THE DOCKET Th E Official Publication of the Lake County Bar Association January 2007 • Vol
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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. The ATG 2006 Customer Satisfaction Survey indicated 98% of members and customers who closed real estate transactions in our offices gave our closers a rating of "Excellent" - the highest rating in the survey! We're so confident in our ability to serve you and your clients, that we're extending to you the Attorneys'Tide Guarantee: If you, the attorney representing the buyer or the seller, are dissatisfied with any aspect of ATG's Closing Services Department that is within our control, we will refund the affected party (buyer or seller) S200. Cash money. Period. To schedule your next closing at an ATG office, or to find out about ATG membership, can us at 800.252.0402. To hear more about the Attorneys'Tide Guarantee, call me directly: 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!<li Issues Bulletin Board (847) 244·3143 • (847) 244·8259 FAX Eighth Page 550 $45 $40 Up to Slines 525 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.} [ 2007 ] Stop wasting time traveling to distant closing sites only to spend more un-compensated time waiting for lender funding. [Utilize Counseled Video Closings ™ service for secure top quality video conference connection from your law office to the buy side closing site eliminating all travel and waiting time.) [ 2007 ] Start realizing a segment of your prior real estate clientele is being pre-empted by Broker captive/commercial title agencies and do something about it. [Join the HCA Group Legal Program, the region's fastest growing Legal Service Plan, which affords counsel with client access before controlled business.) [ 2007] Start embracing the necessary Technologies that will deliver the next generation of real praperty clients. [Use PNTN web links from new client pools directly to your law firm.) .......••..•......••••......•••.•.....•.••.•••.................•..•.••.•.......••...•••••..... Upon realizing that your current title partner has no viable plans to Promote or Protect your practice in 2007 or beyond, make the Resolution to call Suzanne Cronin at 773-238-7100. Professional National Title Network, Inc . ..-1.i-'~ ~II~ ""~." ...,.,, . CHICAGO' CRYSTAL LAKE' JOLIET' LIBERTYVILLE' lINCOlNWOOO ' LOMBARD OAK LAWN' OLYMPIA FIELDS' PALATINE' TINLEY PARK PNTN is an agent for the Florida Fund, the nation's largest bar relatecf' title group operating exclusively through law firm members since 1947. I' January 2007 The Docket Page 3 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 SYLVESTER LAW FIRM, PC • Trust Litigation www.sylvesterlawfirm.com • Estate Litigation Toll Free (866) 369-1200 • Will Contests Lincolnshire, Illinois & Wisconsin • Estate Planning Page 4 The Docket January 2007 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.