DuPage County Bar Association

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Executive Benefits and Divorce

Focus on various executive employee benefits and how those should be thought about in divorce proceedings. The focus is on how equity benefits, deferred compensation, and perquisites work, and how they should be thought about in terms of maintenance and child support.

Preparing for and Participating in a Successful Mediation

Address selecting the case that is ripe for settlement, determining the correct timing for settlement discussions, and preparing the case, your client, and yourself for a successful mediation. Also cover best lawyer practices when participating in a mediation.

Defenses to Involuntary Nursing Home Discharges

Residents of nursing homes often find themselves being evicted without understanding the basis of the eviction or how to appeal the eviction/discharge. Learn the steps nursing homes must take before they give notice of an eviction, how to identify deficiencies in the discharge notices, how to appeal a nursing home discharge and defenses to a nursing home discharge due to nonpayment or safety issues. Also learn practical tips about how to prepare a defense to a nursing home discharge case and evidentiary hearing practice tips.

Financing Instruments and Perfection

This program provides an overview of what is required for a lender to create a security interest in property of the borrower that is being given as collateral to secure a loan, how to properly perfect such security interest, and provide real-life examples of scenarios where problems arise in the creation or the perfection of the security interest.

Why You Should Choose a Corporate Guardian in Guardianship Proceedings

Focus on the benefits to using a corporate Guardian of the Estate in Guardianship proceedings including an overview of how a corporate guardian of the estate approaches and executes its duties under the guardianship provisions of the IL Probate Act. The presenters also discuss relevant statutory provisions and case law, as well as practical tips for guardianships in DuPage County, touching on unique aspects of guardianships in other nearby jurisdictions. Finally, roles of Guardian of the Person and Guardian Ad Litem, as well as the overlap with decedents' estates and trusts are outlined.

The Law of the Neighborhood

As more and more land is developed, there will undoubtedly be more and more intrusions into our personal air space. These intrusions might even develop into clients knocking on attorneys' door, complaining about their neighbor. Dick Bales has amassed and researched several lesser known but still important areas of Illinois law, but all under an umbrella that might be called, "Neighborhood Law." These topics include: party walls; retaining walls; easements for light and air; private streets; covenants; drainage rights; and possible defenses to adverse possession, all which can be grouped as "The Law of the Neighborhood".

A “Pot Of Gold”: Navigating The Administration of Tangible Personal Property

This program provides insight from a corporate fiduciary’s perspective on one of the most overlooked yet most common asset class in a probate or trust administration. While this asset class is typically not a large percentage of the gross estate, it can require a substantial amount of time in its administration as well as provide for significant risk to the fiduciary. Drafting considerations will be discussed so that planners can work to manage that risk and cost of administration.

Dividing Retirement Plans: How to Avoid Malpractice and Other Tips

This program gives practical advice on how to draft settlement agreements to ensure your clients receive all of the retirement benefits they are entitled to. It will also provide tips on how to avoid malpractice claims and provide information regarding certain retirement plans that you might not know.

Recent Trends in Youthful Offender Sentencing

Focus on the issues encountered in sentencing youthful offenders in criminal court, including recent Supreme Court cases Miller v. Alabama, People v. Buffer, and the many resulting cases interpreting the sentencing of juvenile and young adult offenders. Also included is a discussion about the statutory amendments made to the criminal code as a result of Miller, issues with youthful offender early parole, truth in sentencing, as it applies to juveniles and other related issues.

Suing and Settling Cases with People Who Have Died

How do you resolve a civil case when the plaintiff or defendant to that case dies? This program answers that question by providing an overview of the probate court process, how that process intersects with civil law, and what must be done to pay out a civil settlement to a probate estate.

The Ethics of Legal Technology

The Illinois Rules of Professional Conduct recognize that part of a lawyer’s duty to maintain competence includes keeping abreast of the benefits and risks associated with relevant technology. This segment examines this ethics requirement and provides an overview of what attorneys must do in order to comply. The segment focuses specifically on computer security, cloud technology, and other major current risks associated with the use of technology in the practice of law. Examine the issue of cybersecurity and try to provide a baseline for how best to interpret the standard of “reasonability” under the Rules of Professional Conduct and ISBA Professional Conduct Advisory Opinions on electronic information and security. The second half of the program includes “deep dive” a systematic review of a comprehensive computer security checklist for lawyers. Attendees should leave with a broad understanding of fundamental computer security concepts and a practical framework within which to apply these ideas throughout your devices and networks.

Special Needs Trusts 101: The Fundamentals of Special Needs Planning

Learn basic concepts of special needs planning including the following: Differences between first party and third-party special needs trusts, when special needs planning is appropriate, practical drafting tips, potential pitfalls, and how to handle unexpected inheritances. There is also a brief overview of Social Security’s Program Operations Manual System (POMS).

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