February 2013 Dedicated to improving the quality of life in ourN communityewsbriefs by inspiring excellence in the practice of law That Little iPhone Could Have a Big Impact in Court How are legal cases affected by today’s increasingly wired, increasingly connected world? What risks are associated with popular mobile devic- es, such as smart phones and iPads? How can those risks be reduced? How can attorneys obtain and use evidence procured from these same devices, and from social networking sites such as Facebook and Insta- gram? Those topics and more were addressed at the NWSBA’s Winter Dinner Meeting held Jan. 24 at the Ram Restaurant and Brewery in Wheeling. Jeffrey L. Hartman, CEO of 4Discovery, a firm that provides electronic discovery and computer forensics services to the legal community, tackled the topics of “Mobile Phone Forensics.:Tiffany Ferguson, a partner at Pugh, Keynote speakers Tiffany Ferguson with Pugh, Jones Jones & Johnson discussed “Social Media Discov- and Johnson; and Jeffrey L. Hartman, CEO of eDiscov- ery.” eryLabs. Mobile Phone Forensics discoverable and can change the course of the entire litigation investigation. The U.S. Supreme Court has Mobile devices are everywhere, and Their held previously in Ontario, CA vs. Quon that there’s usage is increasing, There’s also an increase in bad no expectation of privacy with company-issued de- behavior. Sometimes people do dumb things with vices. handheld devices, leaving a digital trail, Mr Hartman In addition, companies are grappling with the highlighted a few high-profile cases, including that of trend of employees bringing personal devices into New York Rep. Anthony Weiner, who sent to a vast the workplace. Many employers don’t know how to audience what he thought was a private photo; Then handle the issue, As an example Mr. Hartman related there was former Detroit Mayor Kwame Kilpatrick, that an employee could be sitting in his backyard whose text messages led to corruption charges and with an I pad or a mobile phone to access and send a his removal from office. “Just because you’re holding company file, by logging into the company network. this little thing in your hand and can send information Mobile devices being ever-present, the “opportunity to the universe to engage in behavior that tends to be incriminating doesn’t mean you goes up.” Issue Features: should,” Hartman And handheld devices can contain a vast array emphasized. of information, much of it sensitive. Mr. Hartman Mobile device called company e-mail, webmail and texts “the Holy President’s Page 3 use has exploded, Grail. We probably find 80 percent of the valuable and text messag- Table of Contents 5 stuff there.” There’s also geographical location infor- ing has overtaken mation and history, call logs and contacts, calendar e-mail as the Board Meeting 24 entries, photos and videos, documents and files and “new communi- text messages. Highlights cation of choice,” Hartman said. Bulletin Board 27 That’s an issue See Page 15 For More Photos. for attorneys and Calendar 28 business execu- tive and owners, because data on Continued on Page 6 mobile devices is Newsbriefs - 2 Newsbriefs - 3 President’s Page by: Neil H. Good mu • tu • al [myoo’choo el] adj. - 1 held in common 2 for each other 3 shared The remaining portion of my presidency will be spent on hopefully launching two additional features on the NWSBA website. As most members know, I have been on the Committee that has spearheaded the re- birth of the website over the past couple of years. I feel that the website is the best place to give our members additional benefits. The first additional feature that we are working on is an online referral service so that the public can choose an attorney online. Our current referral service is via telephone only. The second addition to the web- site is mini-websites for our members that feature a way to find an attorney, indicate the area of practice and It’s our relationship with you. for the attorney to put documents on line so that the public can review the work of an attorney before choos- ing an attorney. We are hopeful that this will be similar to what the public sees when people visit a hospital ISBA Mutual - More Than A Definition Professional website. Hopefully, these min-websites will include a picture of each member and basic information about the Liability Insurance Held In Common - ISBA Mutual Insurance is structured without attorney in areas of his or her practice. We are also looking to have the mini-sites linked to the attorneys own shareholders and is entirely owned and governed by its policyholders. Newly Licensed websites. For Each Other - By serving our owners and leadership, we serve our Attorney Program On February 21, 2013, the NWSBA will host one of the annual events that I look forward to all year. clients. The client’s best interest is in our best interest because we are That is the Mock Trial Competition that the NWSBA sponsors and holds at the Third Municipal District one and the same. Risk Management Courthouse. The first year that the NWSBA became involved in this Competition, I was standing on the sec- Shared - Every insurance company shares risk with its insured, but we Surety Bonds share our policyholders’ goals and have returned over $11.3 million in ond floor of the Courthouse, overlooking the entrance as fourteen bus loads of young adults pulled up, two at a dividends to our policyholder ownership since 2000. time, and unloaded the competitors. Prior to that year, the Mock Trial Competition was held by Maine South Rated “A” Excellent by A.M. Best in classrooms. It was the foresight of our then President, Dennis Favaro, that entrusted myself and Lee De- Wald to undertake the Mock Trial Competition and make it the finest in the State. ISBA Mutual Insurance has been exclusively serving Endorsed by Illinois State Illinois lawyers and law firms since 1988. Bar Association As I watched those young men and women enter the Courthouse, I thought to myself that the NWSBA ISBA Mutual was formed twenty-three years ago through the efforts of Over $11.3 Million in was molding the future of their lives with this event. Every year that the NWSBA puts on this event, the event Illinois lawyers banding together to help one another by establishing our Policyholder Dividends brings new challenges. This year’s challenge was moving the Competition from a Saturday to a Thursday. own insurance company. Our company has grown to be one of the most Since 2000 significant providers of malpractice insurance for lawyers in Illinois. This was made necessary because the Third Municipal District Courthouse is now closed on the weekends. The majority of the problem solving was handled by Presiding Judge William O. Maki. Without his help, we We specialize in professional liability insurance written specifically and exclusively for the needs of Illinois attorneys. It’s our only business. could have never been able to go through the myriad logistics necessary to put on this event on a Thursday night. I want to thank Judge William O. Maki for his support and his effort in this matter. I also want to ISBA Mutual Insurance Company thank all the members of the Bar and the Judiciary who have volunteered their time to stay late on a Thursday 223 West Ohio Street Chicago, IL 60654 night to judge the Competition. (800) 473-4722 I particularly want to thank the present Chairs of the Mock Trial Competition, Jay Andrew and Rich- Strength | Commitment | Dedication www.isbamutual.com ard Karwaczka, for their continuing efforts to make this one of the NWSBA’s signature events. I also want to remind all mock trial scoring judge volunteers and the Judiciary that the NWSBA is sponsoring cocktails and appetizers at Jimmy D’s after the event as our way of saying “thank you”. Newsbriefs - 4 Newsbriefs - 5 Newsbriefs THANK YOU! Table of Contents Published by: NWSBA The NWSBA would like to thank all its members who Attorneys who volunteer for the Pro Bono Desk assist Title Page volunteered to work the Pro Bono Desk and as Court pro se litigants by answering general questions regard- Production Editor: Julie Barth Facilitator in January at the Third District Circuit ing small claims, landlord/tenant and divorce cases. Winter Dinner Meeting Recap 1 Deadline to submit: Court. Your time and effort is very much appreciated. The desk is open on Friday afternoons from 1:00 pm President’s Page 3 15th of the month Advertising Rates: Pro Bono Attorneys: to 3:00 pm or until the last court call is done. Volunteer Thank You! 4 Charles Harth Call 847-221-2601 Ronald Wittmeyer Notice: Call for Mock Trial Volunteers 4 Brad Chelin The Court Facilitator Program benefits the attorneys Northwest Suburban Bar Association William Knee as well as the Judges who preside over Domestic Re- Business Succession Planning CLE Registration 7 Executive Committee President: Neil H. Good lations cases. In addition to assisting pro se litigants, Paternity Facilitators: Matrimonial Law Update 8 Executive VP: Michael A. Meschino Anthony Calzaretta attorneys who volunteer for this program are there First VP: William F. Kelley Matrimonial Law CLE Registration 9 Angela Peters to help settle all pending Domestic Relations cases. Second VP: Ronald F. Wittmeyer Sandra Coscino Treasurer: Nichole M. Waltz This program takes place on Thursdays from 9:00 am “2013 Benefits Increase Among Lowest Since 1975“ 10 Eileen Neugebauer Secretary: Jay A. Andrew Steven Polachek - 12:00 pm. We also need facilitators to assist the pa- Spring Dinner Meeting Registration 11 Executive Director: Julie Barth ternity call on Thursdays from 9:00 am - 12:00 pm.