THE DOCKET The Official P!lblicatioll of thl' Lake COlll/ty Bar Association March 2006 • Vol. XIII, No.3
In This Issue: Preserving the Trial Record For Appeal in Illinois Civil Cases
OFFICE COpy
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MARCH 2006
3 On the Good Old Days ...... Deborah L. Goldberg, President
5 Chief Judge's Page ...... Hon. Christopher C. Starck, Chief Judge 7 Preserving the Trial Record for Appeal in Illinois Civil Cases ...... Timothy f. Storm
11 The Dead Man's Act Under the Gunn ...... Rick Lesser
15 Securities Regulator Issues Its Review for 2005 ...... James J. Eccleston
17 New Limit on Small Claims Cases ...... David E. Bender
19 When to File fo r Federal Trademark Registration ...... /ustin Lempel
21 CardScan Executive: The Way to Clear Business Card Clutter! ...... Alan Pearlmall
25 Family Law Committee Minutes ...... Thomas M. Gurewitz, Chair
29 Civil Trial and Appeal Committee and Legal / Medical Committee Minutes ...... Scott B. Gibson, Chair
The Lake County Bar Association Adv~rti5:ing On, Six TW('I\'(' 8" 7 North County Street · Waukegall, Ill inois 60085 ~ Illi!J< llli!J::i ~ ~ ul1 !:;tin Board (847) 244·3143 • (847) 244-8259 FAX Eighth Page 550 $45 $40 Up to Slines $25 2005/2006 Executive Board Quarter Page $90 $80 $70 6 to 10 lines $35 Deborah Goldberg-President Half Page 5135 $120 5105 11 10 15 lines $40 Robert S. Smith, Jr.- 1st Vice-Presidmf Photographer Fredric Bryan Lesser-2nd Vice-President Ga ry Schlesinger Full P"ge $230 5205 $180 16 to 20 lines $45 Stuart A. Rei d-Treasurer To place an ad or for information on advertising rMes, call (847) 244-3143. Bryan Winter-Secretary Editorial Submission deadline: First dol}' of month prl'Ceding the month of publication. All Bernard Wysocki- Immediate Past Presiden t Coordinator submiSSiOns must be madl.' on diskette formilt accompanied b)' a hard copy. Diskettes are returned to 7 N. County Street. Waukegan. and if not retrievt.'Ci by ASM . lnc. the author/owner within thirty (30) dOlYS of publication, become property of the 2005/2006 Ed itorial Board Lake County Bar Association. Karen Fox & Daniel Shanes-Editors Staff The Dock('t is the official publication of the Lake County Bar ASSOCiation, 7 Ann Buche Conroy N. County Str~t, Waukegan, IL 60085 (847) 244-31 43, and is published monthly. Amy D. Darling James DeSanto Subscriptions for non-members are $45.00 per year. Excwlive Director Hon. Mitchell Hoffman Reprod uction in whole or part without permission is prohibited. The opin Melissa E. Brown ions and positions slated in SIgned material are thnse of the authors and not Richard Kopsick necessarily those of the Association or its members. All submitted manuscripts James Simonian ExeclIli{J(> Assistmlt are considered by the Editorial Board. All letters to the editor and articles are Hen. Jane Waller subject to editi ng. Publication of advert isements is not to be construed as an Hon. Diane E. Winter endorsement of any product or servin' advertised unless otherwise stat£'d. No other software crunches divorce numbers as well as FinPlan FinPlan Divorce P'anne ~ : Helps you evaluate settlement proposals divorce software can. Take It to client meetings . negotiation from a financial perspective. taking all tax consequences into account. sessions ... even to court . Use it to quickly and accurately prepare FinPlan Divorce Math: Helps you calculate present value. and analyze settlement offers ... view the consequences (to both pension value. alimony recapture and other values. and creates parties) of changed variables ... and present persuasive proposals. understandable, printable reports. Specialized products for every stage of the divorce process FinPlan Equal Shares: Helps you prepare marital balance sheets and There are four FinPlan divorce software programs. Each has equitably distribute marital property with point-and-click ease. a unique and important role to play in the divorce process. Several of them can share information with each other. FinPlan Assets+: Helps you gather. edit and compare complete To learn how FinPlan divorce software can help client information in a well-organized manner and prepares put you on the fast track to fair settlements, thorough financial affidavits. please call 1-800-762-5272.
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VVEST• March 2006 The Docket Page 3
On the Good Old Days
by Deborah L. Goldberg, President
1 osh, we lawyers like to whose word is sacred to me. my clients' tax funds for our use tell war stories! As a They know and I know, how without charge. From our glass G new attorney, it an ever, that we are all mortal and is half full department, I'm glad noyed me. Later, it grew on me, occasionally misrepresent the tha t a few spaces ha VI" been re but the intellectual side of me truth. Or, that one's assurance is opened and made available to questioned why we do it. I've frequently built on information the public, albeit for a charge. I got some theories: For one thing, from a client which may be dis also get a kick out of the talking ours is frequently a lonely, un honest or just plain wrong. I do machine which takes payments. pleasant profession and misery not take it amiss if a treasured This was never available in the loves company. For another, we colleague wants to see the sup old days. I do not, however, like are technicians and like to porting documents, and r doubt the license of popping in on the bounce ideas off of one another my circle of friends does either. judges without warning to the either prospectively or retro Personally, I'm always quick to other side. Call me kooky. No spectively. As another perspec tell counsel if what I'm saying tice is a good thing tive, we're also raconteurs and comes from the client, and I fre The bit about nothing hap enjoy dazzling an audience. quently encourage them to re pening in the summer. I wonder Whatever the reason, I do enjoy member that. I hardly believe it's if this is rea lly true, or if memo listening and sharing some of in anyone's best interest to go ries just grow fuzzy with time. It my expenences. Where I do back to a more naive time. is a bit hard to believe that the grow impatient is the harping I also hear references to a County shut down in summer. and yammering about the good time when lawyers just wan Perhaps things were scheduled old days. dered around the back corridors more congenially around vaca , I suppose the underlying at will and felt free to drop in on tions than they are now. question is what good old days the judges for a cup of coffee or I guess here's my point. I are we missing? The ones where to discuss a case. Boy, that must Things are not so awful now. It's all the practitioners in Lake inspire confidence with the pub something insulting to keep tell County looked alike, thought lic about how our system works! ing us how halcyon things were alike and practiced alike? Or, It may have made practice eas then and how crappy they are perhaps, before ISBA Mutual ier, and it undoubtedly made now. What, is it because we're a and the public challenged some practice more pleasant, but I'm different bunch of people? Is it of our more colorful practices? I not sure it's something we because we're different? Is it be often hear about handshake should miss. This is not about ca use the practice has gotten deals and one's word being one's court security, mind you. I, too, harder with technology and be bond. Honestly, I've been here miss the days when attorneys cause the numbers and diversity 18 years and I don't remember entered the courthouse without have increased to the point that being the prevailing atti the suspicion of being a terrorist. where we're not predictable? tude. Certainly, there are attor I also miss the parking structure I will grant you things are neys I know, admire and trust which was built with my and not the most civil in the world. I Page 4 The Docket March 2006 don't think this is in characters who were here. comparison to an earlier You m ight learn some ti me, though, I think this techniques. is absolute. We can harp Please check out the DEPOSITION REPORTERS on this until the cows ~ rest of The Docket AND come home, but I don't our fabulous website fo r COURT REPORTERS think we're going to cure meetin g and acti vity it. The sheer numbers of P.O. Box 9275 a nno uncem ents, a n d people practicing, plus Waukegan, IL 60079 please try to partici pate. (847) 356-6834 The Ba r Association is our clients' expectations (847) 356-5354 FAX fu eled by the media, only as active as you means that, statisticall y, Deborah L. Severson, CSR make it. We're looking for some are going to be jerks. new officers for the I guess the bottom line upcoming year, so don't here is ca w e diem. This is not a about and participate in exciting hesitate to no minate yourself. It's bad time to practice, so li ve fo r new happenings in the field. For always a good time to sign up the now, not fo r the then. Get to the younger fo lks. get past the with the Volunteer Lawyer's know some of the neat new folks implici t insult of the more Program. practicing. Don't be afraid of, but experienced attorneys longing fo r Ta lk to you again nex t month. embrace the new technology. the good old days and listen to Revel in the opportunity to read some of the cool stori es and cool
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Chief Judge's Page
by Chief Judge Christopher C. Starck
n the everyday li ves of most special from what might seem an ting word. He saw a world filled people there are opportunities unlikely source. An attorney with enemies of justice and de I to collect little mementoes that named Charlie Wilson became a plored the "petty functionaries" (as keep alive treasured recollections local legend around our court he ca ll ed courtroom staff) who of our past. In some cases it could house due to his tenacious defense made his life difficult by insisting be a photograph of a wonderful of citizens charged with criminal upon such things as arriving on vacation spot or personal event or offenses, hi s loud and cantanker time for motions, some level of milestone. It might be a souvenir ous battles with fellow attorneys, quiet in the courtroom and refrain from a trip or a piece of artwork. and his not-sa-infrequent disagree ing from launching stacks of paper Stop by my office and you will see ments with individu"1 judges and through the air in response to an a number of seashells that I have with the bench as a whole. More adverse ruling. collected over the yea rs walking on senior members of the Bar (I chose The first time that I ran into the beaches of Sanibel Island and not to say "old er") will smile when Charlie was in the misdemeanor other tropical spots. Oftentimes they remember some of their favor cou rtroom. I was there just cover those trinkets provide an insight ite Charlie stories-and there are ing a status matter for another at into the real person who just hap lIlallY great Charlie stories. torney one afternoon. When I went pens to be an attorney or judge. Charlie was a man with a big into the room, the judge was not on As attorneys and judges we heart who prided himself with rep the bench and I approached the also seem to collect certificates, resenting folks who desperately clerk to check in. Charlie was awards and other lawyer-type needed legal assistance regardless standing in front of the bench keepsakes. Look around your of of whether they could actually pay wearing his black-rimmed glasses, fice and I'll bet that you see things for the full value of his services. To complete with some tape holding with scales of justice, gavels, carica some, he had a Don Quixote-like the arm to the lenses, and looking a tures of greedy lawyers and other quality, sometimes being accused bit agitated. The deputy came into little trinkets that your family and of jousting with windmills. But the room from the back hallway, friends thought would look just most of us realized that he per approached him and, in a polite great in a law office. formed a critically needed service tone, said "Mr. Wilson, the judge Some of the awards and certifi for citizens who couldn't find a knows tha t you are here and he cates can just clutter an already voice in the legal system. His pas will be out in just one minute." overwhelmed workspace and, in sion for doing the right thing, as he With that Charlie yelled, "Well time, find their way to a box in the beli eved it, could not be surpassed. that's just .@#%@& great!", took off closet. I was never real big on dis If a person got on the wrong his glasses and hurled them against playing my law license or diplomas side of Charlie or happened to the wall, shattering them. A bit on the wall. After a while a person catch him on a bad day, the results frightened, I quickly retreated from collects so many certificates for could be explosive. He was not the courtroom, making a silent completing continuing education prone to physical violence, but he promise to myself to never venture courses and for serving on Boards would never simply turn the other from the safety of the Law Division that there would be no wall space cheek when he had the opportu courts into the criminal realm ever available for all of them. nity to take on an issue or a person again. Several years ago I received head on. He was fearless in his As a judge I had many cases in something that I consider really criticisms and a master of the cut- which Charlie was defense counsel. Page 6 The Docket March 2006
In fact, just last week at an educa jor contributor to what little de tion conference, the panelists ci ted cency is left in our profession. ~~~c~~ns SUfC;clJ Jr one of them in which Charlie and: Godspeed to you and yours, Char our fellow at- • strongly disagreed about my rul lie Wilson, 12 / 23/94." torneys seem-. I ....-. ing. (I was affirmed, by the way; Charlie enjoyed the humor in ingly cast by otherwise I wouldn't be mention the piece and wanted to share it the wayside as ing it now.) Many of our cases with me. I took the gift with the we go about were very serious and were often gratitude of a friend, and to this our busy lives hotly contested. It wasn't unusual day I feel that it is a wonderful tes focusing upon our own internal for there to be some hard feelings tament to the truth that Bench and needs and desires, never giving on his cases by the time that they Bar can always continue to work any thought to those of the rest of got to me for trial. Needless to say, together when we all keep our our closely knit legal fraternity. he had ongoing and venomous bat common goals and ideals close at Clearly, Charlie well knew that we tles with the State's Attorney's of hand. are all in this together. fice . I came across a letter that Char Charlie ended his letter as fol In spite of our disagreements in lie had written to another judge in lows: "As we all grow older I court and my role in his mind as an 1994. It was obviously written af guess it is common to reflect in the ambassador of the dreaded and ter an ex tremely heated exchange hope that our brief visit has some feared "Government," we always in court. He apologized for his how made some difference or maintained a healthy respect for "recent travail" and recognized made some contributi on to the hu each other and enjoyed sharing that while his relationship with the man spirit. I readily confess that I ideas and concerns. When I was judge had not always been a good have acquired an unhealthy dose assigned to the small claims call in one, nothing that he ever said was of cynicism, Ihavel become some C-1S0, he would drop by my cham said with animOSity. He wrote what disillusioned, but J am con bers from time to time to visit. He about the pressures of the practice vinced that there is still time to re probably liked my accessibility, as of law and the changes that he has store some sanity to our profession. he didn't have to go through secu observed and how it has altered his It's time to get off the 'super rity to get in and could just knock way of thinking in court. He said: highway' and back to the rural on my chamber's door right from "This state of mind did not roads. No telling what could be the public hallway. He would usu happen overnight, I have feared its done if we would all begin talking ally stop by in the middle of the arrival for some time. Our profes and listening to one another." morning or afternoon, looking a sion, as most others, has aban We all know of situations that little disheveled from his latest doned its cal ling and has become have occurred in the very recent courtroom battle, and start out our just another dog-eat-dog commer past that have had some of our fel visit by saying, "I need a little dose cial enterprise with a survival of low members of the Bar in very of sanity." Coming from him that the fittest mentality." tough situations. The question was high praise for a guy who He went on to say: "No longer needs to be asked, did we do all wore a robe in court! is it possible for any meaningful that we should have done to give a One year, two days before dialogue or objective discussion helping hand, or help with some Christmas, Charlie showed up at between Judges, Assistant State's obstacles or even just listen to a my door bearing a gift. A client of Attorneys, and defense counsel, all person who needed to talk? There his had given him a piece of art of whom have taken the very same are no "rules" that require this sort work that he had done while in oath of office, i.e. 'to preserve, pro of conduct on our part, but taking custody. It was a drawing of a tect and defend the Constitu some initiative might be the trait courtroom scene showing an angry tion ... .' The resulting fallout has that sets attorneys apart from oth judge on the bench addressing an been, in my opinion, the creation of ers in society. We are called attorney with the words: "Young the most hostile environment in "counsel," aren't we? Maybe we man, I'd appreciate a little more which to seek that elusive butterfly should also consider revisiting respect! I've kissed a lot of --- to named justice." Charlie's "Lawyers Welfare" com get where I am!" Charlie had it Charlie mentioned a former mittee. He would love it if he was framed for me and inscribed the Lake County Bar Association com still stirring things up. back with the words: "Chris-You mittee known as "Members Wel are a credit to the bench and a ma- fare" and talked with sadness March 2006 The Docket Page 7
Preserving the Trial Record for Appeal In Illinois Civil Cases
by Timothy J. Storm
Introduction considered by, the trial court.' not challenge in the trial court or It is not surprising that the The appellant has the burden of induced the trial court to make.? primary goal in the preparation presenting a "sufficiently com For example, a party who and conduct of trial is obtaining a plete" record to support any introduces evidence at trial may favorable verdict. Nevertheless, claimed error.5 In the absence of not claim on appeal that the the trial attorney should not such a record, the reviewing introduction of that evidence was forget that trying a case also court will presume that the trial erroneous.6 Nor may a party involves "preserving the record." court's actions were in conform submit a jury instruction and The process of creating a ity with the law and had a later claim that so instructing the complete record during trial has sufficient factual basis." In many jury was error9 at least three important functions. cases, issues cannot be addressed First, proper and timely ob on appeal either because they Jury Selection jections, proffers and the like can have been waived in the trial A party who raises a claim of help lead to victory.' Second, by court or beca use the record is so error occurring during voir dire crea ting a solid record, the incomplete that proper appellate must present a record sufficient attorney may lay the groundwork review is not possible. to permit appellate review of the necessary for a potential appeal Concerns about avoiding voir dire process. lO Where the in the event of an unsuccessful waiver of issues should not lead record does not contain a tran outcome at trial. Third, and trial cow1sel to clutter the record script of the voir dire or any sub equally important, a full record with objections, motions, prof stitute for a report of proceed may eliminate the need to defend fers, or other maneuvers that are ings, a ppella te review of pur an appeal (or make doing so not legally supportable in the ported errors committed during much easier) in the event of a general hope that they may be of jury selection is waived." Where positive outcome at trial. some use on appeal. Moreover, the alleged error concerns preju This article provides an over trial counsel should never give dicial questions asked during view of some of the most com the impression that he or she is jury selection, the issue is waived mon instances during the trial of taking a particular step "just for on appeal unless a contempo a civil case in which an attorney's the record." If the arguments raneous objection was made." attention to preserving the record presented are correct, they should Failure to challenge a juror for may be key to the successful be presented with the force that cause or by peremptory challenge conclusion of the case after triaJ.2 they warrant. Arguments that waives any objection to that are not well founded should not juror. n Any objection to the The Importance of the Record be presented at all. denial of a motion to exclude a On appeal, the reviewing venire member for cause is court considers only the record Inducement and Acquiescence waived by the use of a per created in the trial court.3 Gen As an initial matter, it is im emptory challenge against tha t erally, the appellate court will portant to recognize that no party venire member" Any objection review only issues and argu may assert as error on appeal a to the trial court's denial of a ments that were presented to, or ruling that the party either did motion to strike a juror for cause Page 8 The Docket March 2006
is also waived if the movant fails objection is clearly articulated the explicitly state to the court what to use all available peremptory first time the evidence is pre the witness would testify to if challenges.1 5 sented and the court overruled allowed.32 An offer of proof that In other words, a judge's the objection.23 However, where merely summarizes the witness' denial of a motion to excuse a evidence is admitted subject to testimony in a conclusory manner venire member for ca use is later connection and subsequent does not preserve the issue for usually reviewable only in two proof is never presented, the review}3 circumstances. First, if the mov party must both object to the lack It is generally error for the ant has no peremptory challenges of proof at the time the evidence trial court to refuse to permit left at the time the motion to is introduced and later renew that counsel to make an offer of strike for cause is made. 16 Sec objection by making a timely mo proof.J.I A party will not waive ond, if the movant is required to tion to strike the evidence.2' an argument by failing to make use a peremptory challenge to an offer of proof where the trial exclude a venire member who Attempts to Admit Evidence judge'S attitude prevents the should have been excluded for An adequate offer of proof is party from doing 50.35 cause and the movant is later re a requisite to a claim that the trial quired to accept an objectionable court's exclusion of evidence was [" Limine Orders juror due to the exhaustion of erroneous.2S An adequate offer of The grant or denial of an ill peremptory challenges17 To proof apprises the court of what lill/ille motion, by itself, does not avoid waiver in the second situ the offered evidence is or what preserve issues for review.36 ation, the party must specifically the expected testimony will be, Where evidence is offered that notify the trial court that the by whom it will be presented and was the subject of a motion ill latter juror is unacceptable and its purpose. 26 An offer of proof lill/ille that was denied, the request that the juror be ex enables the reviewing court to unsuccessful movant must c1uded. ls determine whether the exclusion specifically object at the time the of evidence was erroneous and evidence is offered at trial to Objections to the Admission of harmfuJ.27 Failure to make an preserve the issue for review.J7 Evidence offer of proof results in a waiver An objection is necessary only the To preserve a claim of error in on appeal of any error in the first time the evidence in question the admission of evidence, the exclusion of the evidence in is introduced; there is not always opponent must object at the time question.28 a need to repeat the objection the evidence is offered or as soon If the evidence being ex each time similar evidence is as the grounds for the objection cluded is the testimony of a wit presented.3s become apparent.19 On appeal, ness, it is usually necessary to An ill limine order should be an argument that admitted evi present a formal offer of proof specific and in writing to prevent dence should have been excluded consisting of the witness' testi confusion during trial and to is limited to the grounds stated in mony, outside of the jury's pre facilitate appellate review.39 If the trial court; all other grounds sence, to the excluded matter.29 evidence is offered during trial are waived.20 When a general The alternative approach of an which may violate an il1 limille objection is stated at trial, the informal offer of proof is made by order, the aggrieved party must appellate court will assume that counsel and should be employed object at the time of the the objection was directed to only when a witness is unavail violation'Oon the ground that the relevance only.21 Thus, it is able,JO or where it is apparent that ill limille order was violated.'1 necessary that the trial attorney the trial court clearly understood specify for the record all grounds the nature and character of the Closing Argument for the objection so that those excluded evidence or where the Generally, objections to preju grounds may be maintained on questions themselves and the dicial remarks during closing ar appeal.22 circumstances surrounding them gument are preserved for appeal Counsel may stand on a con show the purpose and materiality only if the opponent objects at the tinuing objection to the introduc of the evidence." In an informal time the comments are made.' 2 tion of particular evidence, if the offer of proof, the attorney must However, if the remarks in March 2006 The Docket Page 9
question involve blatant mischar Special Interrogatories acterizations of fact, character The failure to specifically assassination, or base appeals to object to a special interrogatory emotion and prejudice and are so will waive any objection in the egregious that they deprive a giving of that special inter litigant of a fair trial, the issue rogatory.4' may be considered on review even if no contemporaneous ob Responses to Jury Questions jection was made.43 If a party acquiesces in the trial court's response to a jury's Jury Instructions question during deliberations, all A party who does not object challenges to the answer given to a proposed jury instruction at are waived on appeal.50 To be the instruction conference waives certain of preserving objections to any objection to that instruction a court's answer to a jury's on appeal.44 Thus, the party question, counsel should submit objecting to an instruction must to the court in writing the specific provide the reviewing court with response that counsel wants the a transcript of the jury instruction court to give to the jury.51 conference establishing that he or she raised the argument being ad Conclusion vanced on appeal.45 In addition, Properly "preserving the the party's specific objection(s) record" should be a vitally must be included In a post important concern for every trial judgment motion.'" lawyer - in cases that are won, as By Supreme Court Rule, no well as those that are lost. After party may raise on appeal the all, when you are in the process failure to give an instruction of creating the record, you cannot unless the party tendered the know for sure which it is going to instruction a t trial. 47 The propo be. nent of an instruction that the trial court refuses to give should Mr. Timothy f. Storm cOllcelltmtes be certain that the record clearly ill civil appellate litigation and indica tes tha t the instruction was published a similar article ill the offered and tha t the trial court eBA Record in September 2005. ruled against giving the instruc He can be reached at tion.48 [email protected].
2006/ Page 10 The Docket March 2006
Endnotes
l. The process of preserving the record 17. See People v. Delgado, 231 35. Carter v. Azaran. 332 III.App.3d 948, for appeal is sometimes called by III.App.3d 117, 121 , 596 N.E.2d 149, 956, 774 N.E.2d 400, 408 (1 " Dis!. the unfortunate name of 152 (1 " Dis!. 1992). 2002). "preserving error." The trial 18. People v. Pierce, 262 III.App.3d 859, 36. lanes v. Chicago O~teol2athic Ho~p ., counsel's intention, of course, must 867,635 N.E.2d 391, 397 (1 " Dis!. 316111.App.3d 1121, 1132,738 be not only to preserve errors 1992), appeal dell ied, 146 1I1.2d 645, N.E.2d 542, 552 (1" Dis!. 2000), committed by the opponent and the 602 N.E.2d 469 (1992), alld appeal appeal dellied, 193111.2d 587, 744 trial cQurt, but also to preserve the dellied, 152111.2d 574, 622 N.E.2d N.E.2d 285 (2001). record of his own proper conduct. 1221 (1993). 37. Zook v. Norfolk & W. R~. ~o. , 268 2. It should be noted that there are also 19. Sinclair v. Berlin, 325 Ill.App.3d 458, III.App.3d 157, 162, 642 N.E.2d 1348, many occasions before and after 467,758 N.E.2d 442, 450 (1" Dis!. 1352 (4" Dis!. 1994), appeal dellied, trial when attention should be given 2001), appeal dellied, 198 lI1.2d 608, 161 1I1.2d 543, 649 N.E.2d 427 (1995). to creating a full record . This article, 766 N.E.2d 245 (2002). 38. Schiff v. Friberg, 331 Ill .App.3d 643, however, focuses only o n matters 20. People v. Wood, 341 1ll.App.3d 599, 653,771 N.E.2d 517, 527 (1 " Dis!. arising during trial. 610,793 N.E.2d 91, 101 (1 " Di s!. 2002). 3. Moon v. Smith, 276lll.App.3d 958, 2003), appeal dellied, 205 1l1.2d 642, 39. Stennis v. Rekkas, 233 III.App.3d 961,658 N.E.2d 856, 858 (2 m' Di st. 803 N.E.2d 499 (2003). 813,825,599 N.E.2d 1059, 1067 (1 " 1995), appeal dellied, 166 1l1.2d 542, 21. Cervenx v. Am. Family In s. Co., 255 Dist. 1992), apl'eal dmied, 148 1l1.2d 664 N.E.2d 642 (1996). IlI.App.3d 399, 41 0, 626 N.E.2d 1214, 654,610 N.E.2d 1276 (1993). 4. Cit): of Chicago v. Latronica ASl2halt 1222 (1" Dis!. 1993), appral delli"d, 40. ComRton v. Ubilluz, 353 IlI.App.3d & Grading. Inc., 346 Ill .App.3d 264, 154 JIl .2d 558, 631 N.E.2d 706 (1994). 863,871,819 N.E.2d 767, 776 (2"" 276,805 N.E.2d 281, 292 (1" Dis!. 22. People v. Fontana, 251 1ll. App.3d Dis!. 2004 ). 2004), appeal dwied, 209 1l1.2d 578, 694, 701,622 N.E.2d 893, 898 (2'''' 41. Baird v. Adeli. 214 IlI.App.3d 47, 65, 813 N.E.2d 221 (2004). Dis!. 1993). 573 N.E.2d 279, 290 (4'" Dis!. 1991), 5. Webster v. Hartman, 1951ll.2d 426, 23. Q'Keefe v. Fitzpatrick, 153 "ppeal delliI'd, 141 1l1.2d 536, 580 432, 749 N.E.2d 958, 962 (2001 ). IlI.App.3d 384, 388, 505 N.E. 2d 1355, N.E.2d 108 (1991). 6. Id . 1358 (2'''' Di s!. 1987). 42. Simmons v. Univ. of ~ hicago HosR. 7. Stephens v. Ta~lor, 207lll.2d 216, 24. Gi ll espie, 135 1l1.2d at 373, 553 & Clinics 162 JIl.2d 1, 12,642 N.E.2d 223-24,797 N.E.2d 679, 683 (2003). N.E.2d at 296. 107,113 (1994). 8. GiII~Ri~ v. ~ hr:isl er Motors CarR" 25. Snelson v. Kamm 204 1l1.2d 1, 23, 43. Veiarde v. Ill. Cen!. RR Co. , 354 1351ll.2d 363, 374, 553 N.E.2d 291, 787 N.E.2d 796, 808 (2003). JlI.App.3d 523,544,820 N.E.2d 37, 297 (1990). 26. Kim v. M ercedes·Ben z U.s.A. In c. 57 (1 " Di st. 2004), appeal Jellied,- 9. Misch v. Meadows Mennonite 353 IlI.App.3d 444, 451 , 818 N.E.2d N.E.2d - (2005). Home, 114 IlI.App.3d 792, 797, 449 713,719 (1" Di s!. 2004 ). 44. Schiff,331 Ill.App.3d at 660, 771 N.E.2d 1358, 1362 (4'" Dist. 1983). 27. Riverdale Bank v. Pal2astratakos, N.E.2d at 532. 10. PeoRle v. lackson, 94 1ll.App.3d 747, 266ll1.App.3d 31, 41,639 N.E.2d 45. Boland v. Kawasaki Motors Mfg . 748,419 N.E.2d 52, 52-53 (3'" Dist. 219,227 (1 " Dis!. 1994 ). Corp. USA , 309 IlI.App.3d 645, 653, 1981 ). 28. Su llivan·CQughlin v. Palos Countr): 722 N.E.2d 1234, 1241 (4)' Dis!. 11. Hehir v. Bowers, 851ll.App.3d 625, Club, Inc., 349 IlI.App.3d 553, 561, 2000). 629,407 N.E.2d 149, 152 (2"" Dist. 812 N.E.2d 496,504 (1 " Dis!. 2004). 46. Barr):: Mog:yl & Ass~ .• Inc. v. 1980). 29. Coleman v. Cen!. Ill. Pub. ServoCo., Terrestris Dev. Co., 267 1ll.App.3d 12. Drews v. ~o!2el Freight Lines Jn ~ .• 207 IlI. App.3d 96, 100, 565 N.E.2d 742,755, 643 N.E.2d 245, 255 (2"d 144 1l1.2d 84, 104, 578 N.E.2d 970, 274,277 (4"' Dis!. 1990), appeal Dis!. 1994), aPl"al dCllied, 159 JIl .2d 980 (1991). dellied, 137 1l1.2d 664, 571 N.E.2d 147 563,647 N.E.2d 1006 (1995). 13. People V. White, 353 Ill.App.3d 905, (1991). 47. Ill. Sup. Ct. R. 366(b)(2)(i). 913, 819 N.E.2d 1239, 1246 (4"' Dis!. 30. State Farm Gen. Ins. Co. v. Best In 48. Fakhour~ V. Vapor CoW., 218 2004), appeal denied, -- N.E.2d -- The W. FQQQ., Inc., No. 2, 282 JIl .App.3d 20, 25, 578 N.E.2d 121 , (2OOS). IlI.App.3d 470, 482,667 N.E.2d 1340, 126 (1" Dis!. 1991), appeal dellied, 142 14. PeoRle v. lohnson, 162 1ll.App.3d 1348 (1" Dis!. 1996). 1l1.2d 653, 584 N.E.2d 128 (1991). 952,955, 516 N.E.2d 343, 345 (1 " 31. Volvo of Am. Corp. V. !:!ibson, 83 49. Bachman v. gen. MotQf§: COQ2. , 332 Dis!. 1987) IlI.App.3d 487, 491 , 404 N.E.2d 406, 1ll.App.3d 7W, 801 , 776 N.E.2d 262, 15. Fleeman V. Fischer, 244 IlI.App.3d 409-10 (1 " Dis!. 1980). 298 (4" Dis!. 2002), appeal dellied, 202 753,755,613 N.E.2d 836, 837 (5'" 32. Green V. Union Pac. RR. Co. 269 Ill.2d 598, 787 N.E.2d 154 (2002). Dis!. 1993). JlI.App.3d 1075, 1082-83, 647 N.E.2d 50. PeoRle V. Reid, 1361ll.2d 27, 38, 554 16. See People V. Hines 1651ll.App.3d 1092, 1097 (5" Dis!. 1995). N.E.2d 174, 179 (1990). 289,297,518 N.E.2d 1362, 1367 (4" 33. Snelson, 2041lJ.2d at 23, 787 N.E.2d 5l. People V. Brown, 3191lJ.App.3d 89, Dis!. 1988), appeal dellied, 121 Jll.2d at 808. 101,745 N.E.2d 173, 184-85 (4'" Dis!. 577,526 N.E.2d 835 (1988), wI. 34. PeoRle V. Thompkins, 181 1l1.2d 1, 9, 2001). denied, 488 U.S. 895 (1988). 690 N.E.2d 984, 988 (1998). March 2006 The Docket Page 11
The Dead Man's Act Under the Gunn
by Rick Lesser
na claim against a decedent's _ Ill.2d ~ 2005 WL 2456986 Sobucki's widow then appealed estate or heirs, the Dead Man's (October 6, 2005) . Gunn, an attor and the Second District, declining I Act forbids testimony as to any ney, had been going through a di to follow S",itiz, reversed. The Sec "conversation with the deceased ... vorce in 1979 when he transferred ond District wisely stated: or to any event which took place ill possession of a coi n collecti on to The proposition that the Act the presence of the deceased .. .." his friend Sobucki. This was no does not apply to a "nonevent" 735 ILCS 5/8-201. The purpose of ordinary coin coll ection; the coins is not logical. Testifying to the the Act is to level the playing field weighed about 1,000 pounds and negative about any event turns and prevent fraud by not allowing were contained in 36 lock boxes it into a "nonevent." 'There unrebuttable testimony. and a suitcase. This pocket change was no sale' (nonevent) is But is testimony that an event was worth litigating over. Gunn merely the negative of 'There or conversation did not take place gave Sobucki a notarized bill of was a sale' (event). Gil",' v. also barred? In Smith v. Haran, 273 sale stating that Sobucki had paid Sobucki, 352 lII.App.3d 785, 788, IlI.App.3d 866, 875-78, 652 N.E.2d $30,000 for the collection. Gunn 817 N.E.2d 588 (2004) 1167 (1995), the First District Ap moved to Florida, got divorced and Gunn then appealed and, fortu pellate Court ruled, over an articu life went on without his coin collec nately, the Illinois Supreme Court late dissent, that testimony about a tion. resolved this conflict between the "nonevent" was not barred by the Flash forward to 2000. Sobucki Fi rst and Second Districts. The Act. In Smith, a promissory note died and Gunn demanded that So Court determined that "the dis was found among the decedent's bucki 's widow return the coin col tinction drawn by the Smith major financial records. Her estate lection. When the widow refused, ity between positive testimony that brought suit against the promissor Gunn initiated an action for re an event occurred and negative to collect the note, bu t the promis plevin. He asserted that Sobucki testimony that it had not occurred sor testified that there was no ac had never actually paid the was 'nothing more than a semantic tual consideration for the note, the $30,000, that the bill of sale was a exercise' and should be rejected." money was never received. The sham document intended to con Indeed, following the purpose of Smith court found that the testi ceal the coin collection from his the Act, the distinction between an mony was not barred by the Act wife during the divorce and that event and a nonevent was mere because "the decedent's failure to Sobucki was just holding the coins sophistry. The transaction, if it gi ve the Harans money does not for him because it's humid in Flor took place, would have occurred in qualify as an 'event' under the ida. Slip Op. at 2. the decedent's presence, and the Act." The Smith court relied upon The replevin acti on was tried in decedent could have refuted the an earlier decision in Hartman v. our circuit court, McHenry County, claim were he present at trial. The Townsend, 169 IIl.App.3d 111, 523 Judge Michael Sullivan presiding. "event" at issue was the payment; N.E.2d 199 (1988), in which the Judge Sullivan was bound by the whether or I'ot it occurred was a court had found that "negative" Smith decision and allowed Gunn "detail" of the event. Slip Op. at 4. testimony was not barred by the to testify that no actual considera The Court determined that the Act. tion was paid. The circuit court Act's dual purposes-equalizing The Illinois Supreme Court re then ruled for Gunn, finding a fail the footing among the parties and cently overruled that portion of the ure of consideration, and ordered preventing fraudulent claims Smith decision. GUlln v. Sobucki, the coin collection returned to him. against estates-are best served by Page 12 The Docket March 2006
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abolishing the distinction be Judge Sullivan for retrial without And, as you may have ex tween an event and a nonevent. the disputed testimony, the Su pected, Gunn's explanation that Slip Op. at 4. In so doing, the preme Court analyzed the other the bill of sale was intended to Court returned us to what had testimony and evidence in the conceal the coin collection from been the law for over 100 years case and gave its own view as to his wife in the divorce had unex before Smith . See, Lockwood v. how that testimony should be pected consequences. Gwm was Onion, 56 Ill. 506, 508 (1870) in terpreted by the trial court. The . and is (for the moment) an Illi (testimony that money was not Supreme Court stated that, "it is nois attorney. The Supreme received from a decedent is not our intention to prejudge the Court directed the clerk to for barred by the Act). The guiding case" but the majority decision ward a copy of the decision to the principal behind the Act is that if did just that. As a result, four ARDC to determine whether dis the deceased or disabled person justices, led by Chief Justice Tho ciplinary action should be taken could have refuted adverse testi mas, specially concurred, agree against him. Like the Act, he's mony about a conversation or ing with the conclusion but dis now under the Gunn. event, the adverse testimony is agreeing with the majority opin barred, unless it fits into one of ion's lengthy sotto voce hint to the Rick Lesser is a partner with the express exceptions. trial court. The concurring opin Bollman, Lesser & McGlynn, LLP, Unfortunately, the Gunn ion was clearly right and the ma ill Lake Forest, Illinois. He can be Court did not stop there. Instead jority opinion's overly helpful reached at (847) 295-8800. of simply remanding the case to analysis mars an otherwise com mendable decision. ~Nicasa PoslTlve C/Jolces. llf'elon~ SolUTIons tJ~ FAMILY STRENGTHENING SERVICES P • Family Counseling in English and Spanish • Assessment and Referral NICASA: • Parent Support and Education Positive Choices for • Family Therapy Lifelong Solutions • Home Visits
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Securities Regulator Issues Its Review for 2005
by James f. Eccleston
he National Association of Fourth, in the enforcement suitable for "buy and hold" in Securities Dealers (NASD) area, NASD fined six major bro vestors not wishing to engage in Tassisted investors a grea t kerage firms - Citigroup Global at least a moderate amount of deal in 2005, as reflected in the Markets, American Express / trading securi ties. NASD's 2005 Review, available Ameriprise Financial Services, Seventh, the NASD assisted on its website at www.nasd.com. Chase Investment Services, investors with 529 College Sav Let's examine some of the more Merrill Lynch, Wells Fargo and ings Plans. NASD fined Ameri critical accomplishments by this Linsco/ Private Ledger - a total of can Express/ Ameriprise and or securities regulator. $40 million and ordered remedia dered it to pay restitution for fail First, in the area of investor tion for selling unsuitable B share ing to adequately supervise the education, NASD has attempted and C share funds. NASD also firm's sale of 529 plans to prop to demystify the corporate, mu fined 26 firms $55 million in the erly account for available state nicipal and government bond area of directed brokerage and tax benefits for in-state plans. markets for retail investors. impermissible revenue sharing Eighth, NASD "continued its NASD introduced what it de with mutual fund companies. vigorous enforcement of rules scribes as a comprehensive, on Fifth, regarding variable an prohibiting excessive markups line learning center called "Smart nuities, the NASD filed 88 cases and markdowns in bond transac Bond Investing." in 2005. NASD settled a major tions." S.G. Americas, RBC Capi Second, NASD introduced one against Waddell & Reed . tal Markets and RBC Dain two major tools for mutual fund That firm paid a $5 million fine Rauscher paid a total of $6.75 rnil investors. The first is the "Mutual and $11 million in restitution to lion in fines for excessive mark Fund Expense Analyzer" which injured customers for "engaging ups, inadequate supervision and has data on over 18,000 mutual in a campaign to exchange the deficient record keeping. The funds and 160 Exchange Traded variable annuity contracts of NASD expelled a fourth firm, Funds (ETFs). Likewise, the new thousands of customers without called Debt Traders, for similar "Mutual Fund Breakpoint Search regard to the suitability of those violations. All four firms were or Tool" enables investors to deter switches." dered to pay investors over $1 mine which share class of mutual Sixth, fee-based accounts, par million in restitution. funds (A, B or C) makes the most ticularly the appropriateness of Overall, 2005 was a good year sense for their investment needs. fee-based accounts in lieu of pay for investors in terms of securities Third, the NASD continued to ing commissions, were the subject regulation. Let's hope the same administer the largest arbitration of two cases that NASD brought occurs in 2006! forum in the country for investors in 2005. In one, Morgan Stanley seeking to recover their invest DW was fined $1.5 million and James J. Eccleston is a seCllrities ment losses. In 2005, the NASD ordered to pay $4.6 million in res attorney, representing illvestors as received nearly 6,000 new arbitra titution to 3,500 customers. The well as brokers and brokerage firms tion claims and 1,250 mediation firm should not have recom natiollwide in arbitration, litigation claims, and it closed 9,150 arbitra mended that these customers pay and regulatory affairs. He is an tion cases and 1,700 mediation fees in lieu of commissions. Fee eqllity partner with Shaheen , cases. based accounts normally are not Novoselky, Staat & Filipowski. What are you waiting for?
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New Limit on Small Claims Cases
by David E. Bender
have been accused many times the increased call . who has to go file his or her ap of being slow on the uptake Many attorneys do not like to pearance. The increase in the cap is I (most frequently by my wife), handle small claim cases because bound to only exacerbate this d e but now there is documented these types of cases net very little lay. This can be particularly vexing proof: It was not until December in fees in relation to the amount of for an attorney who is representing 14, 2005, that I found out about a work done. Cases in the higher end the plaintiff who then has to dra very important Supreme Court may be more economical for an mati call y re-arrange his or her Rule change that went into effect attorney to undertake, but many schedule to accommodate the new on January 1,2006. cases will still be a financially un return date. The rule change is Supreme profitable undertaking for an attor The key to eliminating the de Court Rule 281, defining what con ney. lay is to educate the defendant stitutes a Small Claim. Up to the If you find yourself in conver about return dates and appear end of 2005, the monetary cap on satiOl) with a potential client that ances. Once the defendant knows classifying a small claim action was needs help but does not fit into what is expected of him or her in $5,000.00. However, starting Janu your practice profile, you need not this regard, he or she can get it ary 1, 2006, the cap on a small ac necessarily leave that person high done in a timely manner. Again, tion is $10,000.00. As it is now over and dry if you cannot take the case. this is a time when the resources of a month into 2006, I hope you all There is a resource that you can the Center for Self-Representation are already aware of this rule direct this person to so that the per become quite valuable. change. If not, now you know. son can be prepared for court. This As mentioned above, the Cen Increasing the monetary cap on resource is the Center for Self ter has procedural information a small claim case will obviously Representation found in the library written specifically for non increase the caseload of the Small or on-line at htW:!lwww.19thcir attorneys. Specifically, it is written Claims Court. The effect this in cu i tcou rt .sta te.il . us / se If-help / to a sixth-grade level. Referral to crease will have on the call and the index.htm. the website will give the defendant court's response to these effects are The small claims module found the information needed to be an yet unknown at the time I am writ on-line has forms and procedural informed party in the court pro ing this. information written specifically for ceeding. Once so informed, the Two effects that the library and non-attorneys. Your referral should case should move quickly with adjunct Center for Self find everything needed to pursue a few, if any, delays. If after the re Representation will monitor are small c1ain1s case. For those who ferral the party chooses not to be how well the cases flow through are not Internet savvy, ihe same informed, then he or she will have the call and if the increase in resources can be found in paper no just cause for complaint if he or amounts recoverable will result in format in the library. she suffers the consequences of the more attorneys taking clients with One of the big choke points fail ure to be prepared. cases in Small Claims Court. In re that currently exist in the small gard to both of these effects, the claims call is the failure to file an David E. Bender is lAw Librarian of library and Center for Self appearance by the return date. The the William D. Block Memorial lAw Representation is in a position to progress of the case, and the over Library, Nineteel1 th Jlldicial Circllit. mitigate several of the negative all call, is delayed by the extension consequences that could arise from of time required by a defendant Isn't it time you learned more about the
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LakeCoDocket March 2006 The Docket Page 19
When to Fi Ie for Federal Trademark Registration
by Justin Lampel
trademark is a name, sym be denied by the United States expense in defending this action. bol or other device (called Trademark Office. Therefore, in Although the case ultimately set A a "mark") used to identify order to best protect your client's tled prior to a decision on the mer a product or service which is le business name, an application for its, my client still was forced to gally restricted to use by the trademark registration should be spend a good deal of time and owner. A business may obtain filed in the United States Trade money. Most of this, if not all, trademark protection by merely mark Office. Preferably, a trade might have been avoided if my cli using a name or logo. In fact, the mark search should be conducted ent would have looked into the business may use the "TM" symbol prior to filing the articles of incor trademark issues when he began as long as the business is currently poration. trading under his business name. using the mark in "good faith." Attorneys are often confronted Business owners should ask However, the business may only with situations where their clients themselves this question: "Is the use the "®" symbol after the mark receive "cease and desist" letters name of my business, brand name, has been registered by the Uni ted demanding that they stop using the logo or slogan important to my States Trademark Office. name of their business well after business?" If so, then the business It is a common misconception the Secretary of State's Office has should address trademark issues that having a business name ap approved their Articles of Incorpo before spending a great deal of proved by the Secretary of State's ration. These businesses often money on marketing. If the busi Office provides trademark rights. spend years and thousands of dol ness is, for example, a dry cleaner Unfortunately, this is not the law. lars on marketing their business, and the neon sign out front of the When articles of incorporation are only to be put in the situation store reads "Dry Cleaners," then filed in lIIinois, the Secretary of where they have to change their the answer to this question is State's Office is concerned about business name or defend their probably no. However, if the neon identical or nearly identical busi business name in court. Further, a sign out front of the dry cleaners ness names. This generally does not successful plaintiff in a trademark reads, for example, "Dirt Destroyer provide your client with exclusive action could receive legal fees and Dry Cleaners," then the answer to rights to the business name. In fact, costs. Therefore, prior to incorpo this question is probably yes. In merely using the name granted by rating or using a business name, short, trademark issues revolve the State may subject your client to logo or slogan, a trademark clear around marketing. Heavy market trademark infringement claims ance is often advisable. Practice tip: ing equals heavy trademark issues. from a business inside or outside of when iucorporatillg a business for a Light marketing equals light trade Illinois. The standard of review for eliellt, se/ld a letler to the elient warn mark issues. a business name at the Secretary of ing of the possible consequences of not Some of the benefi ts of federal State's Office of Illinois is a COII/ conducting a trademark clearance. trademark registration include: pletely different standard of review I recently received a call from a 1) Registration is constructive no from that at the United States panicked client who had a motion tice that the owner of the mark Trademark Office. The Trademark for a temporary restraining order has the right to use the mark Office is mainly concerned about filed against him for his use of the throughout the entire United "likelihood of confusion." Thus, business name granted to him by States, even if the mark is not the Secretary of State might ap the Illinois Secretary of State's Of being used in a specific geo prove" Alex's Muffler Shop" even fice. The complaint alleged that my graphical area. This means that though there is another business client was infringing upon the the owner may prevent a per called "Alexander's Muffler trademark rights of the plaintiff. son or entity from using the Shop." This would almost certainly My client was facing substantial same mark or a confusingly Page 20 The Docket March 2006
similar mark anywhere in the mark carmot be attacked on the valuable asset. Despite this fact, U.s., unless the other mark was basis of prior use or descriptive many business owners neglect to file used before the date of first use ness. for trademark registration with the of the registered mark. 7) The mark is easily discoverable United States Trademark Office. As a 2) The right to use the ® symbol in by those doing trademark result of not filing for registration, cormection with the mark, which searches. This often prevents your client's business may be legally may deter potential infringers. third parties from adopting con restricted in its ability to expand geo 3) In a successful trademark in fusingly similar marks. graphically. Further, failure to file for fringement action, the registrant 8) The registrant of the mark may trademark registration may allow com may obtain increased statutory sue for trademark infringement petitors with similar marks to enter and damages and attorney's fees. in federal court when diversity co-exist in the marketplace. Filing for 4) The registrant may use the does not exist. trademark registration may be your power of federal government 9) Certain rights under the Paris client's best business investment. (via the U.S. Customs Service) to Convention that assist overseas prevent the importation of goods registration of the mark. Justin Lampet, Lampel & Associates, that contain infringing marks. 10) Registration is prima facie evi P.c., 555 Skokie Blvd. , Suite 500, 5) Registration is prima facie evi dence that the mark has been Northbrook, lllinois 60062, dence that the registered mark is used continuously in commerce (847) 845-4345. Mr. Lampel is a valid; the registrant owns the since the filing date of the appli member of the Intellectual Property Law mark and has the exclusive right cation. Association of Chicago, the American to use the mark in commerce. As your client's business grows, Intellectual Property Law Association, 6) After five years of continuous it will acquire a wide variety of as the lllinois Biotech Network, and the use in commerce, the mark be sets ranging from office furniture to Northbrook Chamber of Commerce, and comes incontestable, which inventory. However, your client's is a Chicago Legal Clinic volunteer. means that the registration of the trademark may very well be its most
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ALL STEPS HAVE LAID THE PATH TO A SUCCESSFUL CAREER IN REAL ESTATE! March 2006 The Docket Page 21
CardScan Executive: The Way to Clear Business Card Clutter!
by Alan Pearlman, 'The Electronic Lawyer" ™
f you are anything like me Over 50 powerful software storing my contacts on both my when it comes to business features help you search, sort, and PC and a secure private Card ) I cards received, you have a use contact information more effi Scan.Net server, saving me J desktop filled with them and at ciently. Save color images of your against any accidental da ta loss. least one drawer piled up with cards, both sides, plus all the in With my unique password and them. I always seem to throw the formation they hold, in searchable secure login, I also have the ability cards on the desk and hope that data form. Search by typing in just to share my address book with someday I can enter, or have a few letters of anything you re others, as I lTIay need. someone else enter, the informa member. Sort contacts into multi How many times have you tion into my Outlook contact data ple groups for rapid access. written something important on base. Thus the never-ending battle There's even the AccuCard service the back of the card you just re to organize wages further ahead, to keep your contact records u p ceived? Well, this product also but no matter how hard I try, I to-date. CardScan unlocks the po gives the user the ability to scan never seem to get the cards off my tential in the business cards both sides of the business card desk and into my computer. you've collected to help you be and attach both of those images to Well, I have found the perfect come more productive in hun a single record, thereby instantly solution to alleviate the situation. dreds of ways. Here's one exam eliminating duplicates. CardScan It's the CardScan Executive and it ple: move the cursor to the ad also has the uncanny ability to is the most advanced business dress and click. It's that easy to read and record cards from sev card reader available. The Card get a map to your appointment. eral foreign countries (a hard task Scan Executive, a USB model, If you like this type of at-hand indeed, with all the formats out scans in full color and is smaller, iniormation, you will really like there), and it reads in many differ faster and sleeker then their ear their CardScan.Net. CardScan. Net ent languages to boot. lier product versions; in fact, it is can only be explained as a type of The lTIost interesting thing I now so small that it is travel ASP for your contact management noticed about the integration of friendly for your notebook com system. It allows the user to access the software was the fact that it puter case and for card scanning your contacts over a secure Web had about a 98% accuracy rate. on the road. connection; you can even have a This alone amazed me. The card Demanding users depend on complete digital image or view of reader hardly ever picked up its fast scan speed, top accuracy the card, right there on the screen stray characters and it always and easy-to-use software to tum with your entered information. seemed to place all the informa business cards into data you can With the use of any web browser, tion in the correct area of use, use to bring in new business or anywhere in the world, you have thereby cutting down significantly keep the clients that you now total access to your information. the time necessary to correct and have happy. CardScan Executive Additionally, any changes or ad re-enter the information. I must saves you hours by capturing ditions made to your CardScan applaud the company on this as business cards directly into your file on the net file are automati well, as I found myself scanning computer. Without typing, you cally reflected on and in your PC cards and having great results the build a database of your vital con file, and visa versa. What makes first time around. tacts, either in CardScan's address this even more important to me, CardScan Executive scans up book, in Outlook, or in any other in this age of necessary backing to 40 cards per minute, without popular contact manager that you up, is that now I have a guaran you typing a thing. Plus, it's so may be utilizing. teed back-up of information, by accurate: with ten years in devel- Page 22 The Docket March 2006 opment, CardScan's proprietary stall the software, plug in your Alan Pearlman, Attorney, interpretive technology accu scanner and you're ready to go. Computer Consultant and rately reads and understands Believe me when I tell you that Nationally Syndicated Columnist card information, distinguishing for the price of $249.99, I have author of the best selling book street address from email ad saved triple that amount in time "TIle Busy Lawyer's Guide dress, phone from fax, and title and organized all my business to Microsoft Word" - from name. CardScan Executive cards into meaningful contacts published by the West Group includes the CardScan 700c that I can go to in an instant. color business card scanner, CardScan Version 7 Premium FACTS: software and USB cable. The CardScan Executive is a product software and product are easy of the CardScan Company and © Copyright 2005 to use and it takes no time or can be reached a t the web on Alan Pearlman effort at all to be running the www.cardscan.com. "The Electronic Lawyer" ™ CardScan Executive, simply in- It has a MSR of $249.99. All Rights Reserved
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to have 20 credits in a two-year period. Four of those credits have Mold to cover topics such as ethics, pro fessionalism, addictions issues, and Inspection Services civility. It was a consensus of the committee that we should extend Bill Avgerin (Av-Jer-in) our seminar one hour each morn ing so that we would have 8 full Bachelor of Science in Biological Sciences hours of credit. We will conduct Master of Science in Anatomy the seminar from 8:00 - 12:00pm, Instructor at Loyola University Medical School Friday and Saturday mornings, to Adjunct Professor at DePaul University qualify for 8.0 credit hours. Adjunct Professor at Oakton College Going along with this plan for Member-American Indoor Air Quality Council the seminar, we decided to invite guest speakers to 4 of our meet Certified Mold Inspector and Certified Mold Remediator ings. Each person would speak a I go whe", I'm ilrlliteti and I slay because 100 half an hour on issues such as eth the wry best job ics, malpractice concerns, addiction issues, and civility. My thinking is .tt:fs> Moldspect ~ to make it possible for someone to be involved in only the Lake ~k;t Technologies t!~J County Family Law Committee and be able to obtain 20 hours of J:J.'1. cell-847-212-5566 credit by simply going to all 4 fam 847-367-9135 ily law meetings where a half an hour credit is given per session and My thanks to the many attorneys who have the 8-hour seminar eaCh year, recommended me to their clients which will then total 20 hours. The y, hour seminars could give us 4 The seminar is moving along such as exemptions/ use of child hours towards the "civility" com briskly_ The planning committee care allowance, etc. ponent. I hope to increase atten will be meeting on February 15, We only have about 15-20 peo dance and, at the same time, con 2006, to discuss the finalization of ple who have sent in seminar tinue our emphasis on maintaining topics. Topics currently include forms. I don't know if attendance our standard of learning in our current case law; new legislative will be down or if people are sim profession. changes; changes in the child rep ply waiting before deciding Judge Waller announced plans resentative law; the differences be whether they can attend. But I for a new child's rep training. The tween a child's rep, GAL, and GAL would ask that if you are attending Judge created a committee which in probate; Petition for Rule/ the seminar, please send in the has already met to start planning Contempt issues; maintenance seminar form even if you are wait for the training. The tentative date drafting tips - modification/ termi ing to finalize plans with airfare, has been set for June 8, 2006, at the nation issues; discussion on Dispo hotel, and payment of the seminar College of Lake County. The train sitive Motions (Declara tory J udg costs. It will give us an idea just ing will qualify both to be added to ments / Pre-n uptial / Summary how many people are planning to the list and as continuing education Judgment); resources in general; attend. The seminar sign-up sheet for the children's representatives. discussion on bankruptcy. The is in the Docket. I also have some The training should qualify for evaluators are coming up with a adclitional forms, so give me a call. CLE credits. couple of topics and then we talked We had a spirited discussion We also had a preliminary dis about hot tips such as, abatement about CLE issues. By now, every cussion about the use of mediators versus modification, drafting a one knows there is a CLE educa in court. Judge Waller indicated QMSCO, notice requirements in tion requirement. For people with that she would like to have a day general, and the use of exemptions last names beginning with A-M, it or so once a week that cases which again reviewing tax law issues starts on July 1, 2006, and you have might be better suited for media- March 2006 The Docket Page 27
tion, prior to being litigated, could go to a mediator before going be fore the Judge. A mediator would SNSFE---- be present in the morning for that ATTORNEYS AT L AW day. It would be a voluntary and pro bono participation on the part of Securities Law any lawyers. We were purely dis cussing it in the preliminary stages +Arbitration to Recover Investment Losses as, of course, there would be logis tical questions, liability questions. + Employment Litigation, Including Defamation, and whether this would be an ad Restrictive Covenants & Injunctions ditional requirement for being on IJ + Regulatory & Disciplinary Proceedings the mediation list. I welcome your thoughts on this issue as well. + TrusteelFiduciary Litigation Dates that Judges are not in attendance: + Investment Adviser Compliance & Consulting
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· t$l •i • ~""" ; - ADDISON SKOKIE 1849 W. Army Trail Rd. · Addison, IL 60101 5215 Old Orchard Rd . · Skokie , IL 60076 Phone (630) 916-1151 · Fax (630) 916-1171 Phone (847) 677-3410 · Fax (847) 673-0645 W 1l000RD f (;I)I.fAO • I •I BUSSEWOOD$ fOREST PRESERrE ARLINGTON HEIGHTS 85 W. Algonquin Rd. , Suile 400· Arlington Heights, IL 60005 Phone (847) 758-4800 • Fax (847) 758-4750 @. Chicago Title Insurance Company www.cmetro.ctic.com Serving Chicago/and's Legal Community for More Than 150 Years I March 2006 The Docket Page 29 Civil Trial and Appeal Committee and Legal/Medical Committee - Minutes - January 19, 2006 by Scott B. Gibson, Chair \ embers Present: Judge ecutive Board Member Rick uled for Wednesday, May 24, Mullen, Judge Lesser. The Gridiron is sched 2006, at Grand Geneva. We are M Schostok, Judge Fusz, uled for Friday and Saturday, looking for new and varied Terry Brady, Rick Lesser, Larry February 24 and 25, 2006, and topics of interest to our mem Ruder, Jason Marks, Larry Apple good seats are still available. bership and to the general bar, baum, Rick Kessler, Bob Wilson, We should all also consider and you should feel free to vol Richard Kopsick, Phil Bock, Mike submitting an ad for inclusion unteer yourself or a colleague if Noonan, Tom Campe, Brian Lewis, in the Playbill, as the Gridiron you have or know of a subject Kelly Collins, Peter Trobe, Tom event is the LCBA's largest of interest. Please think about Burke, Joe Kolar, Bruce Bernstein, fund raising event this year. topics and speakers between Jim Tukesbrey, Jennifer Howell, 2. I confirmed that the Doctor/ now and the February 16 meet Mark Broderick, Brian Wanca, Lawyer Dinner is scheduled for ing so that we can have a pro Chris Stoll, and Scott Gibson, Tuesday, March 7, 2006, at the ductive session on that date. Chairman. Deerpath Inn, beginning with a 4. I advised that [ would contact 1. The meeting was called to or cocktail hour at 5:30 p.m. and Patricia Cornell, the chairman der at 4:45 p.m., with 26 mem dinner at 6:30 p.m. We are still of the Young and New Law bers present. Thank you all for in the process of confirming yers Committee, which [ have such a great turnout. We began our speaker, and we will notify done. We are hoping to attract the meeting with information you through blast fax when newer and younger LCBA on the upcoming Gridiron confirmed. members to both our commit show and the opportunity to 3. Beginning at the February 16 tee meetings and to our semi advertise in the Gridiron's meeting next month, we will nar in May. We all know that Playbill publication, which was need to begin planning the an many younger practitioners presented to us by LCBA Ex- nual Seminar, which is sched- come out of the State's Attor- Page 30 The Docket March 2006 M Ilr DAVID L. GATES & ASSOCIATES CALMECS Global Law Group INDIVIDUAL, MARITAL AND FAMILY THERAPY Representing the World Domestic Violence English & Spanish Angrr !\1anagemrnt Evening & Saturday Appts. A\'ailable IMMIGRATION AkohoVlDrug Addiction! Interventions Reasonable Rates Permanent Residency ("Green Cards") Custody, Visitation, Divorce Mediation Licensed Marital & Family Therapist Christian Counseling Certified Alcohol & Drug Counselor Employment and Family Visas Theraplay® Approved AAMFI Supervisor Defense from DeportationfRemoval Sexual Addictions Consequences of Arrests/Crimes 847 -625-0606 847-996-0888 Andrew Sagartz, MBA, JD 501 N. Riverside Dr .• Suite I J1 Amt:rican Immigration Lawyers Association (Members since 1997) Gurnee, IL 60031 www.davidlgatcs.com ney's office or Public De tual payment amount or ber 18, 2005): A new fender's office and do not stay source of payment of the "Fi reman's Rule" case in criminal law, but move over medical expenses. She will which was remanded to to the civil side, and there is no then entertain a motion the Trial Court for a hear question that our meetings and post-verdict motion for a ing to present facts as to the annual seminar are excel Remittitur as proof is pre whether an independent lent networking opportunities sented in the newsletter of scaffold supplier is enti for all young lawyers, both in the aclu al payment tled to immunity along terms of committee members amount of the bills. Addi with the property owner. as potential employers and in tional perspectives and The Court was careful to getting to know the civil divi ideas on how to manage include in its opinion that sion judges. the admission of such evi both the Appellate Cou rt 5. I presented information con dence are also presented and Trial Court did not cerning the following cases and and it is a valuable re have enough facts to cor recent developments: source fo r all of us. rectly rule regarding the • Arthur vs. Catour - I rec • lackson vs. Urban, 2005 W immunity issue of a non ommended to the Com 3097870 (1" Dis!. Novem- property owner; however, mittee to get a copy of the Illinois State Bar Associa tion "Bench and Bar" De HAVE NON-PERFORMING LIFE INSURANCE cember 2005 newsletter. It POLICIES FUNDING YOUR TRUSTS? has a number of articles We can help with a FREE POLICY REVIEW. regarding various inter We can assist with policy strategies. pretations both by the Bench and Bar of admis sion of medical expenses John Ressler, Jr., CFp® pursuant to Arthur. As (847) 263-8888. (866) 473-7753 Toll Free reported at a previous meeting, it needs to be re • Business Planning ported, Judge Dunca n RESSLER • Estate Planning Brice, of Cook County lit FINANCIAL SERVICES • Financial Planning erally applies the collateral S~"LlnlIC» ~nd au\ 1:-(1) ,.:n I\' \'~ IIlli:r~'d lhrllugh ~'uilial Scr. tC Cl\lrporauon . 40.1 G"J1tt Avc . SIC. IOU OOIZ , . source rule in not allowing 11 Rq!I'\I\TI,.'U In \'l:~lm ''nl i\{hIStlr. WiJukcgan. I L 600XS .. A I the jury to have any infor ,,' 1.: " ": .\1.'lllha NASI).SIPC R l·~~I.·r Finiln ci"l S,'!"\ir,'s mation regarding the ac- :IIlJ \Iulua l S""n tel' Corpnrdliull ;lre " 'IW311? ~nlili .. ~ . March 2006 The Docket Page 31 the Court specifically various jurors. While ture meetings. stated: "We do not apply there is a permissible use 8. Larry Ruder gave us a presen the Firefighters Rule be of jurors' affidavits to peti tation concerning the high-low yond its limited context of tion a court to reverse a settlement agreement case he landowner-occupier or lia verdict based upon im tried last year, and provided us bility." The case is of in proper extraneous influ with copies of the article he terest to all of us who de ences on a jury, there is no prepared with his associate fend or fight against im other proper use to over Kirsten Dunne for the Illinois munities every day. Two turn a verdict. In addition, Trial Journal for the Winter of our members who were in this instance since the 2006 edition. This article is a present, being a plaintiff's affidavit was not even terrific summary of issues and attorney and defense attor from a juror but from an cases pertaining to high-low ney currently have a Fire attorney, the Su preme settlement agreements, and fighters Rule case pending Court summarily struck Larry and Kirsten have done a before the Lake County the attorneys affidavit and great job with this excellent Circuit Court. We will con admonished all Trial reference article. Please feel tinue to watch this case to Courts to not consider free to contact Larry if you see if it produces addi such evidence. were not at the meeting for a tional law once Trial Cou rt 6. Rick Lesser also made a presen· copy of the article. rules on the fact issues. tation concerning the new case 9. Terry Brady discussed a very • Redman vs. Socha, 297 Ill. of Cunn interpreting the Dead interesting case involving a Dec. 432 (2005 Supreme Man's Act. Please read Rick's conflict of interest situation be Court): The court clearly article concern ing the facts and tween attorneys on opposite and firmly reaffirmed the importance of Cunn in this is· sides of a case, and the Indirect rule that interviewing ju sue of the Docket. Civil Contempt charges which rors after a verdict in an 7. Mark Broderick raised the issue followed. The case is Helm vs. attempt by a losing party of property damage to automo Walker. which is a new Fourth to attack the verdict is al biles in the context of whether District case, Docket No. 4-05- most always impermissi expert testimony is needed for 0386. The final paragraph of ble. In addition, in this the admission of such photo the opinion warns that attor case the affidavits filed graphs, discussing DiCosola neys who ask for informal legal with the court were not and Ferro, which is an October advice from friends and ac from any individual ju 2005 case out oi the Third Dis quaintances should treat those rors, but were from an at trict. The question was asked conversations with "the same torney for the losing party about the practices of our civil meticulous care" which attor of his conversations with judges in deciding this issue, neys observe in formal attor and Judge Mullen ney/client relationships. Please pointed out that un take a few minutes to read this VAHL REPORTING der Ferro, a "bright interesting opinion. line" rule has not 10. The meeting was adjourned at SERVICE been adopted re approximately 5:40 p.m., with 30 YEARS EXPERIENCE garding the admis several members staying on for sion of photographs further discussion to the south. 110 N. West Street without expert testi Thanks again for a great turn Waukegan, Illinois 60085 (847) 244-4117 mony. Let's remem out, and please start thinking Conference Room A voilabJe ber to share our ex about speakers and topics for periences with how the annual seminar, which we Real-Time Videographer ASCII Disk this issue is resolved will discuss at the February 16 in local cases at fu- meeting. See you then! ADR SYSTEMS OF AMERICA, LLC The Honorable John R. Goshgarian Former Chief Judge 19'" Judicial Circuit The Honorable Emilio B. Santi Former Judge 19 th Judicial Circuit The Honorable Terrence J. Brady Former Judge 19'h Judicial Circuit The Honorable Bernard Drew Former Judge 19'h Judicial Circuit The Honorable Charles Scott Former Judge 19 th Judicial Circuit These respected, retired Judges are now available through ADR Systems of America for arbitrations and mediations. COMMERCIAL DISPUTES - CORPORATE OR CONTRACTUAL PERSONAL INJURY DISPUTES - AUTO OR PREMISES LIABILITY CONSTRUCTION DISPUTES - MULTI PARTY Please visit our website at www.adrsystems.com for a complete listing of arbitrators/mediators as well as view our streamlined commercial rules You can resolve your cases anywhere in the country with ADR Systems of America, LLC See you out of court! ADR Systems of America, LLC 123 West Madison Street The most widely used 22nd Floor ADR service in the Midwest Chicago, IL 60602 (312) 960-2260 Visit us at: www.adrsystems.com (312) 960-2270 FAX Email at:[email protected] (800) 423-7010 March 2006 The Docket Page 11 legislature gives us three new, desperately needed circuit judges PRESS RELEASE that now stand in danger of being lost, while at the same time Lake county Letter advocating adding a few more translators for the courthouse. Bar Association To The I The hypocrisy of this position is I highlighted by the close January 11, proximity in time as well as the I Editor I rationale given for the neutrality. 2006 When the Executive Board I I was considering its position on The Lake county Bar ~~~~ the three new circuit judge Association agrees positions, Ms. Goldberg indicated and acknowledges Dear Editor, that she didn't want the LCBA to get involved in a political issue. that the legal I just had the pleasure of In her column advocating new process in Lake opening up the latest copy of The translators for the courthouse, county would Docket and reading the however, Ms. Goldberg benefit from the President's Page. As I read the specifically addresses the establishment of piece, I became both pleased and "elephants in the room," It dismayed by what my Bar appears Ms. Goldberg doesn't additional Lake Association's president had to have any hesitation in addressing county Judicial say. I was pleased by the fact that Republicans when she perceives Positions. While the she indicated her support for them to be opposing what she's Lake County Bar standing for (although, as a expanding the resources we need Association takes no in our overcrowded courthouse. Republican, I wouldn't have any As we all know, justice delayed is problem with a few more position regarding justice denied, and I, along with translators). any particular plan many other attorneys here in In the end, I am disappointed towards effectuating Lake County, am continually in Ms. Goldberg because Lake this result, nor do we frustrated by the delays caused County needs the three judges by the lack of proper resources. that we received in last year's endorse any While I was pleased to find legislation. This is not a matter of particular candidate Ms. Goldberg advocating more politics, it is a matter of justice. for Judge, we are resources for the administration Our courtrooms are convinced that the of justice in the county, I became overcrowded, not just for lack of people of Lake dismayed when I read her translators, but also for lack of proposal for new translators-not judges. I would have hoped that County would because we couldn't use them, Ms. Goldberg, as president of the benefit from but because she had very recently Lake County Bar Association, improved access to failed to support the addition of would have done what was in the justice by the new circuit judges for Lake best interest of the members of establishment and County. I find it ironic and our organization. Instead, I fear hypocritical for someone who is she allowed her politics to get in funding of additional charged with being a prime the way. judgeships in Lake advocate for the needs of our County. profession in Lake County to take Sincerely, a stand of neutrality when the Roderick A. Drobinski Page 34 The Docket March 2006 LeBA New Members from November 200S-January 2006 Christine B. Adams Marc R. Fisher Robert J. Adams & Associates Katz, Goldstein & Warren Chicago, Illinois Bannockburn, Illinois College: Loyola University College: University of Wisconsin Law School: John Marshall Law School Law School: New York Law School Gerald E. Beatty Kerry A. Garesche Chicago Title Insurance Co. Attorney at Law Vernon Hills, Illinois Mundelein, Illinois College: University Of Wisconsin College: Northwestern University Law School: Northwestern University Law School: John Marshall Law School Jennifer Beth Cunningham-Beeler Melissa Meo Giannini Lois Kulinsky & Assoc., Ltd Attorney at Law Wheeling, Illinois Grayslake, Illinois College: Illinois Wesleyan University College: Northern Illinois University Law School: DePaul University Law School: DePaul University Jaime R. Benzinger-Benedict Howard T. Goffen Attorney at Law Law Offices of Howard T. Goffen & Associates Lindenhurst, Illinois Highland Park, Illinois College: Loyola University College: Loyola University Law School: Chicago Kent College of Law Law School: DePaul University Luis A. Berrones LeeAnn L. Gurysh Gardner Carton & Douglas, LLP Attorney at Law Chicago, Illinois Vernon Hills, Illinois College: DePaul University College: Penn State University Law School: DePaul College of Law Law School: Villanova University Erin E. Cartwright Robert H. Hanaford Chausow & Shafer Law Offices of Robert H. Hanaford Highland Park, Illinois Chicago, Illinois College: St. Mary's College/Norte Dame College: Western Illinois University Law School: Thomas M. Cooley Law School Law School: Drake University Benjamin M. Dillon Nicole. L. Hanna State's Attorneys Office Shand, Morahan & Co., Inc. Waukegan, Illinois Deerfield, Illinois College: University of Illinois College: Marquette University Law School: John Marshall Law School Law School: Loyola University March 2006 The Docket Page 35 LeBA New Members from November 200S-January 2006 Timothy R. Lessman Marie Treubig Prine Tressler, Soderstrom Maloney & Priess Attorney at Law Chicago, Illinois Lindenhurst, Illinois College: Illinois University-Urbana College: University of Alabama Law School: DePaul University Law School: University of Alabama Adam J. Lysinski Stephen J. Rice Lysinski & Associates, P.c. Nineteenth Judicial Circuit Chicago, Illinois Waukegan, Illinois College: Loyola College: University of Wisconsin Law School: John Marshall Law School Law School: Chicago-Kent Fiona Alicia McConnick Adam Sidoti INFORMATION NOT PROVIDED Brenner, Ford, Monroe & Scott College: Carroll College Chicago, Illinois Law School: Valparaiso College: University of Illinois-Champaign Law School: John Marshall Law School Kevin K. McConnick Attorney At Law Mark A. Van Donse/aar Libertyville, Illinois Churchill, Baumgartner & Quinn, Ltd. College: Carroll College Grayslake, Illinois Law School: Valparaiso College: Dordt College Law School: Valparaiso Scott A. Mrozek Chicago Title Insurance Company Susan J. Van Sky Naperville, Illinois Clark & Runkle, p,c. College: Rollins College Grayslake, Illinois Law School: John Marshall Law School College: Arizona State University Law School: DePaul University Charles T. Newland Newland, Newland Newland Edward L. Valio Arlington Heights, lllinois Law Offices of Walter Schummer, p,c. College: University of Illinois Libertyville, Illinois Law School: John Marshall Law School College: George Washington University Law School: Widener University Alison Jane Oliver Attorney at Law Martin N. Walker Northbrook, Illinois Joanem & Demosthene p,c. College: Illinois Wesleyan University Wa ukegan, Illinois Law School: DePaul University College: Morehouse College Law School: Pepperdine University Page 36 The Docket March 2006 Recent Lake County Verdict Plaintiff: Horentia Aguilar Defendant: Stephen Heisner Case Number: 04 AR 1368 Trial Judge: Honorable Henry C TOnigan Trial Date: August 22-23, 2005 Plaintiff's Attorney: Mark A. Heftman-Segal & Segal, Chicago Defendant's Attorney: Correy P. Keilen- Mordini & Schwartz, Chicago Last Demand: $12,000 (indicated $9,000) Last Offer: $6,500 Arbitration Award: $12,500 (rejected by Defendant) Date of Occurrence: February 7, 2003 Nature of Case: Plaintiff was driving westbound on Route 83/60 near the intersection of Midlothian Road, Mundelein. As she approached the intersection with traffic backed up, she pulled into the left turn lane at which time the defendant's car exited from the Ci tgo corner gas station to plaintiff's right through stopped traffic to make a left turn to go eastbound. Defendant collided with the right side of plaintiff's ca r; defendant claimed that plaintiff started her approach through yellow-striped markings before the start of the left turn lane. Plaintiff testified via interpreter that she drove immediately to Good Shepard Hospital. obtained negative x-rays and diagnosed with cervical strain, given medications and released 2 II weeks later. Plaintiff obtained name from phonebook and goes to Dr. Cynthia Carl sen, chiropractor, and received 4 months of therapy, totaling $5,090. Defendant challenged her inconsistent statements to hospital and Dr. Carlsen and disputed the nature and extent of treatment. Verdict: Verdict was $2,046 ($1,513 medical and $533 rental car bill) reduced by 49% comparative, resulting in a $1.043.46 net verdict. Post-trial motions pending. ~ Sigmund Technology Group SIGMUNDTECHNOLOGY provides forensic computer examination, technology GROUP support and data recovery Computer Forensics / Technology Support / Data Recovery services to a diverse group of businesses in Chicago and "The smoking gun may be a click away " surrounding metro areas. We provide expert forensic analysis of all forms of digital Walter R. Sigmund Certified Computer Examiner media. EnCase Certified Examiner e 847-487-9300 e www.sigmundTG.com ·jf"·."·."·ir"·ir"·ir"·ir"·ir"·ir"·ir"·ir"·ir"·."·."·."·." .•" LAKE COUNTY BAR ASSOCIATION ·r" Jr" LAKE COUNTY BAR FOUNDATION ~" ·ir"'al ANNUAL BUSINESS MEETING .•"l " .ltr" Featuring a Special Presentation by: .lir" • Judge John Phillips, Daniel Shanes & Joy Gossman on • .ir" Therapeutic Intensive Monitoring Court (Drug Court) .r" e " Tuesday, March 21, 2006-12:00 Noon 'Se" ·ar Ramada lIm/Waukegan • 200 N. Green Bay Rd. • Waukegan, lL ·r".l,r" Fresh Homemade Soup du Jour • Garden Salad ·r".M,e" • *Breast of Chicken Stuffed with Orange Rice, En Plum Sauce ill lir" Vegetable, Rolls & Butter .~,r" .• Chocolate Mousse ·ir" THE PURPOSE OF THIS ANNUAL MEETING IS ·ir" .ir" TO CONDUCT THE FOLLOWING BUSINESS: 'ir" e .M.ill " ELECTION OF OFFICERS .M,eill • Second Vice President-Bryan Winter .Ir"ill Treasurer-Stuart A. Reid .M,eill " ·ir" ------_~~_~~~~~?=~_~~i_~~_~_._ ~~-~~~~------·r" .ir" 'Vegetarian Meal Available Upon Request .r" '~r" At $20.00 per person, please find my check in the amount of $ for .lir" • • ___ reservations for the Annual Business Meeting on Tuesday, March 21, 2006. • ·Ir"ill Please print or type: .;r"ill ·ir" Name(s): Phone: .ir" '~r" The Lake County Bar Association '~,!rr • 7 North County Street· Waukegan, IL 60085 • (847) 244-3143 ·jf"·."·."·."·."·ir"·ir"·jf"·ir"·ir"·."·ir"·." ·ir"·ir" ·ir" B~~~~O~~~~~~~~~~~O~~~O~~ El LAKE COUNTY BAR ASSOCIATION B "BROWN BAG" SEMINAR Wednesday, March 22, 2006 -12:00 p.m. to 1:30 p .m. Lake County Courthouse 18 N. County Street· Waukegan,IL ~ Courtroom C-201 EalB ~ CROSS EXAMINATION Presented by: The Honorable Michael Fusz Robert P. Will, Jr. George D. Strickland With a Presentation by the Probation Department on: INTERSTATE TRANSFERS LCBA Members: Non-Members: SEMINAR IS FREE TO ALL LCBA MEMBERS. $15.00 (SEMINAR ONLY) Want us to order IlIn ch for YOII? $23.00 (SEMINAR WITH LUNCH) Pre-order your lunch for only $8.00- When ordering lunch, please lise form below please use fOYIII below RESERV A nON DEADLINE IS MONDAY, MARCH 20, 2006! ALL LUNCH ORDERS MUST BE PAID FOR IN ADVANCE Enclosed please find $ for a box lunch/seminar fee for the Lake County Bar Association Brown Bag Seminar on Wednesday, March 22, 2006. Name: ______Phone: ______ Circle Lunch Selection Circle Drink Selection Turkey Tuna Ham Roast Beef Coke Diet Coke Sprite Water Make Checks Payable and Return to: Lake County Bar Association· 7 N. County Street· Waukegan, IL 60085 BALL BROWN BAG SEMINARS ARE FREE TO LeBA MEMBERS!! ~ ElElElElElElElElEl~~El~ElOElElElEl~~El~ElElElEl~O~~~ March 2006 The Docket Page 39 We 't Until They're Served. No longer do you need to be at the mercy of law enforcement agencies or unknowns for your process serving. Lakeside Investigations is a nationwide public document search and retrieval firm. uniquely Conference Room Available positioned to serve your documents anywhere in the Computer-Aided Transcription U.S. and even abroad. Timely and efficiently. And we're Minuscripts not quitters. As long as we have a good address, we'll keep gO ing & 'til we can say, "Gotcha l" To learn L L Reporting Service, Inc. all the things we can do to make 26 Years Experience COURT REPORTERS your job easier, give us a call. 9 North County Street Let's get to know each other. lAKESIDE WaUkegan, IL 60085 Lori A. Edor (847) 62]-7580 800,636, 1511 !NYESIl~AnONS Linda M. Giuscffi FAX (847) 62]-7597 www.lakesideinvestigations.com Li c# 11 7-0 01132 ~~~~~~~~~~~~~~~~ ~ Hal'l'\1 St. Patricl<'s Da\1! ~ ~ March 17, 2006 ~ ~~~~~~~~~~~~~~~~ Tell it to the readers and publish your Public (legal) Notices with PIONEER PRESS YOUR LOCAL SOURCE Call John Bieschke, Ll'galA(lvertising Manager (847) 486-7233 • [email protected] 3701 W. Lake Ave .• Glenview, IL 60026 Fax (847) 486-7456 (847) 486-9200 Page 40 The Docket March 2006 BAR BULLETIN BOARD PROFESSIONAL OFFICE BUILDING-in down FOR RENT-Lower level office space across street town Waukegan. Walk to courthouse. Referral from Lake County Courthouse, consisting of 4 of work available. Reception area and utilities in fices and 2 secretarial stations. Can be divided. Rea cluded. Rent $400 to $700. Call for appointment at sonable rent. Call Diane at (847) 244-0770. (847) 244-4636. WAUKEGAN--Single to four offices available at 16 N. West Street located one block from the Lake County Courthouse (directly across from the New City Hall). New paint and carpet throughout. Off DOWNTOWN WAUKEGAN-One or two spa street parking available. Perfect for satellite office or cious offices in shared office suite, with reception local practitioner. Reasonable rent. Utilities in room, secretarial areas and conference room at 33 N. cluded. Shared office equipment arrangements County Street across from Lake County Courthouse. available. Call David at (847) 244-0095 or (847) 623- Call Loretta at (847) 244-9100. 1011. Is Mid America THle Hayina A Total Makeoyer1 Well, Yes. And o. Mid America Title is now North America Title Company, a part of the Lennar Corporation family of companies. This provides our customers with many new advantages. We have more local offices for added convenience. We are now part of a nationwide network, something especially helpful for out-of-state purchases. And we have the increased financial stability of a larger organization. Of course, while this changes what we are, it doesn't change who we are. Our staff remains the same as does our "family feel " and outstanding customer service. All of which gives you the best of both worlds. And that 's the kind of "makeover" that makes everybody happy. ..NORTH _ AMERICAN . TITLE •• COMPANY Like Clockwork® Artinglon HIs. 2015 S. Arlington Hts. Rd. 847-640-6600 Chicago Loop 70 W Madison st. 312-853-1191 Chicago North 4708 N. Milwaukee Ave. 773-794-1888 Cryslal Lake 149 N. Virginia St. 815-455-2500 Hoffman Eslales 2300 N. Barrington Rd. 847-490-4243 Ubertyville 1641 N. Milwaukee Ave. 847-367-4400 Palos Hills 9800 S. Roberts Rd. 708-598-6500 Waukegan 222 N. County St. 847-249-1200 Whealon 373 S. County farm Rd. 630-690-9500 Yorkville 803 N. Bridge St. 630-553-9104 www.nat.com LCBA CALENDAR OF EVENTS M.ARC:r£ 2006 1 Real Estate Committee Meeting 2 GAL Training 7 Doctor/Lawyer Dinner 8 Legal Aid Committee Meeting 13 Local Government Committee Meeting 14 Wills, Trust & Probate Committee Meeting 15 Family Law Seminar Planning Meeting 16 Executive Board Meeting Civil Trial Committee Meeting 17 St. Patrick's Day 20 Spring Begins 21 Annual Business Meeting 22 Brown Bag-Cross Examination/Interstate Transfers 28 Criminal Law Committee Meeting LAKE COUNTY BAR ASSOCIATION NON-PROFIT u.s. POSTAGE 7 N. County Street PAID Waukegan, IL 60085 Mailed From Z ip Cod e 60031 Perm it No. 356