CBA Record

Y O U N G L A W Y E R S J O U R N A L

leading questions. Cross examinations should be short and sweet. After both par- ties rest, be prepared to give your closing argument as there will likely be no time to prepare. Awards and Bad Faith Though the arbitrator has two business days to render an award (Ill. S. Ct. R. 10), after closing arguments, the arbitrator will likely immediately rule for one party or another. Before leaving, the parties should submit a summary of the client’s legal fees incurred in connection with the arbitration since the stay of discovery. Cook Cnty. R. 25.9(8). Either party may also ask the arbitrator to certify that the other party participated in the arbitration in bad faith

for any of three reasons: refusal to attend the arbitration, refusal to participate in the arbitration, or some other action of bad faith, including the failure to submit documents under Cook County Rule 25.8. Cook Cnty. R. 25.12(a)-(c). The trial judge will later determine whether the facts warrant a finding of bad faith and may sanction a party up to $1,000. Cook Cnty. R. 25.12(d). Either party may reject the award “within seven business days after receiv- ing the notice of the award from the Administrator.” Cook Cnty. R. 25.11. But remember, the arbitration hearing is likely the only trial your client will get. Only 5% of arbitrations are rejected, and rejection requires a $750 filing fee. Cook Cnty. R.

YLS Volunteer Opportunities Wills for Heroes Program: The YLS’ Wills for Heroes Foundation provides essential estate planning documents free of charge to our na- tion’s veterans and first responders.The Chicago Bar Association’s Young Lawyers Section and Exelon have partnered with the national Wills for Heroes Foundation to offer this service in Chicago. At our events, volunteers attorneys, who need no experience, prepare basic Wills and powers of attorney for first responders and veterans and their spouses or partners. Visit www.chicagobar.org/yls for more information and to register for upcoming events. Serving Our Seniors: In 2009-10, the CBA helped the ABA to launch Serving Our Seniors. The programdesigned to assist young lawyers in providing low-income seniors with legal advice regarding the creation of basic estate plans, including powers of attorney for healthcare and property, living wills, and simple wills. Estate planning experience is not needed. Visit the Serving Our Seniors Committee page at www.chicagobar.org for information about upcoming events. 25.11(a). “If the party rejecting the award fails to obtain a better result at trial, the party rejecting the award must pay” the other side’s attorney fees as submitted to the arbitrator, if reasonable. Cook Cnty. R. 25.11(d). Regardless of the outcome, the parties will be back before the trial judge 180 days after the referral order (120 if expedited) for a case management hearing. Cook Cnty. R. 25.3(c). At that point, the case will continue before the trial court or the court will enter a judgment in accor- dance with the arbitration award. All the panelists agreed that, Cook County’s Mandatory Commercial Arbitra- tion Program is not only an expeditious way to take a case from filing to verdict, but presents an opportunity for newer lawyers to take a commercial case from start to finish.

My clients were good hard-working people. Initially, I was skeptical about representing them since I normally help people save their homes. But my clients, because their financial situation had changed, couldn’t afford their home anymore and wanted help just turning it over to the bank. So why didn’t they simply give it back? It’s never that simple. They’d been trying

for a year. Without an attorney, the bank ignored them. My involvement got the bank to open the door. Then, we were able to negotiate details, draft documents, and sign off on everything. Afterwards, my client told me that he felt that the weight of the world had been lifted off his shoulders.

Salvador J. Lopez Robson & Lopez LLC

Oliver Khan is Co-Editor-in-Chief of the YLS Journal and is a litigation associate at Arnstein & Lehr LLP.

The Chicago Bar Association & The Chicago Bar Foundation 2016 Pro Bono Week Oct 24-28 www.chicagobar.org/probonoweek

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