Winter CLE Fest Schedule

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Joint Midyear Meeting

December 11 - 13, 2008

Winter CLE Fest

December 11 - 12, 2008

Sheraton Chicago
Hotel & Towers
Chicago, IL

Deadlines

Advance Registration for Joint Midyear Meeting: 4:30 PM, December 4, 2008

Advance Registration for Winter CLE Fest: December 7, 2008

Choose from 30 hours of CLE programming to earn up to 12 hours of CLE. Each session is credited for 2 hours MCLE credit. Professional Responsibility credit, if indicated, is subject to review.

The more credit you earn, the more you save! Register now

You may register for one program per session.

Thursday, December 11

8:30 – 10:40 a.m.* – Session 1 – 2.0 hours MCLE credit

(*includes 10 minute break)

(Program A-1) New Laws for 2008 and 2009
Presented by the ISBA Standing Committee on Legislation

This hot topic program will provide an overview of the new laws recently passed by the Illinois General Assembly, including many laws which take effect January 1, 2009.  The session will focus on the following substantive law topics:

  • Real Estate and Probate
    John Brechin, Law Offices of John H. Brechin, Addison
  • Family Law
    Hon. Adrienne Albrecht, Kankakee County, Kankakee
  • Local Government Issues
    John Brechin
  • Civil Procedure
    Karen Enright, Winters Enright Salzetti & O'Brien LLC, Chicago
  • Criminal Law and Juvenile Justice
    Stephen W. Baker, Attorney, Oak Forest
  • Other Late Developments
    Margaret C. Benson, Chicago Volunteer Legal Services, Chicago

(Program B-1)  What You Need to Know About Consular Notification
Presented by the ISBA International & Immigration Law Section
Co-sponsored by the ISBA Criminal Justice Section, Child Law Section, Family Law Section, and Human Rights Section

  • Overview of the Treaty Law of Consular Relations
    This discussion will provide a brief introduction to the U.S. and international law of consular relations, including the Vienna Convention on Consular Relations and U.S. bilateral treaties, with a focus on consular notification issues.
    Mark Wojcik,
    John Marshall Law School, Chicago
  • Why is Consular Notification Important?  
    In this presentation, the speaker will explain why consular notification is important, what kinds of assistance they provide foreign nationals, and how they can be contacted.
    Ioana Navarette Pellicier,
    Mexican Consulate, Chicago
  • Recent Court Decisions Regarding Consular Notification   
    This part of the program will provide a summary of recent decisions by Illinois and federal courts involving consular notification issues, including the U.S. Supreme Court’s March 2008 decision in Medellin v. Texas.  In particular, the discussion will focus on some of the legal issues pending in the courts that remain unresolved.
    Cindy G. Buys,
    Southern Illinois University School of Law, Carbondale
  • Pending Legislative and Regulatory Proposals Regarding Consular Notification
    Several proposed bills and rules are under consideration by the Illinois legislature and various other state bodies regarding better implementation of consular notification obligations.  This part of the program will survey those proposals, the need for each, how each would change current law and practice, and the pros and cons of each proposal.
    Cindy G. Buys
  • What Difference Can Consular Notification Make?
    For this segment, the speaker will discuss what kinds of assistance consulates might provide to a criminal defendant or an immigration detainee and will discuss some of the strategic decisions that must be made when defending a foreign national.
    Hon. Donald Bernardi, 11th Judicial Circuit, Bloomington
    Scott Pollock, Scott D. Pollock & Associates, Chicago

 11:00 a.m. – 1:10 p.m.* – Session 2 – 2.0 hours MCLE credit

(*includes 10 minute break)

(Program A-2) Employment Law for the General Practitioner – PMCLE Credit**
Presented by the ISBA Labor & Employment Law Section

  • Ethical Issues from the Defense Perspective
    During this presentation, the speaker will address whether to provide representation for individual employees sued along with the company, evaluation of indemnification clauses for individual employees, joint defense agreements -individual defendants with similar interests retain separate counsel, ethical issues and the internal company investigation, evaluation of whether to jointly represent individual defendants, employment practices liability insurance and attorney client relationship, communicating with non-party corporate employees, and Rules of Professional Responsibility 3.1, 3.6, 4.2, 4.4, 5.1.
    Michael Reagan, Esq.,
    Herbolsheimer, Lannon, Henson, Duncan & Reagan, Ottawa
  • Ethical Issues from Plaintiffs Perspective
    From the plaintiff’s point of view, the speaker will discuss ethical issues posed by investigating the claim and interviewing unrepresented persons - Model Rule 4.3, ethical issues posed by joint representation of multiple plaintiffs, ethical issues in withdrawing from one or more plaintiffs, potential conflicts of interest and drafting written waiver letters, communicating with defendant company’s employees and former employees, client retainers and written, contingent fee agreements, and Rule of Professional Responsibility 1.5 - the proposed amendments.
    Fern P. Wolf, Esq., Sowers & Wolf, LLC, St. Louis, MO

(Program B-2) Mini Seminar on Current Traffic Law – Part 1     
Presented by the ISBA Traffic Laws & Courts Section

  • Secretary of State Hearing Issues
    This will be a segment on Secretary of State hearing on reinstatement of driver’s license, restricted driving permit, graduated driver’s license, and the monitoring device permit (MDDP) in lieu of the Judicial Driving Permit.
    M. Christine Heins, Attorney, Murphysboro
    Ed Maloney, Ahern Maloney & Moran, Skokie
  • New MDDP Law, BAID (Breath Alcohol Interlock Device) & SCRAM (Secure Continuous Remote Alcohol Monitor)
    The speaker will explore how these alcohol-monitoring devices work and discuss the impact they have on the court system.
    Donald J. Ramsell,
    Ramsell & Associates, LLC, Wheaton

 2:30 – 4:40 p.m.* – Session 3 – 2.0 hours MCLE credit

(*includes 10 minute break)

(Program A-3) Employment Law for the General Practitioner HB 1509
Presented by the ISBA Labor & Employment Law Section

  • Overview of New Illinois Right To Sue Law
    Topics for this segment include the Illinois Human Rights Act and events that led to passage, the old statutory scheme for charges filed before January 1, 2008, the new statutory scheme for charges filed after January 1, 2008, time requirements under the new statutory scheme, dismissal for no substantial evidence - sue or request review, finding of substantial evidence - proceed to HRC or circuit court, no report issued within 365 days, and proposed amendments to the new Right To Sue law.
    Randall Schmidt, Esq., Mandel Legal Aid Clinic, Chicago
  • Planning Litigation Strategy Under the New System: Identifying and Evaluating the Issues
    For this presentation, the speaker will discuss the scope of representation issues under the new system. Topics will include the choice of forum considerations and right to sue letters; limited versus full discovery and e-discovery; individual defendants sued under the Illinois Human Rights Act, but not Title VII; the removal and remand of state court claims; whether to combine state and federal claims in one lawsuit; pleading - fact vs. notice and Twombly; pleading timeliness; planning to avoid the potential bar of res judicata; evaluating differences in damages and fee award calculations; and class actions under the Illinois Human Rights Act.
    Steve Balogh, Esq., Williams McCarthy, LLP, Rockford
    Randall Schmidt

(Program B-3) Mini Seminar on Current Traffic Law – Part 2    
Presented by the ISBA Traffic Laws & Courts Section

  • General Hot Topics & General Traffic Panel Discussion
    Juliet E. Boyd, Stasko & Boyd, LLC, Chicago
    Sean Brady, Mahoney, Silverman & Cross, LLC, Joliet
    Hon. Charles Burns, Chicago
  • Current/Updated Sentencing Provisions for DUI & Traffic
    Hon. Mark Dwyer, DuPage County, Wheaton
    Alan E. Jones, Alan E. Jones Attorney at Law, P.C., Waukegan
  • Legal Effects and Consequences of Immigration
    Eleni Wolfe, National Criminal Justice Center, Chicago

Friday, December 12

8:30 – 10:40 a.m.* – Session 4 – 2.0 hours MCLE credit

(*includes 10 minute break)

(Program A-4) Family Law Beyond Basics – Part 1 
Presented by the ISBA Family Law Section

  • Retirement Asset Division Tips and Practice
    This program will identify Qualified Domestic Relations Orders (QDRO) pitfalls and give updates on the latest retirement asset division including military retirement assets.  Plus, the speaker will give necessary steps for approval and language requirements for settlement acceptance, as well as judgment pitfalls to avoid.
    Elizabeth Wells, Schiller DuCanto and Fleck LLP, Chicago
  • The New Economy and Family Practice
    For this presentation, the speaker will address attorney fee protection in bankruptcy, tips on dealing with foreclosure, plunging asset value and bankruptcy in settlement and litigation.
    William Scott, Beck Houlihan and Scott, Wheaton
    Robin Miller, Attorney, Wheaton

(Program B-4) Criminal Law  “Constant Change”
Presented by the ISBA Criminal Section

  • Illinois Supreme Court and Legislative Update
    This topic will include an update on the U.S. Supreme Court and the Illinois Supreme Court cases. Also, there will be a presentation on recent legislation.
    Hon. Patrick J. Quinn, Illinois Appellate Court, Chicago
    Stephen W. Baker, Attorney, Oak Forest

(Program C-4) Effectively & Ethically Managing Clients with Mental Health and Substance Abuse Problems – Part 1 – *MCLE and PMCLE Credit subject to approval
Presented by the ISBA Standing Committee on Women & the Law
Co-sponsored by the Illinois Supreme Court Commission on Professionalism, the Standing Committee on Delivery of Legal Services and the General Practice Solo & Small Firm Section

  • Reducing Risks and Managing Mayhem: Recognizing and Managing Clients with Mental Health and Substance Abuse Problems
    Dr. Beth Wilner, a recognized expert in the area of “high conflict” relationships, will help practitioners and judges learn to spot clients and litigants who may have mental health and substance abuse issues.  She will then discuss the most effective ways of working with these types of clients, including a detailed list of available resources.  Finally, she will suggest practical strategies for addressing the issue with the client.
    Dr. Beth Wilner, Behavioral Psychology Associates P.C., Skokie
  • A View From the Bench
    Judges who handle a diverse range of calls, including criminal and civil law, will discuss their views on the issues created when litigants are struggling with mental health and substance abuse issues.
    Hon. Patrick E. McGann, Circuit Court of Cook County, Chicago
    Hon. Carla J. Alessio-Policandriotes, Will County Circuit Court, Joliet
    Hon. Jesse Reyes, Cook County Circuit Court, Chicago

11:00 a.m. – 1:10 p.m.* – Session 5 – 2.0 hours MCLE credit

(*includes 10 minute break)

(Program A-5) Family Law  Beyond Basics – Part 2
Presented by the ISBA Family Law Section

  • Latest Family Law Update
    A master litigator with his own pithy memorable style will present this family law update.  Enrico Mirabelli will give insight to the reasoning behind the opinions and the current trends of the high courts.
    Enrico Mirabelli, Nadler, Pritikin & Mirabelli, Chicago
  • Orders of Protection, Tactic or Truth?
    For this topic, the speaker will show how to defend or prove whether or not allegations surrounding an order of protection are true or not true.
    Thomas J. Kasper, Buxton & Kasper, Crystal Lake

(Program B-5) General Practice Update – Part 1
Presented by the ISBA General Practice Solo & Small Firm Section

  • Elder Law Update
    Donald A. LoBue, Attorney at Law, Springfield
  • Veterans’ Benefits Update
    Brian W. Morris, The John Marshall Law School, Chicago

(Program C-5) Managing Clients with Mental Health and Substance Abuse Problems – Part 2 * MCLE & PMCLE Credit subject to approval
Presented by the ISBA Standing Committee on Women & the Law
Co-sponsored by the Illinois Supreme Court Commission on Professionalism, the Standing Committee on Delivery of Legal Services and the General Practice Solo & Small Firm Section

  • Ethical Dilemmas:  When To Get Out, And What To Do If You Can’t
    The current chair of the Illinois Attorney Regulatory and Disciplinary Commission (ARDC) will discuss the specific ethical quandaries faced by attorneys and judges when working with clients with substance abuse and mental health problems.
    Benedict Schwarz, II, Chair, ARDC Commissioners, Law Office of Benedict Schwarz, West Dundee
  • The Lawyers’ Assistance Program: How to Help Yourself (Or Sometimes, Opposing Counsel)
    Susan Riegler, the Clinical Director of the Lawyers’ Assistance Program, will discuss the best ways for attorneys to protect their own health when dealing with clients with mental health and substance abuse issues.  She will also outline strategies for recognizing and dealing with circumstances in which attorneys themselves are struggling with these issues.
    Susan C. Riegler, M.S., Clinical Director, Lawyers’ Assistance Program (LAP), Chicago

2:30 – 4:40 p.m.* – Session 6 – 2.0 hours MCLE credit

(*includes 10 minute break)

(Program A-6) Family Law  Beyond Basics – Part 3 *PMCLE Credit
Presented by the ISBA Family Law Section

  • Lion & Lamb — Sophisticated Divorce Tax Issues
    Discussions during this presentation will be on tax planning and its impact on your client. Are you the lion or are you the lamb? Learn the issues before the impact.
    David Hopkins, Schiller DuCanto & Fleck, Chicago
  • Ethical Conundrums for the Family Law Practitioner
    For this topic, the speaker will identify and address ethical issues facing the family law practitioner from discovery to trial.
    Paulette Gray, The Gitlin Law Firm PC, Woodstock

(Program B-6) General Practice Update – Part 2
Presented by the ISBA General Practice Solo & Small Firm Section

  • State and Local Taxation Update
    Julie-April Montgomery, Illinois Department of Revenue, Chicago
  • Housing/Mortgage Update
    Prof. J. Damian Ortiz, The John Marshall Law School, Chicago

(Program C-6) Tax Aspects of Personal Injury Litigation
Presented by the ISBA Federal Taxation Section
Co-sponsored by the ISBA Workers' Compensation Law Section and the ISBA Tort Law Section

  • What Every Plaintiff’s Attorney Needs to Know Before Settlement or Judgment
    This program will examine tax issues affecting a personal injury settlement or judgment. The failure of the plaintiff’s lawyer to understand the requirements of Section 104 of the Internal Revenue Code could expose a meritorious personal injury settlement or judgment to federal income taxation in whole or in part.
    George E. Marifian, Mathis Marifian Richter & Grandy, Ltd., Belleville

*Professional Responsibility MCLE Credit Subject to Review

Register for Winter CLE Fest