THE DOCKET Th e Official Publication of the Lake County Bar Association January 2007 • Vol. XIV, No. 1 We haven't changed the spelling of our name-but we have decided to make you an ironclad offer.
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Peter Birnbaum President and CEO ATTORNEYS' Direct Line: 312.372.4375 TITLE GUARANTY C? .. ~ FUND, INC. If]JA THE DOCKET The Official Publication of the Lake County Bar Association
JANUARY 2007
3 President's Page ...... Robert S. Smith, Jr., President
5 Chief Judge's Page ...... Hon. Christopher C. Starck, Chief Judge
9 Pension Protection Act of 2006 ...... Edmund R. McGlynn
15 Employees Warned of Early Retirement Investment Pitches That Promise Too Much ...... Jam es J. Eccleston
17 Executive Board Meeting Minutes ...... Daniel B. Shanes, Secretary
19 Real Estate Committee Minutes ...... Leslie Klocek & Liz Rochford, Co-Chairs
23 Criminal Trials and Appeals Committee Minutes ...... Steven P. McCollum, Chair
25 Family Law Committee Minutes ...... Thomas M. Gurewitz, Chair
The Lake County Bar Association Adv~rtising One Six Twelve Ba< 7 North County Street • Waukegan, Illinois 60085 Rates !ill>< l»l!
2006/2007 Executive Board Quarter Page $90 $80 $70 6 to 10 lines $35 Robert S. Smith, Jr .-President Half Page 5135 5120 5105 11 to 15 lines 540 Fredric Brya n Lesser-1st Vice-President Photographer Bryan Winter-2nd Vice-President Ga ry Schlesinger Full Page 5230 $205 5180 16 to 20 lines $45 Stuart A. Reid-Treasilrer To place an ad or for information on advertising rates, caB (847) 244-3143. Daniel B. Shanes-Secretanj Editorial Submission deadline: First day of month preceding the month of publication. All Deborah L. Goldberg-Immediate Past Pres. Coordinator submissions must be made in ele<:tronic format accompanied by a hard copy. 2006/2007 Editorial Board Diskettes are returned to 7 N. County Street, Waukegan, and if not retrieved by ASM, [nco the author/owner within thirty (30) days of publication, become property of the Karen Fox & Daniel Shanes- Editors Lake County Bar Association. Ann Buche Conroy Staff The Docket is the official publication of the Lake County Bar Association, 7 James DeSanto N. County Street, Waukegan. IL 60085 (847) 244-3 143. and is published monthly. Amy D. Darling Hon. Mitchell Hoffman Subscriptions for non-members are 545.00 per year. Execu tive Director Richard Kopsick Reproduction in whole or part without permission is prohibited. The opin ions and positions stated in signed material are those of the authors and not Hon. Raymond McKoski Me lissa E. Brown necessarily those of the Association or its members. All submitted manuscripts Neal Simon Executive Assistant are considered by the Editorial Board. All letters to the editor and articles are James Simonian subje<:t to editing. Publication of advertisements is not to be construed as an endorsement of any product or service advertised unless otherv.rise stated. Hon. Stephen Walter New Year Resolutions For Your Real Estate Practice
[ 7] 200 Stop exposing law firm to avoidable liability from emerging RESPA enforcement actions. [Join nation's largest Bar Relatec!" title underwriter with RESPA compliant Programs for attorneys and only attorneys since J947.}
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President's Page
by Robert S. Smith, Jr., President
II ver the last couple of tion. And, of course, you know that it is not necessarily in his years, I have gotten the ins and outs of the adventures powers, his talent, or his abilities O hooked on the Harry Pot of the young wizard Harry Potter tha t he will be judged as a success ter series of books and movies. [ and his friends, Ron Weasley and in life. Dumbledore says that have read every last book and Hermione Granger. Harry and we all will be judged seen each movie at least once. Anyway, in the first book, by the choices we make. While [ don't necessarily consider "Harry Potter and the Sorcerer's That struck me as profound. myself a groupie or anything like Stone," Harry is being counseled It seems to me that all of us have that, every once in a while, [ think by the wise wizard Professor talent and ability. All of us try to that 1 should buy a Gryffindor Dumbledore, the Headmaster of use our skills for our clients and house tie to wear to Probate Hogwart's. Harry is struggling to press for justice. But how Court. The tie is subdued to become accustomed to his role many of us have seen the most enough, despite the fact that most as a young man, learning the art talented or wise or capable attor of the folks who appear in Pro of wizardry. He did not know ney, either yOlmg or old, w ith bate Court are Muggles. how and why it is that he has re everything going for them, some There will be no quiz at the ceived the very powerful magical times never making the best end of this page, but of course all prowess he seems to possess and choices in their lives. They are of you know the four houses at he is dumbfounded at the judged by those choices. Perhaps Hogwart's School of Wizardry changes which have taken place in our own lives we can look back and Witchcraft, who they are in his life. and say that one or another choice named after, and what their So, young Harry talked to Al tha t we made, one or another house colors are. You know what bus Dumbledore and asked about road that we took, one or another their symbols are. You know his capabilities and how to use decision, small or of great magni what gate the "Hogwart's Ex them and how he could succeed tude, which we entertained and press" leaves from the train sta- in life. The wise wizard tells him followed, formed us to be what
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the Courts. We "Meet and Greet" with the judge; Conference Room Available will again use the of the first and fourth floors. Computer·Aided Transcription 10th floor assem Look for another to meet the Minuscripts bly room. We re judges of the second and third ceived some good floor divisions, coming soon. L & L Reporting Service, Inc. feedback on the Thanks also to Shyama Parikh for use of this room the start of the Grapevine page. 26 Years Experience COURT REPORTERS for meetings, as it Please check it out and contribute 9 North County Street is near to almost some tidbits. Her committee is Waukegan, lL 60085 everyone's work. also working to get the good Lori A. Eder (847) 623-7580 So we will use it things we do as attorneys out Linda M. Giuseffi FAX (847) 623-7597 for Chief Judge there to the public. Starck's presenta By the time this is published, I we are today. And, for some tion. Bring your questions. hope to be able to announce that time, or perhaps forever, we are The President's dinner will our CLE programs have been ac judged by that choice, rightly or take place on January 26 at Knoll credited. The paperwork has wrongly. wood Club in Lake Bluff. You been sent off; Rich Kopsick and We all made a choice to be should have received your invita his committee worked mightily to come attorneys, and I suppose we tion by now. The Bar will honor put together the package with all could say rightly or wrongly, Don Morrison and Hal Winer Amy and Melissa at the bar office. too. But leading from that choice with the President's Award of Ex Frankly, it was a great pain to as will come what we are and will cellence, and also award the Out semble, and each and everyone bring into focus our dreams and standing Young Lawyers Award on the committee labored hard on aspirations and our futures. to Patricia Cornell for service to the minutiae. Think about the Our new year is beginning. the Lake County bar. Justice great CLE programs that we have Perhaps it might be a good time Anne Burke will be our featured already had, and there are more to be a little introspective about speaker. This has always been a to come, as well. our profession and ourselves. great evening to honor not only Our Docket crew is tireless, Why did we make this choice? our new Seruor Counselors but but they can always use some ar Why did we become attorneys? also those members who are ex ticles. We hope that we will be Perhaps we need to resurrect, or emplary leaders. able to get approval for CLE cred at least exhume, those original Please consider attending the its to be awarded for written choices and those original rea Family Law Seminar in Santa work published in The Docket. sons. We all grow, or should. Are Moruca in late February and the That might be motivation for you those same reasons that brought Real Estate Seminar in St. Louis in to write something. Give it a try. us to this profession still motivat late April. Plans are firming up ing us today, and should they and openings are limited. Tom Happy New Year, continue for this coming year? Gurewitz and his committee have and read 011, Muggles. Do they need to be modified or put together a changed? If Dumbledore is right, great program for and I think he is in some respects, California, and how will we be judged in light of Leslie KJocek and our past choices, and what Liz Rochford are DEPOSITION REPORTERS choices will we need to consider well on their way and examine for this coming to an outstanding COURT REPORTERS year? Think about it. event under the P.O. Box 9275 There are some great opportu Arch. Waukegan. lL 60079 ruties coming up for us through Thanks to (847) 356-6834 the Association. Trish Cornell and (847) 356-5354 FAX The Chief Judge will address the Young Law Deborah L. Severson. CSR us on January 23 on the state of yers for the first January 2007 The Docket Page 5
Chief Judge's Page
by Chief Judge Christopher C. Starck
1 ith the holidays be that question recently? There are guy" overcome the power of hind us and the bitter many answers, of course, many some immense, dark empire has W cold days and long of them even having some degree an appeal, particularly if the at dark nights battering our current of truth and validity. Certainly, torney would end up being the way of life, this seems to have one's initial steps into the practice hero at the end of the story. been the tradi tional time for New of law were motivated by a desire There is also the basic human Year resolutions. In an oxymo for financial gain. After all, we desire to do justice in our deal ronic sort of way, they seemed to had to do something after college. ings with our fellow ci tizens. As be the conventional way to be There was also desire to have we all know, there is an element come innovative in our lives. We some degree of independence in in society that survives by prey were supposed to ask questions our working life. After so many ing on the weak and helpless. But of ourselves so that we could years of being told what to do by for most of us, yearning to do the make a rational and honest goal parents and teachers, there was a right thing is almost hard-wired. toward some self-improvement yearning to be in charge of our For attorneys, justice is the core of plan. It provided a mechanism lives. what we are all about. The role of for a kind of self-assessment and At some level, whether it was counselor and a ttorney gives us perhaps a new beginning. our true motivator or just an un the means and the expertise to Whether it was diet, exercise, or conscious awareness, there was a actively seek justice and use our even a general thought that we desire to do some really impor best efforts to have it applied should just be "nicer" to every tant work, something that would equally to all of our citizens. body, it was usually a focus on truly make a difference in society. There can be no more noble un the how we live our lives and not Many of us had visions of being a dertaking. We are all in this to the why. yotmg, dedicated attorney who gether, and are rightly proud of Why do we do the work that would champion a cause and our honorable profession. we do? Have you thought about right a wrong. Helping the "little If the question of why you
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practice law plagues you on a ress there are loud complaints if tantly, for the clients, the users of regular basis, then that either the service is too slow. And we our services. says something really bad about do not even get a tip at the end of I am very excited about this the state of your practice or the the day. new system and fully expect that fire has gone out of your "love of Keeping the quality of service it will have a successful impact the law" right now. lf you never in mind, we have begun our first for all of us. I will, of course, be ask the question, perhaps you major reorganization of the court monitoring this closely and ex should, just to remind yourself calls in our system. As you pect to continue meeting with the why you entered this profession know, the traffic and misde judges and attorneys to ensure and took on this sacred ob liga tion meanor division has been reor that the transition is smooth and to serve the public in the first ganized so that we now have five the results jubilant. place. We don't like to think of courtrooms operating with a full I am also taking steps to assist ourselves as being in the same case load each day. This allows us other divisions in their case man line of work as waitresses, sky all to be more accountable for our agement efforts. The Family Di caps or plumbers, but we, too, are pending cases, gives more trial vision has an ever-increasing providers of a service. Ours is time to each court room, and pro caseload, particularly in post performed as the basis of a pro vides us all with the opportunity decree matters. In an effort to fession, not a trade, but nonethe for date certain of any motions, afford some immediate help, I less we serve our clients. Like the trials or hearings. It will allow us have consolidated the domestic plumber, they call us when some all to resolve matters more effi violence courtrooms into the thing in their life has flooded, we ciently, having much less wasted Family Division. This will pro carry their over stuffed baggage time for the justice system part vide additional resources to that like the skycap, and like the wait- ners and, perhaps most irnpor- division and should help to ease January 2007 The Docket Page 7
the backlog of matters with the You will find deployment of these resources in that we have dra- a new way. We are studying al matically up :-tJest Investigations ternatives for the implementation graded our tech ;ft~ • '/~C of this reorganization. Our goal nology opportu is to improve the way that we nities, which will provide our services to the citi greatly enhance zens who are forced to participate your ability to in the legal process due to per present your evi- .:. Process Serving haps the most difficult of per dence a t trials .:. Skip Trace sonal issues, the dismantling of a and hearings. On .:. Courthouse Filing family. The mere fact that they the fourth floor, have to deal with those over massive plasma Serviug all of Northern Illinois whelming, heart-wrenching con screens have been and the border counties in cerns is dreadful enough for the installed in each Wisconsin and Indiana. litigants. My hope is to develop a of the courtrooms solution that will ensure that the along with DVD/ Over 30 Years ofExperie/lce divorce litigation is not more VCR devices that painful than termination of the will make the use 424 Davis Street, Downers Grove, IL 60515 family relationship. of a variety of me Cell (630)421-4212 .:. Office (630)690-4212 Another new procedure is the dia quite easy in Fax (630)852-2959 revision of Local Rule 3.01(C). To the courtroom. assist us all in our Differentiated On the second Case Management initiative, an and Hurd floors, Licem'ed & IlIsllred #117-001161 appropriate Certificate of Attor we have pur- ney must be filed in all civil cases, chased Nomad including all "0" and "F" cases. presentation systems that are and to find ways to manage the As you know, this certificate has truly state of the art multimedia docket so tha t our ci tizens could been used for years with great presentation devices. Once you expect a prompt resolution of success in the civil division in fa are trained on the operation of their matters. Mike has always cilitating the appropriate tracking those systems you will be amazed been a tnte student of the law of cases. Similar informa tion will at the quality of the presentations and is dedica ted to the rule of now be required in all "0" and that you will be capable of plac law. Away from work, Mike has "F" cases so that the Family Divi ing before the court. ] will have always been a real life handyman sion can proceed with its plans to more for you about that in the who could give Bob Vila a ntn for incorporate some of the recom coming months. his money. ] expect he may be mendations of the Case Manage It is with sadness that we bid the only guy that'] know whose ment Committee. farewell to Judge Mike Fritz, who "Honey Do" lists actually get We have made some changes has chosen to begin the next completed, and completed very with the small claims call in an phase of his life and join the well. I wish Mike and Betsy the effort to make that more manage ranks of those who have earned a very best in the years to come. able. The ordinance violation welcome retirement. Mike has Well, whether or not you are cases have, for the most part, worked in our most challenging making New Year resolutions been placed into different court court calls, those encompassing yourself this year, there is some rooms. Jury trials are no longer high volume caseloads and often undeniably good news for every heard by the small claims judge, complex issues. All too fre body. In spite of any changes in thus allowing more time to man quently, he had the thankless job your routine, the days are already age the calls that became dramati of finding a way to take a court starting to get longer. Get those cally larger last year due to the call tha t had grown to levels seed catalogs out and start get increase in the jurisdictional limit. seemingly impossible to manage, ting ready for spring! Isn't it time you learned more about the Aon Attorneys' Advantage program?
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1..aJ Pension Protection Act of 2006 by Edmund R. McGlynn - This article is based upon materials presented at the LCBA Wills, Trusts & Probate Committee Seminar - n August 17, 2006, Presi aChtary computes the contribu not obligated to make the contri dent Bush signed into tion amoun t to the plan needed in bution. The participant receives O law P.L. 109-280, The the current year to achieve that whatever the plan assets produce Pension Protection Act of 2006. benefit. The achtary takes into at the specified retirement date. This Act has four major areas of account certain assumptions, Hybrid Plans. Under the concern: (1) Defined Benefit such as mortality, htrnover of all technical definitions of ERISA Plans; (2) Defined Contribution employees and rehtrns on invest and the Internal Revenue Code, Plans; (3) distributions from all ments that will be achieved by hybrid plans are defined benefit qualified plans; and (4) changes the plan assets. The employer plans. However, these plans to charitable contribution rules. must make the required contribu strongly resemble a defined con tion to the plan irrespective of tribution plan. One example of a Background on Defined profits. The effect of this is that, hybrid plan is a Cash Balance Benefit Plans and Defined as employees progress through Plan where the plan sponsor Contribution Plans the company and their salaries makes formula contributions to increase and the time shortens to the plan and guarantees a certain Defined Benefit Plans. A the retirement date, the plan rate of growth of the plan assets, traditional Defined Benefit Plan sponsor must contribute substan so the participant will then re defines the benefit the participant tially more for older participants ceive an ascertainable cash bal will receive. This is usually ex than younger participants. ance at retirement. A hypotheti pressed as annual payments, Defined Contribution Plan. cal account balance is maintained starting at a prescribed retirement This is usually expressed as a per for each participant. Because it is date, of a percentage of an em centage of a participant's salary, a defined benefit plan, the plan ployee'S salary level. For exam within certain limits, that will be sponsor's contributions are re ple, upon reaching retirement contributed to the plan out of the quired irrespective of the profits age, a participant wiII receive profits of the plan sponsor (the of the sponsor. Thus, it is the 50% of the average of his highest employer). If there are insuffi length of time that the participant three year's salary for life. An cient profits, the plan sponsor is maintains a hypothetical accotmt Tell it to the readers and publish your Public (legal) Notices with PIONEER PRESS YO U R LOCAL SOURCE Cnll John Bieschke, Lt'gal/ldvathing MOllager (847) 486-7233 • [email protected] 3701 W_ Lake Ave .• Glenview, IL 60026 Fax (847) 486-7456 (847) 486-9200 Page 10 The Docket January 200 Leibowitz Law Center is proud to announce the establishment of ... 6905 Green Bay Road Suite 201 Kenosha,VVl53142 Tel: 262.694.7300 Fax: 262.694.7301 Lakelaw Kenosha lakelaw/kenosha.com A partnership of Leibowitz Law Center and , Law Offices ofJames W. McNeilly, Jr. LLC ... now "Serving your legal needs in Southeast Wisconsin" sM LAKE COUNTY SEVEN RIVERS REGION Leibowitz Law Center Lakelaw 7 Rivers 420 W. Clayton Street 205 Fifth Avenue, Suite Waukegan, IL 60085 308 847.249.9100 LaCrosse, WI 54601 lakelaw.com 608.782.4262 lakelaw.com/7riv Serving your legal needs from Chicago to Milwaukee 8M in the plan that is detenninative years that they are "at risk." "At either at risk, tenninated in an of the benefit he will receive. risk" generally means that the involuntary or distressed termi Note that the age of the partici plan's assets are not sufficient to nation or the sponsor is in bank pant does not control the spon meet the projected liability to the ruptcy, the sponsor is prohibited sor's contribution. participants. from establishing a nonqualified Increased income tax ded uc plan for certain employees. The Changes to the Law in the tion limits are allowed for de specific employees are the spon Pension Protection Act of 2006 fined benefit plans. In prior sor's CEO and the four highest years, a plan sponsor could only paid officers, other than the CEO, New, highly complex funding deduct that amotmt that was re and any individuals subject to 16 rules revamp the method in quired to meet the plan's liabili (a) of the Securities Exchange Act which actuaries calculate the ties to the participants. In future of 1934. amount that must be contributed years, sponsors will be able to by the sponsor to a plan. Among deduct a greater amount than the Impact of Changes on various highly technical provi strict current year required con Defined Benefit Plans sions, new standardized actuarial tribution. The calculation of that assumptions are imposed. Inter higher limit is very complex. Under the new rules, as well est rate assumptions, which are However, this concept allows as the former law, a plan spon tied to investment grade corpo sponsors, in good years, to bol sor's ,liability to the participants rate bonds, are to be used. New ster a plan with greater contribu in the plan is greatly reduced in a mortality rates will be provided tions and still deduct those addi Cash Balance Plan from tha t of by regulation. Plans that are con tional contributions. the traditional defined benefit sidered "at risk" have stricter Related restrictions. At any plan. Many sponsors desire to funding requirements in the time that a defined benefit plan is convert their traditional defined January 2007 The Docket Page 11 benefit plans to cash balance realized by the younger partici they never had to before. This plans to significantly reduce their pant will be greater than the will be less of a problem for large liability to participants. Most, older participant because the aCcolmt balances because invest however, feared that such a con YOlmger participant's accolmt ment advisors, who can help with version would constitute age dis balance will grow in the plan the vital decisions required, are crimina tion, since the benefits longer than the older partici readily available. In the future, prorrUsed to older participants, pant's accOLmt balance. Pension many more plan participants are under the traditional plan, disap Protection Act to the rescue! The going to need to cope with invest pear. The sponsor's required Act sets out rules that allow the ment decisions that they may contribution to the plan is based conversion of a traditional de very well be ill-equipped to han solely on a percentage of compen fined benefit plan to a cash bal dle and in amolmts that will sation; there is no distinction be ance plan without the conversion make obtaining investment coun tween an older participant and a considered as age discrimination. sel more difficult. younger one. A 30-year-old par Therefore, hybrid plans will ticipant earning $100,000 will prevail, and I pred ict fewer and Impact of Changes on have the same contribution on his fewer retiring employees are go Defined Contribution Plans or her behalf as a 58-year-old par ing to have traditional defined ticipant earning $100,000. There benefit plans. Instead of entitle Diversification. All plans is no adjustment for the fact that ment to a known pension pay now must allow a participant to the older participant will reach ment, the retiree will now be pre immediately diversify any contri retirement age much sooner than sented with an accOLmt balance bu tions made by the plan spon the younger participan t. More and must make decisions con sor, especially plan sponsor stock. over, it is possible that the benefit cerning retirement investing that Remember ENRON? MEDIATION PROBATE EXPEDIENT COST EFFECTIVE "'TRY IT, FAMILY CIVILIZED YOU'LL CHANCERY LIKE IT!" PERSONAL INJURY CONTRACTS ---- REAL ---- ESTATE Honorable Emilio B. Santi (Retired) ---JA-- .... -- 513 Central Avenue, Suite 500 G Highland Park, IL 60035 847-433-5468 Page 12 The Docket January 200 PRIME WAUKEGAN LOCATION FOR RENT ONE NORTH COUNTY STREET UPPER LEVEL OFFICE LOCATED DIRECTLY ACROSS THE STREET FROM THE COUNTY BUILDING CAN BE DIVIDED-RENT REASbNABLE CALL JIM @ 847-662-4321 • • Automatic Enrollment. Plans is allowed 90 days from the first viving spouse to roll the qualified may now allow for automatic en withholding of the elective defer plan's lump sum distribution into rollment in a 401(k) plan as a de rals to opt out of the plan. his own IRA account. The Pen fault provision in the plan. The sion Protection Act now allows basic struchue of a 401(k) plan is Impact of Changes on non-spouse beneficiaries to roll that it allows participants to con All Qualified Plans over their distributions from a tribute a portion of their pre-tax qualified plan into an IRA ac compensation to the plan and the Rollover to IRA. The benefi count. This IRA account is an plan sponsor can make discre ciaries of a deceased participant inherited IRA and the beneficiary tionary contributions, on behalf usually have limited payment must take required minimum dis of the participant, out of profits. alternatives tmder the plan tribu tions from the IRA over the The new law allows the sponsor typically either an annuity or dis beneficiary's life expectancy. to consider new employees as tribution over five years. On the This is what may be an unin plan participants automatically other hand, if the decedent tended but real benefit, for do and begin withholding elective owned an IRA, the designa ted mestic partners of deceased plan deferrals from their compensa beneficiary of the decedent's IRA participants, as well as descen tion. The Act provides that such could establish an inherited IRA dants of the participant. elective deferrals are exempt and take required minimum dis Working R~tirement. Prior from state payroll withholding tributions over his own life. This to the new Section 401(a)(36), no laws. Also, the Act allows the usually meant that the income tax pension plan was allowed to dis plan sponsor to invest the auto impact on the beneficiary of a tribute benefits to a participant matic enrollee's elective deferrals qualified plan was greater than unless they had a ttained the nor in certain default investments that of an IRA account. Previous mal retirement age and had not without liability. The participant changes in the law allowed a sur- separated from employment. The January 2007 The Docket Page 13 ployment, so long completely eliminated any of the Wisconsin Litigation: as they a ttain age requirements mandated by the Wisconsin attorney with 30+ 62. proposed regula tions. years of litigation experience There are now proposed regula Increased Contribution available to assist out-of-state tions, Section Limits Made Permanent counsel with civil litigation in 1.401 (a)-3, issued Wisconsin. November 10, The Economic Growth and 2004, that would Tax Relief Reconcilia tion Act of allow pension 2001 ("EGTRRA") changed many Gary P. Lantzy (262) 853-7727 plans to make provisions of the code rela tive to www.WisconsinCounsel.com distribu tions to qualified plans and IRA accolmts. participants who They were set to "sunset" as of are covered by a 2010. The Pension Protection Act new section added by the Pension "Phased Retirement Plan." These of 2006 elirninates the "stmset," Protection Act of 2006 allows a lengthy regulations detail the thus making the changes perma pension plan, either defined amounts that may be paid to such nent, as permanent as any tax benefit or defined contribution, to participant and the requirements law. make distributions to employees of a "Phased Retirement Plan." who have not separated from em- Section 401(a)(36) appears to have Individual Retirement Accotmts: $4,000.00 for 2006 $4,000.00 for 2007 $5,000.00 for 2008 and beyond Individual Retirement Account "catch-up" those 50 years old and older $1,000.00 SIMPLE plan contributions: $10,000 for 2006 $10,000 for 2007 subject to inflation adjustments $10,000 for 2008 and beyond subject to irLflation adjustments SIMPLE plan "catch-up": $2,500 for 2006 $2,500 for 2007 subject to inflation adjustments $2,500 for 2008 and beyond subject to irLflation adjustments Section 401lk) plan Elective Deferrals: $15,000 for 2006 $15,500 for 2007 $15,500 for 2008 and beyond subject to inflation adjustments Section 401 (k) plan Elective Deferral "catch-up": $5,000 for 2006 $5,000 for 2007 subject to inflation adjustments $5,000 for 2008 and beyond subject to inflation adjustments Edmund R. McGlynn , Jr. is a partner ill the l.1lke Fores t law firm of Bollman , Lesser & McGlynn, LLP. Attained a B. S. degree in Acco unting from Illinois In stitute of T eclll1ology and JD. with Distinction from The John Marshall l.1l w School. An Intemal Revenue Agent from 1970 to 1978, when he entered private practice. Con centrates his practice in Estate Planning, Estate Administration, Succession Planning for Small Businesses, Federal In come Tax and Commercial Real Estate Transactions. ~Nicasa Enriching Lives since 1966. 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Eccleston securities regulator, the strategies (like concentrating in drawal rates starting at 7 1/ 2 per National Association of vestments in certain sectors such cent to 9 percent of the investor's A Securities Dealers as technology and telecommuni initial investment, with increases (NASD), has issued an Investor cations companies) may be at five-year intervals. To avoid Alert to employees contemplating equally problematic. early withdrawal penalties early retirement in reliance upon The free seminars typically (before age 59 1/2) under Section early retirement investment misrepresent two critical plan 72(t) of the Internal Revenue pitches. These pitches have been ning assumptions, which are the Code, the IRS requires such re "flawed, even fraudulent," and expected returns of the invest tirement plan distributions to be have caused retirees grea t finan ments and the recommended an "part of a series of substantially cial harm. nual withdrawal rates. NASD equal periodic payments." Let's examine the NASD's reports that, in one disciplinary Critically, the NASD warns Investor Alert. The NASD out case it prosecuted, the financial investors that many experts rec lines the typical scenario. Invest adviser represented that he ommend much lower annual ment advisers provide free semi would be able to generate annual withdrawal rates, along the lines nars to employees of major cor returns as high as 18 percen t and, of 3% to 5% per year, not 7% to porations. The advisers pitch a for p lanning purposes, assumed 9% per year. The NASD issues strategy that recommends one or annual returns of 11 to 14 per three additional warnings, of more of the following actions: cent. Likewise, the NASD reports which employees must be • Retire earlier than ex that the financial adviser in that "especially skeptical": pected case recommended annual with- • Everyone can retire early! • Opt out of the company's retirement plan (which means cashing out of a ~ RESSLER 403 Grand Ave. Ste. 100 401(k) plan and/or taking ~ FINANCIAL SERVICES Waukegan, IL 60085 a lump-sum cash value payment from a pension Financial Planning Individual Investments Insurance plan) Retirement Planning Mutual Funds Life • Open a traditional Indi Estate Planning Fee-Based Accoonls LTC vidual Retirement Ac Education Analysis Separate Accoonls DisabWty Insllrance Needs & Policy Analysis Variable Annuities Health count (IRA) at the finan Investme nt Analysis Real Estate Investment Trusts Group cial adviser's firm Cash Flow Analysis S!DckslBonds • Invest Although the NASD cites as John Ressler, Jr., CFp® investments variable annuities, Class B and Class C mutual ELmd (847) 263-8888 shares and exchange traded Securities :md advisory services offered througb Mutual Service CcrporatiOll, Registered Investment AdviSe!", ftmds (ETFs), other investments Member NASD/SlPC . Ressler Financial Services and Mutual Service Corporation are separate entities. (like stocks) and investment Page 16 The Docket January 200 S X TECH, INC. We Provide Computer Services and Support for your Technical Needs ~_ \. ,1 _ Computer Forensics Expert Witness .J PROVIDI NG SER \ ' I C [ S fOR : We Don't Stop PRIVATt: http CORPORAl.: LAW ENrO R C";~U: NT Until They're Served. ATTORNEYS @ No longer do you need to be at the mercy of Tel: 847 8331575 E-mail: [email protected] law enforcement agencies or unknowns for your process serving. Lakeside Investigations is a nationwide public document search and retrieval firm , uniquely The NASD disagrees, ob positioned to serve your documents anywhere in the serving that many em U.S. and even abroad. Timely and efficiently. And we're ployees lack sufficient re not quiners. As long as we have sources for extended re a good address, we' ll keep going tirement and will have 'til we can say, "Gotcha!' To learn only limited opportunities all the things we can do to make for other employment. your job easier, give us a call. Let's get to know each other. • You can make as much ill lAKESIDE retirement as you can by continuing to work! Not so, 800.636.1511 INVESTIGATIONS says the NASD, because www.lakesideinvestigations.com Lic#117 -001132 sllch promises "usually hinge on unrealistically • You can withdraw 9% or ing retirement assets in variable high returns on invest more and never run out of annuities. The NASD warns that ments and lmsustainably mallei)! To do so, the most variable annuities have as large yearly withdraw NASD warns that you set-based sales charges or surren als." need "substantial retire der charges as well as a variety of • You can expect returns of ment assets." Otherwise, fees and expenses. Variable an 12 % or more' This is false, investors must deplete nuities may offer "enhanced and the NASD cites three their principal and/or benefi ts" bu t you pay extra fees reasons. First, no one can outlive their retirement for them. The "bottom line," says predict investment per assets. the NASD, is that "variable an formance. Second, be The NASD provides 10 tips to nuities can be complex and ex skeptical of any expected "avoid being taken in." One of pensive relative to other invest return greater than 10.4%, the. tips reflects a situa tion tha t ments," which is the historical av we faced in one of our securities Finally, the NASD advises to erage for the stock market arbitration cases. In that case, our seek a second opinion before (with all dividends re clients attended a "free lunch" committing to an early retirement invested); it is far greater seminar at their workplace. The strategy. Tha t's good advice! than the historical return clients were confused, thinking for less risky investment that their employer (a Fortune James J. Eccleston is a securities bonds, about 6%. Third, 500 company) was sponsoring the attorney, representing investors as the stock market inher event and, indeed, endorsing the well as brokers and brokerage firms ently is vola tile, with investment adviser. The NASD natiol1wide in arbitration, litiga tioll many short term periods cautions to never aSSlUne your and regula ton) affairs. He is an producing losses or re employer is behind the event. equity partner with Shaheen, turns well below 10.4%. Another tip relates to invest- Novos elky, Staat & Filipowski. January 2007 The Docket Page 17 LfBA Executive Board Meeting - Minutes - November 21, 2006 by Daniel B. Shanes, Secretary embers Present: place by summer. cussed holding additional so Robert Smith, Rick 5. MCLE Application: Amy Dar cial events, including a sug M Lesser, Bryan Winter, ling reported that our MCLE gestion by a member for a for Stuart Reid, Deborah Goldberg, application is ready to be sub mal dance. The Board noted Torrie Newsome, Amy Darling mitted with the attachments. that this year already has the and Daniel Shanes. We hope to have approval President's Dinner and Instal 1. Approval of Minutes: Motion within 30 days. In addition to lation Dinner scheduled. In made and carried to approve committee seminars and addition, the Young Lawyers the October 19, 2006, minutes. brown bags, the Board and Committee plans various 2. Welcome Torrie Newsome: the CLE committee will con events as well. This topic led Bob Smith reported that Tor sider whether to seek ap to a general discussion of rie Newsome has accepted the proval for regular committee keeping various events af nomination to serve as the meetings. These meetings fordable for the en tire mem new Member-at-Large on the would require a substantive bership. Executive Board. legal presentation no more 9. President's Dinner: The Presi 3. Treasurer's Report: Stuart than an hour. We need to de dent's Dinner is set for janu Reid reported cautious opti termine how and whether ary 26, 2007. The Board is mism on the fiscal status of that would affect the LCBA's pleased that Illinois Supreme the LCBA. We are on track certification. Court justice Anne Burke has for a break-even year. Many 6. Real Estate Seminar: Rick accepted our invitation to members are still past due on Lesser reported that the con speak. The Dinner will be their dues from last sturuner, tract has been signed for the held at Knollwood Country and statements with the janu real estate seminar this April Club m Lake Bluff. The ary dues will go out soon. in St. Louis. Board also discussed nomina After discussing the financial 7. LCBA Holiday Party: Amy tions for the President's problems that this causes, the Darling reported that every Award. Board voted to explore imple thing is set for our Holiday 10. Wayne Flanigan's practice: menting a late dues structure. Party on December 8 in the judge Schostok spoke with Stuart will draft a specific jury Assembly Room at the Bob Smith and noted that proposal for consideration at Courthouse. Although the there are still over a 100 wills the December Board meeting. ISBA/ljA also chose the same that were handled by Wayne 4. LCBA Employee Handbook: date for their winter meeting, Flanigan. Rick Lesser noted Bryan Winter is continuing the Board noted that our date that the LCBA is already working on an employee was well-circulated early and holding a number of wills, handbook. The Board hopes expects good attendance. and tha t he is storing them for to have a final handbook in 8. Social Events: The Board dis- the LCBA. At the Board's re- Page 18 The Docket January 20( quest, Rick agreed to store the chair the committee. Mem and is conducting a bo( additional wills as well. bers include Bryan Winter drive. The goal is to have S( 11. Judicial Selection and Reten and Torrie Newsome. Bob gently-read books donated. tion Committee: Amy Darling and Deb will speak with sev 14. Bench / Bar Traffic/ Misd, noted that there was a typo eral other individuals about mean or committee: Bob Smit graphic misprint in the JSRC serving on the commi ttee as reported on the Chief Judge regulation amendments well. realignmen t of the fourt printed in the Docket; the floor of the courthouse. Bo Board should consist of 15 noted that the committee wi members, not 16. Bob Smith meet again in February to a; stated that he would appoint sess how the new system i additional members to the functioning. Committee up to the intended 15. Small Claims: Bob Smith re 15 members. ported on meetings will 12. Long Range Planning: The Judge Fritz and Judge Hall or Board noted that it has been dealing with the overcrowdec several years since the last Small Claims docket. long range plan was adopted, 16. Meeting Adjourned: ThE and it is time to begin a new meeting was adjourned. The two-year strategic plan. Bob next Executive Board meeting Smith appointed Past 13. Community Service: Kid's is scheduled for December 21, President Deb Goldberg to Komer has a book shortage 2006. The Professional Difference Litigation Support Group DAM, SNELL, & TAVEIRNE, LTD Certified Public Accountants Service areas include: Accounting. Tax. Consulting o Business Valuations o Divorce Libertyville & Fox Lake o Forensic Accounting o Business Litigation o Fraud & Embezzlement o Business Interruption Contact: o Economic Damages o Bankruptcy o Estate & Gift Tax o Buy/sell Agreements Skip McCann CPA, CVA o Shareholder Disputes o Employment Litigation Joe Modica CPA, CVA, CMA (847) 367-4448 "When we work wilh clients we strive to be accessible, to complete work in a www.dstcpa.com timely manner, alld to provide the very highest level of quality. This Professional Difference is what distinguishes our finn." January 2007 The Docket Page 19 LfW Real Estate Committee 2006 - Minutes - December 6, 2006 Submitted by Leslie Klocek & Liz Rochford, Co-Chairs n Wednesday, December and truck expense deduction and verified that the informa 6, 2006, we held our reminders. Additionally, tion in the article was incor O LCBA Real Estate Com Susan noted "what's new" on rect. Further, the real estate mittee meeting at Tony's Restau the IRS Form 1040 filings. * attorney who authored the rant in Gurnee. We met at 5:00 2. The Lake County Clerk of the article actually advertises per p.m. and the meeting was offi Circuit Court has two new sonal injury as his specialty; cially called to order at 5:30 p.m. forms required for filing. The and according to the ARDC The meeting was attended by forms are similar to a docket website, is not authorized to Real Estate Committee co-chairs, sheet. One form is required practice in lllinois. The Chi Lesbe Klocek and Liz Rochford; for family law cases and the cago Tribune has been ad along with Committee Members other form is for all other vised of these inaccuracies Jerry Lee, Ken Suskin, Heide cases. For additional infor and Attorney Weppler will Schulz, Mark Dapier, Rick Lesser, mation, please check the keep the committee informed Rebecca McNeill, Sharon Ross, clerk's website at http:// of any further developments Jerry Beatty and Sue Oldenburg. www.co.Jake.iJ.us / circlk / regarding this story. Real Estate Law updates are forms.asp. 4. Commi ttee Member Elaina as follows: 3. Committee Member Terry Tramel has been working as 1. We were pleased to welcome Weppler notified the commit an independent contractor for Certified Pubbc Accountant tee of some inaccuracies re the past several months, but Susan A. Oldenburg to pre cently reported in a Chicago her assignment is soon com sent at our meeting this eve Tribune article. The article ing to an end. If you or any ning. Susan reminded us stated that a homeowner one you know is aware of a how important it is to have a must disclose all defects that position, please let Elaina working relationship with a they had ever had with the know at elainatramel@ good tax advisor; it's a critical house and provide receipts yahoo.com. relationship for any Real Es for all work done based on If you or someone you know is tate practice. She cited, re the Residen tial Property Dis not receiving our committee com viewed, and advised us on closure Act. nus statement munications bye-mail, please some specific issues relating did not seem accura te and contact Mebssa (mbrown@lake to Third-Party reporting with certainly sends a dangerous bar.org) and Leslie (LeslieKlO@ regard to accurate business message to our real estate cli aol.com) to be added to our e income reporting, home office ents. Attorney Weppler con mail bst. deduction reminders, and car ducted follow-up research Page 20 The Docket January 200 The Upcoming Meetings are as Follows: January 10, 2007 Bernard Wysocki-Wysocki ~lE1L H, (GOOD (2nd Wednesday) & Smith --ATTORNEY AT LAW Round table discussion concerning the numerous Concentrating in foreclosures/ special Social Security Disability assessments in Round Lake & Supplemental Security Income Beach Jerry Beatty-Chicago Title Neil Good has successfully seuled cases originally The New Alta Statement declined by the Social Security Administration, in Form addition to recovering regular Disability Benefit Claims. February 7, 2007 Judge Terrence J. Brady The 12 month disability requirement states that the impairment must "Real Esta te Issues In the last for at least 12 consecutive months, and the application for disability Media tion Arena" benefi lS can be fi led during or after recovery from the disability. March 7, 2007 Brian Schmidt Neil G o o d h a s 20 years of expe rie n ce in the s tate and fe d e ral co urts. Updates on HB 4050/ Trends in the market & issues 33 N. County Street - Suile 504 rela ting to mortgage lenders Waukegan (847) 577 -4476 www.NeiIGood.com April 20 & 21, 2007 Annual Real Estate Seminar-SI. Louis, MO The Business Sale Transaction ABC's of a Cook County /Chicago Real Estate Closing Private Land Trusts Marketing Your Practice Understanding Reverse Mortgages Real Estate Law Updates Probate/ Real Estate Issues Partition Suits • The full texts of articles or documents cited may be obtained by contacting Liz Rochford at erochfor da [email protected] The meeting adjourned at 6:15 p .m. January 2007 The Docket Page 21 Real Estate Committee A Committee of Lake County Attorneys & Real Estate Professionals Sharing Information & Building Relationships MEETINGS: The First WEDNESDAY of each month. 5:00 p.m. Social / Welcoming 5:30 p.m. Announcements 6:00 p.m. Speaker ***PLEASE NOTE: OUR NEXT SEVERAL MEETINGS WILL BE HELD AT TONY'S RESTAURANT-RT. 21/WASHINGTON IN GURNEE, IL UPCOMING SCHEDULE CAN BE FOUND ON THE PREVIOUS PAGE! Real Estate Committee Co-Chairs: Liz Rochford Leslie Klocek [email protected] [email protected] 847-679-9993 847-245-8871 847-676-4103 Fax 847-245-8873 Fax • January 15, 2007 Martin Luther King Jr. Day What are you waiting for? Power your practice with CastleLink. Castlel·ink To learn more about Castle Link, Chicago Title's attorney agent program, please contact Scott Mrozek at (630) 222-2843 or [email protected] January 2007 The Docket Page 23 LfBA Criminal Trials and Appeals Committee - Minutes - December 14, 2006 by Steven P. McCollum, Chair embers present: Judge was the nomination by the com formation from Continuing Le Rossetti, Judge Fore mittee Chair of Keith Grant to gal Education Chairman Richard M man, David Brodsky, continue to act as committee Kopsick concerning the approval Suzanne Willett, Joy Gossman, Vice-Chairman. This motion of those credits and procedures Greg Ticsay, Keith Grant was seconded by David Brodsky to be followed. It was agreed (Committee Vice-Chairman), and unanimously approved. that a sub-conmlittee consisting Christopher Lombardo, Martin The Committee then dis- of the Chairman (Steve Blumenthal and Steve McCollum), Vice-Chairman McCollum (Chairman). (Keith Grant), Judge Victoria Next Meeting: January Rossetti, and Suzanne Willett 25, 2007, at 12:00 Noon in would coordinate the Brown Courtroom C-201 Bag seminars that should be CALMECSM Global Law Group IW DAVID L. GATES & ASSOCIATES Represelltillg the World INDIVIDUAL, MARITAL AND FAMILY THERAPY Domtslic Violence English & Spanish IMMIGRATION Anger Manal1;tmenl [,-cning & Saturday Appls. Available AlcoholllDrug Addiclion/lnlrn't nlions Rusonable Rales Permanent Residency ("Green Cards") Custody, Visilalion, Divorce Mediation Licensed Marital & Family Therapist Christian Counseling Culified Alcohol & Drug Counselor Employment and Family Visas Thtraplay® Approved AAMFT Supervisor Defense from Deportation/Removal Sexual Addictions Consequences of Arrests/Crimes 847-625-0606 SOl N. Riverside Dr., Suite J II 847-996-0888 Andrew Sagartz, MBA, JD Gurnee, IL 60031 American Immigration Lawyers Association (Members since 1997) www.davidlgates.com brown bag will be presented by N.E.2d 893, (2dDist. 2006), which view that agreement in a confer attorneys from the Lake County was recently decided by the Sec ence. Generally the Committee State's Attorney's office and a ond District Appellate Court. members discussing the Garibay representative from A Safe This case determined that the case agreed that there would be Place. The second portion of the Rule 402 conference held in the no practical change in proce meeting will be moderated by case was flawed due to the lan dures that are being followed in Judge Victoria Rossetti and other guage used by the a ttorneys and the 19 th Judicial Circuit, but that criminal court judges. Members cou rt in describing the purpose the language used by the parties are encouraged to familiarize and results of the 402 confer should conform to the require themselves with Local Court ence. Attorneys who are seeking ments that the decision laid out. Rules 2.01 and 2.02 prior to the 402 conferences are encouraged As a personal note, I would meeting, so that the Judges can to read the Garibay case and like to point out that, according receive input concerning the carefully follow its dictates con to the Lake County Bar Associa practical import of the applica cerning language to be used tion records, the Criminal Trials tion of these rules in a criminal when requesting that confer and Appeals Committee cur setting. The Rules may be found ence. Generally, it is expected rently has one-hundred and online at hl:tJ!:lIwww.19thcir that the Court will conduct a 402 thirty-two (132) members, but cuitcollrt.s ta te. il.1I slrll/esl conference when it is made clear our monthly meetings in the rules02.htm. on the record that the attorneys past have had very low atten Judge Rossetti also presented from both sides have reached a dance. Since these meetings will the case of People v. jUail C. Gari tentative agreement on the case generally include CLE credits in bay, 366 lll.3dApp. 1103, 853 and wish to have the court re- the future, it would be beneficial to all of us if the criminal practi tioners in Lake County could become a more vocal part of the VAHL REPORTING Bar Association and work to SERVICE gether to improve our court sys 30 YEARS EXPERIENCE tem. 110 N. West Street If any members have Waukegan, Illinois 60085 comments or suggested (847) 244-4117 agenda items for future Conference Room Available meetings, please Co/ltact me at [email protected] Real-Time Videographer ASCII Disk or (847) 662-2474. January 2007 The Docket Page 2S LfBA Family Law Committee - Minutes - November 28, 2006 by Thomas M. Gurewitz, Chair was surprised to see my understandings. Judge Waller was the main comments on the August I took issue with Judge force behind the crea tion of I Family Law Meeting as part Starck's comments that we Kids Korner; she instituted the of Judge Starck's September wouldn't receive a fifth judge paren ting class before it became Docket column. I was disap (at the time we were electing fashionable; she spearheaded pointed that my remarks were three new circwt judges) until the creation of our evaluator's addressed personally as op he had resolved the problems list (DuPage and Lake came up pused to simply being my opin that beset our division which I wi th the idea approxima tel y the ion regarding issues dealing reported in general fashion. same time) and, when she was with the family law division But what I was most con Chief Judge, appOinted Judge and how to resolve them. cerned with about Judge Hall who with several family Judge Starck was correct Starck's statement: "needless to law members and Judges' help when he stated that my writing say, [I] was not happy about created a mediation local court was not the minutes of the changing the way we do busi rule. meeting. Even though one Chief ness." The inference is as long The evaluator list started Judge thanked me for an article as we are personally financially with a conciliation requirement. on civility, and other Chief comfortable, we are too lazy to We were laughed at by, ahem, Judges, over the years, have really care what kind of mess lawyers from the South who in complimented me, one Judge we have on the first floor. dicated all the conflicts, etc. But (not a Chief Judge) complained Our committee is always strangely it now seems to fit about the format. I responded to willing to get involved and as with the Supreme Court's posi the Bar that my columns were sist the family law courts spe tion on mediation. And I en intended to promote discus cifically and our Judicial Circuit joyed the Illinois State Bar Asso sions and encourage interaction in general as much as we possi ciation's Annual Meeting in (one cri teria of CLE) among the bly can with our mutual goal June when almost all the other members of the Family Law being to make the courts better Counties were scrambling to Committee. As a result, the and therefore more responsive meet the Supreme Court guide Docket suggested labeling my to the public we serve. We work lines while, because of our articles "musings (Annie Con closely with Judge Waller as Judges' foresight and the efforts roy's word), minutes and other presiding Judge and, in the past, of our Committee, all Lake stuff." I will ask the Docket staff with Judge Hall, when Judge County had to do was adapt a to title my column that way in Waller was Chief, on numerous few time changes to comply the future to prevent any mis- issues and innovative changes. with the new Supreme Court Page 26 The Docket January 200 Rules. Each week the Court will try to I am really excited about th Our committee was the only assign cases, where both or one Seminar. We are putting to committee who regularly met party is pro se, to the morning gether one morning to deal witl with Chief Judge McKoski Court call wherein that particu all stages of a trial, with exper when he sought the help of the lar Judge has the use of the me tips and hopefully some judicia Bar Associa tion in crea ting the diator in an effort to help, just a inSight, from the discovef) new courtrooms. And, when the little bit, to relieve the conges stages, past the preliminary mo Family Law Division was look tion on our floor. tions, through trial preparation ing to ease the heavy caseload, Following is a sched ule for to trial stra tegy and the trial i t especially with pro se's, the me the Family Law Committee so self. The next morning will be dia tors in our commi ttee vol un that you see what Judge will be taken up with 6046's, our guest teered their time pro bono to having the use of that mediator speaker, hot topics and perhaps "concilia te" issues in the hope on whatever Tuesday. You a surprise ski t. of resolving cases and removing migh t wish to avoid these Court Finally, a special thanks to them from the court call. dates if you have an especially Judge Ortiz for speaking re The Family Law Committee complicated issue and two law garding the requirements of be is a leader in the bar and legal yers are involved while you ing a Guardian Ad Litem in community. We perennially might actively seek that particu adoption cases. The lecture was have been in leadership posi lar courtroom if you have a pro well-attended. And it was ex tions in the LCBA and A W A. se on the other side and it's an tremely useful since we had an The members are active in VLP, issue that can be handled sim experienced Judge detail not Law Day school classes and ply by having an independent only what he's looking for but Young Lawyer activities. We person listen to the argument. problems that he has encoun put together seminars, help de The Eval ua tor's meeting for tered based on handling the velop forms and help the family December], 2006, was cancelled adoption call for the last couple law division judges with educa due to inclement weather. The of years_ I do have Judge Ortiz's tional trainings. next evaluator's meeting will be hand-out available and I can In my opinion, the real issue on January ]9, 2007, at ]2:30 send tha t off to you upon re we must face is the unbearably p.m. quest. You don't get the CLE heavy motion calls in the morn There is time to sign up for credit tha t a ttendance brings bu t ing, not the trials in the after the Family Law Seminar in you will at least gain some noon. I believe strongly that an Santa Monica on February 23 knowledge! Again, thanks to · other judge is needed for our and February 24, 2007. The Judge Ortiz for his efforts In division. Any additional judicial sched ule is all set and as sta ted putting this together. resources would be appreciated. previously we will be staying at Happy Holidays to all . This colwnn continues to be a the Doubletree Hotel in Santa forum to hash out ideas to im Monica. Thursday night's get DATES THE COURT IS prove the Family Courts and the together will be at Rusty's Surf NOT IN ATTENDANCE; Family Law Committee stands Ranch. The Friday group activ ready to work on all of these ity will be a trip to the Sony Pic Judge Waller-12/21, ]2/ 22, issues with the Chief Judge. tures Studio and the group will ]2/26,]/]2,1/29,1/30,1/31 Speaking of mediation, start meet at the Doubletree Hotel ing in January, the Family Law after a cocktail hour at Gotham Judge Waldeck-12/22, 12 /26 Courts will have someone from Hall for Saturday dinner. We the mediation list act as a expect to qualify for 8.0 CLE Judge Winter-12/ 18-12/29 "concilia tor" to sort ou t the is hours and if you need an end of sues in selected cases and make the year write-off, now is a per ]udgeOrtiz-]2/26-]2/29 suggestions on resolving them. fect time to sign up! 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WEST WestLegalEdcenter" Page 28 The Docket January 20m Wills, Trusts, and Probate Committee Annual Seminar FRIDAY, NOVEMBER 17, 2006 Sponsored by THE NORTHERN TRUST COMPANY by Liz Rochford hiS year's seminar was a sincere appreciation to the pre Updates HUGE success, with a senters who spoke during the • Lou Archbold-Elder Abuse T sold-out crowd and our seminar, including: Prevention and Avoiding Fi first-ever waiting list! Our speak • Scott D. Boyd-Long Term nancial Exploitation of the ers kept the audience's attention Care and the Impact of: Rate Elderly with enlightening topics and Stability, Tax Deductibility • Dr. Neil H. Pliskin- Assess moving stories from personal ex and Advisory Responsibility ing Cognitive Capacity in periences. The Northern Trust • Paul L. Kasriel-Starus of the Older Adults Company graciously hosted a Economy • David Lutrey-Guardianship delightful cocktail reception fol • Robert Weber and Edmund and Power of Attorney Over lowing the seminar, while those McGlynn-New Legislation lap Issues in attendance discussed the en on Charitable Giving and Tax • The Honorable Judge Mary gaging topics presented that day. Law Updates Schostok- View from the Again, I would like to extend my • Jack Richtman- Probate Law Probate Bench January 2007 The Docket Page 29 "This year's seminar was a HUGE success, with a sold-out crowd, and our first-ever waiting list!" I! ~~~~~~~~~~~~~~~~~~~~~~ ~ Lake County Bar Association ~ ANNUAL FAMILY LAW CONFERENCE ~ ~ - DOUBLETREE GUEST SUITES- 1707 Fourth Street, Santa Monica, CA 90401 ~ (310) 395-3332 - www.doubletree.com ~ February 22-25, 2007 ~ - LIMITED BLOCK OF DISCOUNTED ROOMS AVAILABLE!- ~ ~ SCHEDULE OF EVENTS ~ Thursday. February 22. 2007 ~ 6:00 p.m. - 8: 00 p.m. Complimentary Welcome Reception • ~ Rusty's Surf Ranch - (310) 399-8886 ~ 256 Santa Monica Pier ~ Friday. February 23. 2007 & Saturday. February 24. 2007 Rise and Shine Continental Breakfast ..· ~ 7:30 a.m. - 8:30 a.m. Seminar ..• ~ 8:00 a.m. - 12:00 noon Carousel Meeting Room - Doubletree Guest Suites ..• ~ I ~, ' Friday. February 23. 2007 ;1 ~ Optional Group Activity , ' Two-Hour Walking Tour of SONY PICTURE STUDIOS 4 ~ 2:30p.m. '1 ~ Saturday. February 24. 2007 1~ , ' Cocktail Reception Dinner ~ 6:00 p.m. - 7:00 p.m. 7:30 p.m. ;J ~ Gotham Hall - 1431 Third Street Promenade Doubietree Guest Suites ~ " MENU , ~ Traditional Caesar Salad with Garlic Croutons ~ , ' New York Steak with Au Gratin Potatoes , ~ OR ~ , ' Salmon Steak with Garlic Mashed Potatoes , ~ OR ;Jl , ' Chef's Choice of Vegetarian Entree , ~ WITH ., ~ Three Layer Chocolate Cake 1- ~~~~~~~~~~~~~~~~~~~~~~1 ~~~~~~~~~~~~~~~~~~~~~~~ .~ 1'" 8.0 C.L.E. CREDITS PENDING 1'" : ; Please Complete and Return This Portion ; I 1'" Seminar Participant: 1'" ~ 1'" Guest: 1'" [ ; Telephone: ( ) EMAIL: ; ,! Complimentary Welcome Reception ! I' Thursday, 2/22/07 #Attending @ No charge I' 1'" Seminar 1'" 1'" Friday, 2/23/07 & Saturday, 2/24/07 #Attending @ $225 pp 1'" ~ Seminar Registration Fee Includes: ~ I ' Seminar Materials I ' 1'" Continental Breakfast 2/23/07 and 2/24/07 1'" (1) for Cocktail Reception - Gotham Hall, 2/24/07 1'" (1) for Group Dinner - Doubletree Guest Suites, 2/24/07 1'" 1'" New York Steak Salmon Vegetarian 1'" 1'" Guest Ticket Includes: #Guests -. @ $50 pp 1'" ; (1,' CooktaU R.oopUon - Gotham Hall - Satu,day. 2124/07 ; 1'" (1) Group Dinner - Doubletree Guest Suites - Saturday, 2/24/07 1'" 1'" New York Steak Salmon Vegetarian 1'" ~ Optional Group Activity ~ I' Sony Picture Studio Walking Tour #Attending @ $25 pp I' ~ Friday, 2/23/07 ~ I' 2·30 P m - 4·30 P m **Transportation not included I' I; ...... Total Amount Enol"ed: ; ~ PLEASE RETURN TO: ~ I' - LAKE COUNTY BAR ASSOCIATION - I' 1'" 7 N. County Street, Waukegan, IL 60085 1'" 1'" ON OR BEFORE FRIDAY, JANUARY 19, 2007 1'" ~~~~~~~1'"~~~~~~~~~~~~~~~ Page 12 The Docket January 200 LfW Lake County Bar Association announces the newly-formed Publicity and P. R. Committee Shyama Parikh, Chair [email protected] Hon. Margaret Mullen Perry Smith [email protected] smith@[email protected] Lena Memmos Amy Darling [email protected] [email protected] This committee was developed as a means for the LCBA to communicate with its members and the public. We hope to share important news that affects the legal community and Lake County residents, including births, deaths, marriages, milestones, and other accomplishments, whether social, professional, or philan thropic, that have an impact on our Lake County's bench and bar. Please check out our new column 7he 2]'J{apevine on the following pages! We need your help! Please submit any information or questions to [email protected] or contact any of the committee members listed above. January 2007 The Docket Page 11 ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ..~ ' .... : :;~ :;~ .~~ .,~ :;~ • Congratulations to Circuit Judge Mary Schostok for being elected Treasurer :;~ :;~G~~.. of the Illinois Judges Association in JWle 2006. The IJA is a professional asso- :;~G~~.. t ;) ':r. ciation of over 1000 sitting and retired judges that advocates for the common to) ~ ~ :;~G·~.. interests of its members in their active and retired judicial capacity. Judge :;~G·~.. t ;) ':r. Schostok has served as a Lake County judge since 1998 and hears all probate to) ~.. ',. and arbitration matters. •~ .. ',. :;~ .;~ .~'. • On December 18, 2006, Judge George Bridges was ceremonially sworn in as .~'. ~~ Circuit Judge by Illinois Supreme Court Chief Justice Robert Thomas. Judge :;~ .~, Bridges was appointed to fill the vacancy created by the retirement of Judge .~, :;~ Stephen E. Walter, effective November 1, 2006. He will sit for election in :;~ .~, 2008. An associate judge since 1995. He was formerly the Chief of Police of .~, :;~ the City of Waukegan, and also served as an Assistant State's Attorney. :;~ .... ' ..~ ' :;~ • Lake County's newest Circuit Judge, John T. Phillips, was sworn in Monday, :;~ .~'. December 4, 2006, by his close friend, Circuit Judge George Bridges. Judge .~'. :;~ Phillips was elected in November 2006. On the bench since his appointment :;~ .' as Associate Judge in 1993, Judge Phillips hears cases in the Felony Division. .. :;~.. • Congratulations to Mark C. Curran, the newly-elected Lake County Sheriff. ;~.. ;~G~~.. Sheriff Curran was sworn in on December 1, 2006. He was previously an As- ;~G~~.. •' sistant State's Attorney from 1990 to 1998, an Assistant Attorney General .. ;~G'·~.. from 1998 to 2001, and a sole practitioner from 2001 to 2006, specializing in ;~G~~.. •' criminal defense and civil litigation. ., .. , .. ' :;~ • Congratulations to Kelly Collins, her husband Steve, and daughter Cailyn on :;~ '~'" the newest member of their family, Caroline Doyle, born on November 6, '~:" :;~ 2006. She was 7 pounds, 2 ounces, and can simply be described in one word, :;~ .,.. beautiful! ..... :;~ :;~ .... , .. .. ' .. .. ' .... - .... ' .... , .... ' .... , .... ' .. .. ' .. .. ' .... ' .... ' .... ' .... , .... , .... ' .... ' :;~:;~:;~~~:;~~~:;~:;~~~:;~:;~:;~:;~:;~:;~:;~:;~:;~ Want to join our committee? It's easy and fun! Just contact us and we'll fill you in! Page 34 The Docket January 200 Please help us share your news, including professional, philanthropic and social accomplishments/awards, as well as updates on achievements and milestones. You can write to us at [email protected]. or contact any ofthe committee members listed! ..p , ..p ' ..p ' ..p ' ..p ' ..p ' ..p ' ..p - ..p ' ..p ' ..p ' ..p , ..p ' ..p ' ..- , ..p , ..p , ..p ' !;~N~!;~N~N~N~!;~N~N~!;~N~!;~!;~!;~N~N~!;~N& •• •• • Maer 1. Davis has merged his former practice of Law Offices of Maer 1. Davis !;~•• N~•• !;~., with Shaw & Foley, L.L.C as of November 2006. Maer had been on his own N~. (j) since 1969 and decided to make a change to better serve his clients and assist (j) !;~.,p Shaw & Foley in his areas of expertise, which include real estate, family law, !;~- . (j) estate/ probate and business law. He can be contacted at his old address, (j) ~ ~ !;~""'_,., telephone number and fax number or at Shaw & Foley, L.L.C Congratula- .;~ (j) .,t. tions, Maer! . (S"') N~- • Many thanks to Elliot A. Pinsel, who successfully coordinated the 14th An- N~- ., nual Holiday Gift Drive to collect holiday gifts for those in need. With the .'. !;~ help of many Lake County residents and the legal community, over 500 gifts N~ ..... were donated this year for residents of Ann Kiley Center, Arden Shore, Sta- ..... N~ ben House/ Staben Center and DCFS. N~ •• •• !;~ • Congratulations to Marjorie Sher and her husband, Robert Bernstein, on the Nrn.. ~ arrival of their children: Cole Louis Bernstein, born September 19, 2006, and ~ .. ' .. ' !;~., Ella Jade Bernstein, born October 15, 2005. Their new additions have made N~•. ~ the Bernstein home complete. ~ ~ ~ N~ • Our condolences to Scott Sinton on the passing of his father, Howard S. Sin- !;~ ...., ton (May 6, 1938-November 16, 2006). Mr. Sinton was husband to Marti Sin- ..... N~ ton, father to Scott and Beth, and grandfather to 5 grandchildren. He will be N~ .,-. missed. •.... !;~ N~ •• • On August 18, 2006, Scott Sinton started exclusively practicing family law •. !;~ with Sinton & Lampert. Scott and Susan Lampert have known each other for !;~ •. approximately eight years and established their firm approximately a year •• !;~ and a half ago. Good luck Scott and Susan! N~ •• •• • WI • • Best Wishes to Michelle Wiejaczka on the relocation of her sole practice, :'~'I . .;~ WIEJACZKA LAW, P.C Her new office is located in Hawthorn Woods, and .;~ p p :·~'I. she specializes in family and collaborative law, traffic and criminal defense. '.~;.. • .;~ N~ p p p p p p p p - p p p p p p p p p .. , .. ' .. ' .. - .. ' .. , .. ' .. ' .. ' .. ' .. ' .. ' .. ' .. ' .. , .. ' .. , .. ' !;~N~!;~N~!;~N~!;~!;~!;~N~N~!;~!;~N~!;~N~N~N~ I January 2007 The Docket Page 35 I I LAKE COUNTY BAR ASSOCIATION MONTHLY BUSINESS MEETING TUESDAY, JANUARY 23,2007-12:00 NOON o 10TH FLOOR ASSEMBLY ROOM 18 N. COUNTY STREET-WAUKEGAN, ILLINOIS LUNCH WILL INCLUDE: SANDWICH, CHIPS, COOKIE AND BEVERAGE $5.00 PER PERSON-LCBA MEMBER $10.00 PER PERSON-NON-MEMBER SPECIAL GUEST SPEAKER: NINETEENTH JUDICIAL CIRCUIT CHIEF JUDGE CHRISTOPHER C. STARCK ENCLOSED PLEASE FIND MY CHECK IN THE AMOUNT OF $ FOR RESERVATION(S) FOR THE MONTHLY BUSINESS MEETING ON TUESDA Y, JANUARY 23, 2007. PLEASE TYPE OR PRINT: NAME: PHONE: REMIT TO: LAKE COUNTY BAR ASSOCIA TION 7 N. COUNTY STREET-WAUKEGAN, IL 60085 (847) 244-3143 ADVANCE RESERV A TrONS REQUIRED PLEASE RESERVE IN ADVANCE-HELP US TAKE GOOD CARE OF YOW! Page 36 The Docket January 200 I There are many directions Illinois lawyers can turn to for legal professional liability insurance, but only one clear choice - ISBA Mutual Insurance Company! Because ISBA Mutual is comprised entirely of Illinois lawyers and is the endorsed professional liability insurance program of the Illinois State Bar Association, we are in a unique position to truly understand the issues that you face on a daily basis. To choose the right direction CALL 1-888-473-4722 or visit www.isbamutual.com -ISBA MUTUAL INSURANCE COMPANY January 2007 The Docket Page 37 Lake County Bar Association THE PRESIDENT'S DINNER Keynote Speaker: Justice Ann M. Burke Friday, January 26,2007 KNOLLWOOD COUNTRY CLUB 1890 Waukegan Road-Lake Forest, Illinois Please join us in honoring DONALD T. MORRISON and HAROLD H. WINER Recipients of the PROFESSIONALISM AND ETHICS A WARD and Special Recognition of Ms. Patricia L. Cornell Outstanding Young Lawyer 6:00 p.m. Cash Bar 7:00 p.m. Dinner Business Attire Kindly Respond by Friday, January 19, 2007 At $75.00 Per Person-Enclosed Please Find a Check in the Amount of$ ______ Mr.(s) ______Entree: o Filet Mignon o Grilled Salmon Mr.(s), ______Entree: o Filet Mignon o Grilled Salmon Please respond by Friday, January 19, 2007 Lake County Bar Association 7 North County Street-Waukegan, IL 60085 (847) 244-3143 Ticor Title is committed to providing value-added services and programs for its attorney customers. Now attorneys can team up directly with one of the nation's leading underwriters as a member of the Ticor Title Attorney Agent Program. By joining the Ticor Title Attomey Agent Program, you will For more information on the Tieor Approved'· enjoy a wid. array of benefits ... 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January 2007 The Docket Page 39 LAKE COUNTY BAR ASSOCIATION - EVENT SCHEDULE - JANUARY 2007-JUNE 2007 JANUARY 2007 Business Meeting LW1cheon with Chief Judge January 23,2007 President's Award Dinner January 26, 2007 Bwwn Bag Presentation TBD FEBRUARY 2007 Family Law Seminar February 22-25, 2007 Brown Bag Presentation TBD Monthly Business Meeting TBD MARCH 2007 Medical/Legal Dinner March 3, 2007 Annual Meeting LCBA/LCBF March 20, 2007 Brown Bag Presentation TBD APRIL 2007 Real Estate Seminar April 20-22,2007 Ask A Lawyer Day April 28, 2007 (tentative) Brown Bag Presentation TBD Monthly Business Meeting TBD MAY 2007 Civil Trial & Appeal Seminar /Golf Outing TBD Memorial Service TBD New Attorney Swearing-In Ceremony Elgin, Date TBD Brown Bag Presentation TBD Monthly Business Meeting TBD JUNE 2007 Installation of Officers Dinner June 1, 2007 Brown Bag Presentation TBD Page 40 The Docket January 2007 BAR BULLETIN BOARD WOODSTOCK-Professional office build- DOWNTOWN WAUKEGAN-Across ing has two prime 1540 square foot suites from Courthouse, 275-675 square feet. 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