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Practice News

Justice Mary Jane Theis and the Illinois Supreme Court have announced the appointment of Gerald V. Cleary as a Cook County Circuit Judge in the 10th Subcircuit.

Judge Cleary was appointed to fill the vacancy created by the retirement of Donald J. Suriano, who is retiring on Nov. 2, 2016.

The appointment takes effect Nov. 3, 2016 and will terminate on Dec. 3, 2018, when the position will be filled by the 2018 General Election.

Our panel of leading appellate attorneys review Thursdays's Illinois Supreme Court opinions in the Civil case Carney v. Union Pacific R.R. Co. and the criminal cases People v. Jones and People v. Minnis.


Carney v. Union Pacific R.R. Co.

By Michael T. Reagan, Law Offices of Michael T. Reagan

In affirming the circuit court’s grant of summary judgment to the defendant Union Pacific, and reversing the appellate court, which had decided this case with a Rule 23 Order, the supreme court significantly examined three sections of the Restatement (Second) of Torts which are frequently invoked in cases involving injuries during construction.  Justice Theis wrote for the court.  Justice Kilbride dissented.

Illinois elder law attorney Kerry Peck discusses what you should know about temporary guardianship.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. Our firm is a fourteen attorney firm in Orlando, Florida. We have Two equity members, five non-equity members, and seven associates. We are currently managed by the managing member. In order to be more inclusive we are thinking about eliminating the managing member position and moving to a three member executive committee with one of the three members being a non-equity member. I would appreciate your thoughts?

The Uniform Bar Examination (UBE) is a multistate bar examination prepared by the National Conference of Bar Examiners, which has been adopted in 24 states and the District of Columbia. Administered over two days, the UBE consists of: (a) the Multistate Bar Examination (MBE) - a 200- question multiple-choice test; (b) the Multistate Essay Examination (MEE) - six essay questions on general principles of law; and (c) the Multistate Performance Test (MPT) - two hypothetical legal assignments requiring examinees to complete the tasks in writing. Persons who take the UBE receive a portable score, which, if high enough, will be accepted by any UBE jurisdiction as a passing score on its bar exam for a specific time period.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the firm administrator for a small personal injury five attorney practice in Des Moines, Iowa. The firm's owner is approaching retirement and is planning on approaching other law firms regarding sale of the practice or merger. He has asked me for reports in order that we can value the practice. QuickBooks is the only software that we use. What reports should I use to establish a value for the practice?

Celebrate Pro Bono Week October 24-28 with various programs and events across the state.

By Michael G. Bergmann

Coordinated by the American Bar Association’s Standing Committee on Pro Bono and Public Service, Pro Bono Week is intended to inspire even greater pro bono participation by lawyers throughout the nation. This initiative provides an opportunity for legal organizations across the country to collaboratively commemorate the vitally important contributions of America’s lawyers and to recruit and train the many additional volunteers required to meet the growing demand. The Standing Committee on Pro Bono and Public Service undertook this initiative to provide a format for showcasing the incredible difference that pro bono lawyers make to our nation, to our system of justice, to our communities and, most of all, to the clients they serve. For more information, visit

Nominations due by February 1!

By Russell W. Hartigan, President-Elect

Looking for a chance to lead? To grow? To make a difference in the Illinois State Bar Association and the legal profession? Then consider nominating yourself for one of our many section councils and committees for 2017-18.

As president-elect, it's my privilege to make appointments to section councils and committees for the coming fiscal year. These small but influential groups are the lifeblood of the ISBA. They produce newsletters and CLE programs, propose legislation and rules, and help ISBA serve and protect its members in countless ways.

Chief Circuit Judge Kathryn E. Creswell is pleased to announce that following an October 6, 2016 meeting of the Circuit Judges of the Eighteenth Judicial Circuit Court, two finalists for the Office of Associate Judge have been selected and certified to the Illinois Supreme Court. The finalists are seeking to fill the vacancy created by the appointment of Associate Judge Karen M. Wilson to Circuit Judge. From these names, the Circuit Judges will select one appointee by secret ballot.

The Illinois Supreme Court has adopted a new rule and amended another to address the use of restraints on a minor in delinquency proceedings arising under the Juvenile Court Act of 1987.

The new rule and rule changes take effect November 1, 2016.

New Supreme Court Rule 943 (Use of Restraints on a Minor in Delinquency Proceedings Arising Under the Juvenile Court Act) provides that instruments of restraint shall not be used on a minor during a court proceeding unless the court finds, after a hearing, that such restraints are necessary to prevent physical harm to the minor or another, the minor has a history of disruptive behavior that presents a risk of harm, or there is a well-founded belief that the minor presents a substantial flight risk. Amendments were also adopted to Rule 941 to state that the rules in Article IX apply to all juvenile delinquency proceedings filed under Article V of the Juvenile Court Act of 1987.