CBA Record November 2018

NOVEMBER 2018 CBA

The Chicago Bar Association CLE in Jerusalem, Israel March 30-April 5, 2019

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CONTENTS

CBA RECORD

November 2018 • Volume 32, Number 7

6 Editor's Briefcase

The Opposite of Incivility

INSIDE THIS ISSUE

8 President’s Page

CBA’s 2019 International CLE Program in Israel

26 Ballot Position and its Impact on Cook County Judicial Elections: The Early Bird Gets the Term By Albert J. Klumpp 32 Full and Frank Conversations in the Age of Twitter: Is Attorney-Client Privilege Dead? By Paul C. Meyers 36 Voluntary Dismissals post- Hartney v. Bevis– Appeal Dismissed: Can It Be Refiled? By Richard Lee Stavins

10 CBANews 20 Chicago Bar Foundation Report 22 Murphy’s Law 46 Legal Ethics New ABA Advertising Rules By John Levin 48 Ethics Extra An Egregious Case of

YOUNG LAWYERS SECTION

MiscommunicationWith an Unrepresented Party By Scott M. Priz

38 Making Informed Decisions By Brandon E. Peck 40 Incivility in Law and Society By Jayne Reardon

On the Cover CBA Members and guests are cordially invited to a special 6-day CLE trip to Israel that will take placel from March 30 through April 5, 2019. A trip agenda, travel information and a registration for CLE in Israel 2019 can be found at www.chicagobar.org/chicagobar/ Israel2019. Call 312/554-2057 if you have any questions.

NOVEMBER2018 CBA

The CBA Record (ISSN 0892-1822) is published seven times annually (January, February/March, April/May, July/August, September, October, November) for $10 per year by The Chicago Bar Association, 321 S. Plymouth Court, Chicago, Illinois 60604- 3997, 312/554-2000, www.chicagobar.org.Subscriptionsfornon- membersare$25peryear.PeriodicalspostagepaidatChicago, Illinois.POSTMASTER:Sendaddresschangesto CBARecord ,c/o Kayla Bryan, Chicago Bar Association,321SouthPlymouthCourt, Chicago,Illinois60604. Copyright2018byTheChicagoBarAssociation.Allrightsreserved. Reproductioninwholeorinpartwithoutpermissionisprohibited. Theopinionsandpositionsstatedinsignedmaterialarethoseof theauthorsandnotbythefactofpublicationnecessarilythose oftheAssociationoritsmembers.Allmanuscriptsarecarefully consideredbytheEditorialBoard.Allletterstotheeditorsare subjecttoediting.Publicationofadvertisementsisnottobe deemedanendorsementofanyproductorserviceadvertised unlessotherwisestated.

The Chicago Bar Association CLE in Jerusalem, Israel March 30-April 5, 2019

CBA RECORD

EDITOR’S BRIEFCASE BY JUSTICE MICHAEL B. HYMAN, EDITOR-IN-CHIEF The Opposite of Incivility The opposite of incivility is not civility, it’s professionalism. Professionalism encompasses many attributes, including dignity and respect, honesty and integrity, and self-awareness and self-control, as well as civility. Ordinarily, early in our careers, we decide how we want clients, colleagues, adversaries, and judges to perceive us. We can choose to be lawyers who value courtesy, candor, and con- sideration of others; that is, strive for professionalism. Or, we can choose to be lawyers who value aggressiveness, flashes of anger, and duplicity; that is, engage in incivility. In my view, a lawyer cannot partake in incivility and still embody professionalism. These concepts are mutually exclusive. The vast majority of lawyers shun the tactics of the purvey- ors of incivility, maybe because they realize that few qualities are as important in and out of the legal arena as a good name. Apparently, purveyors of incivility don’t mind acquiring an unsavory reputation in the pursuit of their own ends. Incivility undermines the ability of the legal system to discover the truth. Inevitably, it also creates outsized distractions, delays consideration of the real issues, and increases legal expenses for everyone involved. All of this makes the practice of law unsatisfying, difficult, and more emotionally demanding. What Professor Stephen L. Carter in his book, Integrity , highlighted as wrong with Ameri- cans applies especially to lawyers. Carter wrote that people “care far more about winning than about playing by the rules.” Professionalism implies playing by the rules; incivility implies winning at any cost. Some lawyers believe that unless they retaliate, an eye for an eye, they demonstrate weak- ness. Not true. Reacting in the same vein as the perpetrator resolves nothing. Instead, it merely reinforces the antics. Besides, when both sides roll around in the same pool of mud, both come out dirty. Contrary to popular impression, civility is never a sign of weakness, as President Kennedy said in his Inaugural Address at the height of the Cold War. Actually, the reverse—repeated acts of incivility—signals weakness. These gratuitous acts also signal a weakness of character that motivates these people to behave the way they do. Tens of thousands of Illinois lawyers understand this, and conduct themselves with the utmost professionalism, without resorting to antics or raising their voices or being obstructive. Another frequent response, ignoring incivility, can be equally harmful. Better to assess the situation and decide whether the transgression warrants attention. At the very least, document their every move. Before responding, consider conferring with a trusted mentor or colleague. And when you do respond, whether orally or in writing, be calm, objective, and firm, explaining what was offensive, and why it is unacceptable. Sometimes a dash of humor can help defuse tensions, too. Judges find incivility just as demoralizing (and frustrating) as lawyers on the receiving end. Although judges dislike taking lawyers to task, when the situation requires intervention, backing off gives the appearance that the judge condones the errant behavior. Judges are likely to take into account which lawyer conducted himself or herself in a professional, responsible manner. Once drawn in, the judge should be proactive, instituting measures appropriate under the totality of the circumstances. Tolerance for unprofessional conduct is not a virtue in a judge. Those who use incivility as a weapon should feel embarrassed. They don’t. Should mend their ways on their own. They won’t. Should embrace professionalism. They will, but only if the rest of us show them that upholding professionalism is the bedrock for lawyers. Rehearing “More civility and greater professionalism can only enhance the pleasure lawyers find in prac- tice, increase the effectiveness of our system of justice, and improve the public’s perception of lawyers.”–Justice Sandra Day O’Connor

EDITORIAL BOARD Editor-in-Chief Justice Michael B. Hyman Illinois Appellate Court Associate Editor Anne Ellis Proactive Worldwide, Inc. Summary Judgments Editor Daniel A. Cotter Latimer LeVay Fyock LLC YLS Journal Editors-in-Chief Natalie Chan Sidley Austin LLP

Daniel J. Berkowitz Aronberg Goldgehn

Carolyn Amadon Jonathan B. Amarilio Taft Stettinus & Hollister LLP Ali Ammoura Cook County Public Defender's Office Amy Cook Amy Cook Consulting Nina Fain Janet Sugerman Schirn Family Trust Anthony F. Fata Cafferty Clobes Meriwether & Sprengel LLP Clifford Gately Heyl Royster Jasmine Villaflor Hernandez Cook County State’s Attorney’s Office Lynn Semptimphelter Kopon Kopon Airdo LLC John Levin Kathryn C. Liss Schiller DuCanto & Fleck/DePaul University Family Law Center Bonnie McGrath Law Office of Bonnie McGrath Clare McMahon Law Office of Clare McMahon Pamela S. Menaker Clifford Law Offices Peter V. Mierzwa Law Bulletin Publishing Company Kathleen Dillon Narko Northwestern University School of Law Adam J. Sheppard Sheppard Law Firm, PC Nicholas D. Standiford Schain Banks Kenny & Schwartz Ltd. Richard Lee Stavins

Robbins, Saloman & Patt, Ltd. Judge E. Kenneth Wright, Jr. Circuit Court of Cook County Rosemary Simota Thompson William A. Zolla II The ZOLLaw Group, Ltd.

THE CHICAGO BAR ASSOCIATION David Beam Director of Publications Rebecca Martin Manager of Advertising and Sponsorships

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PRESIDENT’S PAGE BY STEVEN M. ELROD CBA’s 2019 International CLE Program in Israel

The Chicago Bar Association www.chicagobar.org

OFFICERS President Steven M. Elrod

Holland & Knight LLP First Vice President Jesse H. Ruiz

Metropolitan Chicago. We have planned a trip that will provide you with an incredible experience with exclusive access to major exhibits and all three branches of government, including a private tour of the Israel Supreme Court, as well as private guided tours throughout Jerusalem and the entire State of Israel. To break up the travel to Israel, we have arranged for a pre-conference stop in Amsterdam. Air travel between Chicago and Amsterdam is relatively easy, and is offered by most major airlines. Air travel from Amsterdam to Israel can be arranged very economically through a charter flight arranged by the CBA’s travel agent. Unlike many past trips, we have planned the pricing for this trip to be as “all- inclusive” as possible. All of the tours and most of the meals will be included in the hotel lodging price. There will be several choices in lodging, with special deals at each, ranging from the top luxury hotels in Amsterdam, Jerusalem and Tel Aviv to economical, four-star hotels, all in very convenient locations. The CBA’s travel representative, Mark Rotblatt (312/802-3700), would be happy to help you arrange your flight itinerary. Here are the highlights of the trip: Pre-conference trip to Amsterdam: March 30-31 The Amsterdam visit offers two superb hotel selections, the Sofitel Grand Amster- dam or the Sofitel INK Hotel. The two night Amsterdam hotel package includes: buffet breakfast daily, VAT tax and all ser- vice charges, a walking tour/canal cruise, private tour of the Anne Frank Haus and a truly unique Rijsttafel dining experience.

Drinker Biddle & Reath LLP Second Vice President Maryam Ahmad Cook County State's Attorney's Office Secretary E. Lynn Grayson Nijman Franzetti LLP Treasurer Timothy S. Tomasik Tomasik Kotin Kasserman LLC Executive Director Terrence M. Murphy Assistant Executive Director Elizabeth A. McMeen BOARD OF MANAGERS Jonathan B. Amarilio Alan R. Borlack Judge Thomas M. Durkin Sharon L. Eiseman Mark B. Epstein Nina Fain Hon. LaShonda A. Hunt Michael J. Kaufman Hon. Diane Joan Larsen Lori E. Lightfoot Kathryn Carso Liss Hon. Thomas R. Mulroy Matthew A. Passen

I ampleased to invite you and your family and friends to attend the Chicago Bar Association’s 2019 International CLE Program in one of the world’s oldest and most magnificent cities, Jerusalem, Israel, April 1 through Friday, April 5, 2019. Jerusalem dates back to the 4 th millen- nium BCE and is Israel’s historic capital. My wife Donna and I have been working with Terry Murphy and Beth McMeen on the details of the Jerusalem program for the past six months. During that time we have become close friends with Aviv Ezra, Israel’s Consul General to Chicago; Moran Birman, Consul for Public Diplomacy;and their staff in Chicago. Consul General Ezra’s help in planning our Jerusalem pro- gram has been invaluable and through his efforts our programwill feature exceptional speakers working at the highest levels of each branch of Israel’s government. Our planning team has also been the beneficia- ries of the extensive experience, frommany missions to Israel, of Temple Am Shalom Rabbi Steven Stark Lowenstein, members of the Decalogue Society, representatives of Bank Leumi, and the Jewish Federation of

Brandon E. Peck Mary Robinson Federico M. Rodriguez John C. Sciaccotta Adam J. Sheppard Helene M. Snyder Greta G. Weathersby Zeophus J. Wiliams

8 NOVEMBER 2018

Tel Aviv: April 5-7 Following the Jerusalem program, mem- bers are invited to extend their visit to Israel with a two night stay at the David Intercontinental Hotel in Tel Aviv that includes: • Buffet breakfast daily. • VAT and service charges. • Ground transportation transfers from Jerusalem to Tel Aviv. Tel Aviv offers many must-see historic sites and tourist attractions including: The Beach Promenade, Jaffa’s Old City & Port, Carmel Market, Tel Aviv Port, Night Life at the Great Synagogue and much more. Jaffa, which was founded in 1800 BCE, is a beautiful ancient port city on the Medi- terranean Sea. Jaffa is a short walk along the promenade from the David Intercon- tinental Hotel. In Jaffa you’ll want to see Clock Square built in 1906, the Zodiac Alleys leading to the Mediterranean, the Jaffa Museum of Antiquities located in an 18 th century Ottoman building, the archeological museum, the Farkash Gal- lery, and a host of numerous churches, monasteries and Al-Bahr Mosque, which is Israel’s oldest mosque. Jaffa’s quaint streets and many artisan shops add to the charm of this ancient city. This is certain to be the trip of your lifetime. Come and join us. We’ll have a great time. The itinerary and registration materials for the CLE in Israel program are available at www. chicagobar.org/chicagobar/Israel2019. For more information, please call the CBA’s Events Coordinator, Tamra Drees, at 312/554-2057 or email tdrees@chicagobar.org. LOOKING FOR A MENTOR? The CBA offers the following programs: Lawyer- to-Lawyer Mentoring Program (accredited for 6 hours of Illinois professional responsibility IllinoisMCLE upon completion); and Alliance for Women Mentoring Circles (no credit). For further assistance on mentoring programs, contact the CLE Department at 312/554-2052.

Jerusalem: April 1-5 Highlights of the CLE program in Jerusa- lem include: • Exclusive access to all three branches of Israeli Government including pri- vate tours of the Supreme Court and Knesset. • A selection of three outstanding hotels in Jerusalem: David Citidel Hotel, Mamilla Hotel, or the Herbert Samuel Hotel. • CLE programming (8 hours of Illinois MCLE Credit) with a focus on gov- ernance, criminal justice, and health sciences and technology. Israel is known as the “Startup Nation” as it is one of the world’s most innovative countries. Israeli researchers have made headlines

for eye-catching projects that have chal- lenged conventional thinking. Our CLE programming will focus on innovation in technology and health care and will feature a presentation from the Israeli Innovation Authority. • All-inclusive tours (walking or Segway) of Old Jerusalem, including the Yad Vashem Holocaust Museum, the Golden Dome of the Rock, theWestern Wall and the acclaimedMahane Yehuda outdoor market. • All-inclusive tours of either Bethlehem and Jericho, or Masada and the Dead Sea. • A welcome reception in Jerusalem and two group dinners are included in the CLE package.

CBA RECORD 9

CBA Members Grab the Holiday Spirit and Get Ready to Celebrate Young Lawyers Set to Celebrate at Annual Holiday Social

Make a Child’s Holiday a Little Brighter... Fulfill a Wish through the Dear Santa Letter program Help a child enjoy the holidays...answer a Dear Santa Letter! This holiday season, the Young Lawyers Section is distributing “Dear Santa” letters provided by Direct Effect Charities, a group that receives thou- sands of letters from disadvantaged youth from Chicago Public Schools requesting gifts from Santa. Here’s how it works: select a letter, purchase a few items the child has requested (approx. $25 or less), and mail the package directly to the child’s school. Letters will be available to be picked up at the CBA in mid-November (stop by our 1st floor bookstore). If you would like to distribute letters at your firm in bulk (10+ letters), email yls@chicagobar.org. Complete instructions will be attached to the letter. Come share your professional knowledge during fast-paced, facilitated discussions while making personal connections with other professionals. The CBA’s YLS invites members to a complimentary Attorney & Military Veteran Speed Networking Event on December 5, from 6:00-8:00 p.m., at Amata Law Office Suites, 77 W. Wacker, Suite 4500, Chicago, IL. After networking, enjoy complimentary drinks and appetizers and continue to connect with others. RSVP at www.chicagobar. org/cle or call 312/554-2056. While this is a complimentary event, we encourage all attendees to make a contribution to Kids Attorney & Military Veteran Speed Networking Event

By Sharon Nolan CBA Marketing Director B efore we turn the page on 2018, join CBA members in celebrating the holiday season at a December special event: Special CBA Symphony Orchestra and Chorus Holiday Concert to Sparkle and Delight The CBA’s Symphony Orchestra and CBA Chorus will get you in the holiday spirit on Wednesday, December 19, 2018, 7:30 p.m. at the St. James Cathedral (Wabash at Huron). Conductors Stephen Blackwelder and Marek Rachelski will lead the groups in holiday classics and other festive music in a delightful one hour program perfect for the season. Tickets are $12 in advance and $20 at door. Purchase at https://holidaysparkle. bpt.me.

The CBA Young Lawyer Section invites Section members to celebrate the holidays on Thursday, December 13, 2018, 5:30- 7:30 p.m., at the law firm of Clark Hill, 130 E. Randolph, Suite 3900. Compli- mentary libations and appetizers will be served. Space is limited, RSVP at www.chi- cagobar.org/chicagobar/2018YLSHoliday. Special thanks to our sponsors: Clark Hill, Exponent and Chicago Title. Alliance for Women Invites Members to Gather and Celebrate Celebrate and be merry with the CBA Alliance for Women at its annual holiday gathering on December 6. Join the AFW from 5:30-7:30 p.m. at Aronberg Goldgehn, 330 N. Wacker Dr., Suite 1700. RSVP to kfox@agdglaw.com by December 3. Special thanks to our sponsors: Aronberg Goldgehn, IICLE, LexisNexis, Trunkett &Trunkett PC, TSG Reporting and Baumann & Shuldiner.

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10 NOVEMBER 2018

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FERGUSON’S FAULT LINES–AND CHICAGO’S Bias and the Problems that Plague Urban America

By Katie Liss and Clare McMahon CBA Record Editorial Board “There is a rhythm to the destruction of black lives by American law enforcement. Each death or episode of brutality strikes at the core of our humanity–a vicious and tragically familiar downbeat. Next is the incendiary cocktail of emotion–anger, sadness, outrage, guilt, and fantasies of retribution. The burst of emotion transitions into exhaustion amid a crescendo of cries for justice. These calls rarely elicit a meaningful response, but instead are routinely met with deflections, or an effort to blame the victim, or worse yet, a deafening silence–a long pause that yields to a familiar lamentation to systemic inaction, a begrudg- ing, tacit acceptance of the status quo, and a swelling sense of racial resentment. Then the universe delivers another downbeat, and the cycle begins anew.” –F erguson’s Fault Lines: the Race Quake That Rocked a Nation J ustice Michael B. Hyman and Nina Fain of the CBA Record Editorial Board invited Professor Kimberly Norwood, a Professor of Law at Wash- ington University School of Law in Saint Louis, to speak on October 16th as part of the CBA’s Signature Series. Professor Nor- wood gave a chilling presentation on racial issues in America, using the well-known police killing of unarmed eighteen year old Michael Brown, in Ferguson, Missouri, in broad daylight in 2014, to highlight the systemic racial issues in America. She tied this tragedy to other historical tragedies, shedding light on a pattern that many of us do not otherwise see. Professor Norwood’s breadth of knowl- edge on the disparities in law enforce- ment, social conditions, and economic

Author Kimberly Norwood spoke and signed copies of her book, Ferguson’s Fault Lines. Photo by Sally Daly.

creating shortcuts to help us digest infor- mation efficiently. However, when these biases cause discriminatory outcomes, it creates a problem within our society. As panelist and Chairman of the ABA Sec- tion of State and Local Government Law Ronald Kramer of Seyfarth Shaw fittingly said, people will lose trust in the judicial system if they think a bias exists. Professor Norwood argues that it does unfortunately exist and therefore needs to be addressed. As we all know, faith in the judicial system is a necessary pillar for a healthy and robust nation. This is an issue of enormous pro- portions, for all of us. Professor Norwood urges us–as attor- neys, judges, and academics–to be com- mitted to uncovering our own biases, to encourage diversity within our profes- sion and to talk about these issues. She discussed mandatory courses and longer

and political policies disproportionately impacting Black and Brown people in America is staggering. Her thesis is that little has changed in 150 years. People of color continue to be in similar positions as they were post-ratification of the 14th Amendment as well as 50 years after the assassination of Dr. Martin Luther King Jr., the passage of the Fair Housing Act, and completion of the National Advisory Commission on Civil Disorders report. Professor Norwood’s ability to explain and demonstrate this conclusion with facts and examples is compelling. Everyone Has Biases Biases help us function and protect us by

12 NOVEMBER 2018

CLE’s on the manifestation of discrimina- tion in our profession. Less than 5% of all American attorneys are Black. Disability does not equal unqualified, yet disabled people are the number one unemployed group in America. Professor Norwood addressed the dispar- ity of education in our country. Not just in what is learned, but where children learn. In some schools located in poor communities, the condition are horrific. Some schools are unclean, contain no books, have rats, and even lack basic light- ing. She provided photographs of schools with mushrooms and mold growing from the walls, rusting rotting pipes exposed in bathrooms, and discussed schools without adequate heat or air conditioning–all conditions that curtail a child’s ability to learn. The professor discussed the issue of underfunded predominately black schools just passing students, without regard for absorption of material, including providing students with high school diplomas that are unable to read above a third grade level. But even in good schools, the uncon- scious bias creates a systemic racism issue. For example, a school in Ohio issues sus- pensions for wearing Afro puffs, a style that, in straight hair, is acceptable. That same school also prohibited hair stylings that are common among black students because of the natural way their hair grows. The Unconscious Racial Bias of the Criminal Justice System The school to prison pipeline is real. Panel- ist Maryam Ahmad (Chief of the Juvenile Justice Bureau for the Cook County State’s Attorney’s Office) discussed the results of the American Psychological Association 2014 study indicating that law enforcement frequently miscategorizes black 13 year olds as adults. Prof. Norwood suggested improv- ing the hiring process and better training may mitigate this, as well as other policing issues. Officers also need more involvement in communities they patrol, allowing them to effectively serve. Police need to get out of their cars, walk the streets, know and befriend the community members, creat- The Disparity of Education Among Americans

AAA MEMBERSHIP AND DISCOUNTS CBA members now can save 20% on AAA memberships and you may be able to qualify for additional discounts on your home and auto policies. If you are already a AAA member, you will receive the

discount upon renewal. For more information, call Debra Wiese 217/398-3621 ext.514, or email at djwiese@aaachicago.com. Or, fax the CBAMember Form to 217/398-0170. Please be sure tomention that you are a member of Chicago Bar Association to receive your discount.

ing the tools necessary to approach the community effectively and with respect. Tragedies like Ferguson create deep seated generational mistrust of police officers; time and patience is needed to rebuild the trust and police officers willing to put in the time and effort doing it are required. Prof. Norwood discussed a Stanford study, finding that the darker one’s skin, the wider one’s nose, and the kinkier one’s hair (the more “black” someone looks) increases the risk of being stopped and frisked, arrested, and convicted. A simple example of this is how recreational drug use is equally widespread among white Americans and black Americans, but arrests and incarcerations for nonviolent drug offenses are substantially greater for black populations. Rules are different for black people than for white people. But this is not just a policing issue. Sta- tistically, sentencing for black defendants is harsher than for white defendants, an issue that should be especially concerning to the Bar. Black children are much more likely than white children to be tried as adults. The implications of this are profound, both for the individual and the community. Prompted by Panelist Adam Sheppard (a criminal lawyer with Sheppard Law Firm P.C.) Professor Norwood recom- mends every court use the ABA resolu- tion on implicit bias jury instruction. Currently, the instructions are used when race is relevant; however, in light of the issues with unconscious bias, those jury instructions are not used enough. What Can Be Done Do To Address These Fault Lines? Panelist and CBA President Steven Elrod (Holland & Knight) expressed the zeit-

Important Dues Billing Reminders

geist of the audience; we were enraged, engaged, and provoked. He called upon us to act individually and collectively and spoke of future series and programs to come to investigate and create solutions to this systemic issue. Change cannot happen without dialogue; change cannot happen without a changing of hearts. If you have any questions regarding your dues state- ment, email billing@chicagobar.org or call 312/554- 2020. CBAmembership is animportantinvestmentin yourprofessionalandpersonalgrowth.Weencourage you to renew, thank you for your support and look forward to serving you in the new bar year. –Annual Dues. In our ongoing effort to reduce administrative expenses and keep dues at the current level, the CBA has an annual billing cycle. –Dues Auto Pay. Spread your dues payments throughout the year by signing up for the Dues Auto Pay Plan which allows you to pay your dues automatically on a monthly, quarterly, semi-annual or annual basis at no extra cost via automatic credit/ debit card charges. –Reduced Dues for Financial Hardships. Unem- ployed members and those with financial hardships may request our reduced annual dues rate of $50. –eStatement. Receive your CBA bills by email only and save time, postage and the environment. –BillingStatement. TheCBA’sstatementallowsyou to choose any or all of the above options and add in yourownlevelofcontributionstotheBarFoundation/ Legal Aid Fund and the CBA Building Fund.

CBA RECORD 13

CBA RECOGNIZES 83 MEMBERS FOR REACHING 50-YEAR MILESTONE The CBA Celebrates the Class of 1968

A warm congratulations and thank you to the members recognized for their 50-year relationship with the Chicago Bar Association. This wonderful group was honored at a Standard Club luncheon hosted by CBA President Steven Elrod, who thanked them for their steadfast commitment and dedication to the legal profession and the CBA. 50-Yearmemberswho attended the luncheon included (Row1, L-R): Michael D. Leroy, Chester Przybylo, Alan H. Hammerman, John R. Garofalo, (Row 2, L-R): R. Thomas Howell Jr., Stanley J. Adelman, George M. Covington, L. Edward Bryant Jr., Stephen N. Engberg, Arthur M. Martin, (Row 3, L-R): Stewart H. Diamond, Judge Sophia H. Hall, Terrell J. Isselhard, Jeffrey W. Horwitz, Richard Rappaport, Robert A. Creamer, Judge Roger G Fein, (Row 4, L-R): Judge Allen S. Goldberg, Theodore A. Sinars, David B. Schappi, Jerry Sparks, Barry L. Gordon, Mitchell F. Asher, Edmund P. Boland, Patrick T. Driscoll Jr., John J. George, (Row 5, L-R): Joel A. Haber, Ronald Futterman, KennethY. Geman, Morris G. Dyner, Robert I. Briskman, Judge James H. Williams, Edward A. Williams, Emery J. Homor, (Row 6, L-R): CBA President Steven M. Elrod, CBA 2nd Vice President Maryam Ahmad, CBA Executive Director Terrence M. Murphy, and CBA Assistant Executive Director Beth McMeen. Photo by Bill Richert.

By Daniel A. Cotter CBA Record Editorial Board I n 1968, the President of the United States was Lyndon B. Johnson, his Vice President was Hubert Humphrey, and the United States population was just over 200 million. The average cost of a new home was $14,950, a gallon of gas cost $.34, and a dozen eggs cost $.53. The year was also a turbulent one, with the assassina- tions of Martin Luther King, Jr. and Robert Kennedy, and the Democratic National Convention in Chicago saw violence. That same year, 83 men and women joined The Chicago Bar Association and renewed their memberships over the next 50 years. The

that 50 years sounds like a long time, a half century, and that every day she has an increased appreciation. She wanted to be a lawyer since she was a 10-year-old and has enjoyed the opportunity to serve and for leadership. She noted that the group has done much and set many precedents, including when she became the first female presiding judge in the early 1990s for the juvenile court. Howell jokingly opened by noting that Murphy asked him to speak a few words at a “luncheon for old people.” When Howell, a young lawyer, went inhouse to

CBA recently held a luncheon to honor the 50 year-milestone of this amazing class, one of the largest 50 th anniversary classes that The CBA has seen to date. After welcoming comments from CBA President Steve Elrod and a preview of the 2018 Bar Show by several cast members, who sang the show favorites “I Remember It Well” and “The Junior Partner,” attend- ees heard from two of the members of the Class of 1968–Judge Sophia H. Hall and R. Thomas Howell, Jr. Howell is a past YLS Chair and past President of The Chicago Bar Foundation. Judge Hall remarked

14 NOVEMBER 2018

SHARE YOUR VOICE TALENT THIS HOLIDAY SEASON The CBA Chorus invites everyone who enjoys singing to join the Chorus for a Holiday Concert on the evening of Wednesday, December 19, at the St. James Cathedral (at Huron &Wells). The music is gorgeous and perfect for singers from occasional to professional. In addition to many traditional songs, the groupwill sing two parts of Handel’s Messiah. Rehearsals will be held onWednesday evenings startingNovember 14. Do not be shy and do not worry if you must miss a rehearsal.This event is for fun and the joy of the holiday season. For more information, contact CBA Chorus leaders Terry Kennedy (tkennedy@kennedy- taxappeals.com) or Jennifer Widmer (jennifer. widmer@sbcglobal.net).

The 2018 50th anniversary class includes many of the leaders of our legal community over the last half century. Some other notables besides the two keynote speakers are:

• Judge Paul P. Biebel, Jr., Presiding Judge of Criminal Division from 2001 to 2015.

• Stewart H. Diamond, a founding member of the 40-attorney Ancel Glink law firm.

• Judge Roger G. Fein, Judge of the Circuit Court of Cook County from 2003 until 2016. Retired as Chief of the Civil Division of the Second Municipal District.

• Judge Allen S. Goldberg, helped create the Circuit Court of Cook County mediation program.

• Barry L. Gordon, served as a long-timemember of theTV Committee, including several times as chair of the committee.

• Joel A. Haber, Managing Partner of FagelHaber LLC.

• Warren Lupel, accomplished litigator and trial attorney who has represented clients involving profes- sional responsibility and ethics.

• Judge James H.Williams, served a Circuit Court of Cook County judge from1987 until retiring in 1999.

Quaker Oats, he became involved in the Association and noted one of his biggest contributions to the Association was being asked to serve on a search committee to hire a new Executive Director. That search led to a young man named Terry Murphy becoming our leader. The Chicago Bar Association congratu- lates this latest 50-year anniversary class on reaching this amazing milestone and pays honor to their contributions to the law and their personal achievements over the last five decades. Members ofThe CBA such as those in this class have made the Chicago legal community one of the strongest in the nation, and we thank them for setting a fine example of what belonging to The CBA and contributing to the legal com- munity mean. PRACTICE AREA UPDATES The CBA is pleased to partner with CBA News- stand by Lexology, a daily email that provides valuable and free practical know how.Learn more at www.chicagobar.org/newsstand.

ATTENTION LAW STUDENT MEMBERS For only $12/year, there is no better way to jump-start your legal career. Law studentmember-

ship offers you many ways to learn about the actual practice of law through free seminars,

networking events, practice area committee meetings, career resources, and more. Learn

what they don’t teach you in law school! Call Kayla Bryan at 312/554-2135 or email kbryan@

chicagobar.org for more information.

Get expert perspectives on the probe into Russian electionmeddling fromyour very own CBAmembers in the latest edition of“CBATV–ChicagoTalks.”The show features CBAmembers Michael Alkaraki,TomBreen and Renato Mariotti, who offer an overview of the structure of the U.S. investigation into government interference with the 2016 presidential election, links between President Donald Trump’s campaign and

the Russian government, and other related matters. View the video at https://youtu.be/VBPprJqyvFY.

CBA RECORD 15

DISCOUNTED PARKING AVAILABLE NEAR CBA BUILDING CBA members can park for just $9 for up to 12 hours at the 75 W. Harrison parking garage (enter off Harrison, between Clark and Federal Streets) Monday through Friday for up to 12 hours (enter anytime but must be out by midnight). Just a 6 minute walk from the CBA Building, 321 S. Plymouth Ct., Chicago. The garage is fully heated with covered parking and valet service. To receive the discounted rate, enter at 75. W Harrison and push the button at the entry sta- tion. You will receive 3 tickets (one to validate at the CBA for discounted rate, two for the valet attendants). Be sure to take your parking ticket with you for validation in the CBA Build- ing lobby. Ticket must be validated at the CBA to receive the discounted rate! Upon returning to the garage, hand your valet ticket to the at- tendant to retrieve your vehicle then insert your validated parking ticket into the pay station. Pay with cash or any major credit card. The pay station will return your paid ticket to you. Once the attendant retrieves your vehicle, insert your paid ticket into the exit station to lift the gate and exit. To pay online for daily parking, go to www.75wharrison.com, select “Daily Parking,” enter PROMO CODE: PARKS321 at checkout. Monthly parking also available for $260 per month including 24/7 access with in and out privileges ( a one-time transponder activation fee of $25 applies with first payment). For more info, email info@75wharrison.com or call 312/494-9135. 2019 ATTORNEYS DIARY NOW ON SALE IN CBA BOOKSTORE The 2019 edition of the CBA’s hard copy leather bound attorneys diary is now on sale in the CBA Bookstore for $23.51 (member price includes tax). A Diary Order Form is included in this issue. The bookstore is openMonday-Friday from9:00 am-4:30 pm. Copies may also be ordered and mailed out for an additional $7.95. Call 312/554-2130 for more information.

CBA Sponsors Interfaith Meeting on Criminal Justice Reform. The Chicago Bar Association recently convened a meeting between interfaith leaders and the chief judges of the U.S. District Court for Northern Illinois and the Circuit Court of Cook County to discuss criminal justice reform and steps the courts are taking to reach out to Chicago communities impacted by crime and violence. District Court Chief Judge Ruben Castillo and Circuit Court Chief Judge Timothy Evans provided information about policies and programming in their respective court systems designed to provide rehabilitative programming, pro bono legal services and alternatives to incarceration. The event was held at the New Covenant Missionary Baptist Church in Chicago’s Chatham community. Pictured attending the event are (left to right) District Court Judge Sharon Johnson Coleman, Circuit Court Presiding Judge Tommy Brewer, CBA Executive Director Terry Murphy, CBA Past President and Circuit Court Judge Thomas Mulroy, Judge Castillo, Judge Evans, CBA President Steven Elrod and CBA SecondVice President MaryamAhmad, who organized the event.

The YLS and CBF held the 25th Annual Pro Bono & Community Service Fair at the law firm of Skadden, Arps, Slate, Meagher & Flom LLP on the evening of October 25, 2018. More than 300 were in attendance at this great event, which enablesmembers of the legal community to connect with representatives from40+ of Chicago’s legal aid, pro bono, community service andmentoring organizations to find volunteer opportunities.

16 NOVEMBER 2018

Eight O’Clock Call Supplemental Proceedings in the Circuit Court of Cook County Thursday, December 6, 2018 8:00-8:45 a.m. Courtroom 1307 - Richard J. Daley Center 50 W. Washington, Chicago, IL 60602

Members Free • Nonmember $25 0.75 IL MCLE Credit Register at www.chicagobar.org/cle or 312-554-2056.

The Eight O’Clock Call is a forum designed to bring together lawyers and judges in a casual setting for an informal question and answer session. Judges will field questions on their careers, their court calls and their personal experiences as judges. Guest judges can not answer questions related to any specific case. Welcome/Moderator: Hon. E. Kenneth Wright, Jr., Presiding Judge, 1st Municipal District, Circuit Court of Cook County Panelists: Hon. Patrick Heneghan , Municipal Department, District 1 - Post Judgement and Miscellaneous Remedies, Circuit Court of Cook County

Nicholas J. Frisone , Heller and Frisone, Ltd. Ashlee Highland , Supervising Attorney, CARPLS Robert G. Markoff , Markoff Law LLC

CLE & MEMBER NEWS Free Membership and Free CLE for New Admittees

The CBA is your local spot for MCLE

To view live committee meeting web- casts, go to www.chicagobar.org, Com- mittees, UpcomingMeetings and click on the committee meeting webcast link to begin the meeting. You must access the meeting online by the start time in order to view the livemeeting. At themeeting’s completion, an attendance verification question will appear on your screen. The amount of Illinois MCLE credit available for a committee meeting is determined after the meeting based on the presenta- tion length (most meetings qualify for about 1 hour of credit). Your MCLE credit for attending the meeting will appear on our online MCLE Credit Tracker approxi- mately 10 business days after themeeting. Archived committee meetings webcasts can be accessed by visiting the Commit- tee Pages. Select the committee you are interested in and then click “Events” on their homepage to see all related commit- tee meetings and seminars. Please note, archived committee meeting webcasts are not eligible for MCLE Credit. Illinois MCLE credit required within their first year. Additional benefits include participation in free noon hour practice area committee meetings and webcasts, one on one career counseling resources, networking events, leadership and pro bono opportunities to enhance resumes and much more. If you know a new lawyer who has not yet activated his or her complimentary membership, please encourage them to do so by calling the CBA’s Membership Department at 312/554-2135. The CBA sends its heartiest congratu- lations and best wishes for a successful career in the law.

Register for a Seminar Today 312/554-2056 www.chicagobar.org

D id you know you can earn free IL MCLE credit by attending CBA and YLS committee meetings in person? Now you can also do so without leaving your office or home through our live committee meeting webcasts. Over 120 committees meet on a monthly basis at the CBA during the noon hour and all committee meetings are free! Approximately 40 meetings/month are currently being webcast with more to come. Members may attend anymeeting they choose-you do not have to be on a committee roster to attend its meetings. Detailed committee speaker, topic, MCLE credit andwebcast information can found at www.chicagobar.org under Commit- tees, Upcoming Meetings. It can also be found on the weekly eBulletin which is emailed every Thursday to all members who have given us their email address. If you are not receiving the ebulletin, please send your name and email address to info@chicagobar.org or update your proile at www.chicagobar.org. O n November 8, approximately 1300 new attorneys were admit- ted to practice law in the Sate of Illinois. CBA President Steve Elrod was on hand to congratulate and welcome the new admittees who took their oath in the First District. To help introduce the new admitttees to the legal profession, the CBA offers an 18 month complimentary membership which includes the 6 hour Basic Skills Course and the additional 9 hours of

Enhance Your Resume, Expand Your Contacts, Make New Friends B y gettingmore involved in the CBA, you can raise your profile in Chicago’s legal community andmeet other lawyers whose paths you may have never crossed. Even a small time commitment can reap big rewards. These are just a few examples of speaking, networking, leadership and other opportunities available through your CBA mem- bership. –Speak at a seminar, committee meeting or community event –Write an article for the CBA Record –Become a legislative liaison –Evaluate judges through the CBA's Judicial Evaluation Committee –Volunteer for a pro bono project –Help out at a YLS community out- reach project –Do something fun...play in the CBA Symphony, sing in the CBA Chorus, perform in Christmas Spirits (the CBAholiday show), or help produce a legal cable TV show For more information on these opportunities or to learn how to become more involved in the CBA, contact Karen Stanton, CBA Mem- bership Director at 312/554-2131 or kstanton@chicagobar.org.

Free Committee Meeting Webcasts–Earn Free MCLE Credit Without Leaving Your Office or Home!

18 NOVEMBER 2018

Savings and more!

The Chicago Bar Association

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