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Page 1: On behalf of the 30,000+ lawyers Welcome. Me at the... · Corporation 618 New Law of Traffic Stops 624 Page 608 Making Your Practice ... our daily E-Clips bulletin containing the

I l l I n o I s s t a t e B a r a s s o c I a t I o n

We are pleased to present you with

6 Months of Free Membership in the ISBAupon the request of the ISBA Member/Sponsor

who presented you with this offer.

Your FREE 6 Months of ISBA Membershipwill begin once you complete our

Meet Me at the Bar New Member Information Form, found at www.isba.org/mmatb/form.

Please be sure to include your special code number* so that we can properly thank your ISBA Member/Sponsor!

* Your special code number will be given to you by your sponsor.If you received a USB drive bracelet, it will also be written on the bracelet.

On behalf of the 30,000+ lawyers of the Illinois State Bar Association,

Welcome.

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With Your ISBA Membership You Can…

PRACTICE MORE EFFICIENTLY & AFFORDABLY

Free Online Legal Research

All ISBA members receive free online legal research through Fastcase, provided by the ISBA & ISBA Mutual Insurance Company, which contains a comprehensive 50-state and federal caselaw database, including IL statutes and IL-based federal district court cases.

Tools to Help Market & Build Your PracticeISBA Members are entitled to a free or a premium (paid) listing on our IllinoisLawyerFinder service, which helps market and build your practice through online and telephone referrals. In addition to an aggressive billboard and advertising campaign to promote this service, the ISBA draws the public to this site by offering information about Illinois law and other consumer-friendly features.

The Benefit of Membership

“Whether you make it your primary online research tool or use it to supplement Westlaw or Lexis, Fastcase can save you money if you’re an ISBA member. Lots of it.”

Helen W. Gunnarsson / MeMber Since 1985

“… I learned how to use Fastcase, which is far easier to use than some of the competitor sites, and I love the fact that it’s a free ISBA member benefit.”

Michele Raven / MeMber Since 2009

Illinois State Bar Association& Wojdyla Advertising

2 col (3.792”) x 4” non-bleed

Advice from friends or information on the internet isn’t always accurate. But a professional consultation early on could save time and money later on.

LegalQuestions?

Ask an ISBA Lawyer30 MINUTES / $25

1-800-922-8757TOLLFREE

© 2009. Who’s on your side? Ask if your lawyer is a member of ISBA.

In 2009, nearly 8,000 referrals were made to ISBA members via the IllinoisLawyerFinder phone service alone! These referrals represented 27 different areas of law.

How are potential clients finding you?

Page 3: On behalf of the 30,000+ lawyers Welcome. Me at the... · Corporation 618 New Law of Traffic Stops 624 Page 608 Making Your Practice ... our daily E-Clips bulletin containing the

“I think E-Clips is a practical tool; I find myself checking it daily in order to get up-to-date in the latest case law.”

Jean Kenol / MeMber Since 2001

STAY ON TOP OF YOUR LEGAL EDUCATION

Fulfill your MCLE requirement affordably while learning about the newest practice techniques and state-specific substantive law information at our high-quality Law Ed seminars and conferences, like CLE Fest or the Solo & Small Firm Conference, or through the convenience of your own computer via online courses and other media options. Members always receive the best pricing on all CLE programs.

Last year ISBA Law Ed held 113 live courses on 83 different legal subject areas, with most of these now available in electronic formats. New live and electronic

programs are being added daily as well. Sign up for a program and find out why so many lawyers look to ISBA as their leader in CLE in Illinois.

winter 2009 / www.illinoislawyernow.com 1

3Lincoln’s Legacy program to kick off the Midyear Meeting.

7 Legal tech – Attorney Bryan Sims explains cloud computing and whether it is safe for lawyers.

14-15Courthouse photos – J. Steven Beckett on how local citizens saved a piece of Champaign County history.

iSBA Director of Legislative Affairs Jim Covington covers recent legislative developments . . . .5

Best Practice – top 10 cost- cutting strategies . . . . . . . . . .9

invitation to join iSBA committee or section; Animal Law section growing fast . . . . . . . . . . 10-11

new admittees – MCLe requirements, photos and advice . . . . . . . . . . . 12-13

CLe Calendar . . . . . . . . . 20-21

iSBA recognizes the 1959 Class of Senior Counsellors . . . . . . . . 22

WINTER 2009

illinois lawyer

nowQ u A r t e r LyVol. 1 • no. 2

A PuBLiCAtion of the iLLinoiS StAte BAr ASSoCiAtion

by Matthew Goetten

“…leaving today with apprehension and excitement. Miss my family already. Wondering what the next year will bring, why do we need so many lawyers, and what usefulness a small-county State’s Attorney will have to the Army in Afghanistan?”

Matthew J. Goetten Journal Entry, December 26, 2008

AfterninemonthsinAfghanistanthefirsttwoquestionswereaskedandanswered.Asforthelast,well…contactmychainofcommand. OnDecember26,2008, I saidgoodbye tomywifeand twochildrenandmystaffattheGreeneCountyState’sAttorney’sOffice.LaterthatdayIreportedtoFt.Benning,Ga.,tobedeployedtoAfghanistanwiththeIllinoisArmyNationalGuardinsupportofOperationEnduringFreedom.Aguardsmanfornearly10years,this–oneofthesinglelargestdeploymentsinIllinoishistory–wastobemyfirstdeploy-mentinsupportofcombatoperations.Ihadspentthepreviousyeartrainingwiththe33rdInfantryBrigadeCombatTeaminUrbana,Illinois,inpreparationformytransitionfromGreeneCountyState’sAttorneytoArmyJudgeAdvocate.ItwasajourneyIwouldmakewiththeassistanceofotherISBAmembers. Alexander theGreat,GenghisKhan, theBritishEmpire (three times), andmostrecently,theSovietUnion,eachwitharguablyoneofthegreatestarmiesknowntoman in there respectivemoments inhistory, eachbroke themselves on the ruggedterrainanddisjointedtribalaffiliationsinAfghanistan.MilitaryscholarswillnodoubtdifferintheirassessmentsofwhatmakestheUnitedStatescampaigndifferent–buthowmanylawyersdidAlexandertheGreathaveathisdisposal?HowmanyIllinoislawyers? Iamnotsureaboutthenumberoflawyersemployedbyanyofthosearmies,butIamnotgoingoutonalimbtosuggestthatzerowerelicensedinIllinois.Perhapsthereinliestheadvantage,atleastrecently.OK,thereareadmittedlyotheradvan-tagestobeingamemberofthegreatestmilitarytheworldhaseverknownbut…IwasdeployedwithateamofIllinoisLawyers.OurmissionwastoprovidelegalsupporttoTaskForcePhoenixcommandedbyBrigadierGeneralStevenHuber.Inall,ourlegalteamconsistedofsixCitizen-SoldierspracticingcivilianlawthroughoutIllinoisandafull-timeIllinoisGuardsmanfromSpringfield. Sowhatdoesasmall-countystate’sattorney,acollar-countyassistantstate’sattorney,aChampaignCountypublicdefender,aplaintiff’sattorneyfromtheMetroEast,alegalassistanceattorneyfromtheQuadCities,andafull-timeIllinoisGuardJudgeAdvocatedoinsupportofthebrigademissioninacombatzone?Theansweriseverything. With titlesand jobdescriptions includingclaims,operational law, internationallaw,military justice (think prosecution), legal assistance, fiscal law, contracts and

administrative law, theTask Force Phoenix legal teamperformed for theArmynearlyeverylegalfunctionperformedbymembersoftheISBA.Ofcourse,wedidsowhilearmedandinprotectivegear–anensembletheASAandIareadvocatingforprosecutorsinourrespectivecourts.TheIllinoislawyerstomyleftandtomyrightbroughtthebreadthoflegalknowledgeandthedepthofunderstandingtoservethebrigadeinthesediversesubjectareas. Myofficial title for the task forcewasChiefofAdministrativeLaw.Mydutiesincludedadvisingofficers investigatingmatters fromlossofmilitaryequipmenttocombatdeathsofU.S.Servicemenandwomen,andrecommendingactionsontheinvestigationstothecommand.Iadvisedthebasecommanderonfiscalandcontractissueseffectingthebaseoperations.Ireceivedaneducationinalllegalmattersnon-criminal.However,aswithanyposition,themajorityofmytimewasspentdoing“otherdutiesasassigned.” I was fortunate, due tomy criminal law background, to have an opportunityto assist Captain JanieMiller, aChampaignCounty PublicDefender, in court-martialingasoldieraccusedofreceivingkick-backsfromlocalnationalcontractorstothetuneofseveralhundredthousandU.S.dollars.CaptainMillerandI,both

the practice of law in a war zone

Greene County State’s Attorney Matt Goetten with the other members of his legal team in Afghanistan head home after a court martial at Bagram Air Base. Capt. Janie Miller (from left) was the trial counsel and is a public defender in Champaign County, Goetten, who operated as assistant trial counsel on the case, Pfc. olivia rivera, military justice paralegal, and Maurice Dale, also a paralegal.

(Contined on page 4)

I L L I N O I S B A R

JOURNALDecember 2009

The Magazine of Illinois LawyersVol. 97, No. 12 � www.isba.org

Illinois’ QTIP612Defending Both Officers and Corporation

618

New Law ofTraffic Stops624

Page 608

Making Your PracticeRoad-Ready

56pgIBJDec09.indd 589 11/13/09 11:55 AM

IllInoIs stateBar assocIatIon

Environmental Law for Non-Environmental Lawyers: Vol. IIThe Second Volume of ISBA’s Thumbnail Sketches for Attorneys Who Are Not Experts in Environmental Law

April 2009

Lisle A. Stalter, Editor

GAIN VALUABLE INFORMATION TO ENRICH YOUR LEGAL CAREER

The ISBA has many outstanding resources such as the award-winning Illinois Bar Journal magazine, our daily E-Clips bulletin containing the latest case digests from around the state, and our newest publication – Illinois Lawyer Now – both online (with multiple postings a day) and a quarterly periodical – which contains breaking news on legal and legislative happenings around Illinois, practice news, photo galleries, and more. Our Web site also provides a Practice Resource Center, where we’ve assembled articles, ethics opinions, and other tools on topics such as career development, marketing and business development, and file retention and management.

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By interacting with other members – either in person or virtually – you will not only increase your professional network (people you can call upon for advice or send and receive job referrals) but you will likely nurture new friendships that will last your entire career. Meet new members by attending a conference, joining a substantive law or practice setting section, participating in an e-mail discussion group or the ISBA MentorCenter, or by joining our social networking sites on Facebook and LinkedIn.

ACCESS MEMBERS-ONLY SERVICES & DISCOUNTS

ISBA Members can sign up for the members-only professional liability insurance plan provided by ISBA Mutual Insurance Company, owned by and for ISBA members. As a member, you can also take advantage of discounts on a wide range of services, including practice-related, personal and financial services, along with insurance programs and car rental businesses.

These are just a few of the many great benefits the ISBA provides.To learn more about these and other ISBA Member Benefits,

please visit www.isba.org/membership.

“…I benefitted from the (ISBA MentorCenter) mentoring relationship by having access to an experienced and successful attorney who would take my calls and offer his advice. Having a mentor allowed me to benefit from someone else’s experience, a luxury otherwise not available to me as a sole practitioner. ”

Michael J. DeMar / MeMber Since 2007

“Since my days in the ISBA Young Lawyers Division (YLD), I’ve become the chair of several legal organizations and Boards. I owe much of my success to the experience I gained through my participation in the ISBA… Most importantly, I met and married my husband while we served on the YLD Board!”

Hon. Diane Ward Winter / MeMber Since 1982

“…Network and get out there. These are the people you practice with, and these are the people you are going to think of for passing on business or offering a job.”

Gregg Garofalo / MeMber Since 1999

NETWORK AND BUILD PROFESSIONAL RELATIONSHIPS

Page 5: On behalf of the 30,000+ lawyers Welcome. Me at the... · Corporation 618 New Law of Traffic Stops 624 Page 608 Making Your Practice ... our daily E-Clips bulletin containing the

Getting Started

Your FREE 6 Months of ISBA Membership will begin once you complete our Meet Me at the Bar New Member Information Form,

found at www.isba.org/mmatb/form.

Once you have activated your FREE 6 month membership, we will send you an ISBA Membership ID number.

With this ID number you can sign-up for ISBA member benefits – like Fastcase; purchase ISBA books, CLE programs, and other products at member pricing;

and access members-only areas of our Website (www.isba.org).

You will also begin receiving the Illinois Bar Journal monthly magazine, the Illinois Lawyer Now Quarterly newsletter, and other ISBA mailings.

Some benefits – like E-Clips and the Illinois Lawyer Now Weekly bulletin – are only provided electronically, so be sure to include your e-mail address on the form.

Feel free to pass along this offer and code to any colleague* who is not currently a member of the ISBA so that they

can take advantage of this program as well. This offer is good through 2010.

* Eligibility Requirement: Only lawyers who are listed as “Active” with the ARDC, and who have not been a member of the ISBA within the last 2 years are eligible for this membership promotion.

If you have any questions about this membership offer, or about your ISBA membership in general, please contact

Ann Boucher at [email protected] or 800.252.8908.