CBA Record October 2016

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Y O U N G L A W Y E R S J O U R N A L
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
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 for information about
upcoming events.
The Chicago Bar Association & The Chicago Bar Foundation
2016 Pro Bono Week Oct 24-28
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
48 OCTOBER 2016
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.
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.
Oliver Khan is Co-Editor-in-Chief of the
YLS Journal and is a litigation associate at
Arnstein & Lehr LLP.