The Docket - August 2021

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 28 No. 8 • August 2021

LAKE COUNTY BAR

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Contents THE DOCKET • Vol. 28, No. 8 • August 2021

COLUMNS 2 President’s Page The “Sunday of Summer”

BY JOSEPH FUSZ, PRESIDENT

4 The Chief Judge’s Page A Tribute to a Good Guy

BY CHIEF JUDGE DIANE WINTER

A publication of the

6 Bar Foundation

Philanthropy and the Age of COVID

BY DOUGLAS DORANDO, PRESIDENT

300 Grand Avenue, Suite A Waukegan, Illinois 60085 (847) 244-3143 • Fax: (847) 244-8259 www.lakebar.org • info@lakebar.org THE DOCKET EDITORIAL COMMITTEE Jeffrey A. Berman,Co-Editor Hon. Charles D. Johnson,Co-Editor Jennifer C. Beeler Hon. Michael J. Fusz Hon. Daniel L. Jasica Sarah A. Kahn Kevin K. McCormick Hon. Raymond J. McKoski Stephen J. Rice Neal A. Simon Hon. ­­­James K. Simonian Rebecca J. Whitcombe Alex Zagor

LCBA EVENTS IFC 2021 LCBA Office Rental Pricing 3 New LCBA Members 3 Grapevine 3 Calendar of Events 8 2021-2022 Officers & Directors Installation 13 Lawyer Referral Service 14 Monthly Committee Meetings

10 Foundation Minutes 12 The Meeting Minutes June 24, 2021

BY DANIEL HODGKINSON, SECRETARY

STAFF Greg Weider Executive Director Jose Gonzalez Membership Coordinator Nancy Rodriguez Receptionist

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Reproduction in whole or part without permission is prohibited. The opinions and positions stated in signed material are those of the authors and not necessarily those of the Association or its members.

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The “Sunday of Summer”

S

omeone coined August as the “Sunday of Summer.” That unattributed quote is extremely accurate. The month of August always has been full of excitement and antici-

Joseph Fusz President Tara Devine First Vice President Katharine Hatch Second Vice President Kevin Berrill Treasurer Daniel Hodgkinson Secretary Hon. Patricia Cornell Immediate Past President Dwayne Douglas Hon. Jacquelyn Melius Craig Mandell Sarah Raisch Jeffrey O’Kelley Jeremy Harter

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pation for me, through all stages of my life. As a child, we always viewed August as an opportunity for the last gasp of summer before fall “began” in September.

The days were still long and hot; we were able to stay out late, ride our bikes, have squirt gun fights, and run around the neighborhood with our friends. By August, organized summer sports were over, school was still a few weeks away, and every day was a chance to enjoy the weather and have fun.

There was that sense of anticipation in returning for the new school year as well. We would see returning classmates that we had not seen in months, new friendships to make, different classrooms to visit and teachers at the school to interact with. For those reasons, August always symbolized “a new beginning” to me, since it came

The

President’s Page

with a familiarity but also a chance to head in a new direction. It wasn’t necessarily a fresh start, but it was an opportunity to do something different.

These feelings of excitement and anticipation with August didn’t change dramatically as I got older. In high school, August meant the end of summer jobs working at the mall, the golf course, or on the masonry crew, and the return of a new school year, with Friday night football games, Homecoming traditions, fall soccer and reunions with friends.

These same feelings went along with college at the University of Illinois and law school at Loyola University–New Orleans, after the first-year apprehension of unknown surroundings and new friends. Time and time again, August always brought back comfortable surroundings, familiar fac-

BY JOSEPH FUSZ PRESIDENT es and the opportunity to explore something new.

As an adult, the magic of August faded away for a time. Despite the return of my beloved Fighting Illini, the Chicago Bears and fantasy football, August didn’t bring the same sense of excitement and anticipation as it used to for me.

Other than two trips, one to Brazil and one to Portugal to see my family, for years there wasn’t much exciting ever going on in August.

Working inside of an office in Waukegan and Chicago never gave you much time to enjoy the weather during the week, and the month didn’t arrive with a brandnew group of coworkers, or with friends you hadn’t seen in weeks. For several years, while I would still have the initial reaction that “a new year” was starting in August, it quickly succumbed to the reality of adult life and the cynicism that

comes with age.

Fortunately, children often help us to change. To quote a Brazilian actress from a cinematic masterpiece (Deadpool 2), “Kids give us a chance to be better than we used to be.”

My kids love everything about the summer: the hot and humid weather, the grilled dinners, the gritty sandboxes, the endless water balloon fights, and the stickiness of the popsicles and ice cream cones.

They complain that they are going to bed when it is still light out, and they talk nonstop about their experiences at summer camp.

Moreover, the anticipation for the new school year has returned as well. My kids are nervous about new classrooms in school this month and potentially riding the dreaded school bus, but are also excited for the purchase of school supplies and new shoes, and seeing their friends in person again. They brought back the magic of August for me, and once again it is a month full of anticipation and excitement in my life.

For our Lake County legal community, August will be a month of excitement and anticipation of the coming year as well, especially as we come out of the pandemic restrictions that have been in effect since March of 2020.

It is anticipated that more and more cases will return to in-person court, giving our members the opportunity to return to familiar surroundings at the courthouses and to see old colleagues and friends for the first time in months, if not years. It is believed that a greater number of mat-

ters will be able to be set for trial in the fall, bringing resolution to litigated matters that have unfortunately been drawn out longer than anyone could have anticipated. Additionally, as restaurants and other establishments in the Waukegan area reopen to full capacity, the beginning of new friendships or the reestablishment of old bonds can take place.

August also traditionally marks the return of many Lake County Bar Association events. Committees that have taken a break for the summer will begin to meet again, planning their monthly meetings, annual seminars and reoccurring CLE opportunities for the upcoming bar association year. In addition, the Lake County Bar Association will be announcing the Fall Luncheon Schedule, which are regular monthly events in September, October, and November, as well as the return of the December Holiday Party. But as we look forward to the year ahead with excitement and anticipation, we must also be mindful that the year is uncertain as variants of the virus continue to surface and cause concern in our society.

As we begin our new bar association year, I would ask that you all reach out to your committee chairs and let them

Visit the LCBA Website lakebar.org

know what you would like to see for the coming year.

Introduce yourself to our new Executive Director Gregory Weider, and help him become a central part of our community. Moreover – be active in our bar association: volunteer to work on planning an event, write a Docket article in your area of legal expertise, or offer to be a speaker at a CLE seminar. Participation from our membership brings life to our ideas and our events, and along with seeing each other again in familiar surroundings, it will help to make this a year to remember.

So, if we are in the “Sunday of Summer,” take it all in and enjoy it to the fullest. Soak in the last month of consistently warm weather, plan something fun, and enjoy the precious moments with your loved ones and friends. We have much to be thankful for, and an entire bar association year to look forward to with ex-

The

Grapevine

Nandia Black was recently elected as Vice President of the Lake County Municipal League Board of Directors.

citement and anticipation.

Let’s celebrate these days of summer while we can.

Welcome

New LCBA Members

ATTORNEY Mary Berresheim Churchill, Quinn, Richtman & Hamilton Francis R. Greene Greene Consumer Law George W. Svoboda The Law Office of George W. Svoboda ASSOCIATE PROFESSIONAL Amber Hoch Schlesinger & Strauss Associate Professional

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Calendar of Events

August 6, 2021 12:00 p.m.

Child Care Tax Credit & Divorce Considerations Zoom August 26, 2021 Virtual Legal Advice Clinic Zoom September 10, 2021 8:00 a.m.

Annual LCBA Shred Event LCBA Office September 21, 2021 Membership Luncheon 12:15 p.m.

Lake County Update City of Waukegan City Hall September 22, 2021 12:00 p.m Brown Bag CLE: Sitting in Uncomfortable Spaces: Exploring Truths and Navigating Professional Relationships across Zoom

August 2021

3

A Tribute to a Good Guy

I

n June, the Lake County legal community lost former Lake County Bar Association (LCBA) President Bernard Winter.

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He was Bryan Winter’s father and my father-in-law.

His passing may not have caused much of a stir, but his story is notable. Bryan

The

Chief Judge’s Page and I received sympathy cards and had many conversations with attorneys that contained several common themes. Bernie welcomed everyone to the legal community, was committed to the LCBA, and was a gentleman lawyer.

Bernie went out of his way to introduce himself to anyone he didn’t recognize at a gathering. Whether you were a brand-new attorney, or new to the county, he wanted to hear your story.

He treated new attorneys as equals and encouraged them to get involved with the bar activities.

The LCBA was glue that cemented his work life and his legal social life.

The Fuqua Winter law firm always had 100% participation in LCBA activities/committees and six LCBA Presidents came from the firm over the years. In order of service:

BY CHIEF JUDGE DIANE WINTER Okel Fuqua, Ellis Fuqua, Bernard Winter, myself, Bernard Wysocki, and Bryan Winter all served as President of the LCBA. Bernie also served for many years on different bar association committees and even enjoyed performing in the Gridiron in his younger years.

He received the LCBA “Good Guy” award for his pro bono service which, for some reason, involved being photographed in a cowboy hat.

Bernie did not become an attorney to gain prestige or money, but according to Bernie, his goal was to be a law-abiding citizen and help others do the same. His first memory of wanting to become a lawyer was when he was stopped by a police officer driving a farm tractor on a city street in the western suburbs as a young teenager. The police

officer was very nice but advised him he needed a driver’s license and that slow-moving farm tractors were not allowed on Harlem Avenue, a busy street. As told by Bernie, this unremarkable episode was the first time he realized that his father, who had immigrated from the Netherlands, was not very knowledgeable of the laws and regulations of his new home country.

It motivated him to go to law school and learn about the law so he could advise others how to avoid legal missteps.

Once admitted to the bar, Bernie enjoyed helping people with problems commonly encountered with wills, trusts, probate estates, real estate, and contracts. He wanted his clients to know how the law could impact their lives and how best to complete legal tasks families commonly encountered. He had a calm, even

manner with his clients and worked hard to settle family disputes without litigation.

The lawyers who knew Bernie described him as kind, caring, and always a gentleman. He never yelled, but his letters might get longer. He was always self-deprecating.

His sentences typically began with, “Well I don’t know anything but…,” and then in the story that unfolded, you would figure out what you needed to do, but had not thought of yet. Even when he became the senior partner of one of the oldest firms in Waukegan, Bernie never dictated a result.

Sentences were always phrased, “you might want to consider” and a brilliant solution to the problem at hand followed.

Sometimes, he would also finish with the word “whatever.” For Bernie, “whatever” did not mean he cared less what course

of action you took, but instead the word indicated that you would be making the decision and were free to make your own mis-

takes. Even more importantly, it meant he would be there to help you clean things up if necessary.

Although the profession has changed dramatically with the advent of Zoom court appearances and rapid-pace email exchanges, the professionalism displayed by Bernie throughout his career remains important and worthy of emulation. To his clients, Bernard Winter was more than just an individual with a law degree.

He set a high standard of civility, practiced with honesty and integrity, and was always the gentlemen lawyer. His clients and colleagues respected his dedication to his profession.

The story of the good guy, always polite and courteous, is a real- life story worth celebrating, and one I am proud to share.

August 2021

5

Philanthropy and the Age of COVID

A

s the pandemic’s shutdowns and restrictions come to an end, we, as individuals and as a society, are BOARD OF TRUSTEES Douglas Dorando President Carey Schiever Vice President Perry Smith, Jr. Treasurer Joan Fratianni Secretary Nicholas Riewer Past President Jennifer L. Ashley Jeffrey A. Berman Nandia P. Black Kristie Fingerhut Hon. Fred Forman (Ret.) Scott B. Gibson David J. Gordon Keith C. Grant Fredric B. Lesser Amy L. Lonergan Steven P. McCollum Joseph McHugh Hon. Michael Nerheim Michael Ori Shyama Parikh John Quinn, Sr. Eric Rinehart Melanie Rummel David Stepanich Hon. Henry C. Tonigan (Ret.)

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faced with ever more novel issues and demands on our attention. Folks are going back out, whether for work, vacation, or even just returning to the grocery stores for the first time in nearly fifteen months away.

As attorneys, we’re often more attuned to these changes, not only in our own lives but also in the lives of our clients.

In my own practice, I’m spending more time at in-person meetings and hearing about how happy everyone seems to be to be re-engaging with their colleagues, friends, and neighbors.

While the personal reconnection aspects of the (hopefully) waning pandemic are cheery, on a larger level, much ink is being spilled on the impending end of the eviction moratorium, its ramifications on tenants, landlords, and the

BY DOUGLAS DORANDO PRESIDENT courts, and the impacts of COVID-19 on all sectors of the economy. Much of this still has an air to it of doom and gloom, rather than looking at the positive ways that people are reentering a real (as opposed to virtual) and social society.

Now is a time to be mindful of how we want to re-engage with the world, both as attorneys and as human beings.

The ABA reminds us that “when society confers the privilege to practice law on an individual, he or she accepts the responsibility to promote justice and to make justice equally accessible to all people.” This isn’t just a lofty statement that we should aspire to, but also one that reminds us of our obligations. Illinois Supreme Court Rule 756(f ) requires that we report, on an

annual basis, the amount of pro bono service and monetary contributions we make to organizations that provide legal services to persons of limited means or which contribute financial support to such an organization.1 I encourage each of you to take a few minutes, as the pandemic-focused world recedes, and consider how you want to hold yourself out in the world. Now is a time for real self-actualization2, and whether you want to show gratitude for having just made it through, or celebrate the lifting of all of the restrictions on things that we once took for granted, now is a time to give back. Think about how you can help aspire towards a truly just society.

1 2

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August 2021

7

2021-2022 LCBA & LCBF BOARD

INSTALLATION

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August 2021

9

Foundation & Committee Minutes LAKE COUNTY BAR FOUNDATION BOARD OF TRUSTEES MEETING JUNE 22, 2021 IN ATTENDANCE:

BY ZOOM: Joann Fratianni John Quinn, Sr. Nandia Black Nick Riewer Perry Smith Shyama Parikh Katharine Hatch Amy Lonergan Keith Grant Joe McHugh Hon. Fred Foreman (Ret.) David Gordon Carey Schiever Melanie Rummel Kristie Fingerhut Jennifer Ashley Jeffrey Berman Eric Rinehart

BY PHONE: Mike Ori

IN PERSON: Rick Lesser ALSO IN ATTENDANCE: Greg Weider, Executive Director, LCBA, LCBF. I. CALL TO ORDER: Meeting was called to order

by Past President Nick Riewer at 4:02 p.m.

II. APPROVAL OF MINUTES: Minutes of the Meeting of May 18, 2021 were presented for approval. Motion to approve made by Rick Lesser and seconded by Jeff Berman. Motion carried.

III. TREASURER’S REPORT: A. STATUS AND BALANCES OF LCBF ACCOUNTS: Treasurer, Perry Smith delivered the report to the Board based on the

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10 The Docket

attachments. Perry Smith indicated he would like to see us change the money market account that we have as we are only accruing $1.50/month in interest. Also, we should eliminate the debit card we are not using which costs the Foundation $25.00/ month. This past month we had normal expenses but need to reconcile our cost sharing payments between the Association and the Foundation. Saint Charles High School finally cashed their check from the Mock Trial Competition a year ago.

B. WARRANT/APPROVAL OF EXPENSES PAID: The Warrants for Expenses are presented for approval.

Motion to approve the expenses made by Amy Lonergan and seconded by Rick Lesser. Motion carried.

IV. CONTINUING BUSINESS: A. PROPERTY TAX EXEMPTION: Amy Lonergan reported there was a Status Hearing before the Illinois Department of Revenue.

The Department requested additional information as to our building use, specifically use by the general public versus the non-general public. Amy has indicated that she will prepare our legal argument with this information.

V. NEW BUSINESS: A. LCBF GRANT SUBCOMMITTEE UPDATE: We received a Grant application from North

Suburban Legal Aid Clinic. The Grant SubCommittee will need to meet and review the Grant Application and decide if more information is required before a recommendation can be made to the full Board. President would like to appoint a Chair and possible a Co-Chair for the Sub-Committee.

B. CONFLICT OF INTEREST POLICY: A copy of the Conflict of Interest Policy is attached to the Agenda and all Board members are required to fill it out and sign and return it to the Executive Director.

C. DRAFT BUDGET DISCUSSION: The Board will need to discuss our budget for the next fiscal year. The largest item in the budget in the past has been our fundraising event, the condo raffle and condo expense.

D. DISCUSSION ON IN-PERSON MEETINGS: The Board discussed the the idea of conducting our future Board Meetings in a hybrid fashion with both Zoom and in-person options.

VI. ADJOURNMENT: Motion to adjourn made by Rick Lesser and seconded

by John Quinn, Sr. Motion carried and the Meeting adjourned at 4:39 p.m.

Respectfully submitted, Joann M. Fratianni Secretary

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August 2021

11

Board of Directors’ Meeting

The

Meeting Minutes

BY DANIEL HODGKINSON SECRETARY

June 24, 2021 CONSENT AGENDA • Minutes • New Members A motion was made and seconded to approve the consent agenda. The motion was unanimously approved.

DISCUSSION ITEMS • Treasurer’s Report A motion was made and seconded to continue budget discussion to add the building fund as a line item in the budget.

• Golf Outing It was a large success.

Great turnout with a lot of people enjoying an in person event.

• Discussion on in person meetings Discussion was had about returning to in person monthly meetings. When possible and if no health concerns, in person meetings are encouraged.

• Lifetime Membership Request A motion was made and seconded to approve the lifetime membership

request for Jane Waller based on her wonderful contributions to the Lake County Bar Association and legal community. The vote was taken and the motion approved.

Discussion regarding Mike Nerheim being added to the Foundation A motion was made and seconded to approve Mike Nerheim being added to the Bar Foundation Board. The motion was unanimously approved.

There’s no place like LCBA/LCBF... and we wouldn’t be the same without you

Renew your membership today!

LCBA is the professional community for the Lake County legal community, offering connections, information and resources you can’t get anywhere else. We look forward to continuing to support you and celebrating your successes.

www.lakebar.org

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The meeting concluded at 12:53.

BOARD MEMBERS PRESENT Joseph Fusz President Tara Devine First Vice President Kevin Berrill Treasurer Daniel Hodgkinson Secretary Katharine S. Hatch Second Vice President Hon. Patricia Cornell Past President Dwayne Douglas Director Craig Mandell Director Hon. Jacquelyn Melius Director Jeremy Harter Director Jeff O’Kelley Director Sarah Raisch Director Greg Weider Executive Director

LAWYER REFERRAL SERVICE

WHY SHOULD YOU JOIN? The LCBA Lawyer Referral Service (LRS) is a valuable member benefit as well as a public service. LRS provides member attorneys with an opportunity to build business through client referrals. The service benefits the public by helping callers quickly find an attorney in the area of law in which they need help.

The LRS program is designed to assist persons who are able to pay normal attorney fees but whose ability to locate legal representation is frustrated by a lack of experience with the legal system, a lack of information about the type of services needed, or a fear of the potential costs of seeing a lawyer.

Cost is only $200 annually for a Standard listing or $350 for a Premium listing. Download the application at www.lakebar.org/page/LRS or contact the LCBA office for more information.

ATTORNEYS NEEDED IN THE FOLLOWING CATEGORIES • Administrative • Bankruptcy • Commercial • Consumer • Employment • Environmental • Estate Planning, Wills, Trusts and Probate Visit lakecountylawyer.info for a complete list of available categories.

CONTACT THE LCBA AT 847.244.3143 OR INFO@LAKEBAR.ORG

LAKECOUNTYLAWYER.INFO

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DAY

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MEETING

LOCATION

TIME

1st Tuesday

Diversity & Community Outreach

Virtual Until Further Notice

12:15-1:15

1st Thursday

Real Estate

VUFN

5:30-6:30

Docket Editorial Committee

VUFN

12:15-1:15

2nd Tuesday

Criminal Law

VUFN

12:15-1:15

2nd Tuesday (Odd Mo.)

Immigration

VUFN

4:30-5:30

2nd Wednesday

Family Law Advisory Group (FLAG)

VUFN

12:00-1:00

2nd Wednesday

Civil Trial and Appeals

VUFN

4:00-5:00

2nd Thursday

Young & New Lawyers

VUFN

12:15-1:15

2nd Thursday

Trusts and Estates

VUFN

12:15-1:15

3rd Monday (Odd Mo.)

Solo & Small Firms

VUFN

12:00 noon

3rd Tuesday

Local Government

VUFN

12:15-1:15

3rd Tuesday

LCBF Board of Trustees

VUFN

4:00

Family Law

VUFN

12:00-1:00

LCBA Board of Directors

VUFN

12:00 noon

VUFN

5:30-6:30

VUFN

5:15-6:15

1st Thursday (Even Mo.)

3rd Wednesday

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• Meetings subject to change. Please check your weekly e-news, the on-line calendar at www.lakebar.org or call the LCBA Office @ (847) 244-3143.

• Please feel free to bring your lunch to the LCBA office for any noon meetings. Food and beverages at restaurants are purchased on a individual basis.

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MEMBER RECEPTION SPONSORSHIP OPPORTUNITIES LCBA Member Receptions will generally be held on the 4th Thursday of every month.

Your $500 sponsorship includes: • Recognition in advertising before the event and on signage at the event • Reception from 4:30 – 6:30 p.m.

• Complimentary beer and wine. Upgrades available for additional fee.

Contact Jose at jose@lakebar.org to add your name to a reception.

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