The Docket - November 2020

THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 27 No. 11 • November 2020

Artwith a

Heart

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Contents THE DOCKET • Vol. 27, No. 11 • November 2020

FEATURES 12 Strategically Navigating the Commercial Real Estate Tax

BY DANIEL A. DORFMAN AND KEITH S. BRIN

18 The New Workplace Frontier

BY BRIAN S. SCHWARTZ 22 “Zoom Court”: Hints and Tips From The Bench

BY JUDGE JAMES SIMONIAN

A publication of the

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 Tracy M. Poulakidas Stephen J. Rice Neal A. Simon Hon. ­­­James K. Simonian Rebecca J. Whitcombe Alex Zagor STAFF Dale Perrin Executive Director Jose Gonzalez Membership Coordinator Katherine Montemayor Office Manager

AD SIZE 1/8 Page 1/4 Page 1/2 Page Full Page Inside Front or Inside Back Cover

Back Cover

ONE ISSUE

6 ISSUES

COLUMNS 2 President’s Page Integrated Case Management System – We are Preparing for Launch!

BY PATRICIA L. CORNELL, PRESIDENT

4 The Chief Judge’s Page 19th Judicial Circuit Court Update

BY CHIEF JUDGE DIANE WINTER

6 Bar Foundation

A Time to be Thankful, I Hope

10 Monthly Case Report 26 Foundation & Committee Minutes 28 The Meeting Minutes August 20, 2020

BY KATHARINE S. HATCH, SECRETARY

30 In the Director’s Chair Bid Often and Bid High!

BY DALE PERRIN, EXECUTIVE DIRECTOR

LCBA EVENTS IFC 2019 LCBA Office Rental Pricing 3 Letter to the Editor 3 Fall Luncheons 7 New Members 7 Calendar of Events 10 Grapevine 11 Art With a Heart 29 Lawyer Referral Service 32 Monthly Committee Meetings

BY NICHOLAS A. RIEWER, PRESIDENT

12 ISSUES

$85 $80 $75 $145 $135 $125 $195 $185 $175 $325 $295 $275 $650 per issue $800 per issue

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Standard $1.75 per word (Rate for LCBA Members) Text $2.75 per word (Rate for Non-Members) Bold $3.50 per word (Rate for LCBA Members) Text $4.50 per word (Rate for Non-Members) Classified Advertisement may contain as many words, numbers, symbols and boldface type.

Advertising Rates To place an ad or for information on advertising rates, call (847) 244-3143. Submission deadline: first day of month preceding the month of publication. All submissions must be made in electronic format (high resolution PDF or JPG format at a resolution of 300 pixels per inch or more.) See www.lakebar.org/page/Docket_Advertising The Docket is the official publication of the Lake County Bar Association, 300 Grand Avenue, Suite A, Waukegan, Illinois 60085 (847) 2443143, and is published monthly. Subscriptions for non-members are $45.00 per year.

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.

All submitted manuscripts are considered by the Editorial Board. All letters to the editor and articles are subject to editing. Publications of advertisements is not to be considered as an endorsement of any product or service advertised unless otherwise stated.

Integrated Case Management System – We are Preparing for Launch!

F

or years attorneys have complained that the Lake County Clerk’s Office needed to join the ranks of those court systems that operate a modern computer document system. I remember how difficult it was for private attorneys attempting to use

Hon. Patricia Cornell President Joseph Fusz First Vice President Tara Devine Second Vice President Kathleen Curtin Treasurer Katharine Hatch Secretary Stephen J. Rice Immediate Past President David Del Re Thomas Pasquesi Dwayne Douglas Daniel Hodgkinson Hon. Jacquelyn Melius Craig Mandell

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CRIMS in the filing room because of their unfamiliarity with computer programming! Did you know that there are 6,498 codes that the clerks have just to input information and which are also used to obtain the information? I often wonder if some county employees are worried about having to learn a new program once they say goodbye to CRIMS. The current talk of the new system reminds me of how scared but excited everyone was when E-filing began. And I’m sure you recall that Lake County Clerk Erin Cartwright Weinstein recruited attorneys to act as guinea pigs to test out E-filing. Well, this process will happen again soon for the coming case management system.

You should have already seen a flyer about ICMS circulated by the Lake County Bar Association. The flyer provided some information about the new system, including its background, implementation, and

The

President’s Page

organization. You should really review it in detail if it interests you, because it is a well written overview of the technological aspect of the new ICMS system. It should be noted that the flyer specifically requests member participation to provide feedback. An initial zoom meeting was held by the Lake County Bar Association on July 17, 2020, to explain the process. If you have any questions regarding the flyer you can email Steve Rice at 9101192@ gmail.com and put “ICMS” in the subject line.

Thankfully Erin Cartwright Weinstein was able to arrange a presentation through the LCBA by Journal Technologies. This presentation was held on October 16, 2020. It was designed to allow our members to see how the future case management system would work.

The next few months

BY PATRICIA L. CORNELL PRESIDENT will include various “show and tell” sessions. The Lake County Bar Association will inform members when these sessions will occur and describe their subject matter. ANY member is encouraged and able to participate. It is likely that the “show and tell” sessions will include topics such as: submitting orders electronically; filing documents; viewing files; and courtesy copies just to name a few.

These sessions will show what the Courts, Clerk, Office of the State’s Attorney and Office of the Public Defender have been working on for so long – the information and concepts that this group felt was necessary to have in the program.

Presenting this information in these sessions will allow attorneys to process the information and concepts, and then funnel their input to representatives of various practice areas, who will dis-

till it and pass it on to the ICMS project managers.

The LCBA recently sent an email to many of the LCBA Committee Chairs asking them to help with the feedback process. The idea was that the committee chairs could take all the input and organize it to avoid duplication and then pass it on to the ICMS project managers—primarily, to the Court and the Clerk.

At about the same time as the “show and tell” sessions are occurring, Clerk Erin Cartwright Weinstein will be soliciting volunteers to test the new integrated case management system.

This would be the Clerk’s second round of guinea pigs. It is likely the LCBA will send out an email from the Clerk requesting members to volunteer and participate by accessing the system while it is being formatted and to work with project managers on recommendation for design.

The burden will be on all of you to respond to the Clerk’s request if you want to be involved in hands-

on testing. The Clerk will be seeking members that represent different size law firms and different areas of law and the Clerk is not just looking for members who are technologically savvy.

(Yes, Thomas M. Gurewitz, Erin Cartwright Weinstein is likely going to recruit you.) The Clerk’s goal is to obtain as much information as possible regarding the practice-oriented aspects of ICMS before it is launched.

It has been increasingly apparent over the last six months that a strong bench, bar, and clerk relationship is necessary to implement new procedures. The same remains true as we head into this technological future together. Please keep an eye out for email updates on ICMS. And please consider volunteering: this is an opportunity for your voice to be heard for the good of Lake County and the Nineteenth Judicial Circuit, and for the good of a case management system that we will all use for many years to come.

LETTER TO THE EDITOR Dear Editor, One of our many Local Court Rules is 4-1.02 (B) (1). It is in Part 3.00 of the Local Court Rules entitled Family Law Cases. Further, the full circuit judges must have been very serious about this because it is also in Rule 2-1.02 (B) (1). That part is Civil Proceedings.

The rule says, “No Motion or Response, shall exceed fifteen typewritten double-spaced pages without prior approval of the Court. This page limit includes any separately filed Memorandum or brief in support of a Motion or Response.”

Motion is conveniently defined in Rule 2-1.01 (A) and duplicated in Rule 4-1.01 (A). A Motion “includes any pleading or paper in the nature of a Petition or Motion, other than a Petition or Complaint which initiates a cause of action.”

Many of my colleagues argue that this page limitation is first of all not important, and secondly, that it does not include exhibits. However, the Illinois Code of Civil Procedure, Section 735 ILCS 5/2-606 is entitled Exhibits. The third sentence of that rule says, “In either case the exhibit constitutes a part of the pleading for all purposes.” A few of my colleagues have argued that a Petition or Motion is not a pleading for purposes of 2-606.

However, I refer them back to the definition of “Motion” in the Local Court Rules.

What if something is filed that is greater than fifteen pages without leave of Court? A Motion to Strike under 735 ILCS 5/2-615 would be appropriate.

Recently I have started doing two things. One is to file a Motion for leave to file something of more than fifteen pages, and the other is to file a 2-615 Motion to Strike something that is more than fifteen pages without Court permission. Both of these motions have been successful.

Fall Luncheons VIA ZOOM 12:00 – 1:00 pm November 17 ARDC Update

If the full circuit judges are serious about enforcing their rules, this is what must be done. If they are not, then the rules should be repealed. Another alternative is to increase the page limit and to specify whether or not it includes exhibits.

Sincerely,

Gary L. Schlesinger

November 2020

3

19th Judicial Circuit Court Update

N

ow that court operations have resumed, albeit mostly within a virtual setting, the Nineteenth Judicial Circuit is working to resume court sponsored and supported programs and events.

While it would be easy to cancel all events, the 19th Circuit is committed to do as much as possible virtually. Are the events the same?

No, but they allow us to maintain a connection with supporting organizations and volunteers that might otherwise be lost. Public outreach programs touch

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and educate the public about the courts and the legal system. Providing more opportunities to learn about our courts is an important tool for increasing the public’s confidence in the legal system.

The Girl-Wise Conference is an example. In September, the 17th Annual Girl-Wise Conference was presented virtually by the Nineteenth Judicial Circuit and the Lake County Juvenile Justice Council while partnering with Court Administration, Juvenile/ Probation Services, the

The

Chief Judge’s Page Lake County State’s Attorney’s Office, Nicasa Behavioral Health Services, Omni Youth Services, Lake County Regional Offices of Education, the College of Lake County, and women leaders in the community. Traditionally, young women are invited to attend a weekend conference of speakers and activities. However, because this year’s theme was “Empowerment,” we wanted to demonstrate we could over-

BY CHIEF JUDGE DIANE WINTER come the Covid obstacle.

To adapt to Covid restrictions, daily workshops were pre-recorded and uploaded to the Nineteen Judicial Circuit’s YouTube page. Speakers offered middle and high school young women an opportunity to hear messages that promoted creativity, healthy bodies, healthy minds, and taking charge of one’s own life. During the week beginning September 28th, videos were uploaded every morning throughout the week. Judges Randie Bruno, Patricia Cornell, Patricia Fix, Jacqueline Melius, Elizabeth Rochford, and I shared our stories to encourage the young women viewers.

Another program that will continue in a modified format is the Veteran’s History project. Traditionally, on November 11th, 20-30 veterans would come to the courthouse to give oral histories concerning their

service, which are transcribed by licensed court reporters and archived at the Library of Congress in Washington D.C. The morning would start with a breakfast chow line, followed by the National Anthem, a brief program and a group photo. The veterans were treated like royalty. Behind the scenes upwards of a hundred volunteers coordinated to host the event. Attorneys, court reporters, veteran’s groups, young marines and many more volunteers made each year a memorable event.

This year, elderly veterans could not be invited to attend such an event, so we are gathering a list of volunteer attorney interviewers and court reporters who are willing to conduct

the interviews virtually. The volunteers and veterans will work out the safety precautions necessary for the individual veterans. We are also working on a video tribute to distribute to veterans throughout the county. The video will feature Army Ranger, Chris “Tonto” Proronto, who participated in the Benghazi operation along with remembrances from retired Judges Mullen, Fusz and Scully. Finally, the names, service and pictures of our Lake County veterans will be posted on the Nineteenth Judicial Circuit’s website home page.

Also, the in-house judges’ training program was held in late September in the Jury Assembly space utilizing the socially distanced seating for 51

prospective jurors. While it was a little awkward speaking to a masked audience, the judges enjoyed being together in one place and engaging in group discussions. Our featured speaker this year was Dr. Peniel Joseph, who holds a joint professorship appointment at the LBJ School of Public Affairs and the History Department in the College of Liberal Arts at The University of Texas at Austin.

He is also the founding director of the LBJ School’s Center for the Study of Race and Democracy. His presentation, “Building the Beloved Community: The Struggle for Black Dignity and Citizenship and America’s Third Reconstruction,” was thought provoking and passionate even over

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Zoom. Dr. Joseph is very knowledgeable about social justice issues and challenged the judges and staff to consider other perspectives. We had no trouble filling the hour discussion slot after his presentation.

At the end of our training session, the judges discussed what our court calls could look like once the courthouse is able to conduct in-person court calls.

Zoom’s platform pros and cons, safety concerns, and the coming case management system were all part of the discussions. While no definitive plans were made, all agreed that in some way Zoom, or hopefully a court-centered video-conference program, could be part of how court calls are managed in the future.

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November 2020

5

A Time to be Thankful, I Hope

I

n 1620, a boat filled with more than 100 people sailed across the Atlantic Ocean to settle in the new world.

BOARD OF TRUSTEES Nicholas A. Riewer President Carey J. Schiever Vice President Joann M. Fratianni Secretary Perry S. Smith Jr. Treasurer Jeffrey A. Berman Immediate Past President Jennifer L. Ashley Nandia P. Black Douglas S. Dorando Kristie Fingerhut Hon. Fred Foreman (Ret.) Joseph M. Fusz Scott B. Gibson Kenneth J. Glick David J. Gordon Keith C. Grant Amy L. Lonergan Fredric B. Lesser Steven P. McCollum Joseph McHugh Joseph Morrison Michael G. Nerheim Michael Ori Shyama Parikh John Quinn, Sr. Melanie Rummel David Stepanich Hon. Henry C. Tonigan (Ret.)

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This religious group had begun to question the beliefs of the church of England, and they wanted to separate from it. The pilgrims settled in what is now the State of Massachusetts. Their first winter in the new world was very difficult. They had arrived too late to grow crops and without fresh food, many of the settlers did not survive the first winter. The following spring, the Wampanoag Indians taught the settlers how to grow corn, which was a new food for the settlers. The Indians also showed them other crops to grow in this unfamiliar soil as well as how to hunt and fish.

In the autumn of 1621, bountiful crops of corn, barley, beans, and pumpkins were harvested. The colonists had so much to be thankful for, so they planned a feast. They invited the local Indian chief and 90 members of his

BY NICHOLAS A. RIEWER PRESIDENT tribe to the celebration.

The Indians brought deer to roast with the turkey and other wild game that the colonists brought to the feast. The colonists learned how to cook cranberries and different kinds of corn and squash dishes from the Indians.

This was the first Thanksgiving. In the following years, many of the original colonists celebrated the autumn harvest with a feast of thanks.

Thanksgiving was made an official national holiday by Abraham Lincoln in 1863, thanks to the work of Sarah J. Hale, an editor of the popular Ladies’ magazine of the time.

Interestingly, no where in the text of President Lincoln’s proclamation is any mention of pilgrims and Indians; however, the proclamation did include that the Detroit Lions and

Dallas Cowboys were to host football games on Thanksgiving.

So, what do we have to be thankful for given the rather unusual year that we have just gone through? I am thankful that the election (by the time you read this) is over and there was a clear winner rather than having the court system or the electoral college decide the outcome of the election.

I am also thankful that as of the time I dictated this column, the Bears defense is 5-1. I am thankful that my family has maintained their health through the pandemic, and I hope that the vast majority of you can be thankful of the same with respect to your families.

I am thankful for all of you who participated in our virtual fundraiser “Art With A Heart”. I am

thankful for all of the hard work that Dale and Jose put in to allow us to have the fundraiser.

I am thankful for the fact that I only have six more of these columns to write, and I am certain that the few of you who actually read my columns, are very thankful that I only have six more columns to write.

I am thankful to all the Lake County Bar Association members who opted to contribute to the Lake County Bar Foundation when renewing your dues for the upcoming year. Your generosity is allowing us to continue with our mission of giving money to charitable organizations.

I am thankful to all of you who work hard at making the Lake County Bar Association and the Lake County Bar Foundation successful organizations.

I hope you all have a happy and healthy Thanksgiving and have an opportunity to enjoy the upcoming holiday season in a safe and healthy way.

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Calendar of Events

November 2 – 20 Art with a Heart Foundation Fundraiser Online Art Auction Open November 3 Election Day Courthouse and LCBA Office Closed November 11 Veterans Day Courthouse and LCBA Office Closed

Welcome

New LCBA Members ATTORNEY

November 12 Free Legal Call-In Clinic Virtual 4 – 7 pm

STUDENTS

November 17 ARDC Update Luncheon Virtual, 12 pm

Fredrick Day Fred Day Attorney at Law Christina Devitt-Schuyler Paralegal Student Amanda Vesely Law School Student

November 26 & 27 Thanksgiving Holiday Office Closed

Suited to you

David Rubin Men’s Clothier

By Appointment 847.533.4936

November 2020

7

Thank You Lake County Bar Association

After 60 years, on January 1, 2021, Morrison & Morrison, P.C. will be joining forces with the newly formed law firm of Kelleher + Holland, LLC. With the support of the LCBA and the Lake County Legal Community we are proud of our track record of vigorously fighting for justice for our clients in the areas of civil and criminal litigation, including the following recent success stories: • KANE COUNTY RECORD $7.5M Medical Malpractice Settlement • $4.75M Commercial Litigation Verdict • $3.7M Wrongful Death / Medical Malpractice Settlement • $2.5M Medical Malpractice Verdict • $2.4M Personal Injury Settlement • $2M Auto Accident Settlement • $1M Product Liability Settlement • Hundreds of Acquittals and Dismissals in Criminal Defense Cases

An exciting new chapter for Morrison & Morrison is about to start!!

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(847) 382-9195 attorneys@kelleherholland.com www.kelleherholland.com Three Convenient Locations:

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November 2020

9

August 2020

Monthly Case Report Editor’s Note: Monthly Case Report is provided by 19th Judicial Circuit Law Librarian, Emanuel Zoberman

Illinois Second Appellate – Civil Sharp v. Baldwin Appellate Court of Illinois, Second District. April 28, 2020, 2020 IL App (2d) 181004, 151 N.E.3d 725, 440 Ill. Dec. 253 Background: Inmate, who was serving sentence in Illinois Department of Corrections (IDOC) for first degree-murder of a police officer, filed writ of mandamus against director of IDOC alleging he was entitled to sentence credit for completion of various programs while in custody and was thus eligible for immediate release. The Circuit Court, Lee

The

Grapevine

Lake County State’s Attorney Michael Nerheim announced this week that Assistant State’s Attorney Mary Lu Cole has been named the Outstanding Assistant State’s Attorney for 2020 by the Alliance Against Intoxicated Motorists - Illinois.

Cole accepted the prestigious

County, Daniel A. Fish, J., dismissed the complaint with prejudice. Inmate appealed.

Holdings: The Appellate Court, McLaren, J., held that: 1 Inmate was not entitled to sentence credit for educational programs that he allegedly completed prior to enactment of sentence credit amendment, and 2 Inmate was not entitled to mandamus relief compelling director to promulgate the regulations that allegedly included retroactive application of sentence credit for program participation.

Affirmed.

award during a brief ceremony at the Lake County Courthouse in Waukegan and the President of the Lake County Bar Association was honored to attend. The award was in recognition and gratitude for outstanding dedication to championing the cause of justice for impaireddriving crash victims and their families.

The mission of the Alliance against Intoxicated Motorists is to prevent deaths and injuries caused by chemically impaired or distracted operators of any motor vehicle or watercraft and to assist victims of these crashes in Illinois. AAIM annually names one prosecutor from northern Illinois as the assistant state’s attorney of the year.

Salvi, Schostok & Pritchard, P.C. Partner Aaron D. Boeder has been named one of Law Bulletin Media’s Forty Lawyers Under 40 to watch in the state of Illinois for 2020. This year’s Forty Under 40 honorees were selected from a group of nearly 1,000 nominations and were announced during a virtual happy hour on September 24, 2020. Mr. Boeder joined Salvi, Schostok

& Pritchard P.C. in 2010 and was named Partner in 2019.

He focuses his practice in the areas of medical malpractice, catastrophic injury and wrongful death law.

BIRTH ANNOUNCEMENTS: Maverick James Wifler Son of Charlie & Mandi Wifler Born 9/10/2020. @ 7:45 pm 8 lbs, 1 oz., 20 inches Likes the ladies. Dislikes walking Grant Cortland Spitzer Son of Jeremy & Rachel Spitzer Born 9/24/2020 8.3 lbs., 20.5 inches

If you have news to share? We would love to hear about it!

Please send your information to Dale Perrin at dale@lakebar.org.

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WHAT IS IT

Art with a Heart is a virtual art auction fundraiser for the Lake County Bar Foundation that replaces the biennial Gala that was canceled this year due to COVID 19.

BENEFICIARIES

Waukegan to College, 19th Judicial Circuit Self-Represented Litigant Program, Art Impact Project

WHEN

Beginning mid-August 2020 through November 20, 2020.

DETAILS:

• Beginning in August, the LCBF will sell 8” x 8” blank canvasses for $10 each to members, family members, co-workers, neighbors, professional artists, want-to-be artists, celebrities, and anyone walking past the office.

• Buyers of blank canvasses will create their works of art on the 8 x 8 canvas and return them to the LCBA/LCBF office no later than October 26.

• Artwork will be displayed on the LCBA/LCBF website, in the LCBA/LCBF Office and possibly other locations in Lake County.

• Online bidding for each piece of art will begin at $25 and opens November 2 and closes November 20.

• Online bidding will be open to everyone and anyone, including Grandma in Arizona, so spread the word.

• Artwork can include anything as long as it is on or is attached to the 8 x 8 canvas. The more creative the better.

Self-Represented Litigant Program

Fundraiser

LAKE COUNTY BAR FOUNDATION

ART AUCTION

Heart

A VIRTUAL

Artwith a

Contact the Bar office at 847-244-3143 or info@lakebar.org to purchase your blank canvas by September 30, 2020.

Strategically Navigating the Commercial Real Estate Tax

Appeal Process During Construction Defect Litigation

P

BY DANIEL A. DORFMAN AND KEITH S. BRIN

roperty owners involved with construction-defect litigation who are also seeking property tax relief due to the defects and substantial loss of income have a common dilemma. The problem is that any information shared with the tax authorities would be discoverable by the property owner’s adversaries.

This interplay can create pitfalls and challenges The Redevelopment Project. The owner engages based upon the very defects that form the foundation of an architect to map out the desired renovation program the litigation. On the one hand, and develop all the necessary plans the owner wants to maintain the and engages a general contractor Daniel Dorfman is the privilege against disclosure of preto perform all the construction Chair of the Construction Law Group at Fox liminary analyses of the defects. services for the renovation project.

Swibel. Daniel repOn the other hand, the owner Project costs are budgeted to be resents Chicago-based wants to openly share information well into the millions of dollars. and nationally with the tax authority to ensure it At the final walk-through after a prominent owners/deproves its entitlement to tax relief. year of construction, the project velopers and some of the most well-known This article addresses the challengappears to be completed properdesign and construcing aspects of navigating the real ly, and is both on budget and on tion professionals in estate tax appeal process under time. The owner executes and the country. such circumstances. processes the final payment appliKeith Brin is the cations. The project is complete.

Managing ShareholdI. THE COMMON SCENARIO Discovery of Post-Compleer of Finkel, Martwick Consider the following comtion Defects. Two years after the & Colson P.C. Keith represents commermon hypothetical whereby an project has been completed, the cial, maufacturing, owner involved in the redevelowner starts noticing problems industrial, and farm opment of a commercial reve– water intrusion from the buildproperty owners at all nue-generating property later ing envelope, HVAC not properly tax assessment levels. discovers defects: heating or cooling, and organic

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growth is identified by a tenant (the “defects”).

The Owner’s Consultant’s Preliminary Assessments. Understandably, the owner is shocked to discover these defects after spending millions of dollars in the property’s redevelopment. The owner wisely engages counsel and a forensic consultant to understand the defects and whether a third party may be at fault (i.e., liable for remediation costs). The owner’s forensic consultant performs an initial evaluation and determines that (1) the design professional and general contractor performed faulty work; and (2) repairing the defects will cost millions of dollars, not including the consequential damages of moving and relocating its tenants and the loss of rent during the remediation project. The owner obviously intends to ensure that the parties whose mistakes caused this mess pay for repairs.

The Owner’s Desire For Property Tax Relief. Now that the owner has his consultant’s preliminary assessments and is working with counsel on the prospect of litigation, he seeks legal advice concerning what would seem to be a very simple question: “As the remediation of the project will be exceedingly expensive, can we obtain any sort of property tax relief due to the defects and substantial loss in income, and, if so, what information can we share in a property tax appeal?”

The easy answer to the owner’s question is: Yes—it is possible to obtain property tax relief and there is nothing stopping you from sharing any information you want with the tax authority. The very big caveat to this answer, however, is: Be careful. Premature disclosure of certain privileged information about the defects to third-party tax valuation experts and authorities (e.g., appraisers) has potentially adverse effects within the context of the owner’s litigation to recoup the remediation costs.

Before proceeding with the tax appeal, an owner should consider the law applicable to expert privilege in the context of construction litigation when deciding which reports and information should be disclosed. The determination of whether a disclosure obligation exists could depend upon whether the experts and consultants who provided the information will testify at trial against the architect and contractor (if necessary), and how the consultants are classified under applicable court rules.1

II. A PRIMER ON THE LAW OF EXPERT PRIVILEGE Often times, parties to litigation, including plaintiffs complaining of construction defects, hire what are known as “expert witnesses.” For every possible type of legal dispute, there is usually an expert that might have something to offer. The key distinction between expert witnesses and “fact” or “lay” witnesses is that, unlike fact witnesses, experts can provide their professional opinion, as opposed to being limited to testifying about facts that they personally know. As explained below, some experts never testify at all, but work with counsel to help prepare a case.

Under the Federal Rules, there are two types of experts: Non-Testifying Expert: This is an expert “who has been retained or specially employed by another party in anticipation of litigation or in preparation for trial” and who is not expected to testify at trial. These are sometimes also referred to as “consulting experts.”2 Testifying Expert: This is an expert who has been “retained or specially employed to provide expert testimony in the case and whose duties as the party’s employee regularly involve expert testimony.”3 Aside from limited circumstances, facts known or opinions held by non-testifying experts are generally shielded from disclosure or discovery. Testifying experts, on the other hand, must disclose the facts and data that they considered, and the opinions that they formed, through a written report provided to the adversary—after those opinions have been vetted and approved by the client and its counsel. Although draft reports and certain types of communications between the attorney and a testifying expert may be protected from disclosure, generally an adversary is given wide latitude to cross-examine their opinions and the underlying facts on which they rely.

1

2 3

Yes—it is possible to obtain property tax relief and there is nothing stopping you from sharing any information you want with the tax authority.

Although each state has their own body of law and set of rules, for simplicity purposes, this article analyzes the privilege issues

III. WAIVER OF PRIVILEGE Waiver of privilege is of paramount concern to any owner who is concurrently dealing with both construction defect litigation and the tax appeal process. As with any privilege, the protection against disclosure associated with expert work can be waived. At its most basic level, waiver occurs when the holder of the priviunder federal law and Federal Rules of Civil Procedure.

See Fed. R. Civ. P. 26(b)(4)(D).

See Fed. R. Civ. P. 26(b)(4)(A).

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lege takes some action(s) inconsistent with maintaining confidentiality over the otherwise privileged information. For example, in the expert context, providing a copy of a preliminary report prepared by an expert consultant to a third party can oftentimes result in a waiver of the privilege over the disclosed document.

IV. EXPERT PRIVILEGE IN CONSTRUCTION DEFECT CL AIMS Construction defect litigation is often complicated and requires precise expert testimony in determining fault and, ultimately, damages. Accordingly, classifying the experts and consultants, and determining what information must be disclosed during the course of a lawsuit, are of critical importance. Moreover, an expert’s role may not be determined at the outset of litigation; an expert intended to be a mere consultant may become a testifier, and vice versa. For example, an expert may end up taking a differing view of the facts than that necessary to prove the owner’s claim, or information may come to light that would make the expert a liability at trial.

Waiver of privilege is always to be avoided. For example, if an expert ultimately comes to an unhelpful conclusion that is inconsistent with the owner’s theory of the case, the owner will want to shield that information from disclosure. Or, possibly more likely, an early version of an expert’s report may contain very preliminary views that ultimately are inconsistent with the final report that the expert tenders. If such information were to come to light before trial, it could put the expert at risk of significant credibility attacks in front of the trier of fact at trial – this can be critical, if not fatal, as construction defect cases are often won (or lost) on the credibility of a party’s expert.

V. WHEN TAX APPRAISAL MEETS DEFECT LITIGATION A property’s value for tax purposes is appealable, and ultimately will become the basis for determining a property’s real estate bill. The process of appealing a property’s assessed value begins with the owner gathering information for their counsel to substantiate a property’s shortfalls to decrease the assessed property value, and hence decrease the real estate tax bill.

In our hypothetical, our owner can utilize the forensic report (or parts thereof ) prepared by its consultant to substantiate the basis for pursuing tax relief. In many cases the owner will also want to obtain a property appraisal to further argue for a decreased assessed property value. The property appraiser’s report should certainly be coordinated with and include the owner’s forensic consultant’s findings as to the defects, but will also include general property value information such as vacancies, capitalization rates, comparable properties, and an income and expense analysis, to name a few.

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Critically, however, the owner must realize that the privilege over its expert’s opinion that is shared with the tax authority will likely be lost. Accordingly, sharing of such information, and the concomitant waiver of privilege, must be carefully considered. For example, if the owner wishes to keep a consulting expert’s role in the case confidential, it should not disclose that expert’s analyses. The owner should consider the potential ramifications of disclosing a preliminary report done by a potential testifying expert if there is a possibility that the conclusions in that initial report may change—otherwise the disclosed conclusions could end up being inconsistent with those presented at trial, harming the strength of the owner’s legal case while increasing the strength of its tax appeal.

Once a final decision has been made as to what otherwise-privileged information should be shared as part of the tax appeal, the owner and its counsel will proceed with the next step of the appeal according to local procedures. Typically, in the next step of the tax appeal process the information as to the defects, the forensic consultant’s reports, and the appraisals are filed with the assessor or boards of review to decide whether the property should have a decrease in assessed property valuation.

If the owner’s tax counsel argues the issues, problems, and calculations, it will likely result in some level of tax relief. While such an aggressive approach to the property tax appeal effort could result in a lower tax liability, the owner must also consider that such an approach could also significantly impact his position down the line in related litigation. However, without revealing the defects, the basis upon which the tax relief may be granted may be tenuous, and certainly will not be as strong. Yet not appealing a property’s valuation could leave an owner with an even larger real estate tax liability than necessary.

Counsel may be able to tiptoe around revealing the actual defects, or reveal them through publicly available information (such as relying exclusively on publicly filed court documents and non-privileged summaries of the defects), and perform a simplified income analysis.

But the owner’s chances of obtaining a higher level of relief increases significantly by bolstering its argument with all facts—and expert analyses—available. If early disclosure of expert opinions is deemed necessary, the owner, counsel, and the expert should ensure that the analysis provided to the tax authority is as final and polished as possible—in other words, all efforts should be made to ensure that whatever report is provided as part of the tax appeal does not substantially change before it is disclosed in the defect litigation. Concurrently, the owner should strategize with its counsel and expert to hedge as may be necessary to ensure modifications can be made, as necessary, without substantial negative impact to the expert’s credibility.

VI. BALANCING DISCOVERY AND TIMING ISSUES As outlined above, without proper oversight and handling as to what information is to be shared with the taxing authorities, the owner might not only waive privilege but also inadvertently create inconsistent opinions as to the scope and extent of the defects between the tax appeal process and the construction defect litigation. While competent counsel may be able to diffuse the significance of inconsistent opinions at trial, they are best to be avoided.

Of course, this does not mean the owner should not make disclosures to the tax authority in an attempt lower its real estate tax bill. Rather, the owner should work closely with counsel during the property appeal process to avoid conflicts in opinions between both venues (i.e., the construction defect litigation and tax appeal) and so as to properly reduce its real estate tax liability.

Timing of events, however, often presents challenges with regard to balancing discoverable versus non-discoverable information. Property tax appeals generally must be filed during a very narrow window of time in specific calendar years,4 while construction defect litigation is only limited by the relevant statute of limitations and/or statute of repose (generally within a set number of years when the owner “knew or should have known” of the defects). To illustrate how these timing issues may impact owners, consider, for example, that it’s not unusual that owners of a just-purchased commercial property will aggressively pursue reducing the property’s valuation for tax purposes, but then in the subsequent 10 years discover defects that warrant litigation.

The owner (and the expert property appraisers and others) may be hard-pressed to explain why the defects were not discovered earlier (i.e., during the tax appeal) in addition to responding to many other questions that could imperil their litigation position.

VII. CONCLUSION: DETERMINE WHETHER THE TAX FIGHT IS MONETARILY WORTH THE RISK It is not news to any property owner that real estate taxes will often make up a substantial operational expense for the property, and an improper valuation could cost an owner tens of thousands of dollars a year (or more), among other possible consequences such as loss of potential tenants. However, as previously discussed, the owners involved in construction defects litigation who also initiate property tax appeals need to simultaneously and carefully weigh the impact of the tax appeal 4

Depending on jurisdiction, the appeal is filed with a township assessor, which can then be appealed to the county board of review, and then appealed to the property tax appeal board or the state court, for further review. Property tax appeals are intensely local, and in many jurisdictions normally only allowable within very narrowly scheduled time windows set by each county and township – sometimes the initial filings are all due within a 30-day period that can change from year-to-year. Missing these short filing windows may bar a property tax appeal for the given assessed tax year.

on the defect litigation.

Successfully reducing property valuations can result in lower assessments and thus significant year after year cash savings for property owners. And, while of course paying a large tax bill can also impact a property’s overall economic viability, shouldering the burden of funding construction litigation is likewise not an easy task. The strategic decisions the owners make when facing these circumstances hold significant and lasting monetary stakes for the owners.

Property owners must work closely with their tax and litigation counsels to not only walk the proverbial tightrope of disclosures but also to weigh the economic and legal impacts of pursuing the tax appeal. Even sophisticated real estate professionals accustomed to connecting these economic dots of potential costs and benefits will grapple with weighing the considerations and finding an appropriate balance. The owners may conclude after consultation with counsel experienced in these nuances that pursuing the tax relief will not only be beneficial in the short run but that any potential tax savings as a result may help to fund future or anticipated defects litigation.

Consulting the right counsel and experts can mean all the difference for commercial property owners when tackling all the issues and decisions that need to be made simultaneously – or paced strategically – in both forums.

The Law Offices of David R. Del Re, P.C. celebrated 20 years as a firm on October 31, 2020.

The Law Offices of David R. Del Re, P.C. is a Lake County firm proudly practicing in all areas of Family Law, Traffic and Criminal Defense.

D R D

The Law Offices of David R. Del Re 200 N. Martin Luther King, Jr. Ave., 2nd Floor Waukegan, IL 60085 office 847.625.9800 fax 847.625.9980 www.daviddelrelaw.com

November 2020

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WE ARE GROWING!

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16

info@strategicdivorce.com The Docket www.strategicdivorce.com

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INTRODUCING NEFERTITI M. FRANCE Nefertiti M. France began her legal career in the U.S. Air Force in 1993. She received her Juris Doctor while in the U.S. Air Force in 2006 from Rutgers in New Jersey and retired from the Air Force as a Master Sergeant in 2010. She is admitted to practice in New Jersey (2006), Pennsylvania (2006) and Illinois (2015). She has represented clients in all areas of family law including divorce, child custody, parentage, child support, spousal support/maintenance (alimony), adoptions, orders of protection and guardianships. She is a certified mediator and encourages alternate dispute resolution whenever it can help her clients move forward toward resolution. She is also one of the Lake County court approved guardian ad litems. Nefertiti practiced family law in Illinois for many years as a successful solo practitioner before joining forces with Strategic Divorce in 2020.

Ms. France has extensive experience in handling highly sensitive and volatile cases. Her focus is to obtain the best result for her clients through amicable negotiations and/ or mediation. Although it is her goal to prevent the costly process of litigation, she understands there are some cases that must be litigated. In those cases, Nefertiti is a fierce litigator for her clients.

INTRODUCING ANN LEONE Ann Leone is a Chicago native who graduated from Loyola University with a Bachelor of Science in Criminal Justice and Psychology. She received her Juris Doctorate from the John Marshall Law School. She has worked in various government agencies, including the Department of Children and Family Services and The Cook County Office of the Public Guardian.

Ann comes from a Hispanic family and is fluent in Spanish and French. Her purpose driven nature and multi-cultural background has helped her establish caring relationships with her clients.

Ann has received her certification in Mediation through the Chicago Center for Conflict Resolution. She is committed to helping clients feel like they are in control of their most intimate family problems and guides families towards the most peaceful resolution possible.

She understands there is no winning or losing in Family Law, her goal is to leave every client more satisfied with their family situation than they were prior to her representation.

BE SMART. BE STRATEGIC. BE SUCCESSFUL. November 2020 17 Strategic Legal Counsel When You Need It Most.

The New Workplace Frontier:

An Overview of Employment Law Considerations for Businesses Operating in the COVID-19 Era

N

BY BRIAN S. SCHWARTZ

otwithstanding the sheer number of jobs that haven’t come back, the gradual return of people to work is welcome news to employers and employees who simply want to earn a living. Yet COVID-19’s impacts on workplaces around the globe have been dramatic and will assuredly extend into 2021.

Notwithstanding the sheer number of jobs that haven’t come back, the gradual return of people to work is welcome news to employers and employees who simply want to earn a living. Yet COVID-19’s impacts on workplaces around the globe have been dramatic and will assuredly extend into 2021. With the immediate and ever-changing “new normal” coming more into focus each passing week, forward thinking businesses should stay on top of the many legal, practical, and safety considerations.

Indeed, due to the significant volume of laws and regulations surrounding Brian S. the still tough-to-grasp pandemic, and Schwartz is an experifrequent changes to (and sometimes enced manreversals of) prior guidance and rules, agement-side employers must commit to adapting labor & to staying abreast of these evolving employment standards. This is no time to become lawyer and partner at fatigued or complacent. Don’t let up.

PLANNING AND COMMUNICATION Businesses would be well-served

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to designate an internal team or assigned point person in charge of COVID-19 operating decisions. In addition to allaying as much employee anxiety as possible, a knowledgeable point person assigned to field employee questions and concerns would go a long way toward fostering direct dialogue with the correct message.

Other valuable planning and communication protocols include: establishing business continuity plans to address high absenteeism and supply chain disruption; creating and testing emergency communication channels; training supervisors on nondiscriminatory application of all policies relating to COVID-19; and developing written communications to managers and employees to convey key messages about operations, point persons, policies, protocols and business continuity.

Moreover, managers should reKlein Paull ceive training on how to address emHolleb & ployee questions, and, if necessary, be Jacobs, Ltd., provided scripted or outlined Q&A’s located in Highland Park, Illinois. to respond to questions.

FAMILIES FIRST CORONAVIRUS RESPONSE ACT (FFCRA) FFCRA1 is federal legislation that became effective on April 1, 2020 and is currently scheduled to run through December 31, 2020. FFCRA applies to most businesses with fewer than 500 employees and includes two separate laws: Emergency Paid Sick Leave Act (EPSLA)2 and Emergency Family and Medical Leave Expansion Act (EFMLEA)3.

EPSLA requires employers to provide two weeks (up to 80 hours) of paid sick leave when an employee is unable to work or unable to telework because the employee: (1) is subject to a federal, state or local quarantine or isolation order related to COVID-19; (2) has been advised by a health care provider to self-quarantine related to COVID-19; (3) is experiencing COVID-19 symptoms and is seeking a medical diagnosis; (4) is caring for an individual subject to an order described in (1) or self-quarantine as described in (2); (5) is caring for a child whose school or place of care is closed (or child care is unavailable) for reasons related to COVID-19; or (6) is experiencing any other substantially similar condition specified by the Secretary of Health and Human Services, in consultation with the Secretaries of Labor and Treasury.

Moreover, because employees may take up to two weeks of paid sick leave for any combination of qualifying reasons, tracking leave and the reason(s) for same is key.4 Under EFMLEA, if the employee has been employed for at least thirty days, the employer must provide up to an additional 10 weeks of paid expanded family and medical leave if the employee is unable to work or unable to telework because they are caring for a child whose school or place of care is closed (or child care is unavailable) for reasons related to COVID-19 (same as leave reason (5) under EPSLA).

Time taken under EFMLEA counts against the employee’s

entitlement to twelve weeks of traditional FMLA (nonCOVID-19-related), so if the employee has already exhausted traditional FMLA leave in that period, the employee is not entitled to additional leave under EFMLEA.5 How is FFCRA pay calculated? For leave reasons (1), (2), or (3), employees taking leave shall be paid at either their regular rate or the applicable minimum wage, whichever is higher, up to $511 per day and $5,110 in the aggregate (over a two-week period). For leave reasons (4) or (6), employees taking leave shall be paid at twothirds their regular rate or two-thirds the applicable minimum wage, whichever is higher, up to $200 per day and $2,000 in the aggregate (over a two-week period).

For leave reason (5), employees taking leave shall be paid at two-thirds their regular rate or two-thirds the applicable minimum wage, whichever is higher, up to $200 per day and $12,000 in the aggregate (over a twelveweek period) – two weeks of paid sick leave followed by up to ten weeks of paid leave under EFMLEA.6 Small businesses with fewer than fifty employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern.7 Covered employers qualify for dollar-for-dollar reimbursement through tax credits for all qualifying wages under FFCRA. Qualifying wages are those paid to an employee who takes leave for a qualifying reason, up to the appropriate per diem and aggregate payment caps.

Businesses should determine whether FFCRA applies, and if so, develop FFCRA-compliant written policies. The Department of Labor FFCRA notice should be posted in conspicuous places and possibly displayed on Company intranet or sent to employees by e-mail; HR and other staff should be trained to appropriately handle FFCRA requests and documentation.

Small businesses with fewer than fifty employees may qualify for exemption from the requirement to provide leave due to school closings or child care unavailability if the leave requirements would jeopardize the viability of the business as a going concern

1 2 3 4

Families First Coronavirus Response Act, P.L. 116-127.

Families First Coronavirus Response Act, P.L. 116-127, Div. E, § 5101-5112.

Families First Coronavirus Response Act, P.L. 116-127, Div. C, § 3101-3106.

Families First Coronavirus Response Act, P.L. 116-127, Div. E, § 5102

5 6 7

Families First Coronavirus Response Act, P.L. 116-127, Div. C, § 3101-3106.

Families First Coronavirus Response Act, P.L. 116-127, Div. E, § 5110.

Id. at § 5111.

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OCCUPATIONAL SAFETY & HEALTH ACT (OSHA) Businesses must review up-to-date OSHA guidance for preparing workplaces for COVID-19. OSHA imposes a general duty of care requiring employers to provide a safe and healthy working environment. OSHA can require cleaning and sanitation, screening of employees and on-site visitors, social distancing, appropriate personal protective equipment (PPE), and certain safety measures if someone at work displays COVID-19 symptoms. There is very specific guidance on PPE and other recommended controls categorized by job risk exposure level and by industry. Further, businesses should assess whether to enhance ventilation (e.g., increase air exchange in the building), intensify janitorial cleaning by disinfecting and cleaning workspaces routinely and effectively, develop internal visual markings for queues or lines or places of inquiry (e.g., “stand here”), and cancel or limit business travel.

As with any COVID-19 expression of concern or complaint (internal or external), do not take adverse actions against employees who may be deemed whistleblowers.

Talk to employees who present safety issues to work out a reasonable resolution before matters escalate.

An employee may refuse to work only when all the following conditions are met: (1) where possible, employee asked the business to eliminate the perceived danger and the business failed to do so; (2) employee refused to work “in good faith” (genuinely believed an imminent danger exists); (3) a reasonable person would agree there is a real danger of death or serious injury; and (4) due to the urgency of the hazard, insufficient time exists to get it corrected through regular enforcement channels such as an OSHA inspection.8 AMERICANS WITH DISABILITIES ACT (ADA) Ordinarily, ADA permits medical inquiries and examinations under limited circumstances. Due to COVID19’s classification as a pandemic, businesses now possess more latitude in the questions they may ask and actions they may take to screen employees.

Temperature Screening: Businesses may conduct temperature screening during a pandemic. Centers for Disease Controls and Prevention (CDC) considers a fever to be a temperature of 100.4 degrees Fahrenheit or higher.

The occurrence of a fever does not mean an employee is COVID-19 positive, and the absence of a fever does not mean an employee is negative. However, temperature screening is regarded as a reliable benchmark.

Employer Administered COVID-19 Tests: Businesses may conduct testing to determine whether employees entering the workplace have COVID-19 if testing is “job related and consistent with business necessity” to determine whether such employees may be a direct threat to others.

Equal Employment Opportunity Commission’s (EEOC) updated guidance also confirms that employers who follow CDC recommendations regarding whether, when, and for 8

38 FR 2681, Jan. 29, 1973, as amended at 38 FR 4577, Feb. 16, 1973

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whom testing is appropriate will be considered as compliant with the “job-related and consistent with business necessity” standard. Any employee who refuses permissible testing (or who refuses permissible inquiries, as discussed below) may be denied entry into the workplace. 9 Inquiries: Businesses are generally permitted to ask employees who will be physically entering the workplace whether they have symptoms associated with COVID-19, and any employee who reports symptoms may be denied entry into the workplace. However, employers are generally not entitled to ask symptom-related questions of employees who will be teleworking or who will not be in close contact with co-workers or others while performing their jobs. In addition, EEOC guidance states that if an employer wishes to make inquiries (or impose testing) only on one (rather than all) employee, ADA requires the employer to possess a “reasonable belief based on objective evidence” that the particular employee may have COVID-19. 10 Absences from Work: Employers are always permitted to ask an employee why he or she was absent from work, even if the reason may be health-related. 11 EEOC guidance also confirms that an employer may ask an employee returning from personal travel where he or she has been, and may require that employees comply with quarantine guidance before returning to work depending on the location of their travel.

Duty to Accommodate: If an employee has a physical or mental condition that may be exacerbated by COVID-19, including less obvious conditions like OCD, anxiety, or pregnancy, they may request and be eligible for a reasonable accommodation. Flexibility by businesses is important in determining if some accommodation is possible under the specific circumstances. Businesses should take seriously all requests for reasonable accommodation. Once such request is made, the business must participate in an interactive process to determine the existence of a reasonable accommodation. A business is not required to provide the best or exact accommodation requested, the accommodation need only be reasonable. Refusing to provide any accommodation should only occur if the request presents an undue burden.

Note that a request for an indefinite unpaid leave of absence is likely not a reasonable accommodation under the ADA and parallel Illinois discrimination law. 12 HANDLING EMPLOYEES WHO ARE HESITANT TO RETURN TO THE WORKPLACE Businesses are contending with intricate problems in returning employees to the workplace. Accordingly, businesses must balance their rights against employee rights.

9

“What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws”, U.S. Equal Employement Opportunity Commission, September 8, 2020. Available at: https://www.eeoc.gov/wysk/what-you-should-know-aboutcovid-19-and-ada-rehabilitation-act-and-other-eeo-laws# 10 Id. 11 Id. 12 Id.

Businesses possess the right to recall employees. A generalized anxiety about feeling unsafe going to work is not an acceptable reason to refuse to return to work.

Generally, if an employee refuses to return to work after reasonable notice, the employee can be discharged.

However, against the backdrop of COVID-19, businesses should not brush off employee concerns without, at a minimum, attempting to understand the employee’s issues and engaging in meaningful dialogue to achieve a mutually satisfactory resolution.

Where an employee simply asserts a general fear about being in public or working in somewhat close proximity to their co-workers, explain that your business is following CDC, OSHA, and local safety guidelines to ensure a safe workplace. If an employee raises specific safety concerns regarding your facility (or your client’s) explain why the employee’s concerns are incorrect by providing examples of the safety practices in place. If it appears a safety concern is legitimate and present at the facility, investigate and remedy it as soon as possible. If an employee informs you or your client of an underlying medical condition, disability, or their concerns about protecting a high-risk family member in their household, discuss a reasonable accommodation, if possible.

ONGOING SAFETY MEASURES Considerations to maintain and reinforce social distancing include: (1) limiting workplace occupancy; (2) one-way aisles; (3) placement of tables or other physical barriers to create distance; (4) contactless delivery; (5) placing floor tape to mark six-foot distances; and (6) limitations on break room or elevator usage.

Other workplace safety considerations which may also be mandated by state and local governments include: (1) creating distance between desks and workstations; (2) modifying open floor plans with partitions; (3) making only certain workstations available (e.g., every other); (4) creating touchless entries and devices (possibly eliminating use of touchscreen time recording devices); (5) improving air flow and ventilation; (6) adding signage throughout the workplace setting forth distancing and safety requirements; (7) requiring masks for entry and throughout being present at the workplace; (8) requiring quarantining after personal plane travel; (9) limiting work travel; (10) continuing to hold as many meetings via teleconference as possible; (11) allowing telework as much as possible; and (12) working with employees when they request practical accommodations.

WHEN AN EMPLOYEE TESTS POSITIVE FOR OR LIKELY HAS COVID-19 Pursuant to CDC guidelines13 (current as of the last week of September 2020), an employee who tests positive for COVID-19 or likely has the virus should be isolated 13 “General Business Frequently Asked Questions”, Centers for Disease Control and Prevension, Updated Sept. 14, 2020.

Available at: https://www.cdc.gov/coronavirus/2019-ncov/community/general-business-faq.html

from work and may return under the following conditions: With symptoms: (1) at least ten days since symptoms first appeared; and (2) at least twenty-four hours with no fever without fever-reducing medication; and (3) other symptoms of COVID-19 are improving. Note that loss of taste and smell may persist for weeks or months after recovery and need not delay the end of isolation.

If an employee had severe illness from COVID-19 (e.g., were admitted to a hospital and needed oxygen), their healthcare provider may recommend they stay in isolation for longer than ten days after symptoms first appeared (possibly up to twenty days) and they may need to finish the period of isolation at home. If testing is available in their community, their healthcare provider may recommend they undergo repeat testing for COVID-19 to end isolation earlier than would be done according to the criteria above. If so, the employee can be around others after they receive two negative tests results in a row, from tests done at least twenty-four hours apart.

Without symptoms: if an employee continues to have no symptoms, they can end isolation after ten days have passed since the date they tested positive for COVID-19.

If testing is available in the employee’s community, their healthcare provider may recommend they undergo repeat testing for COVID-19 to end isolation earlier than would be done according to the criteria above. If so, the employee can be around others after they receive two negative test results in a row, from tests done at least twenty-four hours apart.

WHEN AN EMPLOYEE COMES INTO CLOSE CONTACT WITH SOMEONE WHO HAS COVID-19 Pursuant to CDC guidelines (current as of the last week of September 2020), an employee who has been in close contact with someone who has COVID-1914 should stay home for fourteen days after their last contact with a person who has COVID-19.

CONCLUSION While this article contains a high degree of detail and is intended to be significantly substantive, there are important COVID-19 workplace issues, real situations, and hypotheticals that could not be covered. In light of the complexities associated with operating a business in the COVID-19 era, employers should carefully review the terms of state and local orders, as well as new laws and guidelines issued by any level of government.

14 “Close contact” is defined as: (1) being within six feet of someone who has COVID-19 for a total of fifteen minutes or more; (2) having provided care at home to someone who is sick with COVID-19; (3) having direct physical contact with the person (hugged or kissed them); (4) having shared eating or drinking utensils; or (5) someone with COVID-19 having sneezed, coughed, or somehow got respiratory droplets on the employee.

November 2020

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“Zoom Court”: Hints and Tips From The Bench

A

BY JUDGE JAMES SIMONIAN

ttorneys now spend time in front of a computer screen instead of a courtroom bench doing “Zoom court” sessions. In a twist, younger attorneys now seem more comfortable with court while veterans of traditional courtrooms are learning new things every day.

Our Lake County Bar Association has sent Zoom not be obvious to all Bar members. This article intends tips to its members, including “Zoom Training for to remind attorneys of the basics of “Zoom court,” add Attorneys” and has other assistance available on its some helpful hints, and offer some tips to ensure your website. Those tips can help you log on, develop an ac- inevitable Zoom fails are forgettable, or at least quiet. count, and master the basics. But once you are increas- Since, yes, the kids would call some of the fails “epic.” ingly comfortable with the technology, what recommendations are there to make sure EASY SUGGESTIONS we all do our best in “Zoom court”?

1. Mute yourself until addressed.

Judge James Simonian This author surveyed the 40 You do not want to be the person has been an judges of the Nineteenth Judicial who interrupts an entire courtroom. associate judge 1 Your audio (in settings) should be Circuit and asked about each one’s since 2010, and set at “mute my microphone when do’s and dont’s, with examples of is currently joining meeting.” You may wish to helpful conduct and good or bad assigned to the Family Division. do the same with video, too (also in ideas. (The bottom line of most judgHe previously settings) and undo each (at the botes’ frustration: Don’t they remember served in the tom left of your screen) when you’re they’re in a courtroom?)

Traffic/MisdeFrom there, the author compiled meanor and some little and big things that those Civil Divisions, and formerly worked 1 That’s especially true when you forget in the Lake County State’s Attorof us who merely aspire to technothat an entire courtroom can hear your ney’s Office and in private practice. logical mediocrity can do to help our audible frustration with an aspect of your He is also a member of The Docket Zoom login. I’ve actually had to mute atZoom presentations. None of the editorial board. torneys whose uncensored excited utterfollowing is complicated, but it may ances were better left unheard.

22 The Docket

ready to be seen and heard. Besides, you may prefer that an entire courtroom does not see you quietly work at your desk when you know your case won’t be called for awhile.

2. Ensure you’re identified on Zoom as an attorney with your name, client’s name and (the Clerk will add) case number(s). In most courtrooms, that will give you a priority. It will also help the judge and clerk to continuously identify you, as multiple Zoom boxes of litigants invariably move when litigants join or leave.

3. If you haven’t done this before, check beforehand that your video and audio are working. You may wish to double-check the height of your Zoom camera and the background everyone in “court” sees. Virtual backgrounds are fine yet may wash out something you put on the screen.2 A trial run with someone else at the office is worthwhile.

4. Dress appropriately since you are in court. Some judges dislike anything but a shirt and tie, i.e., professional attire, and discourage eating or smoking, so know your courtroom.3 Again, court rules have not changed. There’s a reason why the phrase “Zoom shirt” has entered the American lexicon. Having several with a few ties or their appropriate equivalent near the office computer is so easy, there’s really no reason not to be dressed for court.

5. Remember to click “Leave” when finished or a courtroom will see and hear you unfiltered after you think you’ve left the meeting. 4

Ensure you know how your courtroom calls its cases, realizing that, for example, the Family, Traffic, and Civil courtrooms will work quite differently. Usually, one person calls the case, and whether it’s the judge, clerk, or a prosecutor, ensure you’ve checked in appropriately. Knowing and acting upon that one question will save you time, sometimes hours.

The Zoom login numbers and passwords for the courtrooms are updated regularly on the Circuit’s website, currently at http://19thcircuitcourt.state.il.us/2163/ Remote-Court-Hearings.

There is also the failsafe “call in” phone number which suffices for certain courtrooms. (Obviously, certain courtrooms and court procedures may require video, especially if it’s the finalization of the case.) Sometimes the phone number is a savior if it’s a routine matter and your or your client’s technology is acting up. If your practice puts you in certain courtrooms regularly, you may wish to have this listing next to your and your secretary’s computer. The meeting ID, password, and phone number should be sent to your client as well.

Also, two devices close to each other logged into the same courtroom at the same time can interfere with each other and cause static, so either one person should log off, or one person should move.

If the computer or phone you’re using sounds a notification when you get an email (or anything else), either disable that sound or use a different device.

Nobody else wants to know you just got an email or the neighbor is walking his dog in front of your Ring doorbell—especially when you’re talking on the record.

Some of us hear this almost daily in court.

If there’s an interpreter involved, remember virtual interpretations are a bit different. In person, we in Lake County had been spoiled with so many good interpreters who can translate while we are talking.

That seamless, simultaneous interpretation now gives way to consecutive interpretation on Zoom, or translation after the speaker is finished. Talking in shorter, succinct sentences and waiting for the interpreter to finish, will make things far smoother.

In a high-volume courtroom, it’s naïve to think you’ll be able to negotiate with an attorney like in-person court. That, unfortunately, must be done beforehand, privately, or on another day.

Remember to rename yourself and remind your client to do the same. If the device being used lists only the device name, change the name for court. “Galaxy 10,” “iphone6,” or just the user’s phone number do not

Several judges cited the litigants’ presence in moving cars as the single most irritating habit of Zoom court participants

MORE NOT-SO-OBVIOUS SUGGESTIONS Use the “Chat” function with the Clerk or, sometimes, with the opposing attorney. It’s proven invaluable for courtroom case management. Still, don’t “chat” with social greetings for the entire courtroom to see.

With some courtrooms, the first thing an attorney should do is “chat” with the Clerk if they’re ready or going to another courtroom. And certainly don’t “chat” privately with the judge. Res ipsa loquitur.

2 3 4

The same virtual background that’s great with friends may not work professionally (and vice versa).

Some of us in Family Court are thrilled with pretty much anything concise and civilized.

One attorney forgot to do so and others saw him change completely out of his “Zoom shirt.” Another forgot and could be seen on the treadmill until the judge put the attorney back in the “Waiting Room.” This author has heard more than one attorney, who forgot to press “Leave,” talking with a client until “mute” and “Waiting Room” could be pressed. One conversation was so contentious it caused an audible gasp with the rest of the courtroom until muted.

November 2020

23

show who is present. Be assured this is a time-saver, since cases without names tend to be called later since only those known to be present are called first. Some attorneys in branch court have not met their clients first, so renaming is essential. 5 Nearly every day, this author sees people while they are riding in cars--not just parked in cars near the courthouse because they didn’t know court was by Zoom and would be discouraged from entering. Several judges cited the litigants’ presence in moving cars as the single most irritating habit of Zoom court participants. Some are actually driving and talking with the court, including attorneys. That’s not only dangerous, but some actions are actually illegal. 6 Also, a surprising number of litigants like walking with their devices while in court. When screens of dozens in volume courtrooms includes several walkers, it can be dizzying to watch, not to mention distracting. And I’m not even driving.

YOU ALREADY KNOW THIS, BUT …

It bears repeating: remember the professionalism you showed before the pandemic. Several judges lamented about the increased informality and lack of professionalism during Zoom court. An attorney should address litigants and fellow attorneys the same way as before Zoom – just because your courtroom is electronic doesn’t mean you suddenly start to call another attorney by his or her first name. And (for most of you, most of the time), you’re in front of your client – one of the reasons you’re being paid like a professional is to act like only professional attorneys know how to act. Your client appreciates your professional demeanor.

While you’re remembering to act professionally, some clients need to be reminded they’re in a courtroom. Some have actually been in bed and dressed for bed, not court. And not alone while in bed for court.

Some clients need to be reminded they must look appropriate for court … and it’s not that tough to do.

Your clients may benefit from ensuring they know how to “go to Zoom Court” ahead of time. Every day I get at least one email from Zoom telling me a litigant “checked in” to court hours or a day ahead of time, assuredly to know they’re doing it right. They’re simply going through the steps of something important to them and ensuring as much as possible that their de5

6

Also remind your clients to refrain from nicknames when naming or renaming themselves on their device. While some nicknames are just fine for social life, they appear strange in court. Nicknames I’ve seen or heard about such as Jazzy’s phone, The Man, Queen B, Skit P, The Rock, “Big Daddy”, etc. just don’t look right. But even a non-Duke fan like this author smiled at one guy who went by “Coach K.” See 625 ILCS 5/12-610.2. (Nah, I wasn’t distracted by anything while driving - I was only talking with the judge in open court.)

That’ll go over well … when you explain it in open traffic court.

24 The Docket

vices work. Obviously, this helps prepare ahead for any missteps.

Also, remind the client to click “Leave” before calling you. That way the courtroom doesn’t hear the client say anything, especially a conversation with his or her attorney. 7 Be prepared for the possibility that you may get a call while in court. But just like resisting a polite “hello” to a juror in the hallway, you can’t answer your phone while in court. (Remember, I’m getting these suggestions from judges in Lake County who’ve encountered this.) Please remind yourself that you’re in court (and have voicemail). Similarly, you can wait to say “hello” when a coworker walks by. They’ll get over it, just like the jurors we’ve ignored in hallways our entire careers.

SOME MEDIATION NOTES Some other tips come to us on mediation from retired Lake County Judge and certified mediator Michael Fusz. He reminds us to schedule a brief practice session alone with attorneys a day or two ahead to confirm connectivity and that the microphone and speakers work well, since they’re not used as often as a courtroom. Fusz also points out that the practice session allows the parties to test out breakout rooms to ensure a client could be heard and that nobody else could hear an attorney talk with a client. The preparation must include phone numbers for everyone to ensure their participation or backup plan for last-minute issues.

A FEW TRIAL ISSUES Share screen with documents is tough. Instead of trying to Share Screen, one judge has litigants physically mail him and the party opponent proposed premarked trial exhibits, which has worked well. If you use Share Screen, practice it before the actual proceeding so you’re accustomed to it. Some attorneys don’t know how to use it and can’t use required exhibits.

Further, while a witness may need his memory refreshed, one must guarantee no litigant’s memory is being refreshed without proper foundation and permission. In a physical courtroom, a witness refreshing his own memory with paper would be seen and a contemporaneous objection would be heard. This author had a witness who openly did so until admonished and the foundation was laid.

Moreover, the technological device used for the Zoom court appearance essentially cannot be used for anything else, like a computer which may be needed 7

While not necessarily at the heart of privilege, the courtroom (like mine the other day) shouldn’t hear your client say to his attorney “You saved my a--, bro” after his court session ended but he forgot to click “Leave.” The judge cannot click “mute” and put him back in the “Waiting Room” quickly enough.

for documents during court. This simple fact serves as a reminder to download anything needed beforehand.

A FEW MORE FAILS For some reason, people far more often forget to put on presentable clothes. As one judge wrote, “No shirt, no service.” More than one judge noted men who forgot that rule. A marked increase of baseball hats is also evident.

Other attorneys have been known to eat during the court proceedings. One actually licked his fingers during the pretrial. Refraining from food during a non-mealtime court event is encouraged.

One self-represented litigant forgot that her camera was on and court is in session even if nobody is talking. While waiting for her case to be called, she walked to the back of her room, removed her shirt, put on a bra, put her shirt back on, and came back to the computer and sat down. She was mortified when the judge reminded the courtroom that the proceedings could be seen by everyone and were on “You Tube.” Oh, this really happened in Lake County.

The worst involve rest rooms. Yes, there is a mention of “rest rooms” in an article involving, essentially, a camera in a courtroom. This author saw one gentleman logged into Zoom from a bathroom. With video.

A public bathroom. Luckily, nobody else was in it, but, still. By the way, it even failed the test of pragmatism.

The Zoom reception in a public restroom isn’t good,

a fact one wouldn’t have thought would be confirmed when we started this.

The worst of all? Another litigant who didn’t know her surroundings. In juvenile court once, the mother of a litigant wanted to ensure her son did not miss his case being called. When his case was called, the mother went to get her son. She announced to the courtroom her son was in the bathroom. Using it. Seated or standing is unconfirmed, but his bathroom function wasn’t just to wash his hands for 20 seconds. The judge put them in the waiting room so she could do other court business while the juvenile finished his business.

The judge did have to remind them of their virtual surroundings and to aim the device’s camera elsewhere, while the courtroom’s attorneys and other staff lost their poker faces.8 In closing, like visitors to another country whose stay was extended, being fluent at this foreign language of Zoom may be out of the question, but being conversational may prove vital. And always remember the advice given by Aaron Burr to the famous namesake of “Hamilton”: Talk less. Smile more. It’s more important than ever in Zoom Court.

8

We don’t have kings, so it is expected nobody will be “on the throne” during a court meeting.

AWALC HOLIDAY EVENT Saturday, December 5, 2020

10AM - 2PM

1512 Artaius Parkway in Libertyville (parking lot) Join us for hot chocolate, coffee, treats, and giveaways!

We are collecting monetary donations for

Youth Conservation Corps. and in-kind donations for Lake County Veterans and Family Services Foundation.

AWALC will match the first $1,000 in monetary donations received!

November 2020 25

Foundation & Committee Minutes LAKE COUNTY BAR FOUNDATION BOARD OF TRUSTEES MEETING SEPTEMBER 15, 2020 IN ATTENDANCE:

BY ZOOM: Joann Fratianni Perry Smith Amy Lonergan David Gordon Douglas Dorando Nick Riewer Rick Lesser John Quinn Jennifer Ashley Shyama Parikh Tara Devine Kristie Fingerhut Melanie Rummel Keith Grant

BY PHONE: Hon. Fred Foreman (Ret.) Nandia Black Ken Glick Hon. Henry “Skip” Tonigan (Ret.) Joe McHugh Also in attendance: Dale Perrin, Executive Director, LCBA. I. CALL TO ORDER: The Meeting was called to order by President, Nick Riewer at 4:02 p.m.

II. APPROVAL OF MINUTES: The Minutes of the Meeting of August 18, 2020 were presented for approval. Motion to approve was made by Amy Lonergan and seconded by Nandia Black. Motion carried.

III. TREASURER’S REPORT:

26 The Docket

A. STATUS AND BALANCES OF LCBF ACCOUNTS: The Dues Check-Off has resulted in donations totally $15,500. There are 75 to 100 members who have not renewed their dues to date.

There has been an increase in the building fund as well as the Veteran’s Court fund.

There has been a decrease in the TIM Court fund due to some expenses.

We have completed payment on the first promissory note for the building renovation and it has now been retired. There were some expenses paid by the LCBA for mulch as well as some patching to the roof which we will reconcile with them as part of our cost sharing agreement. A Motion to approve the Treasurer’s report was made by Ken Glick and seconded by David Gordon.

Motion carried.

B. WARRANT/APPROVAL OF EXPENSES PAID: The Board was presented with $4,841.64 in expenses for August, 2020 requiring approval.

Motion to approve the expenses was made by Amy Lonergan and seconded

by Skip Tonigan. Motion carried.

IV. CONTINUING BUSINESS: A. PROPERTY TAX EXEMPTION: The Lake County Assessors Office in September, 2020 recommended to the Illinois Department of Revenue that we be granted tax exempt status. A special

thank you to Amy Lonergan and Ken Glick for their work on the paperwork.

B. ON-LINE ART AUCTION: We have sold 96 canvases for our on-line auction along with 5 sponsorships to date. The Art Work is due on October 26 and the on-line bidding will begin on November 2.

C. LCBF BY-LAWS COMMITTEE: The By-Laws Committee will be discussing proposed revisions for Sections 4, 5 and 6 at the next by-laws meeting. It should be noted that the “Purpose” Article will be reviewed at the end as the Committee felt that would require some special attention.

delion Art Gallery which has expressed interest in using their Art for another online auction or in person Gala with at least 25% of the proceeds to be donated to the LCBF. There are numerous pieces of Art with prices as low as $25.00.

Motion was made by Doug Dorando and seconded

by Joe McHugh to open up negotiations with the Dandelion Group without committing to a specific date. Motion carried.

V. NEW BUSINESS: A. 2019 TAX RETURN: The 2019 tax return has been included for review by the Board. Motion to approve the tax return was made by Amy Lonergan and seconded by David Gordon. Motion carried and the tax return will be filed electronically.

B. CAPITAL IMPROVEMENT FUND: There was a discussion to develop a fund to pay for building repairs such as replacing the back door, repair of the roof and also the carpeting in Unit C. The Board suggested that estimates for the door and the roof are needed before we decide to authorize those repairs.

C. DANDELION ART AUCTION: Joe McHugh and David Gordon met with the Dan-

Respectfully submitted, Joann M. Fratianni Secretary

VI. ADJOURNMENT: A Motion to adjourn was made by Doug Dorando and seconded by Rick Lesser. Motion carried and the Meeting adjourned at 4:38 p.m.

October 14, 2020 _______________________ CIVIL TRIAL & APPEALS COMMITTEE MEETING VIA ZOOM OCTOBER 4, 2020 VIA ZOOM Meeting commenced at 4:07 p.m.

Introduction of speakers, Judge Ortiz, Judge Johnson, and Judge Berrones TOPIC OF DISCUSSION: PERSPECTIVE FROM THE BENCH: ZOOM COURT 1. Case management conference/status dates a. Judge Ortiz

pointed out that he now requires a subsequent 218 conference on track 1 and 2 cases, whereas before it was only on track 3 cases.

2. Motion hearings 3. Evidentiary hearings 4. Pre-trials 5. Settlement conferences a. Same requirements to have all persons with authority “present” with video on for zoom.

Judge Ortiz has had great success with conducting settlement conferences via zoom (settled all but one).

6. Bench trials a. Judge Johnson and Judge Betar commented that it is important for exhibits to be mailed ahead of time. b. One limitation is not knowing if a witness is being coached by someone off screen. They have not run into that issue yet.

7. Jury trials – Judge Berrones a. One day, 6-person jury trial on a small claims case with a rejected arbitration award. b. Jury selection took 50 minutes. c. Spoke with jurors after the trial and they felt comfortable and safe with the procedures put in place. d. Although not utilized in his trial, display of exhibits on the TV screen would not have been possible due to space limitations. e. Masks worn at all times with the exception of witnesses on the stand and lawyer examining the witness. f. Explained options for future, larger cases, to utilize the tower court rooms or possibly Park City Branch Court.

During the meeting,

those in attendance asked questions of the Judges and made comments.

Next meeting will be December 9, 2020 via Zoom. (November 11th is a court holiday).

Meeting adjourned at 5:00 p.m. _______________________ CRIMINAL TRIAL COMMITTEE MEETING MINUTES OCTOBER 13, 2020 VIA ZOOM Meeting called to order at 12:15 p.m. by co-chairs Sarah Raisch and Kevin Berrill, 19 members present.

Preview of upcoming Virtual Criminal Law Seminar • Explanation of format, which will be a weekly, lunchtime, serial seminar with 60- to 90-minute sessions • Explanation of anticipated topics • Invitation for speakers and topics • Cost TBD Discussion led by Sarah re: possible opportunities for the Committee to be involved with legislative actions.

Invitation for docket articles Discussion re: upcoming social functions, particular in conjunction with seminar Discussion led by Keith Grant re: Art w/ a Heart fundraiser Encouragement by Kevin to attend 10/16/20 virtual demo of new case management system Meeting adjourned 12:30 p.m.

CONTACT THE LCBA OFFICE FOR PRICING. (847) 244-3143

Respectively Submitted by Kevin Berrill, Committee Chair

November 2020 27

Board of Directors’ Meeting Thursday, August 20, 2020 ACTION ITEMS: 1. Consent Agenda: a. July Minutes – P3 b. July New Members – P6 Motion to approve, Motion passes.

2. Treasurer’s report: a. July 2020 Financial Report – P7. Update from the treasurer on budget: Accountant Report and Administrative Increases discussed.

OLD BUSINESS: 1. Real Life Program Update: Update on registrations and discussion on income. Real Life Video officially launched, marketing of program discussed.

2. Integrated Case Management System: Update.

3. Candidate Forum Update: Update – P19 Logistics of electronic/ zoom candidate forum discussed.

NEW BUSINESS: 1. Social Media Subcommitee: Introduction of new committee, leadership and purpose.

Katharine Hatch chairing

28 The Docket

The

Meeting Minutes

BY KATHARINE S. HATCH SECRETARY

committee and Instagram page discussed.

2. Email Communication to Membership/Committees: In addition to information in the weekly E-News, how many additional emails should be sent to committees or the entire membership to remind members of events and committee meetings? – P20 3. Courthouse Access Pass: Discussion regarding advocating for reduced screening for member attorneys with a pass (Tom Gurewitz’s letter) – P27 4. House Bill 5811: Gary Schlesinger letter dated July 27, 2020 (Just informative) – P29 5. Gatherings During COVID 19. All LCBA events will be virtual until further notice.

6. Pro-Bono Awards Luncheon Speaker – P31.

Looking for nominees.

7. Shredding Company – P32. New shredding company hired: Paper Tiger.

8. Purchasing Addresses – P33. Membership email address list discussed.

OTHER MATTERS: 1. LCBA/LCBF Joint Sub-Committee. Joint meeting of executive boards of the LCBA and the LCBF discussed.

2. Committee Updates: Contact your assigned committee chair for a report. Judicial Selection and Retention Committee update including discussion of applicability of new bylaws.

3. Executive Director Report: None.

4. Executive Session Held: Moved into Executive Session at 1:03 pm.

Adjourned Executive Session at 1:13 pm.

Motion to adjourn: Motion made at 1:14 p.m Next Board Meeting: September 17, 2020

BOARD MEMBERS PRESENT Hon. Patricia Cornell President Joseph Fusz First Vice President Tara Devine Second Vice President Kathleen Curtin Treasurer Katharine S. Hatch Secretary Stephen Rice Past President David R. Del Re 2018-2021 Director Thomas A. Pasquesi 2018-2021 Director Dwayne Douglas 2019-2022 Director Daniel Hodgkinson 2019-2022 Director Craig Mandell 2020-2023 Director Hon. Jacquelyn Melius 2020-2023 Director Dale A. Perrin 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

November 2020 29

Artwith a

Heart

LAKE COUNTY BAR FOUNDATION

Bid Often and Bid High!

T

his is the month! The month of the Lake County Bar Foundation’s biennial fundraising gala. Okay, so due the unremitting COVID-19 pandemic we are not actually having a gala. Instead, we have developed a unique and fun online art auction called Art With a Heart.

What makes this art auction so unique is that all of the art has been created on 8” x 8” canvases by our members, our family members, local prisoners, residents in local rehab facilities like The Bridge House, and local artists active with the Waukegan Arts Council and the Art Impact Project.

30 The Docket

In the

Director’s Chair

Online bidding on the art pieces is open through November 20. Visit the LCBA/LCBF website or go directly to: https://charityauction.bid/LCBFArtWithAHeart to view the gallery of art and bid on your favorite pieces. In order to bid on any piece, you are required to register or create an account which includes entering a credit card. If you choose not to bid or are not the winning bidder on a piece, your card will not be charged. The opening bid on all pieces begins at $25 and increases by $5 increments.

Proceeds from the Art With a Heart will benefit Waukegan to College, the 19th Judicial Circuit’s

BY DALE PERRIN EXECUTIVE DIRECTOR

Self-Represented Litigant’s Program and the Art Impact Project. See my October Docket article for details on each of these worthy organizations and why they were selected as this year’s benefactors.

Your participation is encouraged to support these organizations, the Lake County Bar Foundation and all of our outstanding local artists (all artwork has been donated and no artist has been or will be compensated for their art, other than the fame and recognition they receive). So Bid Often and Bid High!

Here are just a few of the amazing art that is available to bid on:

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Call us at (312) 379-2000 or visit us online at ISBAMUTUAL.COM/APPLY.

(312) 379-2000 | ISBAMUTUAL.COM

November 2020

31

Visit the LCBA Website lakebar.org

Monthly

Committee Meetings

DAY

Bar

Bulletin Board

OFFICE SPACE FOR RENT Size can vary from 100-1000 square feet Parking Available Beginning 11/1/20 16 N. West Street Waukegan, IL 60085 Call: 847-336-7373

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 3rd Thursday 3rd Thursday

To place an ad or for information on advertising rates, call (847) 244-3143

32 The Docket

As Needed

Debtor/Creditor Rights Employment Law

• RSVP to a meeting at www.lakebar.org.

• 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.

November 2020

33

300 Grand Avenue, Suite A Waukegan, IL 60085 Tel: 847-244-3143 Fax: 847-244-8259

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