By GARY L SCHLESINGER 750 ILCS 5/506 is entitled representation of child. Subparagraph (a) is titled “Duties.” Three different positions are listed. One is attorney for the child who owes “the same duty of undivided loyalty, confidentially, competent representation as are due to an adult client.” The second is the child representative who “shall have…Read More
Articles & Information
Firm founder Gary L. Schlesinger is a frequent speaker and writer on various family law topics. Many of his articles are included here. We have also posted a variety of summaries and information regarding Illinois family laws.
Schlesinger & Strauss Attorneys’ ISBA Appointments 2019-2020
Attorney Gary Schlesinger has been appointed to serve as a Member of the ISBA Civil Practice & Procedure Section Council 2019-2020. Attorney Michael Strauss has been appointed to serve as Chair of the ISBA Family Law Section Council for the same period. Attorney Deanna Hoyt has been appointed to the ISBA Women & the Law…Read More
Promoting Access to Justice Among Self-Represented Litigants
In 2015, 93 of Illinois’ 102 counties reported that more than 50% of civil cases involved a self-represented litigant on at least one side. Self-represented litigants face many challenges such as unfamiliarity with civil law and procedure. As a result of the growing number of self-represented litigants, the Illinois Supreme Court created The Illinois Supreme…Read More
Motions for Substitution of Judge
Every litigation attorney is all too familiar with having to tell their clients, “Shut your mouth when you are in front of the Judge.” Try as you might, there is always that one client who thinks he or she knows more than you and Judge and has to get in the last word. In the…Read More
Orders of Protection Cases Often Involve Surprises
The general rule of pleading is that one must state sufficient facts to support a cause of action. Illinois is a fact pleading state, not a notice pleading state. People ex rel. Fahner v. Carriage Way West, Inc., 430 N.E.2d 1005, 1008–09 (Ill. 1981). See also Hadley v. Doe, 34 N.E.3d 549, 556 (Ill. 2015)….Read More
Guardian Ad Litem Negligence
In a case entitled Nichols v. Fahrenkamp, the Fifth Appellate District decided a case involving negligence of a guardian ad litem in probate court. 2018 IL App (5th) 160316. It was decided July 9, 2018. The facts are that David Fahrenkamp, a lawyer, was appointed guardian ad litem for a minor in probate court who…Read More
Guardians Ad Litem Beware
Pursuant to 750 ILCS 5/506 (a) “in any proceedings involving the support, custody, visitation, allocation of parental responsibilities, education, parentage, property interests, or general welfare of a minor or dependent child, the Court may, on its own motion or that of any party, appoint an attorney to serve in one of the following capacities to…Read More
Obtaining Attorney Fees in Voluntary Lawyer Program Cases
By Gary Schlesinger The Lake County Bar Association Volunteer Lawyer Program, in conjunction with the Waukegan office of Prairie State Legal Services, has some cases that it sends to the VLP lawyers in which it is possible to pursue fees from the other side because the other side has resources. Typically, these cases involve the…Read More
Is Hearsay a Pleading Objection?
By Gary L. Schlesinger & Rachel Bernal Recently, it has become more and more prevalent for practitioners to respond to an allegation by saying “respondent objects to the allegation continued in paragraph _____ as it contains inadmissible hearsay statements.” Hearsay is an evidentiary objection according to Illinois Supreme Court Rule 801. “Hearsay is a statement, other…Read More
New Illinois Child Support Law July 1 2017
The New Illinois Child Support Law is effective July 1, 2017. Michael S. Strauss, one of the authors of the new law, can answer all your questions about the new Illinois child support law, maintenance, changes to parenting time (child custody and visitation) arrangements or with the reassignment of parental responsibilities. Call Schlesinger & Strauss, LLC…Read More
