Volume 30, Issue 6 February 2018 93045_DCBA-Brief-feb-Cover-2018.indd 1 1/17/18 3:32 AM 93045_DCBA-Brief-feb-Cover-2018.indd 2 1/17/18 3:32 AM The Journal of the DuPage County Bar Association www.dcbabrief.org Volume 30, Issue 6 Table of Contents February 2018 Join the crowd in Mesa, Arizona for President’s Trip 2018 Azam Nizamuddin Editor-in-Chief Brian Dougherty Associate Editor Editor’s Message Editorial Board 3 Anthony Abear Terrence Benshoof 5 President’s Message 34 I nBrief Annette Corrigan - By Terrence Benshoof Dexter Evans Peter Evans 35 Chief Judge Creswell’s Term Ends Raleigh D. Kalbfleisch on A High Note Timothy Klein - By Ted A. Donner Christopher J. Maurer James F. McCluskey 39 Get In the Swing of Things Articles Christine McTigue on the President’s Trip Clarissa R.E. Myers 8 The Illinois Collaborative Process Act: A Positive - By John Pcolinski Jane Nagle 41 March 30, 2018 Deadline to File Joseph K. Nichele Alternative to Litigation for Family Disputes John J. Pcolinski, Jr. - By Rachel Hernandez Petitions for DCBA Election of Jay Reese Officers and Directors Arthur W. Rummler 14 Fiduciary Investing: Seek Prudence, Not Performance 42 Lawyer to Lawyer Mentoring James L. Ryan Jordan Sartell - By William Hardesty Program Fulfills the New CLE David N. Schaffer Requirements Michael R. Sitrick 20 DCFS: How to Navigate the System - By Clarissa R.E. Myers Jolianne Walters Eric R. Waltmire - By Melissa Kuffel 42 DCBA Update - By Robert T. Rupp Jacki Hamler 24 An Overview of the History of General Contractor Liability 45 ISBA Update DCBA Liaison/Advertising and Evaluation of Current Trends - By Kent A. Gaertner - By Andrea Kmak Ross Creative Works 47 Legal Aid Update Graphic Design - By Cecilia Najera 30 Illinois Law Update Ross Creative Works 51 Classifieds - Editor Jordan Sartell Cover Concept & Photography 52 Where to Be in February Fuse Printing DCBA Brief February 2018 1 93045_DCBA-Brief-feb-Body-2018.indd 1 1/17/18 2:51 AM ARTICLES Genius, Leadership, and Emotional Intelligence By Azam Nizamuddin 2 DCBA Brief February 2018 93045_DCBA-Brief-feb-Body-2018.indd 2 1/17/18 2:43 AM From the Editor Genius, Leadership, and Emotional Intelligence By Azam Nizamuddin The other day, I was watching one of the leadership development called Emotional Azam (“Az”) Nizamuddin is few news shows I actually have time to view, Intelligence. General Counsel with the American Fareed Zakaria’s GPS 360. Fareed was Trust Corporation and Chief Com- interviewing Walter Isaacson, former CEO Author Daniel Goleman initially penned pliance Officer for Allied Asset of the Aspen Institute and prolific author of an essay in 1996 in the Harvard Business Advisors in Oak Brook, Illinois. biographies of such towering personalities as Review, which identified several character traits, Previously, he practiced commer- Benjamin Franklin, Albert Einstein, Leonardo which have been featured in successful leaders cial litigation and family law with large firms, small firms, and as a DaVinci, and Apple founder, Steve Jobs. The and entrepreneurs. He called this, emotional solo practitioner. He is an active gist of the interview was what makes a genius. intelligence. Using psychological training member of the DCBA, and serves In other words, what was so special about models, and surveys from senior managers of on the DCBA Business Law Sec- these luminaries? Was it innate talent or did corporate America, Goleman, and later other tion. He also serves on the ISBA some family or other experience lead them management experts, isolated five characteris- Corporate Law Section and pre- to their atmospheric success? Walter Isaac- tics for leadership success: viously served on the ISBA ARDC son concluded that what made these people Committee. He was appointed to so unique and successful was their creativity 1) self-awareness the Illinois Supreme Court Access to Justice Commission, Language and curiosity. For example, Steve Jobs loved 2) self-regulation Access Committee. He is also art and design, and not just the complexity of 3) motivation Adjunct Professor at Loyola Uni- software function or the guts of a computer. 4) empathy versity and frequently lectures 5) social skill on the intersection of law and While curiosity and creativity have their place religion. in business and even the law, when it comes Self-awareness means knowing one’s to conducting a corporate transaction such strengths, weaknesses, limitations, desires, as a merger and acquisition, or negotiating and capabilities. It refers to a personality that an executive employment agreement, or even can be honest with oneself, but also with oth- managing the corporate law department of ers to make sure that work and projects will be a multinational company, the goal is not to realized. Self-regulation means being able to demonstrate genius traits or to win at all cost. control one’s emotions during tense moments Rather, it is to obtain a desired commercial of work, or negotiation so that they do not and business outcome, which presumably hinder one’s judgment or conduct which may benefits both parties or the company. Hence, lead to a less favorable outcome. Most of us curiosity and creativity may not be sufficient. assume that a leader with motivation is a key In the business world, corporate leaders have ingredient to success. But motivation also is recognized that winning at all cost or focusing about having passion for the daily grind and squarely on the financial outcome regardless not just winning or success. As the former of the process or means is no longer sufficient- coach of the Green Bay Packers, Vince Lom- ly desirable. Today, companies look beyond bardi, once said, “in truth, I’ve never known a the balance sheet or stock price to determine man worth his salt who in the long run, deep quality of work, employee satisfaction, and down in his heart, didn’t appreciate the grind, leadership skills. These concerns have led the discipline.” We all know how competitive to a new focus in business management and (Continued on page 6) DCBA Brief February 2018 3 93045_DCBA-Brief-feb-Body-2018.indd 3 1/17/18 2:43 AM 93045_DCBA-Brief-feb-Body-2018.indd 4 1/17/18 2:43 AM President’s Message Lawyers in Love – Happy Valentine’s Day! By Gerald Cassioppi Gerald Cassioppi is the current Am I the only one who hears the screams, was retrieved from the U.S. Census Bureau’s DCBA President and is a Partner and the strangled cries of lawyers in love? 2014 American Community Survey (pre- with Momkus McCluskey Roberts - Lawyers in Love - Jackson Browne same-sex marriage), which covers 3.5 million LLC, in Lisle. He counsels busi- households. nesses, not-for-profits and gov- Wow! Tell me again why I liked this song, other ernment entities. He received his than it just happened to mention lawyers? It turns out that most lawyers marry other law and undergraduate degrees What attracts individuals to a legal career and lawyers. But for those not married to another from the University of Illinois, is also a CPA and is active in com- who seeks out a life partner of someone in our lawyer, lawyer spouses tend to come from munity leadership, including the profession? I don’t know, but here are some equally educated and caring professions. The Naperville District 203 School thoughts that were floating around on the data show schoolteachers, secretaries, man- Board and as DuPage County internet. agers, financial specialists, archivists, curators Ethics Commission Chairman. and museum technicians, convention and event Gerry was recognized as DCBA Among the attractions are earning poten- planners, dietitians and nutritionists leading Lawyer of the Year for 2012 and tial, prestige, opportunity to help others, among those chosen fields. also served as DCBA General intellectual challenge, diverse practice areas, Counsel and on its Board of Di- rectors. work environment, transferable skills, and So why do lawyers frequently tend to marry oth- developing and applying analytical reasoning er lawyers? (Because we’re picky?!) Lawyers do and critical thinking skills. Most attorneys frequently associate with other lawyers. Some will say they enjoy helping people solve their meet their future spouses in law school, others problems and enjoy the process of taking while working together for a bar association. people from scared and/or confused to happy Colleagues might try to match one up with and productive. single co-workers in their firm. Some other attorneys will say the best part of Long term, both spouses may have similar the job is being able to execute societal change backgrounds and work ethics. One spouse may and act as a resource for their finding a fair be likely to be understanding if the other has solution. More than just legal advice – these to work long hours. Interestingly, lawyer inter- clients need someone to guide them through marriage must be a good thing, as divorce rates the process with a high level of sensitivity and for lawyer only marriages are lower compared fight for what they are rightfully owed. to one lawyer marriages. As far as business attorneys, motivation is To finish on a positive note, with some unso- being involved in new projects that really are licited advice, proper prioritization of one’s people’s dreams that an attorney can play a personal and professional lives can provide for a part in helping come true. much brighter love life! Or as Mr. Browne also wrote: On the bright side, it is interesting to find out which lucky individuals manage to make it to Do what you can just to keep your love alive, the altar with an attorney-at-law.