Illinois state bar association December 2016 vol 22 no. 3 The Catalyst The newsletter of the Illinois State Bar Association’s Standing Committee on Women and the Law

Legal technology resources Legal technology resources for your practice for your practice 1 Proper use of preferred By Kimberley Crum Klein 1

Do you sometimes wonder how are released that are even better. Our busy we ever lived without those little mini- lives sometimes make it difficult to keep Chair column 4 computers that we all carry around in track of the vast number of new apps that our pockets and briefcases these days? are released constantly, so here is a list of a Hopefully by now you have found many few apps for both iPhone and iPad that can Letting go of guilt ways to use the incredible mobile power 5 help you with productivity in your legal of apps on your device to make your practice more efficient. The technology practice. (All of these are compatible with Upcoming CLE programs world moves quickly, so just when you get Apple products, but they may or may not 7 comfortable using one app, three new ones Continued on next page

Proper use of preferred gender pronouns

By Sarah D. Zigulich

While the English language is include the feminine and the feminine, the generally limited to two pronouns masculine.” Another common boilerplate denoting male and female subjects, is as follows, “Any word in the text of legal writing is even more inclusive and this Agreement shall be read as singular predominantly uses only the male gender or as plural and as masculine, feminine pronouns “he, him, his.” Most contracts or gender neutral as may be appropriate include language under headings such under the circumstances to carry out the as Interpretation and Construction of parties’ intent.” However, said provisions the Agreement that reads, “Unless the may soon be outdated due to the growing context of this Agreement otherwise clearly requires, references to the plural trend of gender neutral pronouns being include the singular and the singular, the used as preferred gender pronouns. plural and references to the masculine Continued on page 3 The Catalyst ▼ December 2016 / vol 22 / no. 3

Legal technology resources for your practice Continued from page 1 The Catalyst

Published at least four times per year. be available on other platforms.) organization subfolders within each case, Annual subscription rates for ISBA just like a paper file. When you’re in the members: $25. Slack—This is a group collaboration middle of trial you have all of your exhibits To subscribe, visit www.isba.org or call tool that has the tech world buzzing. It at your fingertips within the app and can 217-525-1760. works by allowing you to create what it bring them up and display them in the OFFICE calls “channels” that your team or group courtroom as needed. Illinois bar center can access to communicate and collaborate 424 S. Second Street on projects. You can also create private Springfield, IL 62701 TranscriptPad—This is an excellent PHones: 217-525-1760 OR 800-252-8908 channels if you have sensitive information app for any attorney who uses an iPad and www.isba.org to which you only want a few people to works with transcripts. In fact, if you are EDITORS have access. The app allows you to share drowning in transcript documents this Cindy G. Buys files, pictures, documents, spreadsheets, might be a lifesaver for you. You can use Kelly Thames Bennett and any other electronic information with MANAGING EDITOR / PRODUCTION it to review transcripts and you can carry Katie Underwood the group. The app syncs with Google every transcript with you at all times within  [email protected] Drive and DropBox as well as other the app. It allows you to organize cases in STANDING COMMITTEE ON WOMEN document storage services. You can use folders and then to store transcripts within AND THE LAW it on your phone, tablet, or computer so those case folders so that you can find what Julie A. Neubauer, Chair it is available no matter where you are. Melissa M. Olivero, Vice Chair you need easily and quickly. As you are Lori G. Levin, Secretary There is a free basic plan that you can use reading, you can highlight key sections or Emily N. Masalski, Ex-Officio to see how it works, and then there are Geri L. Arrindell answers in various colors if you want to use Staci L. Balbirer various paid plans if you need something a color-coding system, and you can flag Hon. Patrice Ball-Reed more robust or more extensive features. Jennifer L. Brackett certain answers or pages to return to them Cindy G. Buys This app allows multiple attorneys and/or easily. You can even code certain issues as Tracy D. Douglas support staff to collaborate on a file and to Veronica L. Felton Armouti you read and then generate a code report Emily Ann Hansen communicate with one another about the within the app that gives you a list of those Michele M. Jochner project all in one place. You can even make Jennifer Lynn Kobayashi issues to review or to concentrate on. Hon. Pamela E. Loza a client a user if you have a situation where Margaret A. Manetti you need to collaborate and communicate PDF Reader App—Some type of Jessica C. Marshall Rebecca B. Melzer with the client. (As an aside, it is a good PDF document app is a must-have for Sherry A. Mundorff idea to be aware of this app when you are any lawyer in any type of practice. The Margaret A. O’Sullivan Mary F. Petruchius conducting discovery, as it could hold PDF file format is ubiquitous now, and Kristen E. Prinz relevant documents and communications you must have a way to interact with it. Alice L. Sackett Kelly Thames Bennett just as email or a hard-drive can.) There are several good apps available in Shira D. Truitt the app store for all different platforms Erin M. Wilson TrialPad—This is a powerful and Melissa Burkholder, Staff Liaison and devices. My long-time favorite is PDF Bridget C. Duignan, Board Co-Liaison sophisticated app for trial presentations. Expert, but GoodReader and iAnnotate Hon. Elizabeth M. Rochford, Board Co- You can use this to present evidence to Liaison are both excellent programs as well. These Annemarie E. Kill, CLE Committee Liaison a judge or jury without having to use robust apps allow you to work with PDF expensive presentation software on a documents just the way you would if they computer. You can run it from your iPad were pieces of paper in front of you, but Disclaimer: This newsletter is for subscribers’ personal use only; redistribution is prohibited. so it is easy to use with a little practice with a seemingly infinite number of tools. Copyright Illinois State Bar Association. Statements and generally user friendly. You can make or expressions of opinion appearing herein are You can use them to highlight text in those of the authors and not necessarily those of the presentations to a group by connecting numerous ways or you can fill in blanks on Association or Editors, and likewise the publication of any advertisement is not to be construed as an a projector or TV. The app contains a forms. You can use the app to have a client endorsement of the product or service offered unless it is specifically stated in the ad that there is such feature called “Callout” which allows you sign a document, and you can store your approval or endorsement. to enlarge certain sections of text for a own signature as a stamp within the app Articles are prepared as an educational service to members of ISBA. They should not be relied upon as jury or audience to view on a screen or to sign documents. The apps have stock a substitute for individual legal research. projector. You can then manipulate that stamps available or you can create custom The articles in this newsletter are not intended to be text with highlights or notes or animation stamps that say anything you want them to used and may not be relied on for penalty avoidance. Postmaster: Please send address changes to if necessary. Within the app, you can say. You can add text notes or editing notes the Illinois State Bar Association, 424 S. 2nd St., organize your cases in folders with smaller to any document, or you can add exhibit Springfield, IL 62701-1779.

2 stickers and page numbers to documents. having to do the calculations yourself. You Objections to Admissibility. Within each These apps make it easy to add new pages, can put in different scenarios to provide an category, there are subcategories, which to merge multiple documents, and to estimate of the effect that a certain demand include objections like Ambiguous or rearrange and delete pages within a PDF or offer might have on the bottom line. Assumes Facts. Within each subcategory, document. There is also an option to display all of the there are guides to the wording of the results graphically in bold colors so you objection and an explanation of the rule, as ADR Mediation Tool—If you use can see the history and the results of the well as possible responses if your question mediation in your practice, this simple negotiations, which is an excellent way to is the one being objected to by opposing but full-featured app allows you to enter illustrate for a client what has happened counsel. The app also provides the relevant pertinent information about your case and where you are in a given settlement Federal Rule of Evidence for reference. This including any contingency fees, case negotiation. app could be open on your phone right expenses, and the result you want for next to you on the trial table and work as your client. The app then provides you Courtroom Objections—This is a type an immediate reference during a trial or with a settlement target based on the of “guidebook” app that could be beneficial hearing.  information you enter regarding the case. for all lawyers, and might be especially ______As negotiations progress in the matter, you helpful for new lawyers. This app gives you Kimberley Crum Klein is a partner at Klein can enter demands and offers into the app lists of common objections organized by & Mosser, LLC in Elgin where she focuses on and immediately see the mid-point without category, such as Objections to Form or Criminal and Family Law.

Proper use of preferred gender pronouns

Continued from page 1

Sexologist and Marriage and Family pronouns that society already uses to refer I let others know that I prefer she/her/hers therapist Joanne Z. Flannery will give to them, such as he/him/his/himself and after I state my name when introducing us a breakdown of the preferred gender she/her/hers/herself. It is considered a myself. Those two simple actions are a movement and its importance. privilege to not have to worry about which clear way to show my support for gender pronoun someone is going to use for you expression. It also sets an inclusive tone What is a “preferred gender pronoun?” based on how they perceive your gender. and one of respect for and A preferred gender pronoun, also gender non-conforming individuals. I How do you know the correct known as a “personal gender pronoun” would encourage more people to indicate pronouns to use when speaking to is the pronoun that a person uses when their preferred gender pronouns when someone? referring to themselves. The most popular introducing themselves or after their pronouns are he/him/his/himself and she/ Share your pronouns with them and signatures. her/hers/herself. However, in the interest ask them their pronouns. It shows a great Even if you prefer not to announce of greater equality, the following gender deal of respect to inquire regarding one’s your pronouns, the fact that new words are neutral pronouns have been created: they/ preferred gender pronouns. It may seem being introduced into the English language them/theirs and ze/zir/zirs. Some people embarrassing, at first, but it demonstrates should be a salient concern for all citizens. prefer to only use their name in which case that you desire to be gender inclusive and It will probably only minimally impact legal that should be respected. educate yourself on transgender topics, writing, but the terms have already begun including staying current with terminology. How are gender pronouns assigned or to be used colloquially.  Because the dominant discourse in our chosen? ______society is one of transphobia, expressing There is no correct method when it Sarah D. Zigulich (preferred pronouns: oneself as anything other than the assigned she, her, hers) is an associate attorney at comes to choosing your preferred mainstream-accepted of Anderson & Boback, LLC and practices in all pronoun. No one should assign a gender male and female is brave and affirming. areas of matrimonial and parentage law at the pronoun for another person. Gender trial and appellate levels. She can be found at pronouns are chosen by each individual. What are your thoughts on neutral illinoislawforyou.com. gender pronouns becoming When a person has a or Joanne Z. Flannery (preferred pronouns: that matches their mainstream? she, her, hers) is an Associate Marriage and assigned sex, the term is used. I think that it is likely, but that it will Family Therapist (AMFT) with a Master’s Generally speaking, cisgender people will take time. I currently cite my personal degree in Sexology. She can be found at sexologyinternational.com. feel comfortable maintaining the gender gender pronouns in my email signature and

3 The Catalyst ▼ December 2016 / vol 22 / no. 3 Chair column

By Julie A. Johnson

There has been a lot of noise over the likely be substantially amended before it specifically in support of the language of last few weeks. There have been a lot of comes for vote. It is anticipated that action the bill as it stands today, but to stand in protests, demonstrations and calls to action. will be taken on the bill after the first of the support of Illinois a paid family If you were waiting for your perfect call to year. The voice of the ISBA is influential leave act that balances the needs of new action, my challenge to the lawyers of the in Springfield. Let’s make sure our voice is parents with the needs of employers, Illinois State Bar Association, women and heard on this issue! especially small law firms. Members of men alike, is to see this opportunity we Paid family leave is a difficult issue for the Standing Committee on Women and have before us and to lead by example as we many Illinois attorneys. The amount of the Law are available and will be visiting wrap up 2016 and begin 2017. leave available for new parent attorneys, various Sections and Committees during One huge way that the ISBA can show whether paid or unpaid, is completely the Mid-year meeting to garner support strong leadership is to stand in collective inconsistent from firm to firm. Issues and to answer questions regarding the support of enacting state legislation to of how this bill will affect Illinois Assembly resolution vote. It is our sincere provide paid family leave for the residents lawyers whether as firm employees, solo hope that the ISBA will stand in support of of Illinois. The ISBA Assembly will be practitioners or owners/equity partners of Paid Family Leave.  asked to vote on a resolution to support the law firms are important to address. Let us ______currently pending First Amendment for all send the message that Paid Family Leave 1. filed last July by Illinois Senator Daniel Biss suggested revisions to Senate Bill 260. and is currently is an early draft and will The ISBA is not being asked to vote

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4 Letting go of guilt

By Kristen Prinz

My work and my family are my two work? How could he not feel guilty that he grown children, wives that stayed home, greatest joys. I am extremely grateful to might be failing as a parent and a leader? wives that work, and family members who work with a team and clients that challenge I realize now that internal monologue are ill or struggling. One of them finally and inspire me. And, I am even more may have been influenced by hormones said, “I just decided I am not going to feel grateful to have a husband and two young and sleep deprivation. Still, my guilt was guilty about where I spend my time.” daughters that do the same. However, palpable. So was my exhaustion. He was so blunt and trite that my first there never seems to be enough time to be A few weeks later, I was sitting around a reaction was an internal eye roll. But, after the best lawyer, leader, mother and wife I conference table with my all male monthly I left the meeting, it hit me that guilt was a can be. CEO group. I was ready to quit the group distraction. When I’m at work, I want to be When my oldest daughter, Zoey, was (and nearly everything else). In the midst fully at work so that my time is well spent. born 3 ½ years ago, I didn’t slow down at of telling these guys that I couldn’t keep up When I’m with my husband, children, work at all. I just kept barreling forward with the group or anything else anymore, I family and friends, I want to be fully and tried to put the same level of effort in at broke down. present so that my time is well spent. home. I chaperoned field trips during the In response, each of the men shared I would be lying if I said that I know live day and prepped for depositions at night. their feelings about the strains of raising a in a post-guilt, fully-present state of mind. I rushed out the door in the morning and family and leading a business. They each But I’m trying.  rushed home at night to make sure I got in have their own stresses; small children, some playtime before bedtime. I felt guilty leaving my daughter to go to work and I felt guilty leaving work to go home. When Olive was born last year, I assumed I would continue doing more of the same. I returned to work six weeks after she was born and tried to ease back in to my routine. It didn’t work. I felt I couldn’t slow down because my work team and my family depend on ILLINOIS BAR FOUNDATION me. But I was exhausted. I wasn’t getting enough time with my family. I wasn’t spending enough time at work. And, I At the Heart of the ISBA hadn’t been to the gym in 402 days. The guilt got worse because I wasn’t SUPPORT THE ILLINOIS BAR FOUNDATION taking care of myself and I was never fully present wherever I was. My daughters are Contributions from ISBA members are vital growing up and changing at light speed to the success of the IBF’s programs. and I simply could not keep up. They are spending their days with caretakers and Access to Justice Grants teachers instead of me or the rest of their Warren Lupel Lawyers Care Fund family. When Olive was three months old, I Post- Graduate Fellowship Program asked my husband if he felt guilty about not having enough time with our daughters. More than $400,000 has been given to support these “No,” he said. “We love them. We care for them. And, guilt is a useless emotion.” I important programs, this year. Every dollar you wanted to smack him. How could he not contribute makes an impact in the lives of those in need. feel guilty that we were missing moments we could never get back? How could he Please consider making a donation to the IBF to improve statewide access to justice. not feel guilty that he was regularly late to

5 The Catalyst ▼ December 2016 / vol 22 / no. 3

ILLINOIS STATE BAR ASSOCIATION

COUNT ME IN!

For the complimentary reception hosted by ISBA’s Diversity Leadership Council

Friday, December 9, 2016 4:30 to 6:30 p.m. Sheraton Chicago Hotel & Tower 301 E North Water Street Chicago, IL 60611

BECAUSE THE FACE OF ISBA SHOULD REFLECT OUR DIVERSITY, WE’RE HERE TO HELP YOU GET CONNECTED AND STAY CONNECTED… AND WE WANT YOUR HELP!

Register today at ISBA.org/diversity/reception and be a part of the Movement for Inclusion

The ISBA Diversity Leadership Council consists of the following sections and committees of the ISBA: Racial & Ethnic Minorities & the Law Committee, Sexual Orientation & Gender Identity Committee, Human Rights Section Council, Women and The Law Committee, Disability Law Committee and the International and Immigration Law Section Council.

6 Upcoming CLE programs To register, go to www.isba.org/cle or call the ISBA registrar at 800-252-8908 or 217-525-1760.

January Series—Session 3. Presented by Family Law. 1:00 – 3:00 p.m. Tuesday, 01-10-17- Webinar— Technology and Business Planning for a Friday, 01-27-17- Chicago, ISBA Thursday, 02-23-2017—Webcast— Law Firm. Practice Toolbox Series. 12:00 Regional Office & Live Webcast—Recent Written Discovery Part 2: Electronic -1:00 p.m. Developments in State and Local Tax— Discovery – How to Seek, Locate, and Spring 2017. Presented by SALT. 8:30 a.m. Secure. Presented by Labor & Employment. Thursday, 01-12-17- Live Webcast— – 12:45 p.m. 1:00 – 3:00 p.m. Immigration Law Update Spring 2017— February Changes which Affect Your Practice and Friday, 02-24-2017- Chicago, ISBA Wednesday, 02-01-17—Chicago, Clients. Presented by International and Regional Office—Wrongful Death, ISBA Regional Office—Cybersecurity: Immigration. 12:00- 1:30 p.m. Survival, and Catastrophic Injury Cases. Protecting Your Clients and Your Firm. Presented by Tort Law. 8:45 a.m. – 1:00 Presented by Business Advice and Financial Friday, 01-13-17- Chicago, ISBA p.m. Planning; co-sponsored by IP (tentative). Regional Office—Implicit Bias in the 9:00 a.m. – 5:00 p.m. Criminal Justice System. Presented by Tuesday, 02-28-17- Webinar— Criminal Justice. 9:00 a.m. – 4:45 p.m. Introduction to Microsoft Excel for Friday, 02-03-17- Springfield, Illinois Lawyers. Practice Toolbox Series. 12:00 Department of Agriculture—Hot Topics Wednesday, 01-18-17- Live Webcast— -1:00 p.m. in Agricultural Law- 2017. Sponsored by The Nuts and Bolts of Drafting Non- Ag Law. All Day. March Disclosure Agreements: Tips for the Thursday, 03-02-17—Chicago, ISBA Practicing Lawyer. Presented by Business & Friday, 02-03-17- Chicago, ISBA Regional Office—Family Law Table Clinic Securities. 10:00 a.m. – 11:00 a.m. Regional Office—2017 Federal Tax Series—Session 4. Presented by Family Conference. Presented by Federal Tax. 8:20 Law. Wednesday, 01-18-17—Live Webcast— a.m. – 4:45 p.m. Presented by Labor and Employment. 12:00 Friday, 03-03-17- Chicago, ISBA p.m. – 1:30 p.m. Monday, 02-13 to Friday, 02-17— Regional Office & Webcast—8th Annual Chicago, ISBA Regional Office—40 Hour Animal Law Conference. Presented by Tuesday, 01-24-17- Webinar—How to Mediation/Arbitration Training. Master Animal Law. 9:00 a.m. – 5:00 p.m. Stop the 8 Things Killing Your Law Firm. Series, presented by the ISBA—WILL NOT Practice Toolbox Series. 12:00 -1:00 p.m. BE ARCHIVED. 8:30 -5:45 daily. Thursday, 03-09 and Friday, 03-10— New Orleans—Family Law Conference Wednesday, 01-25-17- Live Webcast— Tuesday, 02-14-17- Webinar— NOLA 2017. Presented by Family Law. Helping Immigrant Children- Special Hardware & Software: You Bought It, Thursday: 12:00 pm – 5:45 pm; Reception Immigrant Juveniles. Presented by You’ve Got It… Now Use It! Practice 5:45- 7:00 pm. Friday: 9:00 am – 5:00 pm. International and Immigration; co- Toolbox Series. 12:00 -1:00 p.m. sponsored by Bench and Bar. 11:00 a.m. Tuesday, 03-14-17- Webinar—Matter – 12:00 p.m. Monday, 02-20-2017- Chicago, Management Software- Why Outlook Isn’t ISBA Regional Office & Fairview Good Enough. Practice Toolbox Series. Wednesday, 01-25-17- Live Webcast— Heights—Workers’ Compensation Update 12:00 -1:00 p.m. Housing Justice v. Housing Injustice: How – Spring 2017. Presented by Workers’ Unfair Housing Practices Keep Segregation Compensation. 9:00 a.m. – 4:00 p.m. Wednesday, 03-22-17- Live Webcast— Intact. Part 1: SCOTUS Opinion, Fair Housing Justice v. Housing Injustice: How Housing Policies and Housing Voucher Wednesday, 02-22-17- Live Webcast— Unfair Housing Practices Keep Segregation Programs. Presented by REM; multiple Housing Justice v. Housing Injustice: How Intact. Part 3: Mortgage Fraud, Subprime cosponsors (see agenda). 1:00 – 3:00 p.m. Unfair Housing Practices Keep Segregation Lenders, and Foreclosure Crisis. Presented Intact. Part 2: Landlord Privileges/Defenses by REM; multiple cosponsors (see agenda). Thursday, 01-26-17—Chicago, ISBA and Tenant Rights/Remedies. Presented by 1:00 – 3:00 p.m.  Regional Office—Family Law Table Clinic REM; multiple cosponsors (see agenda).

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