Law Commons^™

Confidentiality And Client Communications In Illinois, Jeffrey A. Parness

College of Law Faculty Publications

Some 30 years ago, the Illinois Supreme Court, in In re Himmel, recognized that no discovery/evidentiary privilege would attach to nonconfidential attorney-client communications. Some communications would be nonconfidential if made in the presence of those who were not "agents" of either the attorney or client. As to the client in Himmel, neither the client's mother nor her fiancé were deemed the client's agents so that there was no privilege. But in so ruling, the court failed to clearly describe in detail the substantive circumstances of client agency or the procedures necessary for establishing such agency. And since then, …

Grandparent Childcare In Illinois, Jeffrey A. Parness, Deven Tlanda

College of Law Faculty Publications

In 2002 in Wickham v. Byrne, the Illinois Supreme Court recognized that in "most cases, the relationship between a child and . . . grandparents is a nurturing, loving relationship that provides a vital connection to the family's history and roots." Yet, it also said that given the "fit parent's constitutionally protected liberty interest to direct the care, custody, and control of his or her children . . . parents - not judges -should . . . decide . . . with whom their children will associate." Thus, the "human conflict" between parents and grandparents was found to have "no …

Faithful Parents: Choice Of Childcare Parentage Laws, Jeffrey A. Parness

College of Law Faculty Publications

In July 2017, the National Conference of Commissioners on Uniform State Laws (NCCUSL) approved and recommended for enactment in all U.S. states a new Uniform Parentage Act (UPA). This Act follows the 1973 and 2000 UPAs, which have been widely adopted. While all three UPAs recognize forms of childcare parentage beyond biological ties (in and outside of marital births) and formal adoptions, the 2017 UPA is quite expansive in recognizing such forms, including in its provisions on de facto parentage, voluntary acknowledgment parentage, and intended parentage of children born of assisted reproduction. These expanded forms of childcare parentage, relevant to …

Expanding Pre-Suit Discovery Production And Preservation Orders, Jeffrey A. Parness, Jessica Theodoratos

College of Law Faculty Publications

There are now few written federal or state civil procedure laws broadly authorizing pre-suit discovery. Yet with the increasing amounts of electronically stored information (ESI) relevant to future civil litigation, the regularity of ESI loss/destruction, and the growing availability of substantive law claims involving pre-suit evidence spoliation, there is a compelling need for new written laws on pre-suit court orders involving evidence preservation.

Current written civil procedure laws generally authorize pre-suit discovery perpetuating witness testimony via depositions in order to prevent a failure of justice arising because a witness will likely be unavailable later. Fewer procedural laws authorize pre-suit discovery …