit, the witness curately portraying the witness and exag- (Third) of Law Governing Lawyers § 116, signed it, and it was notarized. gerating the witness’s level of confidence cmt. n.b; Applegate, supra, at 304-07; The court sanctioned the attorney, in the testimony. See Roberta K. Flowers, Haynes, supra, at 8; John M. Maciejczyk, ordered him to pay plaintiff’s fees and costs Witness Preparation: Regulating the Profes- Effective Deposition Witness Preparation, spent litigating the false affidavit issue, sion’s “Dirty Little Secret”, 38 Hastings 39-Mar Res Gestae 28, 30-31 (1996). and disqualified the attorney and his law Const. L. Q. 1007, 1020-21 (2011); Liisa Critics note that this approach risks that a firm from further representing defendants Renée Salmi, Don’t Walk The Line: Ethical witness will testify based on the documents in the case. Although the attorney argued Considerations in Preparing Witnesses for and not an independent recollection of the that the affidavit relied on the witness’s Deposition and Trial, 18 Rev. Litig. 135, events at issue. See Salmi, supra,v at 144-45. “impressions” of the scene of the accident, 163-65 (1999); Joseph D. Piorkowski, Jr., The bottom line is that virtually all and therefore was not false, the court Professional Conduct and the Preparation of witness preparation tactics–even those rou- determined that the affidavit was worded as Witnesses for Trial: Defining the Acceptable tinely utilized by lawyers–can raise ethical “the testimony of a person who witnessed Limitations of “Coaching,” 1 Geo. J. Legal questions. But, as discussed above, simply an event” and concluded that the attorney Ethics 389, 404-09 (1987). punting the issue by refusing to engage “knew that [the witness] witnessed no SuggestingWordChoice. Witnesses can be in serious witness preparation is not an such thing, but drafted [the affidavit] as sloppy with their word choice or imprecise option either; such behavior would violate if he had.” The court concluded that the in their recounting of events. So, according an attorney’s duty to provide competent affidavit contained “a blatant falsehood of to the Restatement of the Law Governing representation. which” the attorney was aware. The court Lawyers, a “lawyer may suggest choice of emphasized that the lawyer’s interaction words that might be employed to make Key Case Law with the witness after the witness dis- the witness’s meaning clear.” Restatement Despite the concerns raised in the scholarly puted the statement in the affidavit was (Third) of Law Governing Lawyers § 116, literature, the few cases to directly address especially inappropriate. Once the witness cmt. n.b. But, some believe that this tactic the issue of witness preparation generally pointed out that the statement was false, can amount to encouraging false testimony set a high bar for what constitutes improper the attorney “had a professional obligation because the witness is using the lawyer’s witness coaching. Because there are no to prevent [the witness] from signing the words rather than the witness’s own. See Illinois authorities directly on point, this affidavit” that included the false statement. Salmi, supra, at 160-63; Piorkowski, supra, article will examine relevant cases from Instead, the lawyer inappropriately “helped at 402. other jurisdictions. the process along” by giving the witness a Reviewing Relevant Documents. In a wit- The prototypical example of improper choice between changing the affidavit or ness preparation session, a witness often witness preparation is directly encouraging leaving it as is. Two Fifth Circuit cases emphasize

26 SEPTEMBER 2015 the ambiguous line between proper and mony about his meeting with the expert prior to the officer’s deposition testimony; improper witness preparation. In Ibarra v. was evasive, and he claimed not to remem- that theory first appeared in the expert’s Baker, 338 F. App’x 457 (5th Cir. 2009) ber details of the meeting that occurred just report, and then the officer–with the aid (unpublished), an attorney was sanctioned one day prior. Moreover, although the offi- of the notes from his meeting with the for improperly coaching a witness even cer testified that he had been briefed before expert–mentioned it for the first time in though the attorney never directly met the arrest that the relevant neighborhood his deposition. The court held that the with the witness. The plaintiffs in Ibarra was a “high crime area,” he “was unable sudden appearance of this theory in the were arrested after recording and photo- to provide even a single detail” about that officer’s deposition testimony, based on graphing the execution of a search warrant briefing. a purported briefing of which the officer at a neighboring home. After they were After the deposition, the plaintiffs could not recall “a single detail,” sup- acquitted of resisting arrest they brought moved for sanctions, and they later dis- ported the district court’s conclusion that a false arrest suit against the arresting covered billing records indicating that the expert had improperly coached the officers. Ibarra, 338 F. App’x at 461. The defendants’ attorneys had met with the officer to falsely testify consistently with attorneys for the officers hired an expert expert the day before he met with the his expert report. The court acknowledged witness who prepared a preliminary report officer. After holding two hearings, the that the evidence of the attorneys’ involve- opining, among other theories, that the district court concluded that the purpose ment was a “bit scant,” but emphasized officers had reasonable suspicion because of the meeting between the expert and the that the attorneys met with the expert the the arrests occurred in a “high-crime area.” officer was to “coach” the officer to testify day before his meeting with the officer. Significantly, this theory was unsupported consistently with the expert’s report. Based Applying a deferential standard of review, by any prior testimony in the suit or the on the attorneys’ meeting with the expert the court refused to overturn the district criminal case against plaintiffs. the previous day, the court also concluded court’s ruling that the attorneys, “acting The expert met one-on-one with a that the attorneys were involved in the through [the expert], improperly” coached defendant officer the day before the officer’s witness-coaching scheme, sanctioned them the officer to testify consistently with the deposition. The officer then showed upat $10,000, and disqualified them. expert’s report. his deposition with a set of notes prepared The Fifth Circuit affirmed the district In contrast, another Fifth Circuit case, during his meeting with the expert that court’s decision to sanction the attorneys Resolution Trust Corp. v. Bright, 6F.3d tracked the expert’s preliminary report, for improper witness coaching. The court 336 (5th Cir. 1993), determined that point-by-point, including the “high crime emphasized that there was no factual attorneys had not crossed the line into area” theory. The officer’s deposition testi- support for the “high crime area” theory improper witness coaching. Plaintiff’s

Centers for Excellence MORE LLM DEGREES THAN ANY LAW SCHOOL IN CHICAGO

8 Dynamic LLM Degrees

Employee Benefits Estate Planning Information Technology & Privacy Law Intellectual Property Law International Business & Trade Law Real Estate Law Tax Law 20% Tuition Discount for CBA Members— Trial Advocacy & Dispute Resolution Call for Details Select degrees and courses available online.

Call 1.866.460.2022 or visit www.jmls.edu/LLMdegrees. Apply Now for Spring 2016

CBA RECORD 27 KEY TAKEAWAYS

Although the above authorities hardly provide comprehensive guidancefor attorneys who arepreparing witnesses, thereare some key lessons to be gleaned:

• Anattorneyshouldneverencourageawitnesstoprovidetestimonythatthewitnesssays,ortheattorneyknows,isfalse.Thisisthegoldenruleofwitnessprepara- tion and one thateven the vague ethical rules make clear.

• An attorney should emphasize repeatedly that the witness must tell the truth. Attorneys who are interviewing and preparing witnesses should emphasize explicitly and repeatedly that the witness should tell the truth and then act in accordance with that instruction. By doing so, the risk that ordinary witness preparation techniques could lead to false testimony can be minimized. See Haynes, supra, at 8; Maciejczyk, supra, at 33. And this is a key distinction between Knox and Resolution Trust. In Knox, after the witness identified an untrue statement in the draft affidavit, the attorney gave the witness the option ofsigning the affidavit containing theuntrue statement or changingit.Meanwhile,in ResolutionTrust,the lawyers repeatedlyemphasizedthatthe witness musttell the truth,evenwhileaggressivelychallengingthewitness’sperceptionofeventsandaskinghertochangethesubstanceofheraffidavit.Thelawyers’emphasison candor–evenastheyattemptedtopersuadethewitnesstomakechangestoheraffidavit–wasakeyconsiderationinthecourt’sdecisiontooverturnsanctions against the lawyers.

• An attorney should work to ensure that witnesses are well prepared to testify. An attorney must not encourage a witness to lie, but an attorney generally“enjoys extensive leeway in preparing a witness to testify truthfully.”Ibarra, 338 F. App’x at 465. Thus, for example, an attorney can, and should, critically examine a witness’s testimony, discuss with the witness other relevant evidence, work to refresh the witness’s recollection, and prepare the witness for questioning on directandcross-examination.Moreover,itisappropriatetoprepareawitnesstotestifybyemphasizingappropriatedemeanorandbehaviorinthecourthouse, working with the witness to choose words that accurately reflect the witness’s intended meaning, and reviewing key documents so the witness cangive thoughtful and informed testimony. The ethical concerns that some scholars have raised about these tactics–or the possibility for abuse in the hands of an unscrupulous lawyer–can be reduced by emphasizing to the witness the need to testify truthfully. Moreover, these concerns should not prevent an attorney from doing what is necessary to effectively prepare a witness. Indeed, a lawyer would not be providing competent representation if the lawyerlly didnotfu prepare witnesses to testify.

attorneys conducted a series of interviews became aware of the situation, they moved in presenting their theory of the case to with a witness, and after the last interview, for sanctions. The district court granted the [the witness],” they “nevertheless made sure they prepared an affidavit for the witness motion based on its conclusion that plain- that [the witness] signed the affidavit only to sign. The attorneys specifically told the tiff’s attorneys had improperly attempted to if she agreed with its contents.” In fact, the witness that the affidavit contained a few tamper with or manufacture evidence against court emphasized, the attorneys specifically assertions that the witness had not previ- defendants. brought to the witness’s attention that their ously made, but that the attorneys believed The Fifth Circuit reversed, concluding draft affidavit contained some new state- to be true; they also instructed the witness that plaintiff’s attorneys did not engage ments, and instructed her to read them to “very carefully” review the affidavit. The in sanctionable misconduct. The court carefully. Ultimately, the court concluded witness made several changes to the draft emphasized that plaintiff’s attorneys did that the attorney’s actions were permissible affidavit, and deleted certain facts of which not ask the witness to make statements advocacy and it reversed the district court’s she believed she did not have personal knowl- that they knew were false; instead, they sanctions order. edge. The attorneys aggressively attempted attempted to convince her to adopt to persuade her to include the facts in her statements that they believed were true. Timothy J. Miller, General Counsel at affidavit by describing their understanding Given the attorneys’ good faith basis for Novack and Macey, is experienced in matters of the course of events and showing the wit- believing in the truth of the statements, concerning attorneys’ and other professionals’ ness independent evidence supporting their the court determined that the attorneys’ liability. Matthew J. Singer is an Associate theories. After the witness refused to alter conduct could not accurately be described at Novack and Macey, concentrating in com- her revisions to the affidavit, the attorneys as manufacturing evidence or encouraging mercial litigation. prepared a final affidavit incorporating the false testimony. Moreover, although the witness’s changes. When defense counsel attorneys were “persistent and aggressive

28 SEPTEMBER 2015 Work Better, Smarter with CBA Member Services

www.chicagobar.org

CBA Services Add Value to Your Membership! Check out these services and savings to help you run your legal practice more efficiently and grow your client base.

Ways to Save Tools to Grow and Run a More Efficient Practice • Free monthly CLE seminars - attend live or watch live or archived Webcasts, • Start Your Own Law Firm Bootcamp and enough hours available to fulfill your MCLE resources. www.chicagobar.org (under requirements. www.chicagobar.org/freecle Resources) or www.chicagobar.org/LPMT

• Free noon hour practice area committee • Practice Basics - free, fundamentals training meetings - earn IL MCLE Credit when you for lawyers. Watch past sessions at attend in-person or via live Webcast. www.chicagobar.org/practicebasics. www.chicagobar.org/committees (under meeting notices) • Leadership & Client Development Institute - proven tactics from successful rainmakers. • Free MCLE Credit Tracker - automatically www.chicagobar.org/leadership tracks CBA attendance, add your non-CBA credits. www.chicagobar.org/MCLE • How To Sessions - free demonstrations of hardware and software geared to legal • CBA Newsstand - free daily email from professionals. Watch past sessions at Lexology providing valuable practice area www.chicagobar.org/howto. updates. www.chicagobar.org/newsstand • Hands-on Technology Training Center - for • Free 6 weeks of TheFormTool PRO plus 3 free members and support staff, covers business IICLE® Forms. www.theformtool.com/chicago and legal software sessions. www.chicagobar.org/techtraining

Expand Your Career • Low cost practice management consulting. www.chicagobar.org/LPMT • Job search/career development resources for all career stages - free one on one speed counseling, interactive round table seminars and tips. www.chicagobar.org/CAP

• One-to-one and group mentoring programs. www.chicagobar.org/mentoring Especially for New Lawyers: • Lunch with a Judge - free luncheons with Free interactive seminars, career counseling, tips and advice directly from the judges debt management programming, new themselves. www.chicagobar.org/cle lawyer to do list, court walk thoughs, live breakfast series on practice fundamentals, • Volunteer/pro bono activities - get free legal online practice area pointers. 312-554-2131 training and hands on experience for your resume. 312-554-8356 By Oliver A. Khan

Meet CBA President Patricia Brown Holmes A Bar Association for Everyone

Judge Patricia Brown Holmes is everything you would hope for in a leader: warm, funny, and welcom- ing. The second African American female president of the CBA, her life, struggles, and the philosophy imparted by her parents all inform her leadership of the bar. A self-described rabble- rouser, Holmes brings a spirt and energy to her office, and, as is clear from the stories of her youth and legal career, she is a member of thevanguardonissuesof race, justice, and inclusion.

Photos by Bill Richert 30 SEPTEMBER 2015 Running from the Police Holmes was born in San Diego, California, and moved to Chicago at a young age. She grew up the oldest of five children in a five- bedroom house in the south side Morgan Park neighborhood. Just at the end of her block was Calumet City, Illinois. When they moved in, her family was the first African American family on the block—a fact that triggered some violent reactions in some of her neighbors. “I can tell you stories,” Judge Holmes says, “[but] I won’t tell you.” Eventually, the neighborhood, as she describes it “turned over,” and filled with children playing softball in the street. “Our big kick,” Holmes says, “was at 10 o’clock at night, we would go to the end of the block and cross the street because the curfew in Calumet City was 10 o’clock, but the curfew in Chicago was 10:30. So we would cross the street, and the Calumet At the CBA’s Annual Meeting, shortly after receiving the gavel of leadership from Daniel City police would come and turn on the A. Cotter of Butler Rubin (right), with CBA Executive Director Terrence M. Murphy. lights and we’d run back across the street. And we literally would do that, you know, for a half an hour.” back.” Holmes, as she describes her skin as a rabble-rouser like her mother, never let- She later learned that the officer who color, is “chocolate.” Because it was the ting injustice pass by unchecked. “I had to chased her and her siblings across the only advanced placement English section learn how to stick up for myself,” she says. street was the husband of Holmes’ sixth offered, Holmes couldn’t switch out of During her freshman year rhetoric class, grade teacher. “He was having just as the class. “Which meant that me and the Holmes was “the only black person in the much fun as we were.” Even so, when her teacher were going at it over every comma,” class, the only visible minority.” One story mother found out about Holmes’ nightly Holmes recalled, “every period, every from that class has stayed with her. Papers shenanigans, the game quickly ended. noun. But it made me a better writer. Not in the class were graded anonymously, with Holmes describes her mother as an activist that that’s the way you go about it.” only social security numbers identifying and a rabble-rouser–a title which Holmes Judge Holmes graduated co-Valedic- the students. When handing back graded also proudly claims. Holmes’ mother had torian from Corliss High School, tied in papers in class, Holmes’ professor slid her a graduated from high school at 16 years old almost every respect with another student. paper without reading off any of the iden- and went straight to college. She became a Holmes recalls arguing with the school tifying numbers. Holmes remembers the buyer for Sears & Robuck, located in the about whether she should have to share moment clear as day. “How did she know now-named Willis Tower, where Holmes’ the title at all, noting that she had a perfect this was my paper?” She thought, “She current office is. attendance record while her so-called co- must know my social security number… valedictorian did not. “I think that was my Then I looked at the paper and it said ‘F’ The Education of a Rabble-Rouser first legal argument,” she quips. … I’ve never failed anything in my life.” Holmes graduated valedictorian from For college, though she was accepted or The paper wasn’t hers. Holmes had actually Edward H. White elementary school. waitlisted at Stanford, Harvard, and other received an A+, and the professor had even Her mother fought hard to get her into top schools, Holmes chose the University written on Holmes’ paper Use as example. the then-new George Henry Corliss High of Illinois because it was the least expensive Before giving Holmes her actual paper, the School. In her freshman year of high and close to home. She started off in engi- professor asked her, “Who helped you with school, Holmes sat front and center in neering, but later switched to the liberal this?” Holmes promptly switched out of that her advanced placement English class. arts. “I was the only minority, only African section. “Dealing with situations like that… The teacher took one look at her and American, only female [in Engineering]. I always made me the person who says ‘That’s asked, “Why are you sitting in the front couldn’t get anybody to study with me. I not right. That’s not fair. We’re standing up.’” of my class? You’re too black, too dumb was lonely…so I switched out.” Her college friends dared Holmes to to be in front of my class. Get up and go On campus, Holmes came into her role take the LSAT. Though she didn’t study

CBA RECORD 31 On to the Bench Holmes’ next career move may seem baffling to some. She applied for the position of Chief Assistant Corporation Counsel in charge of municipal prosecutions for the City of Chi- cago. While the position itself was exciting, the prospects it created were even more so. Almost everyone who had served in that position eventually joined the judiciary. “I had always wanted to be a judge.” She applied and got the job, and within two years, the County had reopened the appointment process for associate judges after having suspending it for budgetary reasons. Holmes was encouraged to apply, but with 365 applications for 18 positions, “it was like a feeding frenzy.” When the Chief’s Judge’s office called Holmes to tell her that she made the short list of 36 candidates, she thought it was a joke. “I’m Holmes, with friend, mentor, and “Board of Director” Judge Ann Williams of the U.S. like, what’s the number. I’ll call you right Court of Appeals for the Seventh Circuit back.” It was not a joke, and over the next two weeks, she put on her walking boots, and met with over 400 circuit court judges for the test, she did well and was inundated So there’s no room for number two!” across the County. She was appointed as with letters from law schools across the So Holmes began her legal career where an associate judge, and at the time was the country, soliciting her application. But the many diverse young attorneys did: at the youngest African American female ever University of Illinois College of Law offered State’s Attorney’s office in the appeals appointed. She was 36. her a full scholarship with room and board, division. When she wrote her first appel- She began hearing cases in the juvenile which she readily accepted. She also admits late brief, the brief supervisor asked her a court, where she and a group of new judges that she didn’t want to leave Michael—her familiar question. “Who helped you with reinvigorated the juvenile court system. then boyfriend and future husband. this?” Undeterred, Holmes quickly became “We reduced the number of cases... We In law school, Holmes landed a summer a brief supervisor in the appeals division were saving lives and helping children. It job with the City of Chicago at a time of and eventually ended up in the felony trials was great.” Holmes eventually took over change for the corporation counsel’s office. division. “I tried hundreds of cases.” She the Benchmark Permanency Hearings “Jim Montgomery became the first black recalls sometimes taking three cases a day Program, which, according to the court City of Chicago corporation counsel under to trial. “You figure out how to get to the website, “assists teen wards approaching Harold Washington,” Holmes recalls. “I point real quick,” she notes. A quality she emancipation to prepare for independence.” can’t even begin to tell you how proud has retained to this day. The program became a national exemplar. I was.…He and Eugene Pincham were After five years in the state’s attorney’s But her success on the bench was bigger than life.” In Holmes’ eyes, Mont- office, she applied and interviewed fora interrupted. One day, her law clerk found gomery set an example for the profession, job with Fred Foreman, the then recently- Holmes unconscious on the floor in cham- and one that she could model. named U.S. Attorney for the Northern bers. The clerk and another judge rushed District of Illinois. Foreman offered her Holmes to the hospital, where the doctors Early Career as a Prosecutor the job at the end of the interview, and diagnosed her with cancer and gave her Graduating from law school, the market for Holmes spent five years as an Assistant six months to live. She reacted, telling the minority attorneys was markedly different United States Attorney. She tried 25 cases doctor, “I have a six-month old, a four- from today. Holmes recalls, “At that point in that time. Holmes credits her experience year old, and a sixteen-year old step son! I in time, if you had one minority lawyer in with the state’s attorney and U.S. attorney don’t have time for this! What do we need your firm, then you were good.” Most law for her courtroom demeanor. “It helped to do here?” She fought the cancer for two firms at that time did not hire multiple me be fearless in the courtroom.” years, and took another two before she fully attorneys of color. “People were trying to be that one,” Holmes said, “but…once recovered from the chemotherapy. you’re in, people stuck around for a while. Cancer changed Holmes’ perspective

32 SEPTEMBER 2015 on life. “Why not take a chance and go do something different.” Around that From Her Peers time, corporations began to issue a “call to action” for firms to not just hire but A Special Place to retain minority attorneys. “The idea of Judge Holmes holds a special place in the hearts of BWLA members. As a founding member and Past retaining one or two [diverse attorneys] every year and waiting to see what hap- President, she is certainly woven into the fabric of BWLA’s rich history. But nearly 30 years later, her pened just wasn’t working,” Holmes notes. commitment and dedication to the success of BWLA remains strong. She is still a mentor, teacher, “You need someone at the top to role guide, sponsor, friend; essentially whatever we need. We are so grateful for her support. model, to mentor, to advise while you’re –LaShonda A. Hunt, President, Black Women Lawyers’ Association of Greater Chicago, Inc. recruiting from the bottom.” Multiple law firms began soliciting Holmes to join pri- vate practice. She was disinclined to leave Leading for Success the bench, “[b]ut it just kept coming.” JustThe Beginning-A Pipeline Organization is thrilled to have such a respected judge (ret.) share her timeandleadershiptalentwithus.Weknowthathertimeandexpertiseiscriticaltooursuccess.Judge The Move to Schiff Hardin Holmesisanothergreatexampleofmembersofthelegalcommunitydedicatedtoincreasingdiversity Holmes eventually realized that in private in the pipeline to the legal profession and judiciary. practice she would have an opportunity to change the face of a law firm and maybe –Marla R. Shade Harris, Interim Executive Director, Just The Beginning–A Pipeline Organization eventually the profession. When asked what appealed to her Her Generosity of Spirit is Boundless about Schiff Hardin, her first answer is one word: “Ron.” Ronald Safer, the then I have known Judge Holmes since we were both ASA’s in the Cook County States’Attorney’s Office and managing partner was on a mission in were trial partners there. She has always been one of the smartest, most thoughtful and empathetic 2005. Holmes recalls, “They seemed like attorneys that I have ever had the pleasure of working with. She never hesitates to help others out they wanted to do something.” As Safer andtoshareherwisdomandcommitmenttoexcellencewithallthoseshecomesincontactwith.She describes it, “I agreed to become manag- is a superior attorney and has paved the way for many attorneys who will and have come behind her. ing partner because we [Schiff Hardin] Her generosity of spirit is boundless. needed urgently to improve our diversity. I reflected on what we needed to dothat Judge Holmes has been at the forefront of diversity initiatives not just at Schiff Hardin but locally in most effectively. We needed to begin at the Chicago, as well as nationally. I joined Schiff Hardin in 2012, a diverse attorney with over 20 yearsof top. It would be easy to swell the numbers corporatein-houseexperiencewithoutanylawfirmbackground,sotosaythatshehasbeenamentor by hiring a number of diverse lawyers, to me in my law firm experience would be an understatement. In her role as Chair of the Diversity but that would not be enduring.” Judge committee at Schiff Hardin, Judge Holmes continues to provide outstanding service to the Firm by Holmes was key. “With all my might, I bringing invaluable insights, perspective and judgment to the table. grabbed her with both hands and dragged her off the bench,” Safer said. He empha- Inadditiontobeingatopnotchattorney,JudgeHolmesisadevotedwifeandmotherandadearfriend sizes that Holmes is an effective, vibrant, to countless others. committed role model, not just for diverse --Alison W. Jackson, Counsel, Schiff Hardin attorneys, but for all people. Holmes teases that she warned Safer caring indefatigably. She is forgiving, as screen, big time. Which to me, meant that that she might cause him some headaches, she has had to be. When you’re blazing a it was the right decision.” a warning which she reminded him of trail you get bruised. Nobody would have Her 10th anniversary at Schiff Hardin often when she stormed into his office. faulted her if she had given up a hundred was on August 1, 2015. But Safer has never regretted bringing different times. But she never did. She Holmes aboard: “I’m blessed to know came back from every insult, every slight, Holmes’ “Board of Directors” a number of extraordinarily talented every challenge stronger, more determined, Nowadays, if you ask Judge Holmes diverse attorneys. But there’s no one like more committed.” “Who helped you with this?” the list is Judge Holmes. She is a unique bundle When Holmes landed at Schiff Hardin, long. Throughout her life, Holmes has of talent. She is a uniquely talented trial it was a right fit. “I’ve never been told ‘no,’” surrounded herself with trusted advisers lawyer, an analytical thinker, and the she says, “and as a result, we went from no and friends. “I have a board of directors, most emotionally intelligent person I diversity to getting awards. We went from so to speak. My husband [Michael] is the know. She gives of herself, of her time and not on the radar screen to on the radar chairman.” Michael Holmes is the Head

CBA RECORD 33 ent and we all bring something different to the table. But we’re all part of one group… That’s what I want to impart. We should all be a part of this one big family and feel included.” As Justice Cunningham points out, inclusion is vital for the CBA: “In the not-so-distant past, the bar association was not welcoming to many attorneys.” But Cunningham is certain that Holmes “is the perfect leader to carry that theme [of inclusion] forward. She has always shown that we can get so much more done work- ing together.” As Holmes sees it, the future of the legal profession is at stake. “We’re in a day and age now where the legal profession is changing; the world is changing. Social media is taking over. People think they can do everything online.” But the bar Another close friend and mentor of Patricia Brown Holmes is Former CBA President and association perpetuates, improves, and Appellate Judge Joy V. Cunningham of the First District, 1st Division. reenergizes the profession. “People lose track of that.” That is one of the reasons that Judge Holmes has asked each person Football Coach and Vice President at Leo Board of Trustees for the University of Illi- to recruit five new or lapsed members to Catholic High School. Holmes describes nois. She is the past president and founder the CBA. Because the more inclusive and their relationship as one of mutual support. of the Black Women Lawyers’ Association open the CBA is, the better it will serve Other members of her board include girl- of Greater Chicago, Inc. She sits as chair of the community. “Mentor someone. Grab friends from high school, and Judges Sharon Just the Beginning Foundation, Inc., and a person and say, ‘Look, I’m going to help Johnson Coleman and Ann Williams, also serves as co-chair of the Illinois Judges you be successful. Otherwise, what is the Justices Shelvin Hall and Joy Cunningham. Association (IJA) Retired Judges Commit- purpose? You’ve been a lawyer, you die, Justice Cunningham, who was the first Afri- tee. IJA president, Judge Robert Anderson, then what?” When new people join the bar can American female president of the CBA, describes Judge Holmes as “bright, intel- association and become involved, Holmes describes Holmes as “my over achieving ligent, articulate and has a great sense of hopes they will spread the words to others younger sister. If I had a daughter, I’d want humor.” A sentiment echoed by former about all the excellent work going on at her to grow up to be like Pat Holmes.” IJA president, Justice Michael B. Hyman: the CBA. Holmes and Michael have three chil- “Pat is someone who can be counted on to Holmes has called on all CBA members: dren–ages 33, 21, and 16. “One was in rise to a challenge and get done whatever “You have to make people feel included kindergarten one was in college,” Holmes is needed. My experience with her has and invited in.” Otherwise most won’t points out. Of her extended family she always been that she is a problem solver get much past the doorway. But if every smirks and describes them as “hilarious… and a consensus builder who brings a fresh attorney can find a place at the table, future This year’s Christmas theme is ‘Murder point-of-view to critical discussions.” generations of attorneys will be able to see at the Disco.’” Holmes’ philosophy of service is part of themselves reflected in the CBA’s history the theme of her year as president of the and legacy. “[S]o that when the pictures Inclusion, Mentorship, Role Models, CBA. She is encouraging every attorney to start going up on the wall they really start and the CBA “[g]et involved, stay involved, mentor, and to look like a rainbow.” Holmes’ parents raised her with the value help.” Unsurprisingly, inclusiveness is also and expectation that she get involved with one of her primary goals. “I want to create her community. “You don’t just sit there. that feeling that everyone is welcome. Oliver Khan is an Associate at Arnstein & You get involved. That’s how you’re sup- Everyone should feel included in the Chi- Lehr and is a Co-Editor of the YLS Journal posed to live.” Right out of law school, cago Bar Association because that’s the bar Holmes joined the CBA, ABA, and ISBA. association for everybody.” She analogizes Her involvement and service has only it to a family. “ Each one of us—every kid, grown and blossomed since. She is on the every spouse, every child—we’re all differ-

34 SEPTEMBER 2015 “ONE OF THE BEST BUSINESS DECISIONS THE FIRM HAS MADE.”

NICOLE ALEXANDER DIRECTOR OF PROFESSIONAL AND BUSINESS DEVELOPMENT MCELROY, DEUTSCH, MULVANEY & CARPENTER, LLP NEW JERSEY

West LegalEdcenter® Is your firm struggling to manage CLE requirements cost-effectively? MDM&C isn’t. “West LegalEdcenter has become our one-stop shop for all of our CLE, for all of our offices and all of our attorneys,” says Nicole. “Within our first year alone, we saved close to $100,000.” West LegalEdcenter gives your firm access to thousands of learning and development programs, accredited in your firm’s jurisdictions, in a variety of convenient, accessible formats. Hear Nicole’s story and view a demo of West LegalEdcenter at westlegaledcenter.com/link/testimonial. Learn more about McElroy, Deutsch, Mulvaney & Carpenter, LLP at mdmc-law.com.

Call 1-800-241-0214, option 3 to learn more.

© 2013 Thomson Reuters W-311260/2-13 Thomson Reuters and the Kinesis logo are trademarks of Thomson Reuters. YOUNG LAWYERS JOURNAL

equally beneficial in our interactions with CBA YOUNG family members, colleagues and others in everyday life. LAWYERS SECTION Feelings create connection. As a trial Chair lawyer, credibility is everything. Todevelop Matthew A. Passen and maintain credibility, we have to be Passen Law Group honest and be ourselves. The less obvious First Vice-Chair takeaway from the ranch is that being ourselves often involves exposing our true Kathryn Carso Liss feelings–even feelings we are afraid or Law Offices of Jean Conde ashamed of. Having the courage to express Second Vice-Chair our feelings and vulnerability makes us Jonathan Amarilio more relatable to others. This is how I will Taft Stettinius & Hollister LLP approach every jury selection from now on, and how I hope to act in my everyday life. Member Service Manager Lessons from the Ranch Trisha Rich Awaken the Right Brain. Most lawyers (including me) are logical, analytic “left- Holland & Knight By Matthew A. Passen brain” thinkers. They have never written a Public Service Manager YLS Chair poem, painted abstract art or stood before Octavio Duran Jr. an audience and sung a song. Having n July, I had the privilege of spending Bekkerman Law Offices (skeptically) done all three at the ranch, 23 days in Dubois, Wyoming at the I experienced an awakening of creativity Project Officer Trial Lawyers College, a program dedi- I and freedom of expression that I hadn’t felt cated to training and educating lawyers Shawna Boothe since I was a child. Given that most people and judges who are committed to the jury Schiff Hardin LLP make decisions based on feelings, not logic, system and to representing and obtaining we might consider exploring activities that Project Officer justice for individuals. The College was awaken the “right brain” to see life through Brandon E. Peck founded and led by legendary trial lawyer a new, more human (less lawyerly) lens. Peck Ritchey LLC Gerry Spence and took place on his ranch. I went to the Trial Lawyers College not Secretary/Treasurer It all begins with you. This is one of knowing what to expect, but hoping to leave Gerry Spence’s favorite sayings, and one Paraisia Winston Gray a better trial lawyer. I think I accomplished Iwillalwaysremember.HowcanIaska YLS Journal Co-Editors in Chief that goal. I also learned some unexpected jurortotrustmeifIdon’ttrustthejuror lessons that made me a better person and Geoffrey Burkhart or show that I can be trusted? How can I that apply to lawyers of all practice areas: American Bar Association expect my wife to show me love and affec- tion if I don’t show it to her? Most of life’s Power of role reversal. Atticus Finch Oliver Khan problems can be answered by this simple said it best in To Kill a Mockingbird:“You Arnstein & Lehr LLP response: It all begins with me. never really understand a person until Assistant Co-Editor you consider things from his point of Nicholas Standiford view…until you climb into his skin and Schain Banks walk around in it.” This exercise–of actu- Kenny & Schwartz LTD ally trying to see and feel the world from someone else’s point of view–is incredibly YLS Administrative Director powerful in understanding the “story” of Jessica Brierly-Snowden one’s case and preparing for trial. It can be

36 SEPTEMBER 2015 A Member Benet of The Chicago Bar Association

The smart,Reduce simple Your way Student to save Loan on your Payments student loans

“Credible helped me reduce the lifetime interest paid on my student loans and save $55,000”

- Jordan Adams, Class of 2012

HowStart Does Saving Credible Today Work?

Submit One Lower Your Get Your Form Rates Savings Complete one Renancing The average form and get rates start at lawyer saves oers from up to just 1.90%. over $40,000. eight lenders.

Visit www.credible.com/partners/ChicagoBarwww.aaa.com/Credible YOUNG LAWYERS JOURNAL

HOW TO DRAFT A STATE- AND SHARIA-COMPLIANT WILL Where There’s a Will, There’s a Way By Furqan Mohammed and Lucy Park

38 SEPTEMBER 2015 YOUNG LAWYERS JOURNAL

rafting a will forces uncomfort- Sharia and State Mandates for a distribution that is incompatible with able choices: divvying up prop- Distribution of Assets Sharia law. Derty, choosing guardians for our Sharia law generally prioritizes distribu- Even if a Muslim had executed a Sharia- children, etc. Nonetheless, attorneys and tions from an estate as follows: compliant will before passing away, that is tax professionals unequivocally recom- • Repayment of all debts owed by the insufficient, by itself, to fulfill one’s obliga- mend that every person execute a will. decedent; tion in Islam. Those distributions would be There are numerous benefits to planning • Payment of funeral expenses (although superseded by state statutes to the extent an estate: (1) using federal and state estate it is acceptable for family members to they conflict. For example, Illinois allows a and generation-skipping transfer (GST) gratuitously pay these costs); surviving spouse to renounce a decedent’s tax exemptions; (2) identifying who is • Specific bequests of up to one-third of will and receive one-half of the decedent’s entitled to receive what property and in the property distributed as the decedent estate, if the decedent left no surviving what proportion (instead of letting state sees fit, including to individuals who children, or one-third of the decedent’s law decide); and (3) avoiding the cost share no blood relationship with the estate, if the decedent left surviving chil- of a court-supervised probate estate. See decedent (e.g., to charitable organiza- dren, in addition to all property of which generally Pierro, Schaeffer & Connor, tions or friends); the surviving spouse was a joint owner. 755 LLC, Estate Planning Guide 2015, at 1. • Distributions of the remaining two- ILCS 5/2-8. Moreover, surviving spouses Muslims have an additional motivation for thirds of the property as mandated by and children are allowed a “spouse’s award” executing a will: it is mandated in Islam, Sharia law. or “child’s award,” respectively, from a regardless of one’s socioeconomic status or The distributions mandated by Step 4 decedent’s estate, which also may defeat the sect. The Prophet Muhammad emphasized depend on who survives the decedent and decedent’s efforts to fulfill his or her obliga- the former when he stated, “It is the duty the gender of those survivors. The distribu- of a Muslim who has anything to bequest tion mandated for a husband who passes not to let two nights pass without writing away leaving a mother, a wife, a daughter, a will about it.” Sahih Al-Bukhari (collec- and a son, for example, would vary greatly Opinions of Counsel tion of sayings from the Prophet), Hadith from a wife who passes away leaving behind for Delaware Special No. 2738, available at http://sunnah.com/ a father, a husband, a daughter, and a son. Purpose Entities and bukhari/55. Distributions under Sharia law can thus be for Pennsylvania, New Further, both Sunni and Shia Mus- complicated depending on the survivors. Jersey and D.C. Real lims have established laws of inheritance. State statutes govern when a Muslim Estate Transactions Although much of the legal scholarship to (or any person) dies without a will. But date has focused on the Sunni (majority these statutes are incompatible with Sharia We provided the Delaware special purpose entity opinions sect) laws of inheritance, recent publica- law. Imagine a husband passing away with for 55 real estate loans in 2014. tions have also begun to analyze the Shia $300,000 of probate assets without a will (minority sect) laws of inheritance. See, e.g., (known as intestacy), leaving behind a Our firm’s attorneys are also licensed in Pennsylvania, New Shahbaz Ahmad Cheema, Shia and Sunni wife, two kids (a son and a daughter) and a Jersey, the District of Columbia, Laws of Inheritance: A Comparative Analysis, mother. Under Illinois law, the wife would and Washington. Pak. J. Islamic Research (2004), available receive one-half of the estate, or $150,000, at http://www.bzu.edu.pk/PJIR/vol10/ in addition to all property of which she is Law Offices of Eric eng%206%20Shahbaz%20Cheema%20 a joint owner (such as the marital home A. Heinz, P.C. and bank accounts). 755 ILCS 5/2-1(a). 04-11-13.pdf (comparative analysis of 1835 Market St., Suite 1215 Sunni and Shia laws of inheritance with a The children would share the remainder Philadelphia, PA 19103-2912 focus on the latter). Although the focus of in equal parts. The decedent’s mother (215) 979-7601 this article is Sunni laws, these same prin- would receive nothing, because Illinois law [email protected] ciples apply to the drafting of wills under does not permit parents to receive a share www.heinzlaw.com Shia laws. where the decedent is survived by his or her spouse or children. 755 ILCS 5/2-1(e). Passing away without a will thus results in

CBA RECORD 39 YOUNG LAWYERS JOURNAL

tion in Islam. 755 ILCS 5/15-1 and 2. in the definition of a decedent’s “estate.” Pro Bono Support This outcome begs the question: how See Johnson v. La Grange State Bank, 73 Ill. can a Muslim fulfill both state and Sharia 2d 342, 364 (1978). Accordingly, Muslims Areyoulookingforaprobonoopportunitythat mandates through estate planning? can place their assets in trusts to ensure a fits your skills, interests and availability? The distribution that comports with Sharia law. CBF Pro Bono Support Program is here to help Trusts and Other Estate Planning Devices Individuals should seek competent legal connect you to meaningful pro bono volunteer The answer lies in the creation of trusts and counsel in addition to Islamic scholars to other estate planning documents. A trust is opportunitiesthatareagoodfitforyou.Tolearn draft wills, trusts and other estate planning a fiduciary arrangement that allows a third more about potential volunteer opportunities, documents. Doing so ensures that a dece- party (trustee) to hold assets on behalf of a dent can rest knowing they have fulfilled viewourProBonoOpportunitiesGuideatwww. beneficiary (such as the heirs). Black’s Law an Islamic mandate, complied with state chicagobarfoundation.org/resources/pro-bono. Dictionary 1740 (10th ed. 2014). Trusts law and met their family’s needs. Contact Angela Inzano at the CBF Pro Bono are flexible instruments that specify how [email protected] much and when certain assets should pass to the beneficiaries. See generally 760 ILCS Furqan Mohammed is an associate in the 312/554-4952forassistancegettinginvolvedor 5/1 et seq. Other estate planning vehicles, Chicago office of Perkins Coie LLP. Furqan for hard copies of the Guide. such as family limited partnerships, can has a broad litigation and counseling back- also be used for a similar purpose. ground and he helps companies and start-ups In Illinois, trusts have the added ben- that focus on halal, Muslim-centric and/ efit of preventing a surviving spouse from or Sharia-compliant products and services. circumventing a decedent’s wishes. As Lucy Park, a partner in the Chicago office of described above, a surviving spouse may Perkins Coie LLP, is an estate planner who renounce a decedent’s will and take his or advises couples and families, as well as fidu- Nielsen Career her statutory “elective share” against the ciaries and beneficiaries, on the administra- tion of trusts and decedents’ estates, probate decedent’s estate. 755 ILCS 5/2-8. How- Consulting and pre- and post-mortem estate planning. ever, Illinois does not include trust assets

Career Counseling The Judicial Perspective on Motion Practice For Attorneys Wednesday, October 21, 3:00–6:00 pm MCLE Credit: 2.75 IL PR-MCLE credits (subject to approval) Location:The Chicago Bar Association, 321 South Plymouth Court, Chicago, IL Strategies and support for your career in or out of the Presented by:YLSTort Litigation law A panel of three experienced Cook County judges will address various aspects of litigating a lawsuit from pleadingtotrialpreparationandsettlement.Thepanelistswillalsodiscusstheirperspectivefromthebench, • 30 Years of Experience offeringpointersandcommonpetpeevesfornewandexperiencedlawyersalike.Thesepanelistswilldiscuss • Over 3500 Clients GeneralPleadingIssues,DismissalforLackOfDiligence(SCR103(b)Motions), AmendingPleadings/Relation Back Doctrine, Motions to Dismiss: 2-615, 2-619, Common Discovery Disputes/Privileges (Scope, Motions Sheila Nielsen, MSW, JD to Compel, Social Media), Settlement of Minor/Disabled Person’s Injury/Wrongful Death Suit, and Appeals of Partial Final Judgments (SCR 304) and Certified Questions/Interlocutory Appeals (SCR 308)

The Park Monroe Speakersinclude:JudgeLarryG.Axelrood,LawDivision,CircuitCourtofCookCounty;JudgeJohnH.Ehrlich, 65 E. Monroe St., Ste. 4301 Law Division, Circuit Court of Cook County; JudgeWilliam E. Gomolinski, Law Division, Circuit Court of Cook Chicago, IL 60603 County; and Moderators Matthew Howeth, Curcio Law Offices; Chair, YLS Tort Litigation Committee; and (312) 340-4433 PeterNozicka,Lucas&CardenasandJamesGay;Vice-Chairs,YLSTortLitigationCommittee.MegLedebuhr, www.nielsencareerconsulting.com Berger Schatz; Chair, CBA Adoption Law Committee; and Barbara Sereda, President, Adoption Advocates of America;Vice Chair, CBA Adoption Law Committee.

40 SEPTEMBER 2015 CBA membership is now more valuable than ever! At $150 a plan year, the CLEAdvantage allows you to save time and money in meeting your MCLE requirements. Unlimited CLE for Only $150! ANYTIME, ANYWHERE

100’s OF SEMINARS + WEBCASTS www.chicagobar.org IN-PERSON ONLINE ON DEMAND

Save on Minimum Continuing Legal Education Costs with The Chicago Bar Association’s Unlimited* CLE Plan – the CLEAdvantage. It’s a simple and cost effective solution for CBA members. For $150 a plan year, you will receive:

In-person Access to CLE Free CLE DVD attendance at an Webcasts at rentals unlimited number www.chicagobar.org from the CBA of CLE and YLS *Both live and archived Legal Bookstore seminars receive seminars Illinois MCLE

Members also receive: Free Monthly Seminars with MCLE Credit! • Free Illinois MCLE credit for attending in-person or live Webcasts of CBA and Young Lawyers Section committee meetings that qualify for credit. No extra fees to join committees or attend noon-hour meetings!

• Individual member access to a personal MCLE credit history report at www.chicagobar. org that enables members to track both CBA and non-CBA sponsored CLE.

To join the CBA or the CLEAdvantage Plan visit www.chicagobar.org Non-members call: 312-554-2133 • Members call: 312-554-2056 *See complete CLEAdvantage program terms and conditions at www.chicagobar.org. Some restrictions may apply. Plan available to CBA members only. The CBA is an approved provider of MCLE in Illinois. For information on Illinois MCLE requirements, visit www.mcleboard.org. John Levin’s Ethics columns, LEGAL ETHICS which are published in each CBA Record, are now in- BY JOHN LEVIN dexed and available online. For more, go to http://johnlevin.info/ Legal Activism and Client Relations legalethics/.

In the course of day to day business, lawyers the reform may affect the interests ETHICS QUESTIONS? may be asked to do things, which–though of a client of the lawyer. When the completely legal and permitted by the lawyer knows that the interests of a The CBA’s Professional Responsibility Commit- Rules of Professional Conduct–conflict client may be materially benefited tee can help. Submit hypothetical questions to with the lawyer’s personal ethical stan- by a decision in which the lawyer dards or beliefs. It does not take too much participates, the lawyer shall disclose Loretta Wells, CBA Government Affairs Direc- imagination to think of several examples. that fact but need not identify the In most cases, the lawyer can simply refuse client. tor, by fax 312/554-2054 or e-mail lwells@ to handle such matters. But sometimes the Comment 1, however, contains the chicagobar.org. pressure of business may require that the caveat that “[i]n determining the nature lawyer, or members of the lawyers’ firm, and scope of participation in such activi- deal with these issues. ties, a lawyer should be mindful of “involved in organizations seeking law The question I want to address is:to obligations to clients under other Rules, reform generally do not have a client- what extent may a lawyer ethically advocate particularly Rule 1.7.” lawyer relationship with the organization.” for issues of law reform that may conflict So the general rule seems to be that So it is unlikely that mere involvement with with the interests of clients? (But first, a a lawyer is permitted to engage in law a law reform group will create a conflict lawyer need not be concerned under the reform activities that may conflict with a under Rule 1.7. Rules simply because he or she does not client’s interests unless the Rules otherwise However, what if there is more agree with a client. Illinois Rule 1.2(b) prohibit such activities. So where do you activity? Here the Comments to Rule states: “A lawyer’s representation of a client, draw the line? 1.7 plunge the lawyer into a grey area. including representation by appointment, Some issues are clear. Under Rule 1.6, Somewhere in that grey area is a line does not constitute an endorsement of the a lawyer cannot “reveal information relat- past which involvement with law reform client’s political, economic, social or moral ing to the representation of a client unless activities may create “a significant risk views or activities.”) the client gives informed consent”. So that a lawyer’s ability to consider, recom- As an example, can a lawyer be active in there can be no telling of tales. [See also mend or carry out an appropriate course the Sierra Club and represent coal mining Rule 1.8(b), Conflict of Interest: Current of action for the client will be materially interests at the same time? Illinois Rule 6.4, Clients, prohibiting using information limited as a result of the lawyer’s other Law Reform Activities Affecting Client relating to the representation of a client.] responsibilities or interests.” In that case Interests, directly addresses the question. Other issues are harder. Rule 1.7, the there might be a prohibited conflict. In Rule 6.4 states: general prohibition of conflicts of interest, such a situation the lawyer should read A lawyer may serve as a director, states that “a lawyer shall not represent the Rules and Comments carefully and officer or member of an organization a client if the representation involves a come to a reasoned decision. involved in reform of the law or its concurrent conflict of interest.” However, administration notwithstanding that Comment 1 to Rule 6.4 states that lawyers RESOURCE PORTAL FOR SOLO PRACITITONERS AND SMALL FIRMS John Levin is the retired Assis- tant General Counsel of GATX Did you know that the CBA has a FREE resource portal for solo small firm members? Access archived pro- Corporation and a member of grams on firm marketing, start up tips, legal software demos, client development and more. Go towww. the CBARecordEditorial Board. chicagobar.org, click on the Resources tab, then Solo Small Firm Resource Portal, or call 312/554-2070.

42 SEPTEMBER 2015 product liability settlement. After a hearing on both motions, the circuit court granted ETHICS EXTRA both the motion to substitute Matthew Robison as the plaintiff and the motion to enforce settlement. The defendant appealed. BY BRANDON DJONLICH Plantiff, Defendant and Court In its opinion, the appellate court stated, SETTLEMENT NEGOTIATIONS & ETHICS VIOLATIONS “In every suit, there must always be a plain- tiff, a defendant, and a court. An attorney’s Two Attorney Wrongs Don’t Make a employment and his authority are revoked by the death of his client, and an attorney Right cannot proceed where he does not repre- sent a party to the action.” Additionally, “Generally, the attorney-client relationship hen negotiating a settlement, On November 7, 2013, Smith drafted is terminated by the death of the client, and Wdoes failure to disclose the and sent a settlement agreement and gen- thereafter, the authority of the attorney to death of the plaintiff constitute eral release to Gilbreth. On November 15, represent the interests of a deceased client a legal ethics violation? When plaintiff’s 2013, Gilbreth drafted and tendered an must come from the personal representa- counsel fails to disclose the death of his amended version of the proposed release to tives of the decedent.” client, is defense counsel obligated to Smith. In an e-mail explaining the change, The court stated that when Randy report this legal ethics violation to the Gilbreth stated that his client, Randy Robison, died on January 20, 2013, the Attorney Registration and Disciplinary Robison, had passed away, and his son, product liability lawsuit had no plaintiff of Commission (ARDC)? When defense Matthew Robison, had been appointed record. Since a lawyer cannot act on behalf counsel fails to report this ethics viola- as the personal representative of the estate of a dead client, Gilbreth had acted without tion, is he now subject to discipline? The in August 2013. As a result, Gilbreth was any authority. However, the cause of action Appellate Court of Illinois answers “yes” seeking consent to substitute the son, survived the original plaintiff’s death, and, to all three questions. Robison v. Orthotic Matthew, as the plaintiff. The November in this case the son could substitute as & Prosthetic Lab, Inc., 2015 IL App (5th) 15, 2013, e-mail was the first time that plaintiff for his father. 140079. Smith and defendant learned of plaintiff’s Moreover, from Randy Robison’s death In 2008, Randy Robison filed a prod- death. Smith received this e-mail about two on January 20, 2013, to when the circuit uct liability action against Orthotic & months after the settlement negotiations court granted the motion to substitute Prosthetic Lab, Inc., alleging its defective had, in theory, ended. Matthew as plaintiff on January 21, 2014, prosthesis had caused him severe injuries. Smith e-mailed Gilbreth, on November there were 365 calendar days during which Anthony Gilbreth, of Crowder & Scog- 18, 2013, asking if his failure to disclose the case had no plaintiff. Therefore, for gins, Ltd. represented Robison. James his client’s death was an “unfortunate 365 days, Gilbreth represented no persons Smith, of Greensfelder, Hemker & Gale, oversight” or if he had intentionally with- involved in this cause of action. More P.C. represented Orthotic. In September held this material fact during settlement importantly, during the September 2013 2013, settlement negotiations com- negotiations. Gilbreth responded that the settlement negotiations, Gilbreth repre- menced. On September 19, 2013, Smith firm’s legal research had indicated he had sented no party to the product liability made a final settlement offer to Gilbreth. no affirmative duty to disclose his client’s lawsuit. Gilbreth argued on appeal that On September 24, 2013, Gilbreth e-mailed death, and he had believed disclosing the he had represented his client’s best interest the following acceptance: “My client has death would not be in his client’s best inter- by not disclosing the client’s death, in that instructed me to accept [amount redacted] est. Therefore he argued that the rules of he had prevented an adverse effect on the in full and final settlement of this matter. professional responsibility dictated against settlement value of the case. He asserted Please provide an appropriate release and I his disclosing the client’s death. The follow- that his course of conduct was within the will present it to my client for review and ing day, Smith informed Gilbreth that the rules of professional responsibility. Unfor- approval.” settlement agreement was invalid because tunately for Gilbreth, the court found a material fact had been withheld, and him wholly wrong. The court stated, “We Brandon Djonlich is a 2015 his client opposed the substitution of the strongly disagree. We find that the argu- graduate of The John Marshall plaintiff. ments expressed by Gilbreth are specious Law School, where he was a As a result of the e-mail exchange, Gil- and incredible, and we are concerned about breth filed both a motion to substitute the Morrissey Scholar son as plaintiff and a motion to enforce the continued on page 49

CBA RECORD 43 cal platform, much less legal. Originally designed for Microsoft’s Legal and Cor- LPMT BITS & BYTES porate Affairs team, the Matter Center is a much needed “skin” to help lawyers take advantage of the SharePoint portal that is BY CATHERINE SANDERS REACH built into Office 365. As lawyers migrate to this new Office suite they may miss some great opportunities to add document man- MicrosoftOffice365–APowerBoostfor agement and collaboration, simply because SharePoint is a complex and occasionally Your Law Off ice difficult platform to customize. With cus- tomization for lawyers “out of the box” icrosoft Office 365 delivers While the traditional MS Office suite there will be faster and better adoption of Mmuch more than Microsoft made it possible to share documents via a these features. Instead of selling it directly, Office cloud apps and online network or email, the new MS Office 365 Microsoft is working with implementa- file storage. It ushers in new approaches expands those options to create a more tion partners to roll out Matter Center to in multiple areas: collaborative environment. For instance, customers such as All Covered and Kraft • Collaboration and file sharing via team you can create a MS Word document, and Kennedy, and they are also engaging with websites then save it to your Team Site to share with software partners such as LawToolBox, • Email and communications hosted in co-workers or outside counsel, enabled by NetDocuments and Workshare. the cloud SharePoint Document Workspace. Online • Lightweight, friendly cloud apps for “lite” browser apps let you simultaneously Microsoft Outlook at the Heart of Office 365 Word, Excel, PowerPoint and more or asynchronously edit a document, even Together with the Team Site powered by • New subscription pricing for Office 365 if the other party doesn’t have MS Word. SharePoint, MS Outlook is the heart of bundled with Office 2013 software Skype for Business (f/k/a Lync) gives the online/offline/anywhere experience in With Office 365, Microsoft is charting you the ability to share a document in real MS Office 365. MS Outlook is available a path into the future of computing. It time through the web to let others instantly online, on the desktop and via mobile offers a flexible hybrid approach to using view and collaborate. Skype for Business devices. MS Outlook houses voicemail, traditional, desktop MS Office software, also lets you send a document via instant email, calendar, reminders, contacts, tasks lightweight cloud counterparts, and file messaging, and initiate a quick chat. and integrates tightly with MS OneNote storage both locally and in the cloud. Tight integration of MS Outlook and Skype for Business. It also acts as Office 365 opens the doors to collaborating with MS Office 365 means your email “groupware” giving the whole office the in teams with clients, associates and others. program just became supercharged with ability to easily share and coordinate on Skype for Business’s collaboration func- deadlines, events, and communication. Collaborating with MS Office 365 tions. Instantly start a video chat or screen One of the most intriguing aspects of the share from an MS Outlook email. Features Pricing and Options for Office 365 new MS Office 365 is the integration of and functionality that were formerly only One can still purchase the Microsoft Office tools that allow a firm to take advantage found in enterprise installations can be had suite as traditional downloaded software of collaboration and sharing with people by any size firm, with little IT know-how. or pre-installed on a new computer. How- inside and outside the firm. Prior to Office ever, purchasing the Office suite without 365 this type of functionality was available Matter Center Office 365 is slightly more expensive and to firms via server applications like Lync, To truly get the best use out of Team Site restricted to a single PC. Office 365 adds Exchange, and SharePoint which involved a firm would be well advised to consider significant additional options with myriad significant expense and IT support. what they would like to be able to do and plans available through the platform. get help or training in order to design and While Office 365 has versions for home Catherine Sanders Reach is the configure a functional online space that use, the real strength for law firms is the Director, Law Practice Manage- meets their needs. While basic setup is Office 365 business plans. With Office self-explanatory, someone with SharePoint ment & Technology at the CBA. 365 Business Essentials, subscribers—up experience can create a remarkably robust to 300 users—get access to the Office web Visit www.chicagobar.org/lpmt collaborative platform in little time. applications, including online file sharing, for articles, how-to videos, Now, Microsoft is rolling out Matter web conferencing, “business class” hosted upcoming training and CLE, Center. This is big news. While it is still email and a public website. At $6 per user services and more. being rolled out, this is one of the first per month (or $60 per user per year), this times Microsoft has focused on a verti- option works well for small firms that

44 SEPTEMBER 2015 Wanttolearnmore?Watchthewebcastarchive CLE from July 16 “MS Office 365: Improve Your The Chicago Bar Association Firm’s Collaboration and Productivity” and Law Practice Management & Technology Division watch for forthcoming How To… and Hands LPMT On programs from LPMT. Save on law practice management and technology tools with Save! already have current (i.e., Office 2010 CBA membership: or 2013) software suites and want to add cloud functionality. Citrix ShareFile The next Office 365 subscription option Citrix ShareFile is a cloud-based storage service offering fast, is the Office 365 Business, also for 300 easy and secure ¿le sharing on any device anywhere. Members users or less. This plan adds the installed now receive a 10% discount for life with ShareFile, as well as a free 30-day trial, live one-on-one web demo, and 24/7 customer support via phone or email. To save time desktop version of Microsoft Office for up and money, use Citrix ShareFile. Click to learn more and get the discount visit http:// to five Windows PCs or Macs per user and sf-mktg-pages.share¿le.com/Chicago-Bar-Association-LP.html or call 800-441-3453. includes Word, Excel, PowerPoint, One- Note, installations but does NOT include TheFormTool Pro MS Outlook and the hosted Exchange, Get the easiest to use and most powerful document assembly software in the world. TheFormTool PRO uses your documents created with Word with Skype for Business or Yammer. This for Windows to build truly intelligent forms that can automatically make their own package is priced at $8.25 per user/month perfect drafting decisions. TheFormTool PRO installs in less than a minute and annually, or $10 per user per month for a the average user is up and running, producing real documents, in less than ten. CBA members save 15% off our already amazingly low $89 price for a lifetime monthly commitment. This is likely the license with discount code CBA921MA at www.theformtool.com/links/chicago-bar- right fit for firms who use email andweb association or call 866-311-6000. conferencing through another provider like Gmail and Google Hangouts. LegalConference.com The next Office 365 subscription option LegalConference bundles document sharing/real time editing is the Office 365 Business Premium, also with video for attorneys and other professionals. There is no software download and it provides a con¿dential and secure based ¿le system which for 300 users or fewer. This plan adds the integrates on demand videoconferencing. CBA members are eligible to receive installed desktop version of Microsoft a 30% annual discount on all LegalConference.com subscriptions. Go to https:// secure.legalconference.com/referral/chicagobar.aspx or call 800-529-5121. Office for up to five Windows PCs or Macs per user and includes Word, Excel, PowerPoint, Outlook, OneNote, Publisher, MyCase MyCase is the premier all-in-one web-based legal practice Access and Skype for Business. It also management software that offers features that seamlessly includes all the online functionality of the cover all the daily functions that a modern solo and small law ¿rm requires. With this cloud-based software, lawyers can work from anywhere at any time signi¿cantly Business Essentials plan plus Office Mobile increasing productivity. MyCase is priced at $39/month for attorneys and $29/month for iPhone and Android and site mailboxes for paralegals and support staff, and CBA members receive a 10% lifetime discount. for project-specific email and documents. Visit http://bit.ly/ChicagoBarAssoc for a 30 day free trial or call 800-571-8062. This option costs $15 per user per month (or $150 per user per year). Nextpoint What about Macs? Purchasers of the Nextpoint puts all your evidence in one place, so you can do what you do best: litigate. Over 200 law ¿rms nationwide trust Office 365 Business Premium plan can Nextpoint to give them complete command of their evidence in critical matters of choose to install Office 2011 for Mac run- litigation including eDiscovery collection and document review, evidence production, and trial preparation. CBA members are eligible to receive a 10% annual discount ning on Mac OS X 10.6 or later. The Office on all Nextpoint subscriptions. Visit www.nextpoint.com/chicagobar or call 888-929- 365 Business Premium plan will work with NEXT to get started today. Outlook 2011 and 2008 for Mac. The col- laboration features are all available through Rocket Matter any browser; however, some functionality Rocket Matter is a total legal practice management cloud- in the Team Site (SharePoint) online is vis- based platform of choice for thousands of law ¿rms. Imagine running your law of¿ce on a Mac, PC, iPad or Droid. Rocket ible only in Internet Explorer. In Windows Matter supports trust account management, time keeping, the IE Tab extension for Chrome or Firefox legal billing, case management, calendaring, document and matter management, client portal, and more. CBA members receive a 15% lifetime discount on a Rocket remedies that, but IE Tab is not currently Matter month-to-month subscription. Visit www.rocketmatter.com/CBA or call 877- available for Chrome for Mac. 785-8981 to learn more.

CBA RECORD 45 APERSONOFINTEREST A PERSON OF INTEREST “A Person of Interest” is the CBA Record’s attempttoacquaintyouwithsomeonewethink BY PAMELA S. MENAKER you will enjoy getting to know. If you have an ideaforsomeoneweshouldfeature,we’dloveto Getting to Know…Irving Stenn, Jr. hear from you! Send an email to publications@ chicagobar.org.

abstract. It’s the less is more kind of thing with lines and circles and diagrams,” Stenn explained. From prints, they expanded to collecting painting and sculptures until the house was filled. “They were very modest about their collection,” said Mark Pascale, curator of the Art Institute’s department of prints and drawings who Stenn befriended more than 15 years ago. After Marcia passed away in 1999, Stenn began to focus on collecting drawings on paper “because he was drawn to works that had an organic connection in style and content,” Pascale said. But after spending years and years ow many lawyers get to pursue every one of them is unique. They also collecting and appreciating these unique Htheir second passion in life? Irving appeal to me because they are the most raw pieces – there are no copies – Stenn decided Stenn, Jr., is doing just that. visualization of an artist’s thought process.” to gift the entire collection to the Art After practicing law for more than 50 After graduating from the University of Institute so that others could appreciate years, Stenn has been able to take time Michigan and then receiving his law degree these drawings. And with “this significant now in his golden years to travel the world there in 1955, Stenn, 82, started out as a gift, the museum’s holdings of artists who collecting modern art. And now he’s into Cook County Assistant State’s Attorney worked between World War II and the giving it away. before leaving to form his own firm with present has changed. Its strength and In what has been called one of the most friend, Robert J. Cooney to handle per- depth has filled in a lot of gaps for the Art generous donations to the Art Institute of sonal injury work. Stenn and his late wife Institute of Chicago,” Pascale said. “What Chicago, Stenn donated his entire collec- Marcia began collecting art when they is particularly interesting is that Irv stud- tion of 105 drawings that will rotate with bought an old Victorian house in 1968 ied each artist and made it a point to get other permanent collections. in Lincoln Park. Their first thought was significant seminal work.” “I wanted to make this donation so to tear it down because the neighborhood As Stenn puts it, “I wanted art that was that everyone could enjoy and appreciate then had not yet gentrified. historically important, what each artist did this very particular area of art that often “Instead, we saw the beauty in this at first. I wanted his original idea.” And the goes unnoticed,” Stenn said. “Drawings grand old 4,000-square foot house with public’s reaction to the collection that has on paper is a very intimate art form. And 12-foot ceilings and we did a total rehab been added to the permanent gallery has with architect Harry Weese that took three been very positive, Pascale said. years,” Stenn said. They transformed it into “The collection of 105 contemporary Pamela S. Menaker is Commu- a contemporary 1960s look with expansive drawings by a who’s who of contemporary nications Partner at Clifford white walls that needed something more. artists offers a window into an era when Law Offices and a member And it was there that the couple’s fondness artists reconsidered and reinvented the for art began. medium of drawing,” Pascale said. “We of the CBA Record Editorial They started with a Frank Stella print, are very appreciative of Irv’s generosity and Board. “River of Ponds,” a lithograph that was commitment to the public to learn about an example of minimalist art. “It’s not this important artistic era.”

46 SEPTEMBER 2015 Exclusively for CBA ™ Members

The Illinois Institute for Continuing Legal Education (IICLE®)’s automated forms solution Formulaw, powered by TheFormTool PRO, presents a free offer for members of The Chicago Bar Association.

Three Illinois forms were specially selected from the IICLE® Online Library and automated to work with TheFormTool PRO:

• Simple Engagement Letter • Termination of Representation Letter • Separation of Employment and Release Agreement

The forms, editable in Microsoft Word for Windows, are yours to keep at no extra charge. After a six-week trial, you can purchase the TheFormTool PRO at a special CBA member rate of $76. Visit www.theformtool.com/chicago for more information and to download your package.

Get 6 weeks of TheFormTool PRO COMPLETE TH for FREE plus 3 FREE IICLE® Forms! FORMS WI THE CLICK OF For more information, visit A BUTTON www.theformtool.com/chicago to bug the chambers of Judge Wayne Olson, the first time a judge’s chamber had SUMMARY JUDGMENTS been wired to pick up potential corruption. Over the next three years, Hake would tape hundreds of conversations and make REVIEWS, REVIEWS, REVIEWS! numerous payoffs as well as receive money from defense lawyers. He would turn it all over to the FBI. He also had an alert Justice and Corruption in Chicago system for the FBI and kept a log of who went into Olson’s chambers to be able to in the operation, Terrence Hake, with the match voices with people. Shortly after assistance of author Wayne Klatt,published going undercover, Hake moved to the the latest tome on the subject, Operation defense side, setting up a fake law firm with Greylord: The True Story of an Untrained a partner. He exposed himself to dangerby Undercover Agent and America’s Biggest virtue of his undercover work, learning at Corruption Bust. Hake was a prosecutor times that people expressed desire to harm in the State’s Attorney’s Office in 1980, him if he turned out to be the mole. three years out of law school. Disgusted From 1984 to 1993, Hake testified at by what he witnessed in the criminal the trials of 23 Greylord defendants. Three courts, Hake approached his mentor in judges committed suicide after their alleged the State’s Attorney’s Office to complain corruption came to light. Seventeen judges “about the case fixing in the murder, rape, were indicted and 15 convicted. More and child molestation court in Chicago.” than 100 attorneys, court personnel and (The bench-trial acquittal of hit man others were indicted and the vast majority Operation Greylord: The True Story of an Harry Aleman in a murder where a neigh- were convicted. The operation also led to Untrained Undercover Agent and America’s bor definitively identified Aleman as the substantial reforms in the Cook County Biggest Corruption Bust shooter was one of the triggers for Hake’s Courts system. By Terrence Hake and Wayne Klatt disgust.) Operation Greylord is billed as Recently, Hake was again sworn in ABA Publishing, 2015 “the first inside account of the takedown.” as a State’s Attorney, “living the dream I In April 1980, after Hake had made had just out of law school.” He currently his initial complaint to his superiors at works in Felony Review. At the time of the State’s Attorney’s Office, he was told to Greylord, Hake was not sure his dream Reviewed by Daniel A. Cotter appear at the FBI offices downtown. There, would become reality, noting, “Dan Reidy he met with Assistant U.S. Attorneys told me when I agreed to work undercover umerous books over the last 15 Charles Sklarsky, Scott Lassar and Dan that I would never be able to practice law Nyears have been written about Reidy (the “architect of Operation Grey- again in Cook County.” Operation Greylord. Reporters, lord”). They interviewed Hake extensively The book is a must-read for everyone a judge (Brockton Lockwood) and a mob to determine if he was a good candidate to to understand the corruption that was in lawyer turned mole (Robert Cooley) have go undercover and to assess his honesty. At the Cook County Court system and the all published their accounts. In August one point during the interview, Sklarsky magnitude of this investigation that was 2015, one of the main undercover lawyers informed Hake, “We’re not only after the unprecedented in its scope. Hake deserves fixers. We want the judges. There’s never much gratitude for risking his personal been a judge in Cook County who’s been safety and future by agreeing to go under- Daniel A. Cotter is a Partner convicted while still on the bench.” cover to ferret out corruption in the Cook at Butler Rubin Saltarelli & Hake began to wear a wire and to find County Courts system at the time. Thanks Boyd LLP, where he chairs entrée points into the corruption by judges, to him and others involved in Operation lawyers and fixers in the criminal courts. Greylord, the system is stronger. the Insurance Regulatory and He became friends with Jim Costello, a Transactions practice. He is a criminal defense attorney with a reputation member of the CBA Record as a lawyer who had bribed judges for favor- able rulings. Costello made introductions Editorial Board and Immediate and established connections for Hake. Past President of the CBA. Based on interactions with Costello and others, a wiretap authorization was issued

48 SEPTEMBER 2015 Ethics Extra 9, 2013, and the motion to substitute the continued from page 43 son as plaintiff being granted on January WHAT’S YOUR OPINION? 21, 2014, Gilbreth had erroneously led his professional judgment in this case.” defense counsel to believe he represented Send your views to the CBA Record, 321 The court further explained that the the plaintiff and had authority to settle the SouthPlymouthCourt,Chicago,IL60604.Oryou plaintiff’s death was a material fact, because lawsuit. Consequently, the appellate court [email protected] plaintiff’s continuing pain and suffering held that the circuit court had erred in was no longer a factor in the settlement granting the motion to enforce settlement. magazine reserves the right to edit letters prior value of the case. Gilbreth had wrong- The judgment was vacated and the case was to publishing. fully and intentionally concealed this fact remanded. from defense counsel. Additionally, Smith The appellate court next turned its committed a violation of… Rule 8.4(c) argued that Gilbreth knew of his client’s attention to the scenario between Gilbreth shall inform the appropriate professional death well before the settlement negotia- and Smith regarding a breach of the Illinois authority.” The court concluded that tions. On July 9, 2013, Kathie Blackman Rules of Professional Conduct. See In re Smith’s knowledge of Gilbreth’s failure to Dudley, a colleague of Gilbreth and a fellow Himmel, 125 Ill. 2d 531 (1988). reveal the client’s death necessitated that attorney in the firm, had filed a petition Under Illinois Rule 8.4(c), “It is pro- Smith report Gilbreth to the ARDC. Thus for letters of administration, requesting fessional misconduct for a lawyer to... Smith’s “failure to report…constitute[d] a that Matthew Robison become the per- engage in conduct involving dishonesty, potential violation of Rule 8.3.” sonal representative of Randy Robison’s fraud, deceit, or misrepresentation.” The In light of both the Illinois Rules of estate. As a result of his client’s death court concluded that based on Gilbreth’s Professional Conduct and the attorneys’ before settlement, there was no plaintiff misrepresentations and material omis- actions in this case, the appellate court of record to accept the settlement, and sions, his actions “constitute[d] serious ordered that its opinion be transmitted to Gilbreth had no authority to negotiate or violations of Rule 8.4.” the Attorney Registration and Disciplin- accept any settlement. Despite knowledge Under Rule Illinois 8.3(a), “A lawyer ary Commission to determine if further of the plaintiff’s death on or before July who knows that another lawyer has disciplinary action was in order.

You Handle Million Dollar Deals Every Day.

How hard can your friend’s divorce case be? According to the ABA, “the failure to know or properly apply We work hard to give you the tools and knowledge necessary to the law” accounts for a large number of legal malpractice claims.* reduce your risk of a malpractice claim. We invite you to give us a The law, like most areas of business, has become more specialized. call at 800-422-1370 or go online at www.mlmins.com and find out Before engaging in an unfamiliar practice area, find a mentor who is for yourself what we mean when we say, “Protecting your practice is already practicing in that area, and learn the new area of practice. our policy.” At Minnesota Lawyers Mutual we don’t just sell you a policy. * American Bar Association Standing Committee on Lawyers’ Professional Liability. (2008). Profile of Legal Malpractice Claims, 2004-2007. Chicago, IL: Haskins, Paul and Ewins, Kathleen Marie.

800.422.1370 www.mlmins.com R Protecting Your Practice is Our Policy.

CBA RECORD 49 Office Services Showcase

This year, Illinois lawyers + law firms got back $1.7 Million

isbamutual.com 800 473-4722

Jason Lied 888.619.2023 [email protected] 140774

Landex Research, Inc. PROBATE RESEARCH MISSING/UNKNOWN ADVERTISE HEIRS LOCATED NO EXPENSE TO ESTATE If you would like to reach out to more than 22,000 Chica- Domestic & International Services for: Courts, Lawyers, Trust Officers, Administrators, Executors goland Lawyers with your message, try the CBA Record 1345 Wiley Road, Suite 121 for as little as $200 per issue. Schaumburg, Illinois 60173 Phone: 847-519-3600/800-844-6778 Fax: 800-946-6990 Contact Joe Tarin at www.landexresearch.com [email protected]

50 SEPTEMBER 2015 Security. It’s not always easy to find, but with The Chicago Bar Association, it could be right at your fingertips. The CBA sponsors a variety of Insurance Plans for you and your family…at very competitive prices.

Š Comprehensive Major Medical (Group and Individual) Š Group Term Life Š Lawyers’ Professional Liability Š Short-Term Medical Š Long-Term Care Š Disability Income Protection CBA Administrators, Inc. Š Dental Coverage 321 S. Plymouth Court Chicago, IL 60604 Before you’re caught without protection, Tel: 312.554.2075 call CBA Administrators today at 312.554.2075 for more information. Fax: 312.554.0312 >