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1 Thank You to the Sponsors of Clambake 2014! Clubhouse Sponsor: The Trust & Investment Group of Alpine Bank Beverage Station Sponsor: IICLE First Hole Sponsor: Alcohol Monitors of Illinois August August Volume DXCIX DCII Number 8 Hole Sponsors BMO Harris Broadmoor Agency CourtCall Midland Financial Minnesota Mutual Lawyers Insurance Riverside Community Bank Rockford Bank & Trust Title Underwriters Agency WIPFLI The Magazine of the Winnebago County Bar Association

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3 PRESIDENT S PAGE-AUGUST 2014 Page 1 BY CHARLIE ALEXANDER Clambake, part 2 the Afterglow I heard from many of you after my last column and was happily surprised that so many people actually read it. I really appreciate the positive feedback. As an added bonus, two or three people mentioned that they would be attending the Clambake based in part on the article. The festivities began with Thursday night s Firewatch event, held this year at the Lombardi Club overlooking the Rock River. The weather was perfect and downtown Rockford seemed to be hopping that night. Just to the south, the Prairie Street Brewhouse had a very large crowd for their weekly Dinner on the Dock and the Verdi Club was hosting a large fundraiser a block or two to the north. We had a fantastic turnout, so our group fit right in. In fact, it seemed to me we had one of the largest crowds we have had in several years at that event. As usual, there were perfectly grilled steaks for those so inclined, and plenty of refreshing libations. We had what turned out to be a competitive series of bags games leading to one Game of Thrones fan demanding trial by combat, wildly confident her designated champion would emerge victorious. Thank God that went no further. Even in the abstract I did not want to find out if she was right. To top off the night, we enjoyed a great fireworks show over the river. Ok, the show actually was part of the Verdi Club fundraiser, but what the heck, it worked out to be a fortuitous addition to our party. The next morning golfers were greeted at Rockford Country Club with optional bloody marys before heading out to the scenic and very well-maintained course. A couple guys in my foursome appeared to be shaking off some cobwebs but luckily none of us is too serious and we managed to finish without injury. The club provided a delicious lunch and dinner and Brad Koch handed out some great prizes, with the help of his lovely and talented assistants, Shauna Gustafson and Erin Hannigan. Over the course of the day I heard only positive comments and everyone seemed to enjoy it thoroughly. I call it a success. Certainly the golf, food, drink, fireworks, etc. were enjoyable, but the real success lies in the mix of lawyers who participated. I noticed it especially on Thursday night and was excited to see such a wide range of ages and practice areas. I counted at least five of our local judges and talked with a number of some of our more seasoned members of the bar. I also met several younger attorneys and was excited to see so many of them involved. They brought a great energy to the event and I hope it represents a continuing trend for all WCBA events, from Trivia Night to the holiday party to the winter gala to the regular membership meetings and everything in between. For any of you practicing in firms, particularly the larger ones, please support and encourage your younger associates to get involved early and often. Finally, in addition to those named above, I would be remiss if I did not thank Holly for all of her work to coordinate these events and keep them running smoothly, as well as David Gill, Nick Meyer, Laura Baluch, and Susan Dillon for all of their efforts on the committee. Finally, thank you to our Clambake Ambassadors Shauna Gustafson, Erin Hannigan, Jocelyn Koch, Tamika Walker, Ali Leonard and Joshua Nathan for keeping everyone adequately hydrated. Mark your calendars for next year on the last Friday in July. Charlie Alexander is a partner in the firm of Cicero, France, Barch & Alexander and primarily concentrates his practice in Family Law. A graduate of Northern Illinois College of Law, he was admitted to the bar in Illinois in He is the President of the Winnebago County Bar Association. 200 Thousand Attorneys Trust CNA CNA Trusts Pearl Insurance CNA is the largest writer of Lawyers Professional Liability Insurance in the nation. Rated A (excellent) by A.M. Best, and offered exclusively through Pearl Insurance, our program offers attorneys the most comprehensive and reliable plans the market has to offer. We re here to meet your needs. One or more of the CNA companies provide the products and/or services described. The information is intended to present a general overview for illustrative purposes only. CNA is a registered trade mark of CNA Financial Corporation. Copyright 2013 CNA. All rights reserved. Pearl is the exclusive agent for CNA LPL in IL. pearlinsurance.com/lpl

4 Staying local has its benefits. Investment expertise is closer than you think. Being locally owned and operated means our customers get one-on-one attention and have access to the people who make decisions. In fact, contrary to most banking institutions, we re focused on being the best at what we do not the biggest. It s a focus that s served our clients well. We re able to provide Wall Street caliber products and services with the personal touch of Main Street. Your investments and trust are well placed with Alpine Trust & Investment Group E. State Street, Rockford S. State Street, Belvidere Investment and insurance products are: not deposits of Alpine Bank, not FDIC insured; not guaranteed; and, may be subject to investment risk, including possible loss of principal.

5 WCBA REPORTING Page 3 CALENDAR AUGUST Being treated unprofessionally? 21 Young Lawyers Happy Hour-J Bears 5:30 p.m. Have you witnessed 26 Board of Directors-Noon Bar Office unprofessional behavior? 29 Bar Office Closed Seventeenth Circuit Court SEPTEMBER Peer Review Council 1 Bar Office Closed Hon. Gerald F. Grubb Book Club Meets-Fantsy Life Matthew Berry Roberta Holzwarth Young Lawyers Shrimp Bake Volcano Falls Hon. Frank Martinez Diversity Committee-Noon Bar Office 16 Rockford Public Schools Academy Expo 8:00 Azhar Minhas a.m. to 3:00 p.m. Keith Morse Lunch & Learn-Noon Bar Office-Jim Brun will Frank Perrecone present on Deferred Prosecution. Optional Contact one of the above council members to report any Pizza and Salad Lunch, $ hour MCLE Credit to WCBA Members. conduct believed to be in conflict with the Seventeenth 23 Board of Directors UPCOMING BOOK CLUB TITLES Circuit Court s Statement of Professional Aspirations. Reports are confidential! For more details, please visit September 3-Fantasy Life Matthew Berry the Peer Review Council section on the 17 th Circuit s October 1-Fear Gabril Chevallier November 5-Toxic Charity Robert D. Lupton website: Read the book, bring your lunch and join the VOLUNTEER LAWYER HONOR Book Club for discussion at Noon these dates. Everyone is welcome! ROLL DR/LAWYER SOFTBALL GAME AUGUST 22, 2014 We want to acknowledge and celebrate the involvement of private attorneys in the delivery of legal The Dr. vs. Lawyers Charity Softball game will be held on services to those who cannot afford legal assistance. On August 22, 2014 at 3:00 p.m. at Aviator s Stadium. If you wish to play, contact Barb Niven at or behalf of Prairie State Legal Services, Thank You to THE LAWYER WANTS YOUR SUBMISSIONS the following attorneys who accepted a new case in the 2 nd quarter of 2014: Brian Hart 4 Cases, Brian Larkin, Constance Augsburger 2 cases, Adam Fleming, Meghan The Lawyer is the monthly publication of the Winnebago County Bar Association. This year we are actively seeking submissions from the membership of any interesting or amusing articles. Take an interesting trip? Read a good book? Have a practice tip to share to share with the membership? Submit your articles to as a Word or WordPerfect attachment and we will publish your work on a space available basis. The deadline is the 15 th of the month prior to publication. Bolte, Oliver Nelson, Meg Augustine 6 cases, Rolf Thienemann, Karla Nieman, Adam Long, Joseph Olsen, Steven Zimmerman & Nancy Schilling. Although we have many dedicated volunteer attorneys, recruitment efforts continue in an attempt to involve additional members of the Bar Association in the Volunteer Lawyer Program. Please consider assisting those in our community that are most in need of the legal support only an attorney can provide. Contact Wendy Crouch, VLP Coordinator at or by phone at for more information.

6 SUPREME & APPELLATE COURT REVIEW Page 4 CRIMINAL UNITED STATES SUPREME COURT United States v. Hinton, No (February 24, 2014) (Per Curiam) Ineffective Assistance of Counsel The Supreme Court granted cert and remanded for further proceedings, interpreting the first prong of Strickland. In so doing, the Court held that "[a]n attorney's ignorance of a point of law that is fundamental to his case combined with his failure to perform basic research on that point is a quintessential example of unreasonable performance under Strickland." In this case, counsel erroneously believed that the State had a $1000 cap on fees for experts, which it did not. Because no lower court had evaluated the prejudice prong of Strickland, the Court remanded for that determination. ILLINOIS SUPPREME COURT People v. Clark, 2014 IL (March 20, 2014) (C.J. Garman) (Kane Co.): Wiretapping The Supreme Court granted the State's PLA to determine whether section 14-2(a)(1)(A) of the Illinois wiretapping statute-which makes wiretapping without the consent of both parties a crime-was constitutional-that is, whether it met intermediate scrutiny. (The defendant had recorded several calls between himself and his attorney, as well as conversation between himself and a judge.) The Supreme Court affirmed, concluding that section 14-2(a)(1)(A) of the Illinois wiretapping statute was facially unconstitutional because it burdened substantially more speech that was necessary to serve the interests the statute would legitimately serve-in short, it was overbroad. People v. Melongo, 2014 IL (March 20, 2014) (C.J. Garman) (Cook Co.): Wiretapping The Supreme Court granted the State's PLA to determine whether the eavesdropping statute was constitutional (the defendant had surreptitiously recorded three conversations and later posted them to the internet). As in Clark, the Supreme Court affirmed, concluding that section 14-2 was facially unconstitutional. People v. Davis, 2014 IL (March 20, 2014) (J. Freeman) (Cook Co.): Juvenile Sentencing / Post-Conviction Hearing Act The Supreme court granted the State's PLA to determine whether the US Supreme Court's holding in Miller v. AL-which concluded that mandatory life without parole for those under 18 violated the 8th Amendment-applied retroactively on collateral review-namely, in the postconviction context. Initially, the Supreme Court noted that Miller did not render the sentencing scheme facially unconstitutional because it is appropriate for the legislature to consider age in sentencing schemes. However, in holding that Miller applied retroactively to cases on collateral review, the Supreme Court stated as follows: "In the case at bar, defendant, a juvenile, was sentenced to mandatory term of natural life without parole. Therefore, his sentence is invalid, and we uphold the appellate court's vactur thereof." APPELLATE COURT People v. Sangster, 2014 IL App (1st) (March 31, 2014) (P.J. Hyman) (Cook Co.): Evidence The defendant appealed from his convictions for first degree murder and attempt (first degree murder), arguing that (1) the trial court erred by admitting an audio recording of his jailhouse telephone call related to attempted witness tampering, (2) the trial court erred by admitting evidence that one of the victims identified the defendant as the shooter, (3) the court improperly introduced a new theory of guilt on first degree murder after the trial began, and (4) the State's closing argument was improper because the prosecutor improperly commented on the evidence. The appellate court affirmed, concluding that (1) the trial court did not abuse its discretion when it admitted the jailhouse telephone call where a proper foundation was laid for the "silent witness" theory; (2) no reversible error occurred when the court admitted certain prior inconsistent statements as substantive evidence and for impeachment purposes because it showed the effect it had on course of conduct; (3) nothing improper occurred when the State changed the jury instructions on murder where the amendment accurately reflect the law based on the evidence presented, and (4) the prosecutor did not violate the court's ruling as to limiting reference to gang affiliation during the State's closing arguments. Lawrence Bauer is the director of the Office of the State s Attorney Appellate Prosecutor-Second District. He is a graduate of the Valparaiso University School of Law. Mr. Bauer was admitted to the practice of law in Illinois in 1976.

7 SUPREME & APPELLATE COURT REVIEW Page 5 CIVIL grievances against condominium trustees even if meritorious would necessarily threaten the financial Spanish Court Two Condominium Ass n v. stability of condominium associations throughout this Carlson, 2014 IL state. Accordingly, the Supreme Court reversed the In the case of Spanish Court Two Condominium Appellate Court and affirmed the trial court s judgment in Association v. Lisa Carlson, decided March 20, 2014, the favor of Spanish Court. Illinois Supreme Court held that in a forcible entry and In re Estate of Powell, 2014 IL detainer action brought by a condominium association In the case of In re Estate of Powell, a legal against a unit owner for failure to pay assessments, the unit malpractice action decided June 19, 2014, the Illinois owner s affirmative defenses alleging the association s Supreme Court held that an attorney who brings a failure to repair and maintain common areas were properly wrongful death suit in the name of the decedent s personal stricken as not germane to the forcible proceeding. representative owes a legal duty to the decedent s next of In February 2010, Plaintiff, Spanish Court Two kin at the distribution of funds phase of the action, despite Condominium Association ( Spanish Court ) filed a the lack of any attorney-client relationship. complaint under the Illinois Forcible Entry and Detainer In Powell, the Plaintiff had been adjudicated a Act against Defendant, Lisa Carlson, one of the mentally disabled adult in 1997, and his parents were association s unit owners. Spanish Court alleged Carlson appointed to serve as co-guardians of Plaintiff s person but had not paid monthly assessments to Spanish Court for the not as guardians of his estate. In 1999, Plaintiff s father preceding six months. Spanish Court requested the circuit died as a result of alleged medical malpractice. Soon court grant a money judgment and an order of possession thereafter, Plaintiff s mother entered into an attorney-client against Carlson. agreement with Defendant law firm to bring a cause of In her answer, Carlson admitted she had not paid action against the doctors that treated Plaintiff s father. The the assessments but denied she owed the assessments. As mother was appointed special administratrix of the father s affirmative defenses, Carlson alleged that her estate and a complaint was filed under the Wrongful Death condominium unit incurred water damage due to Spanish Act. Court s failure to repair and maintain her unit s roof and In 2005, two settlements were reached to resolve claimed that Spanish Court had destroyed property within the wrongful death action. The first settlement amounted her unit. Carlson argued that Spanish Court was estopped to $15,000 which was distributed equally to the Plaintiff s as a matter of law from collecting the unpaid assessments mother, Plaintiff and the Plaintiff s sister. The mother because it breached its duty to repair the property, or, placed her and Plaintiff s share of the settlement in a joint alternatively, that the cost of repairing the water damage to account. The probate court was not notified that Plaintiff Carlson s unit should be deducted from the calculation of was to receive the $5,000 or that Plaintiff s mother had the unpaid assessments. accepted the funds on Plaintiff s behalf. Relying on section of the Forcible Entry Prior to the second settlement, the case was and Detainer Act, Spanish Court moved to strike Carlson s referred to a second law firm and the mother executed affirmative defenses, arguing Carlson s allegations were attorney-client agreements with both law firms to continue not germane to the proceeding as required by the forcible litigating the action. Eventually, the second settlement statute. The trial court granted Spanish Court s motion. resulted in both Plaintiff and Plaintiff s mother each On appeal, the Second District of the Illinois receiving $118,000. Plaintiff s portion was distributed via Appellate Court vacated the judgment of the circuit court, a check made payable to both Plaintiff and his mother and reasoning that if a tenant could assert as an affirmative the funds were again deposited into a joint account. The defense in a forcible proceeding the landlord s failure to settlement order did not provide that the funds were to be maintain the leased premises, a condominium unit owner administered under the supervision of the probate court should be allowed the same defense against a and a guardian of the estate was not appointed. condominium association. Spanish Court appealed the In 2008, Plaintiff s sister petitioned to have the decision to the Illinois Supreme Court. mother removed as Plaintiff s guardian of the person. The Finding that the association-unit owner probate court granted the petition and also appointed the relationship is not analogous to the landlord-tenant public guardian as plenary guardian of Plaintiff s estate. relationship, the Supreme Court interpreted section 9 and Thereafter, it was discovered Plaintiff s mother had 18 of the Condominium Act to hold that a condominium withdrawn all but approximately $26,000 from the joint unit owner s liability for unpaid assessments is not account where Plaintiff s settlement proceeds had been contingent on the association s performance. Rather, citing the unique interdependence that exists among unit owners, the Supreme Court reasoned that allowing unit owners to avoid the duty to pay assessments due to

8 SUPREME & APPELLATE COURT REVIEW Page 6 deposited. An accounting for these withdrawals was never produced. The public guardian filed legal malpractice suits against both law firms who had negotiated the settlements in the wrongful death action. In response, Defendants filed motions to dismiss, arguing they only owed a duty to the named personal representative of the estate. The circuit court granted the motions and the First District of the Illinois Appellate Court reversed, finding the complaint sufficiently alleged defendants owed Plaintiff a duty as an intended beneficiary. On appeal, the Illinois Supreme Court, citing section 2.1 of the Wrongful Death Act which required the probate court s supervision, affirmed the Appellate Court s decision, holding that an attorney who brings a wrongful death action owes a legal duty to the decedent s beneficiaries at the distribution phase. The Court reasoned that since the beneficiaries named in a wrongful death action are intended beneficiaries rather than merely incidental beneficiaries an attorney s duty extends to them. Marc C. Gravino is a partner in the law firm of WilliamsMcCarthy LLP. A graduateof the University of Wisconsin-Madison School of Law, he was admitted to the practice of law in Illinois in Tyler Slack is an associate in the law firm of WillaimsMcCarthy LLP. A graduate of the University of Illinois College of Law, he was admitted to the practice of law in Illinois in 2013 Contact us for Office Space Available in Stewart Square 308 W. State Street

9 LISA MUNCH & TOM BOSWELL HONORED Page 7 Lisa Munch, partner attorney - Hinshaw & Culbertson, LLP, and Thomas H. Boswell, partner attorney - Hinshaw & Culbertson, LLP, were recognized at the Association of Fundraising Professionals, Rockford Area Chapter, 2014 Honor Your Own volunteer recognition on July 2, 2014 Both Lisa and Thomas were recognized for the numerous hours of volunteer work that they provide for Prairie State Legal Services. Lisa Munch cares deeply about women and children in our community. Lisa uses her skills to make a difference in lives of Prairie State s clients by representing them in pro-bono adoption and guardianship cases for Prairie State Legal Services Volunteer Lawyer Program. Thomas Boswell embodies the best of our volunteers he is diligent, kind, and committed. Tom has completed two terms on the Board of Directors and through his involvement in governance, strategic planning, and fundraising, Tom ensures access to justice for people in need. The annual AFP Honor Your Own recognizes individuals from not-for-profit organizations throughout Winnebago County for their outstanding dedication and efforts as a volunteer, fundraiser, board member, sponsor or partner. The honorees received a token of appreciation at this year s luncheon held at Giovanni s Restaurant & Convention Center. More than 40 organizations submitted entries for this year s award. Prairie State offers sincere thanks to all volunteers and is proud to acknowledge the work of each of our volunteers. Whether it is in a leadership role, such as the work that Tom does as a member of our board, or it is in direct work with our clients, such as what Lisa does, our volunteers help to change lives and make our communities a better place for all, stated Michael O Connor, Executive Director of Prairie State Legal Services. About Prairie State Legal Services - headquartered in Rockford, IL, serves 36 counties in northern and central Illinois. Our mission is to provide or coordinate the delivery of high quality legal services to low-income individuals, families and groups. RockfoRd TRusT Rd RRRd RRRR d Bank & T Bank & RRus RRRus T RockfoR R Wealth Management Team Local. Experienced. Recognized. n Private Banking n Trust n Investment Management n Financial Planning n Retirement Plan Services Kim Bittner Vice President and Private Banking Officer NMLS# JenniFer PArADA, CtFA Trust Associate tony POZZi Vice President, RB&T Branch Manager, RJFS Jim HAnsBerrY, mba Executive Vice President NMLS# mary POHL Vice President and Private Banking Officer NMLS# LOri FritH, mba, AiF Vice President and Portfolio Manager BruCe VAnDegriFt J.D., CFP, CtFA Vice President and Wealth Advisor BriAn DeBeneDettO J.D., CtFA Senior Vice President and Trust Manager Guilford Road 127 N. Wyman Street Rockford, IL

10 Our gift back to our policyholders has grown to $14.7 Million. For the ninth year in a row, ISBA Mutual has declared a policyholder dividend. The Board of Directors of ISBA Mutual Insurance Company voted to declare a dividend in the amount of ten percent (10%) of each policyholder s earned premium for (800)

11 G BYE IRS CIRCULAR 230 DISCLOSURES-NOT GOING TO MISSYOU BY MICHAEL SHALBRACK For members of the WCBA Business and Tax Section as well as the Estate Section, the last thing you want to read about is IRS Circular 230. You have heard me drone on about this topic for years since its adoption around I bring you Good News! Going forward, you no longer have to footnote your and other correspondence with the lengthy Disclaimer that you are not offering any tax advice in the correspondence. Such Disclaimer was a waste of ink that no one read and everyone pretty much ignored as MUZAK in print. Drafting Minimalists likewise rejoice at getting rid of boilerplate in legal communications. Trees and tree huggers rejoice about the savings on paper alone. The IRS reports that this change in regulations will collectively save practitioners $5.3 Million dollars. On June 12, 2014 (formal announcement June 18, 2014), the IRS finalized new Regulations covering Circular 230 which eliminate the need to footnote your correspondence as we have done in the past. [http://www.irs.gov/pub/irs-utl/td_9668_ _Cir%20230_6-9-14_Final_Reg.pdf] The removal of a section of the Regulations (Section eff. June 12, 2014) governing tax opinions and practice of tax law eliminates the detailed provisions concerning covered opinions and disclosures in written opinions. Without going into the detail of the new Regulations on Circular 230, the short explanation is that the former Section which recommended practitioners include a Disclaimer regarding tax advice (kind of a Safe Harbor) is eliminated. After looking into the practitioners comments about Circular 230, the IRS saw the Disclaimer language as being unnecessarily added to all correspondence. The IRS saw little benefit to clients by adding the Disclaimer to each and every communication. The IRS is now concerned with the language contained in current attorneys and accountants correspondence that the IRS requires, or pursuant to IRS Regulations, I am required to inform you of this. The IRS does not require this Disclaimer any more. To be sure, Circular 230 as a whole was not repealed or cancelled, however. Be aware that if you are engaged in federal tax work or practice before the IRS (preparation or advice on tax issues), Circular 230 in its amended form still has relevance to you. If you are the partner supervising tax issues in your firm, Circular 230, as amended, still has relevance to you. You should read it carefully. As a suggested course of conduct going forward, I have the following comments: 1. If you do not deal with issues relating to tax advice or opinions, or practice before the IRS, you do not have to include the Disclaimer in your transmissions. Remove it from your default signoff or footer on your messages. 2. You transactional attorneys may still want to include a modified and substantially shortened version in your correspondence simply as a reminder to clients of what you are NOT providing to clients and readers of your correspondence. It may be another means of limiting the scope of your representation and minimizing risks of claims being made for failure to advise of adverse tax consequences. They don t read it anyway. As for future tax topics at Section meetings, cross this one off my list. With that, I sign off of this article: Under regulations issued by the U.S. Treasury to Circular 230, To the extent that tax advice is contained in this correspondence or attachment, Holmstrom & Kennedy, P.C. is required to inform(s) you that you, or any person to whom this correspondence is shown, may not rely on such tax advice in order to avoid any penalty under the Internal Revenue Code. Holmstrom & Kennedy, P.C. prohibits any person receiving or reading this correspondence, to the extent it contains tax advice, from further promoting, marketing or recommending the tax advice to any other person or legal entity. Any qualification to the foregoing restrictions on reliance for penalty protection and further use of tax advice may only be obtained with the written consent of Holmstrom & Kennedy, P.C.. Michael Shalbrack is a partner in the firm of Holmstrom & Kennedy P.C. A graduate of DePaul University College of Law, he was admitted to the bar in Illlinois in 1984.

12 WE BRING IT ALL TOGETHER NLT Title, LLC (NLT) provides title searches, real estate closings, escrow services, and title insurance to attorneys and their real estate clients. As an agent of Attorneys Title Guaranty Fund, Inc., NLT s primary focus is to market title and related services to attorneys in north central Illinois. An agent of Attorneys Title Guaranty Fund, Inc. SERVING BOONE, DEKALB, OGLE, McHENRY, STEPHENSON, AND WINNEBAGO COUNTIES Rockford Belvidere Crystal Lake LAWYERS AT THEIR BEST FOR FIFTY YEARS ATTORNEYS TITLE GUARANTY FUND, INC. The premier lawyer service organization for the benefit of the profession and the public

13 JUDGE JOHN SYPE Page 11 no doubt fearing that the stress of the trial had sent me off on a homicidal rampage. Of course, the defense attorney was on his feet, screaming for a mistrial and demanding that I be held in criminal contempt. The judge raised an eyebrow as silence fell upon the courtroom like a wet sack of manure. I held my breath waiting to see whether the judge would have me led to a holding cell or call in the boys in the white coats to whisk me away. Finally, looking as though he might be bored by the entire incident, Judge Sype calmly spoke from the bench: "A mistrial won't be necessary, but Mr. Doyle, please hand the bat to the bailiff and continue with your final argument." To my chagrin he was taking away my bat in front of the jury! I immediately got the message. The judge was deflating any emotional impact and impliedly saying to the jury, "Don't give too much weight to the prosecutor's shenanigans." The moral I took from this experience is that forceful advocacy can be a great asset, but one need not be a fanatic about it. The Honorable John E. Sype was a class act. BY DAN DOYLE Attending the recent memorial service for Judge Sype caused me to reflect on his ability to maintain tight control over his courtroom without the need to scold or even raise his voice. His calm, dignified manner set a tone that encouraged lawyers to respect the court's authority and to conduct themselves accordingly. I recall once prosecuting an attempted murder charge before Judge Sype, sitting with a jury. The defendant had savagely beaten a young woman with a baseball bat, injuring her skull and inflicting possible brain damage. Having introduced the blood-stained bat as a state's exhibit, I wanted the jurors to view it as a deadly weapon and not simply as a common household object that their children might toy with. Accordingly, I arranged to keep all the exhibits in a large, oversized cardboard carton which stood near counsel table throughout the trial. When it was time for final argument, I inconspicuously repositioned the tall carton near the jury box. After waving the bat liberally during my argument, I suddenly whirled and, with all my strength, slammed it against the side of the cardboard carton. I'd planned for the result to be loud, but Good God! I had no idea how loud it would actually sound! It was probably the equivalent of hearing a shotgun go off inside your Volkswagon. A couple jurors appeared to dive for cover, Title Underwriters Agency S e r v i c e, I n t e g r i t y, Q u a l i t y. It s not a closing. It s an opening. To relationships. To finding answers. To getting solutions. Title Waterside Center 126 North Water St. Rockford, IL ph: (815) fx: (815) Underwriters Byron Office 117 S. Lafayette Byron, IL ph: (815) fx: (815) { Need an answer fast? Need paperwork yesterday? Need an appointment today? At Title Underwriters Agency, we respond when you need us. We not only return your calls faster than anyone else, we give you the most comprehensive answers and the best solutions to the issues that concern you. We make the whole process as quick and easy as possible, and you can trust us to get the job done on time and done right, the first time. We re all about the relationship. We do what it takes to earn your business, and to keep it. Agency is Mulford Office 1235 N. Mulford Rd. Rockford, IL ph: (815) fx: (815) an Agent for Chicago Roscoe Office 4908 Hononegah Rd. Roscoe, IL ph: (815) fx: (815) Title Belvidere Office 417 South State St. Belvidere, IL ph: (815) fx: (815) w w w. t i t l e u n d e r w r i t e r s. c o m { Insurance Oregon Office 119 S. 4th St. Oregon, IL ph: (815) fx: (815) Company Rochelle Office 242 May Mart Dr. Rochelle, IL ph: (815) fx: (815)

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