Midwest CLE Guidebook - Fall 2009

The Midwest Continuing Legal Education (CLE) Guidebook, Fall 2009 is the only resource of its kind in the Midwest. It lists hundreds of CLE courses by date, subject and provider. Click on the magazine below or visit this link to read the CLE Guide.

24-09-09(15:49:05)

DePaul: Everlasting gratitude

By Charles P. Kocoras
U.S. District Court Northern District of Illinois

I have been asked to describe how DePaul University affected my career or helped me become a lawyer. A more apt description would be how becoming a lawyer changed my life, and how DePaul made it all possible.

As in most such topics, a little family history is necessary to provide perspective.

My father came to America from Greece as a teenager around the beginning of the 20th century. He had few possessions, little formal education, no promise of a job, and nobody to take him in. My mother, also a Greek immigrant, was a young woman when she arrived. Like my father, she had little formal education in Greece and none here.

My parents met in America, married, and had four children. Like many other immigrants of the time, they understood the value of education and the promise it offered for a better life in this grand and wondrous country. From the beginning of their family life, they had an enormous appreciation for the educational bounty America offered, and the necessity for all of the children to excel in school was the foremost requirement of our home.

The Kocoras children took great advantage of the educational opportunities available, but always under our parents’ watchful eyes.

Fate played a part in my experience, for when I was 18, my father passed away and funds for college were not available. Two years of junior college while working full time enabled me to enroll at DePaul for the last two years of college.

My bachelor of science in commerce from DePaul was the first such degree in my family. Law school was considered, but the thought of immediately starting night law school while still working full time was not appealing. Energy to do both was in short supply and passion for the law was not yet entrenched.

Three years after completing college, I decided to enroll in night law school, although I was unsure it was for me. I was not imbued with idealism nor out to save the world.

It came to me early in law school that I did like the law, a lot. I know it sounds corny, but I actually loved it.

Reading cases with their interesting facts, discussion and analysis of competing legal principles, and application of reason to the entire process, all in pursuit of a worthy and just result, captured my devotion from the beginning. It has never left me.

I have always found an orderliness and intellectual purity in law that I have never found elsewhere. It became the bedrock of my life.

By attending DePaul’s law school, I was witness to the quality of my teachers’ scholarship, smitten by their enthusiasm, affected by the allegiance they showed to the rule of law, and in constant admiration of their oral and written eloquence. It differed from my college experiences, perhaps because I was older, more mature, or more sensitive to the necessity to contribute to the welfare of society. It was the beginning of a journey that has yet to end, taxing my mind and challenging my spirit.

DePaul taught me forcefully how big the world was and the way its never-ending issues needed to be solved. Much of my adult life has been in public service: seven years as an Internal Revenue Service agent, seven more as an assistant U.S. attorney, the chairmanship of the Illinois Commerce Commission, and lastly, as a U.S. district judge since 1980.

A judicial appointment was more than a dream fulfilled. It was an opportunity to devote myself to rendering justice. I have always believed that the federal courts and the way justice is administered are fundamental to the nation’s governance. Federal courts are among the institutions most trusted by the nation’s citizens, and one of the most admired and respected features of the U.S. Decisions are arrived at fairly and honestly, although they are sometimes unpopular. The process is open for all to see, and confidence in the integrity of decisions reached is held by fair-minded people. Judges, lawyers, and governmental officials the world over come to study and to emulate our methods so that their own systems of civil and criminal justice can improve.

A portion of my service has contributed to the nation’s governance, however little it may measure. It is not for me to judge the value of that public service or to assess its quality. That must fall to others. But it is only fair and just to recognize the influences at DePaul that guided my career — the humanity of St. Vincent DePaul, satisfaction from helping those in need when they cannot provide for themselves, and how to measure a life well-lived.

No one knows how things will turn out, and luck surely plays a part. I chose to attend DePaul’s law school based on my two years there as an undergraduate, the reasonable tuition, the hours of its night classes, and its general reputation. Little did I know how it would guide my destiny.

Words cannot convey the depth of my appreciation to DePaul for all it has given me and, necessarily, thousands of others. Opportunity yes, but so much more. Attending the law school, practicing law, and being a U.S. district judge have brought a level of fulfillment and satisfaction that I never imagined.

My gratitude to DePaul and its law school is everlasting.

Charles Kocoras earned his undergraduate degree from DePaul University in 1961, and his law degree from its College of Law in 1969.

Northwestern: A lasting impact

By Patrick S. Casey
Sidley Austin

I entered Northwestern University School of Law directly after graduating from Northwestern University. Because undergraduates work on the quarter system, I received constant feedback about my progress. My law school experience, however, was quite the opposite.

The law school was on the semester system, so I was immersed in a single subject for a longer period. Nearly all law school courses required just a final exam. Without knowing how I was doing in the interim, and with the pressure of knowing that my entire grade rested upon a single three- or four-hour exam, I naturally experienced a great deal of anxiety.

Because we did not have interim exams forcing us to keep up with our coursework, we learned to exercise a fair amount of self-discipline to avoid being hopelessly behind when it came time to prepare for final exams.

The professors’ use of the Socratic Method was another novel experience. Answers were no longer black and white, but shades of gray. For the most part, the professors’ questions were thought-provoking, and answers that I thought were obvious in many instances were wrong. This recognition traumatized me whenever I was called upon, especially if I had neglected to keep up with that day’s reading. The professors challenged us to think about the meaning of cases in ways we never would have imagined. But I learned much from other students’ discourse with the professors and students’ discourse with each other.

As most law students were high achievers in college, and generally outgoing, even aggressive, this seemingly unstructured education wreaked havoc on some minds. We would grasp at anything that would enable us to measure our progress vis-à-vis our fellow students.

Final exams were somewhat frightening as well. For example, my contracts course final examination had nothing whatsoever to do with the traditional elements of contract formation — offer, acceptance, and consideration — but instead required us to examine the intricacies of the American Institute of Architects form agreements. None of my classmates, least of all me, had prepared for that.

A little less intimidating, but no less valuable, was my law school journal work. It forced me to focus on sentence and paragraph structure, to choose words carefully, and to express ideas in different ways. The goal was for our writing, both mine and my editees, not only to be thorough expositions of the chosen topic, but to be clear, concise, and logical.

So how did my law school experience impact my legal career?

First and foremost, it taught me to think critically, to examine all aspects of a problem, and to realize that things are not always as they initially appear. I use this skill daily when discussing problems with clients as I ask numerous questions to ascertain, and then address the real source of the issue. I also use this skill when reading cases, to determine what issues really motivated the reasoning of the court so that I can persuasively champion my client’s cause.

Second, my experience taught me to be comfortable being uncomfortable. How many times has a supposedly friendly witness surprised you during direct examination at trial by saying something unexpected? Or an opposing party during a negotiation revealed an indisputable fact that your client had neglected to disclose and that completely undermines your negotiating position?

At those times, I hark back to my law school days when a professor would call on me with a question for which I had no answer, to that contracts final exam that raised issues we had not studied, and to my general discomfort during law school because I didn’t know where I stood. I take comfort in knowing that I survived all of those uncomfortable situations and can do so again. My law school experience taught me self-discipline, to think on my feet, and to respond effectively to new and unpredictable situations.

Third, my experience, especially my journal experience, helped me to become a better writer. Lawyers’ tools are critical thinking and communicating that critical thinking in the most effective manner.

One of the most important communication skills that a lawyer must develop is written communication. A lawyer’s writing must be clear, concise, and logical in order to persuade a court, an opposing party, or even the lawyer’s own client.

Finally, the substantive portion of my legal education has had an impact on my legal career.

Even though I now specialize in labor and employment and occupational safety and health law, issues frequently arise in my discussions with clients that involve other substantive or procedural subjects that I vaguely remember from law school.

Consequently, I can advise the client that there may be a problem, and direct them to a lawyer more familiar with that subject so that the issue can be addressed appropriately.

My legal education experience has served me well in my 25 years of practice. It taught me to think critically, to ask questions, to write and speak persuasively, and to develop creative solutions to better serve my clients.

Patrick Casey earned his undergraduate degree from Northwestern University in 1981, and his law degree from its School of Law in 1984.

3L and the City: Trial advocacy on the Emerald Isle

By: Brendon Stark
The John Marshall Law School

As the old joke goes, every March the City of Chicago dyes the Chicago River green for St. Patrick’s Day, so why can’t they dye it blue the rest of the year?

I can’t answer that, but the tradition does say something about how Chicago has a long-standing affection for the Irish. The city boasts a Celtic Music Festival, an Irish Heritage Festival, a Chicago Police Officer bagpipe band, and up until this year, two separate St. Patrick’s Day parades.

I know people, particularly those from Chicago, who will claim to be of Irish descent even when they are less than 1 percent Irish. I grew up watching my grandma and great aunt dance jigs and sing songs their father taught them from the Emerald Isle, so I feel I can safely claim Irish ancestry.

That is why I was thrilled to be included in a comparative trial advocacy program this summer between John Marshall and the King’s Inn, which is Ireland’s only school to train students to become barristers-at-law. The crux of this one-week program was that 15 John Marshall students paired up with 15 King’s Inn students to work in partnerships to put on one aspect of a mock trial.

Apart from classroom work and the final trial, our class, led by adjunct professor Lance Northcutt, with adjunct professor and Circuit Court Judge Thomas Byrne and the legendary professor Ronald C. Smith, traversed Dublin and met many tremendous and influential people.

Starting with our first speaker: The Hon. Mr. Justice John L. Murray, chief justice of the Supreme Court of Ireland, who gave us a crash course on the history of Irish law. And it was a whirlwind from there on out.

Five minutes after Mr. Justice Murray gave his lecture, we started with a preliminary run of the mock trial, which was a good way to introduce the Irish students to American trial techniques.

From my understanding, the King’s Inn students’ sense of American courtrooms was that the best technique was to tell your opponent “you can’t handle the truth!”

In fact, I think there were wagers made to see if anyone could work in that famous line during the final mock trial — which one did superbly and will go down as a legend in the eyes of his peers.

As for the actual classroom work, we started as one big group with the loud American students pouncing on every possible objection they could, as American trial advocacy professors instruct students to do.

About a half-hour into the exercise, though, we heard the first Irish brogue to politely interject with, “Objection, your honor.” He was sustained. Shortly after came another “objection,” this time from a young lass. In no time, the Irish students were pounding their fists, yelling objections, and going toe-to-toe with the American students on the finer points of hearsay exceptions.

The rest of the week went by in an absolute blur as we met with barristers, criminal court judges and two sitting senators, and were even invited to tea and biscuits with the Hon. Mr. Justice Adrian Hardiman, one of the key figures on the Supreme Court of Ireland: a man who once said that when he grows up he wants to be Antonin Scalia.

Mr. Justice Hardiman was exceptionally gracious to our visiting class and spent an hour with us discussing comparisons between Irish and American constitutional law, including the blasphemy clause in the Irish Constitution and the role of church-run schools in Ireland.

The latter was particularly prescient, because the next day Sen. Mullen gave us a tour of the Irish houses of government while Catholic school abuse hearings were commencing. Sen. Mullen even discussed our visiting class from the Senate floor during his speech on the separation of church and state.

Apart from the important people, sightseeing, and Guinness, the most fulfilling part about the trip was a great trial advocacy experience.

Though Irish and American law grew out of the same source, the limey Red Coat common law, there are amazing differences between the systems and wonderful techniques that I learned from interacting with the King’s Inn students.

One difference I loved was that barristers don’t refer to each other as opposing counsel; instead during objections and closing statements they refer to opposing counsel as “my friend.” How many trial attorneys in Chicago could pull that off during closing statements and not come off as sarcastic?

Something the American students found shocking was that barristers are utterly prohibited from speaking to even their own witnesses before a trial. I still don’t know how they can prepare a trial, but c’est la vie.

Despite our differences, the roots remain the same between our two nations. Their generosity was second to none and the quality of their program was world-class. If you’re ever in Dublin, take an hour and visit the Four Courts. You will be thoroughly impressed and entertained.

As Professor Northcutt says, every time he goes to Ireland, he brings back a line or two to use in court. But he never gives them any credit. Sorry for sharing your secret, professor. Slainte!

Points to Ponder

By: Olivia Clarke

We asked local lawyers to give their advice for law students as they start down the road to practicing law. It can be a daunting path because there are many changes going on in the local legal community. Some lawyers offered advice for law students, and others wanted to give advice to new lawyers. Each tip can really apply to a lawyer at any stage of his or her career.

“You need to pursue what interests you and what excites you. In law school, I always thought I would enjoy trying cases, and I was right. The practice of law can be hard work, but that’s what gets the blood flowing for me and why I enjoy coming to work.”

- Kent Mathewson, a 1982 University of Chicago Law School graduate, and a founding partner of Donohue Brown Mathewson & Smyth.

“In this market, top grades and law review experience are critical distinctions more likely to lead to clerk, summer associate, and other positions. When in a clerk or student associate position, work very hard to demonstrate your capabilities, can-do attitude, and work ethic. Entitlement attitudes, although almost universal among the current generation of new associates, were never in vogue and are least appreciated now.”

- Thomas J. Handler, a 1983 DePaul University College of Law graduate, and founding partner of Handler Thayer.

“The practice of law depends more heavily on the ability to build and maintain relationships than was apparent to me as a law student. If I were starting law school today, with the knowledge I have now, I would devote more energy to building and maintaining relationships with my law school and undergraduate school classmates.
In addition to the substantive legal coursework and the related academic aspects of law school, I would strive to learn as much as possible about business generally, and the business side of the law in particular. Law students often have a better understanding than many practitioners concerning ongoing developments in technology. As such, they can be well-positioned for an opportunity to create and implement improvements to improve efficiency and client service. The ability to add such value will make such students more attractive to recruiters.”
- Robert Roth, a 1989 graduate of The John Marshall Law School, and a Reed Smith partner.

“Don’t let the economic downturn dictate your legal path. The economy will change, but the path to your ultimate legal passion will stay constant.”
- Michael Cogan, a 1981 graduate of The John Marshall Law School, and a name partner of Cogan & McNabola.

“Today’s legal market is not what it used to be, and it doesn’t look like it’s going to get better anytime soon. Here’s some advice that I often give to law students.
Taking from pop culture, I often advise students to be ‘triple threats.’ They need to possess ability, leadership, and commitment. First, demonstrate your abilities on paper. In addition to strong grades, candidates that will be seriously considered by law firms will also have meaningful work experience such as industry experience, judicial externships, positions at governmental agencies, law firms, etc. If you don’t have these experiences, figure out a way to get them before, during, or after law school.
Second, with so many applicants in today’s market, law firms will look for more than just well-qualified candidates. They will look for self-motivation, enthusiasm, and personality — qualities that suggest you may someday be a leader within the firm or profession. Third, show that you are committed to the practice. For example, ask questions that show you are interested in being at the firm for many years. While the job market is no doubt tougher than before, employers will continue to look for new associates. Even in this climate, you can land a good job if you are deemed to be a ‘triple threat.’ ”
- Binal Patel, a 1996 Northwestern University School of Law graduate, and a Banner & Witcoff shareholder.

“My advice to law students is to take ownership of your career. You are responsible for getting where you want to be — take advantage of opportunities to work in the legal field, such as internships, externships, and clerking opportunities. You must also understand that your practice is a business and it is built entirely on relationships.
Get to know your clients’ business so you can appreciate their perspective, anticipate their issues and address them in a cost-effective manner. Lawyers are providing a service and clients have many good lawyers from which to choose; therefore, it is important to distinguish yourself (and your firm) with exceptional service that adds value to the client.”
- Rebecca Haller, a 1989 DePaul University College of Law graduate, and a Meckler Bulger Tilson Marick & Pearson partner.

“A career in law offers the opportunity to interact with fascinating people and the excitement of dealing with challenging matters. In order to have a fulfilling career, you will be well-advised to be energetic, enthusiastic, determined, creative, demonstrate positive character traits, and, above all, always have integrity. Take courses and pursue opportunities that are consistent with your passion, which is essential to achieving happiness. Finally, your network and contacts will be key to your success and lead you to opportunities. Be active in school and organizations.”
-Gary I. Levenstein, a 1976 Northwestern University School of Law graduate, and Ungaretti & Harris partner.

“My best advice to law students is to be as diverse as possible in your legal studies and in your on-the-job training. In today’s uncertain economy, lawyers (particularly young ones) need to be able to do as many things as possible to add value to their law firms and their clients.
Don’t rule out any area of law or specialty too soon. Whether it’s litigation, corporate work, or work supporting the government, the more experience you can gain, the more value you can add. Young lawyers need to focus more on gaining a breadth of experience and less on financial gain — performing, for example, in an internship where you get great experience, even if the salary is well below market. In challenging times, experience and diversity are vital.”
- Bruce R. Meckler, a 1981 graduate of The John Marshall Law School, and co-chairman of Meckler Bulger Tilson Marick & Pearson.

“First and foremost, you should focus on your grades and do as well in school as you possibly can. Employers have their pick of graduates, and many have or will implement a grade cut-off. More often than not, if you do not meet the minimum grade requirement, you will not even have a chance to interview. Students should also improve their oral and writing skills by taking elective classes or joining a journal in their area of interest. Finally, mock interviews will give you confidence when interviewing, and volunteering can make for interesting interview conversation, which can help you stand out from the crowd.
Most importantly, you should think about and know your long-term goals. At this point, a goal of partnership at a particular law firm may not be the right goal. Instead, consider the area of law or industry in which you want to work. Once you know your long-term goal, every class you take, any summer job or volunteer work, and any journal you join should, either directly or indirectly, get you closer to that goal.”
- Ann M. Kim , a 2001 Chicago-Kent College of Law graduate, and a Katten Muchin Rosenman partner.

“If you haven’t already, start thinking about your legal career in terms of practical ‘market economics.’ At a basic level, what ‘market’ for legal services do you wish to enter? Is it something you will enjoy doing, and can be excellent at doing, over a long career? Can you identify an unmet need within that market? And most importantly, can you identify a path for you to become an in-demand provider of outstanding services to those in need within that market?
This applies whether you seek to enter private practice, public interest law, litigation, corporate, government, academia, etc. This also applies whether you see yourself as a future law professor, or a so-called future rainmaker, or someone best suited to become a subject-matter expert or top practitioner within an organization (be it at a firm, government agency, university, corporation, not-for-profit, etc.), or someone who excels at organizing and managing others towards project or organizational goals. Be aware that there is an internal market for your services within an organization as well as an external one. You need to be able to position yourself to be in-demand in both.”
- Matt Galo, a 1998 Northwestern University School of Law graduate, and a Schiff Hardin partner.

“My advice is both for students entering law school, and those preparing to become young associates. It is simply to accept the challenge. This means not taking the class that will get you the easy ‘A’ while avoiding the difficult statutory course; this means struggling through preparing your own outlines and gaining an independent understanding of the material. It also means having a willingness to take that tough assignment at work that no one is thrilled about doing, or working with that demanding partner or professor. You can just ‘get through’ law school, or your time as a young associate, but my advice is to take ownership and accept the challenge. You will appreciate all the rewards that are sure to come.”
- Abby Lemek, a 2008 graduate of The University of Iowa College of Law, and a Brinks Hofer Gilson & Lione associate.

“The best lawyers know the rules of the game. Every area of practice is governed by a core set of statutes, regulations and rules of procedure.
Lawyers who know the rules can focus on the facts, plan short- and long-term strategy, and figure out both what would be a ‘win’ and how to get there. Your skill set must start with a core competence in the rules.
Lawyers are not supposed to be passive, in any area of practice. As we are advocates for clients, be an advocate for yourself and your career. This is particularly important once you start working. Do not wait for anyone to tell you what to learn and how to learn it. Follow your interests — you will be more passionate about a career in which you are interested. Always think about where you want to be in five and 10 years, and ask if the course you are pondering gets you there. Seek additional levels of responsibility, even if there is increased risk. You must never be dishonest as a lawyer. This includes being intellectually dishonest in word or deed.”
- Bill Gantz, a 1990 graduate of The Ohio State University Michael E. Moritz College of Law, and a Sonnenschein Nath & Rosenthal partner.

“It’s important to get involved with opportunities outside of school, such as bar associations, that allow the law student to network and work with practicing attorneys. During law school, also learn to be a team player and focus on being considerate of others. Be sure to take time to form friendships with other students. Those relationships can last throughout your professional life.
Always look for ways to get involved and to gain actual legal experience while in law school, whether it’s in the form of an externship or involvement with public interest groups. Those experiences set a law student apart in the eyes of employers and help define your professional future.
Of course, law students should work hard to keep their grades up and to develop their writing skills. If you are interviewing for a summer or full-time position, be humble about your accomplishments and share credit, but don’t sell yourself short. Overall, stay hopeful.”
- Christopher M. Dolan, a 1999 graduate of The George Washington University Law School, and a Brinks Hofer Gilson & Lione shareholder.

“Students should begin to focus on a specialty as early in their law school career as possible. While students tend to believe that a broad legal education presents the most attractive ‘package’ to prospective employers, many firms today are looking for students whose course work, extra-curricular activities and other experiences demonstrate an interest in a particular area of law.
Also, begin ‘networking’ now. Focus on building relationships with other law students, professors, law firm representatives and lawyers generally. These are your colleagues and will be your professional contacts for the rest of your career. Find mentors and contacts by getting involved not only in law school organizations, but also professional associations or bar association activities that correspond to your interests.”
- Gerald L. Pauling II, a 1992 University of California, Los Angeles School of Law graduate, and a Seyfarth Shaw partner.

“The economic climate right now may discourage your hopes for the promising legal career you had in mind. But take a long-term view. Seek opportunities (even unpaid internships) to find what type of practice suits you, and to build a resume that shows you haven’t been sitting on the sidelines. More fundamentally, use those opportunities to confirm that being a lawyer suits you.
There is no substitute for experiencing first-hand what it feels like to practice, day in and day out. Law is a demanding profession — it requires more of a psychic commitment than many other jobs. But the psychic benefit is commensurate. The discipline and the commitment can be truly rewarding when you experience being a lawyer as more than just a way to make a living. The fact that companies and individuals want to hire you to give them advice and represent them is an honor. Just make sure you do the work early on to confirm that this is how you want to spend (a considerable amount of) your time.”
-Stacie R. Hartman, a 1996 Northwestern University School of Law graduate, and a Schiff Hardin partner.

“Law firms are certainly not immune to the economic downturn that virtually every other industry is currently experiencing. This means two things for law students — be reasonable and be flexible. The realization of inflated starting salaries is no longer status quo and graduates must be more reasonable in their expectations for their first job. Instead of sitting out ‘training camp’ waiting for that high-priced rookie offer in an industry that has trimmed salaries, suspended bonuses and invoked hiring freezes, concentrate on identifying a firm with a stable, diverse foundation and a good track record of professional development and advancement.
Be prepared, your first job may not meet your original expectations. Consider honing your skill set and acclimating to your new firm by focusing on non-core but related transactions. Fellow associates and partners will view you as a team player willing to compromise near term professional goals for the betterment of the firm. Remind yourself, every partner was a fledgling associate once and has been through difficult times.”
- Amy Mahone, a 1999 University of Tennessee College of Law graduate, and a Levenfeld Pearlstein partner.

“Constantly strive to improve your writing, regardless of the field in which you plan to practice. Your writing is often the first — and sometimes the only — chance you have to effectively communicate with a judge, a client, or a potential employer. Make sure your writing samples sent to prospective employers are flawless.
In addition, get as much ‘real world’ experience as possible to supplement your classroom studies. If you have trouble finding a summer job, consider working as a judicial extern, participating in a moot court society or volunteering for a non-profit legal agency. Although these positions are typically unpaid, they offer tremendous experience that you cannot get in the classroom and will put you ahead of the competition.”
- Molly M. Joyce, a 2002 Chicago-Kent College of Law graduate, and a Seyfarth Shaw associate.

“Use your mentors. Whether you are looking for a job or already working, make sure you are in contact with your mentors — formal or informal. A mentor can provide invaluable assistance during your job search. Consider calling or meeting briefly with your mentors early on in your search and asking for their help as you brainstorm possible options. Once you have a job, a mentor can help you be successful. Use your mentors wisely. Prepare a list of questions and then schedule a meeting. Be proactive and focused. Don’t waste your mentor’s time! He or she will appreciate it if you show up with an agenda and are structured and efficient.
Be Prepared. This applies whether you are interviewing for a job or working on an assignment. If you are interviewing, look up the firm, know the key practice areas, read the bios for the people you are interviewing with and be ready with a set of questions that are relevant and specific to the particular firm or person. Interviewers know when you are asking generic questions. In the workplace, too, it’s important to be prepared. Show up for meetings on time (or early) and ready with pen and paper. Take notes — without being asked. Volunteer for assignments. If possible, do a little bit of advance research on the client or topic. Your team members will appreciate it if you have taken the initiative and are adding value.”
- Charlotte L. Wager, a 1992 University of Illinois College of Law graduate, and a Jenner & Block partner and chief talent officer.

John Marshall: Making dreams come true

By: Mark A. Pedowitz
Disney/ABC Television Group

When I received the phone call from the school asking me to write a column about what The John Marshall Law School meant to me, I shuddered.

I did not want to write something that sounded clichéd or pulled too hard on emotional heartstrings. I also thought there are so many other individuals who could do this so much better than I.

Nevertheless, after thinking about it for a while, I realized I may have some insights as it pertained to my life, and should they read somewhat clichéd then so be it. Sometimes those things that may seem clichéd in comment do ring with truth.

Almost 35 years ago, I came to John Marshall as a first-year student. This was the era when many Baby Boomers decided they needed to become professionals. The John Marshall Law School took a chance on me and gave me an opportunity to learn, and thus began the process of reprogramming 20 years of learning-by-rote-instruction with three intense years of the Socratic Method.

The first year was rough; there were times when my undisciplined learning style did not gel with what needed to be done. Somehow I muddled through it and survived to see years two and three and to graduate.

I had a dream. I wanted to be in the television industry (today everyone wants to be in the new media world). Television spoke to me; it was a friend who told me stories, gave me news, and allowed me to root for my favorite sports team. It gave us all a sense of communal sharing. And, I wanted more than just an observer’s role in that dream.

I left the Chicago area with my freshly minted JD in hand in the summer of 1978 and headed to the bright lights of Los Angeles to attempt to break into the entertainment industry. Thirty–one years after graduating from John Marshall, I have the luxury that you are granted at certain levels of maturity to be reflective about my career and to be thankful about so much. This column is my thanks to The John Marshall Law School.

The school gave me an opportunity. It shattered how I examined problems, and taught me how to walk in the shoes of others so I could see their different perspective of events. It imbued in me a certain logic on how to approach issues so I could be the best advocate for my client. It helped me become disciplined in my work. The school gave me a PRACTICAL LEGAL EDUCATION — the pragmatic tools to succeed as an attorney and/or business person in any venture I desired.

A few years back the dean asked me if I was willing to come back and speak to the students as a guest lecturer about the “art of the deal.” On a chilly February morning (chilly for me, particularly given the blood-thinning effect of the LA sun), I walked into the school and it brought back feelings of nostalgia for all the people I had met there and many of the classes I managed to make it through. It created an opportune moment for me to look back in time. To see where I had been, the dreams and aspirations I had then. I realized I was blessed in all that transpired from the first days of law school to the present.

It also reminded me of how the practical aspects of the legal education I received at the school helped me to have a modicum of success.

I met some of the faculty at a gathering prior to my lecture. I saw some familiar faces, was damn surprised that some of the faculty remembered me, and met some new professors.

One of the new professors I met was Sunny MacLachlan, the associate director of the Center for Advocacy/Animal Law. We spoke about our dogs and how all the dogs we have had were rescue animals.

Shortly thereafter, Sunny reached out to me to help support her animal law team. I did, and I am proud to say they have had unbelievable success in their competitions — winning or tying for first place in their last two national competitions.

I then walked into the classroom as the guest lecturer. Little did anyone realize how honored I felt and how much I wanted to say “property rights are just like a bundle of sticks” just as I heard in my first class at the school.

In reality it was a question-and-answer session with students and faculty on how I managed to traverse from the school to working in the television industry. I answered questions about the television industry, my career, and what it meant to come from John Marshall. I told them John Marshall gave me the understanding of the pragmatism of the law, the ability to solve the everyday issues so your client and commerce may continue.

It was that practical skill set that John Marshall instills in its students that helped create some of my success.

I felt I was giving something back to the school and its students. I feel I partially paid down a debt of gratitude to the school for opening its doors to me. I felt by giving back maybe someone else will take the opportunity to delve into making their dream a reality.

To everyone at John Marshall, thank you for giving me the basis to allow me to make some of my dreams possible.

Mark A. Pedowitz earned his bachelor’s degree in 1974 from Rockford College, and his law degree in 1978 from The John Marshall Law School.

John Marshall: Creating alliances in and out of class

By: Robert Loerzel

For years, news reports have shown that intellectual piracy has been a sore point between the United States and China.

Many American businesses and government officials say China’s black market is rife with sales of knockoffs of U.S. products, including unauthorized DVDs and fake versions of brand-name fashions.

But faculty members at The John Marshall Law School say they’re helping Chinese lawyers make progress in their efforts to police intellectual property rights. For 15 years, the school’s Asian Alliance Program has taught law students from China about American and international laws covering patents, copyrights, trademarks, and trade secrets.

“We’ve made some strides in helping to train the people in China who are responsible for enforcing the laws,” said Kevin Hopkins, an associate law professor at John Marshall who co-directs the Asian Alliance Program with Dorothy Li.

The program began after a campus visit in 1993 by Lulin Gao, who was then the director general of the Chinese Patent Office. Gao said he was looking for a way for Chinese patent examiners to receive better training.

Li, a Shanghai native with a law degree in Taiwan who was serving as the director of John Marshall’s library, later went to Beijing with a delegation of John Marshall professors. They worked out a deal over tea with Gao.

The partnership started small. A few visiting scholars from China would spend a few months studying in Chicago to improve their knowledge of intellectual property laws.

“China, at that time, didn’t have that much of a budget for people to travel around for education,” Li said.

“We waived tuition when they first came as visiting scholars. All they could afford was round-trip air tickets,” she said.

In the 15 years since, the Asian Alliance has expanded into an LLM degree program. It now includes students from Taiwan and South Korea as well as the People’s Republic of China. Professors from John Marshall travel each summer to Asia, where they teach an introductory class in American law and a course on legal research and writing.

Then the students visit Chicago for one semester, taking classes in IP law alongside other John Marshall students.

Bill McGrath, associate director of John Marshall’s Center for Intellectual Property, often has Asian visitors in his copyright class.

“They are extremely interested to learn the U.S. system,” he said. “They’re very curious about it.”

Chih-Hong “Henry” Tsai, a judge from Taiwan now studying at John Marshall, said he is not just learning about IP law. It also shows him how the American legal system works.

Tsai said he’s impressed with the variety of teaching methods at John Marshall. In one class, he participated in a role-playing exercise, in which the professor acts like a client and the students portray lawyers. In the class on copyright, Tsai was surprised that the final was an “objective exam,” unlike the tests he took at law school in Taiwan, which asked more subjective questions.

“I found that it is very good to have an exam like this,” he said. “It clarifies a lot of concepts.”

This fall, John Marshall will open a new Chinese Intellectual Property Resource Center. Through its partnership with China’s state IP office, the school will receive copies of laws, regulations, and court rulings related to IP in China. Visiting scholars will translate key documents into English.

“This is a time for us to make Americans more aware about the Chinese and what they are doing with their intellectual property rights and protections,” Li said. “We want to deliver this service to the American legal community.”

Weian Zhan, a Chinese-American law student who works as a staff assistant in the Asian Alliance Program, said documents about China’s intellectual property laws have been difficult to obtain in the United States until now. The Chinese government has only recently begun publishing court rulings, he said.

“It’s still very incomplete,” he said. “It’s very hard for Americans to get any of that.”

The new center is just one example of how American lawyers and law students are benefiting from John Marshall’s cultural exchange with China.

Some students at John Marshall travel to China and Taiwan for internships at major law firms.

In the summer of 2008, students and professors from Chicago went to Beijing to learn more about the differences between the Chinese and U.S. legal systems.

Before making the trip, the American students gave their Chinese hosts an example of a patent infringement lawsuit from the U.S. courts — a case involving a salad spinner.

The Chinese lawyers translated the details of the case into their language, and staged a mock trial, demonstrating how their court system would handle such a dispute. The Americans watched while listening to an English translation.

Then the American visitors held a mock trial of their own based on the same facts while the Chinese observed.

James F. Holderman, chief judge of the U.S. District Court for the Northern District of Illinois, presided over the American mock trial. He said there were some noticeable differences between the Chinese and American proceedings.

“The Chinese lawyers rarely stand up,” Holderman said. “A lot of things are done by affidavits and documents. One of the Chinese students came up to me after the American trial and the closing arguments, and said, ‘How can I become an American trial lawyer? It’s a lot more fun’ — which is true.”

Andrew Cook, a John Marshall law student who made the trip, said the Chinese judges took a more active role than their American counterparts, acting like inquisitors.

“There was a heavy emphasis on everything being notarized,” said Cook, who is an articles editor at John Marshall’s Review of Intellectual Property Law. “That was very determinative as to the value of the evidence. An American judge might look at the credibility of the witness and not so much whether it’s been notarized.”

Holderman said he had to suppress a laugh when he heard a Chinese lawyer using one of the typical arguments used in IP cases there. The lawyer claimed that the product being used as evidence wasn’t his client’s alleged knockoff of the patented salad spinner. It was actually someone else’s knockoff of the knockoff, he said.

“A notary public needs to go out with the patent holder and purchase the alleged infringing product and bring that product into court in order for it to be admissible,” Holderman said. “A defense is: ‘You didn’t purchase my product. … That’s a knockoff of my knockoff, so I’m not liable.’ ”

Despite hearing that argument, the panel of Chinese judges decided the salad spinner matter was a case of patent infringement. But then, when it was time for the Americans to try the same case, the John Marshall students serving as the jury were unable to reach a decision within the limited amount of time they had. Holderman declared it a hung jury.

Despite the differences in how the Chinese and Americans run their trials, Holderman said both countries’ legal systems have the same ultimate goals.

“We’re all trying to do justice,” said Holderman, who also teaches a class in IP trial advocacy at John Marshall. “We’re trying to protect the intellectual property rights that should be protected, but not expand the intellectual property law too much, as to stifle people who want to be creative and innovative.”

In May, the Congressional International Anti-Piracy Caucus included China on a list of five nations that allow “alarming levels” of intellectual theft. (The other countries were Canada, Mexico, Russia, and Spain).

“Despite the Chinese government’s many public assurances that it is committed to combating copyright piracy, little action has been taken against infringing online activities,” the caucus said.

Faculty members at John Marshall say their Asian Alliance Program is having an effect. In Beijing alone, about 100 graduates from the program work at the State Intellectual Property Office or law firms specializing in IP. Two John Marshall alumni serve on Taiwan’s new nine-judge intellectual-property court.

“The Chinese officials I spoke with … understood they need to enforce those laws internally and externally if they’re going to be a provider of intellectual property in the world,” Holderman said.

Hopkins said the cultural exchange between Chicago and Asia could have a profound effect on the visiting law students.

“Once they come here, they’ve been exposed to democracy, they’ve been exposed to our intellectual-property system and how we apply laws,” he said. “Although they may not be able to change things overnight in China, I do think that the seeds have been planted.”

The John Marshall Law School
315 S. Plymouth Ct., Chicago, IL 60604
(312) 427-2737
800-537-4280
www.jmls.edu

Tuition:
$1,260 per semester hour for the 2009–2010 academic year. The normal load for full-time students is 12 to 16 hours per semester; the normal load for part-time students is 8 to 11 hours per semester.

When to apply:
April 1 — Fall semester application due. Oct. 15 — Spring semester application due.

LSAT:
The median score is 155. The 25th to 75th percentile range is between 153 and 156.

Undergraduate GPA:
The median GPA is 3.20. The 25th and 75th percentile range is between 3.00 and 3.50.

Law school size:
About 1,550 students (includes 1,400 JD students, and 150 MS and LLM students).

Student body statistics (includes JD, MS, and LLM students):
For the 2008-2009 academic year, the student body was comprised of 44 percent women and 27 percent minorities. Thirty percent of students came from out of state.

Employment statistics:
88 percent employed at graduation, and 3.2 percent continuing as students seeking an additional degree.

Residence life:
Most students live in Wrigleyville, Streeterville, or Lincoln Park when attending law school. Others commute from throughout Chicago and its suburbs.

Source:
All information provided by the law school.

Loyola: Just what the doctor ordered

By: Malorie R. Medellin

The health care industry is one of the biggest and most regulated in the country.

According to the U.S. Department of Labor’s Bureau of Labor Statistics, 580,000 establishments make up the health care industry, employing 14 million people.

Of all the establishments, 77 percent are physicians’, dentists’, and health care practitioners’ offices — all of whom follow their own distinct set of medical guidelines. The legislative and regulatory implications of an industry this size are staggering.

But what seems daunting for many practicing attorneys is all in a day’s work for law students at Loyola University Chicago School of Law’s Beazley Institute for Health Law and Policy.

Celebrating its 25th year, the institute has been preparing students to enter the healthcare industry since 1984. Unlike other legal fields, the need for lawyers in this area has been relatively constant, and in recent years has grown as the medical field has advanced and government regulations have increased.

Loyola officials say it has graduated more health lawyers and health law-trained health care professionals than any other law school in the world. Its mission is to educate students, health care executives and professionals, academics, and the bar in the corporate, regulatory, and transactional aspects of health law.

“It took some foresight to found this program in the ’80s,” said Megan Bess, assistant director of the institute. “It was really visionary to think that such an area like health care would grow like this — to recognize that really was something different.”

Bess worked as a litigator in a private practice before joining the institute a year and a half ago. She said health care has always been an interest of hers, but the few courses she took at her own law school in no way compare to the curriculum offered to Loyola students.

“This institute is one of the best in the country,” she said.

The law school offers almost 30 courses on the subject, when most law schools offer nowhere near that many.

“At most law schools you’re lucky if they offer one to two health law courses,” said Larry Singer, director of the institute.

This past year, Singer said, there were 450 slots available to students in institute courses, and all were filled. “It’s a very broad-based program, one we’re exceptionally proud of.”

Singer has been director of the institute for six years and holds a master’s degree in hospital administration, as well as a JD.

Before joining Loyola, he worked for the American Hospital Association, as well as McDermott Will & Emery, where he became a partner.

In practice, Singer specialized in putting together health care systems and handling related mergers and acquisitions across the country — practical experience that he brought into the classroom when he began teaching at Loyola 16 years ago.

“When I started my career, health law was a specialty, but now it’s become super-specialized,” Singer said.

This increasing specialization is one reason the Beazley Institute teaches practical and specific skill-oriented lessons, along with substantive classroom learning.

Most of the health law courses offered encourage students to work in groups and to provide in-class feedback to each other. Students also work on realistic hypotheticals, developing action plans, legal memoranda, and presentations that are delivered in front of their classmates, their professor and, in some cases, practicing attorneys in the field.

Corporate Transactions, a popular health care course, requires students to work on three different transactions throughout the semester. In the past, one of the transactions involved the strategic repositioning of a Chicago hospital. Students worked on the project all semester, and then presented their work to certain Chicago law firms.

“Instead of writing everything you learned in a three-hour exam, students are able to produce a nice work product like a memorandum they would turn over to a partner,” Bess said. “The students come out of here with the skill set of someone who has already been practicing law in the health care field.”

Many health law classes have a field study component that requires students to get out into the community and deal with the people being affected by industry issues firsthand.

In the Access to Health Care course, students select a health care topic and then research that issue and supporting organizations. After their research, students meet with organization leaders, interview board members, and attend hearings.

Students may go on the road and even out of the country to observe access to health care issues through the lens of poverty and subsistence.

One class traveled to Puerto Rico, where the students met with government officials and insurance executives, and toured public and private hospitals.

The institute wants to integrate field study work into all of its health law classes. This fall it plans to unveil its new curriculum in an attempt to work toward this goal. The product of advice from leading partners in law firms, the new curriculum is designed to equip law students with an advancing knowledge of the health care industry, as well as train them to meet firm expectations.

“It’s pretty sophisticated,” Singer said about the updated program. “When people graduate from Loyola with a certification in health law we can tell employers that our students have been exposed to cutting-edge issues in health law and have the essential skills needed to practice and hit the ground running.”

The curriculum is also enhanced by the diverse student body. Drawing both JD students as well as health care professionals, the institute offers more than just a certification in health law. A master’s degree or doctorate degree in health law is available for health care professionals, while an LLM or a SJD is an option for attorneys.

Paula Tironi, a recent Loyola law graduate, just received her LLM and said the diverse student body was an invaluable asset to her experience.

“There were several physicians in my class, as well as a retired OB/GYN, chiropractor, and a few nurses — these people had direct clinical experience they could share with us. That really contributed to the content of the class,” she said.

Tironi, a graduate of Notre Dame and the University of Michigan Law School, became interested in health law after serving on the board of OCD (Obsessive Compulsive Disorder) Chicago. When she wanted to return to school, the Loyola program came highly recommended by a pediatrician friend and her contacts at Hewitt Associates.

“There were no other programs that I considered seriously,” she said. “Loyola was my first choice.”

The institute requires all LLM students to extern both semesters to make sure they put their classroom learning to good use.

Putting a face to the issues was immensely helpful to Tironi, who said the combination of externships and a vast curriculum allowed her to study in-depth more complicated topics like Stark Law, which governs physician referrals. She said many attorneys she now works with have no formal training in the field, an advantage she has and appreciates.

Corey Bagby graduated from the JD program this year and is another example of a Beazley student who is a step ahead of the competition.

Straight out of law school, Bagby serves as in-house counsel for Resurrection Healthcare. He said the institute’s connections in the field are incredibly extensive, and helped him to find his way when it was time to start looking for work.

“Practicing attorneys in Chicago know that the Beazley Institute exists and they use it as resource, students make themselves known to the industry,” Bagby said. “I don’t think I would have the job I have now without the opportunities and education I’ve had.”

Bess said she is continually amazed by students in the institute.

“What these students know about health law, and what I knew about health law when I graduated, can’t even be compared,” she said. “These students know more than me, and I’m a lawyer.”

Loyola University Chicago School of Law
25 E. Pearson St., Chicago, IL 60611
(312) 915-7120
www.luc.edu/law

Tuition:
$36,290 for the full-time (day) program for the 2009-2010 academic year; $27,240 for the part-time (day or evening) program for the 2009-2010 academic year.

When to apply:
Jan. 15 — Early notification application deadline. March 1 — Full-time division application deadline. April 1 — Part-time division application deadline. Feb. 1 — Recommended deadline for FAFSA and Need Access Application.

LSAT:
The median score is tentatively 160 for the incoming fall class of 2009. The 25th to 75th percentile range is tentatively between 157 and 162.

Undergraduate GPA:
The median GPA is tentatively 3.46 for the incoming fall class of 2009. The 25th to 75th percentile range is tentatively between 3.22 and 3.60.

Law school size:
887. The 2008 entering class was composed of 171 day students, and 104 part-time day or evening students.

Student body statistics:
For the 2008-2009 academic year, the law school enrollment was 52 percent female (52 percent in the entering class); 17.4 percent minorities (17 percent in the entering class); and 50 percent of the student body is from out of state (50 percent in the entering class). Thirty states and 133 undergraduate institutions were represented.

Employment statistics:
For the 2008 graduating class, 88 percent are employed. These statistics were gathered Feb. 15, 2009.

Residence life:
Most students live in such neighborhoods as Lakeview, Lincoln Park, and Wicker Park. Some law students prefer to live on campus in Baumhart Residence Hall and Terry Student Center, 26 E. Pearson St, across the street from the Loyola Law Center.

Source:
All information provided by the law school.

University of Chicago: Critical to my success

By: Oscar David
Winston & Strawn

Twenty-two years have passed, and I still recall the burning desire to complete my studies and begin practicing law. The substantial student loans may have been driving my perspective. Maybe I simply wanted spending money in my pocket.

The yearning to leave the academic world was not to be confused with the quality of my education. To the contrary, I was certain that my law school education and experience prepared me well for life’s next stages. Three attributes of the University of Chicago Law School proved critical to my success.

Academic Culture

The law school’s fierce conviction that ideas matter, and that they are worth exploring, is the cornerstone of the University of Chicago Law School experience. Chicago students are required to develop, articulate, and defend a position in collaboration with faculty and fellow students. Early on, some of us, including me, were tempted to advocate positions consistent with a faculty member’s views. Those who advocated a position without sufficient foundation were often unceremoniously blown out of the water. The position itself was irrelevant. The student’s ability to fully consider, articulate, and defend his or her stance is what mattered.

This philosophy translates well to a transaction practice. I have been with Winston & Strawn for 22 years and now lead the M&A, securities, and corporate governance practice. Clients expect zealous, cost-efficient representation by informed, prepared, and engaged counsel. What differentiates a leading transaction attorney is the ability to solve problems.

In the real world, clients want solutions to thorny legal issues. The process of developing and defending ideas in law school may seem like an academic exercise. In fact, learning to navigate difficult questions for which there are no easy answers is one of the strongest tools that an attorney can possess. These challenges hone creative thinking, the very skills that transaction attorneys call on in the negotiating and drafting processes of a transaction. The person who brings solutions to the table will always be recognized over the person who simply pounds the table.

Faculty

The law school faculty’s well-earned reputation for legal scholarship is equaled by its devotion to teaching. Time and again, I sat in a classroom with professors who were brilliant, genuinely excited to be there, and fully engaged with students.

Today, I reflect on this experience when I reach out to new attorneys.

While I may never teach at that level, training new lawyers in the collaborative, inclusive style of the faculty is hugely rewarding. Each encounter is an opportunity to build strong relationships.

These opportunities are mutually beneficial on a number of levels. I find myself learning from the younger lawyers as part of the process. Strong relationships are forged during the mentoring process. In some instances, these once-junior colleagues became clients after leaving the firm.

But to focus on originating a client or two would miss the point. The key is building strong relationships. All of us look to these bonds over the years as we experience life’s inevitable ups and downs. Young lawyers will be repaid many times over in the form of friendship when they make it a habit to reach out to folks who join their organization.

Students

Soon after arriving on campus in Hyde Park, I recognized that there were many incredibly bright people in my class. But to identify them only by intellect does a great disservice. They came from diverse backgrounds, and brought something special to the classroom.

Our class section quickly grew close. There was little, if any, unpleasant competitiveness. We enjoyed each other’s company as we faced the inevitable law school frustrations, finding that challenging situations can be more bearable, and even enjoyable, if you are with a group of terrific people.

Seek out people whose company you enjoy. This habit has served me well in 22 years of practice. Spend it with people you like and the ride will be far more enjoyable.

My law school friendships enrich my life and I appreciate the different paths many of my friends have traveled. One is a partner with a leading Chicago real estate firm, godfather to one of my daughters and among my closest friends. We have bi-weekly Greektown lunches. Another lives in Los Angeles and runs a private equity fund focused on distressed investments. Our families spent Fourth of July weekend together this year.

As one proceeds through life, it is important to seek intellectual challenges, learn from smart people and make time to mentor people entering a situation in which you have experience, find something you like professionally, and above all build strong relationships. I am blessed to have found all that and more in Hyde Park, at the University of Chicago Law School.

Oscar David earned his undergraduate degree from George Washington University in 1984, and his law degree from the University of Chicago Law School in 1987.

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