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Clifford's Corner

Robert Clifford is sworn in as First Vice President of the Chicago Bar Association. He will become President of the 22,000-member organization next year (see back page).Now in its third year, Robert A. Clifford is one of the founding and sustaining members of the Chicago Bar Foundation’sInvesting in Justice Campaign which is committed to helping pro bono and legal aid organizations.

Best Lawyers, the oldest and most respected peer-review publication in the legal profession, has named Robert Clifford as the “Chicago Best Lawyers Medical Malpractice Lawyer of the Year” for 2010. After more than a quarter of a century in publication, Best Lawyers is designating “Lawyers of the Year” in high-profile legal specialties in large legal communities. Only a single lawyer in each specialty in each community is being honored as the “Lawyer of the Year.”

Robert A. Clifford sponsors helicopter Search and Rescue Unit Commander Dan Bitton to the Joint International Helicopter Safety Team. The Team is a group of aviation experts, including experts from the Federal Aviation Administration and the National Transportation Safety Board who are attempting to reduce the rate of helicopter accidents by 80 percent by the year 2016.

Best Lawyers profiled Robert Clifford in a front-cover story of a special Chicago Tribune supplement that appeared on June 25.

 
 

Feature Article

A Strong Legal System
By Robert Clifford, Chicago Tribune, Voice of the People, Jan. 30, 2010

This is in response to “Lawsuit reform” (Voice of the People, Jan. 20), by Edward Murnane, president of the Illinois Civil Justice League and chairman of the American Tort Reform Association.

Murnane cites “the abusive Illinois lawsuit climate as one of the major factors for our state’s flagging economy.”

Other independent studies actually contradict Murnane’s statements—the number of doctors in Illinois has steadily increased over the past decade. And a CNBC poll recently ranked Illinois 25th, an improved status over the previous year, in top states for businesses, not in the bottom five, as Murnane alleges.

To say that “employers are repelled by a state in which they are more likely to be targeted by frivolous and abusive lawsuits” ignores the practice and procedures that are in place in Illinois to assure that lawsuits have merit. And just what is so awful or unfair about having accountability for wrongful actions? A strong legal system should be more attractive for businesses if they need to take action against other businesses that have wronged them.

If companies are choosing not to do business in this state, the self-serving bad-mouthing from people like Murnane might be having a lot to do with their decisions.

*Robert Clifford was one of many voices that spoke out against tort reform. On Feb. 4, 2010, the Illinois Supreme Court decided for a third time that caps on damages are unconstitutional in this state.

   
 

Press Room

Keith A. Hebeisen and Kevin Durkin, partners at Clifford Law Offices, were inducted into the International Academy of Trial Lawyers (IATL) at its Annual Meeting in April in Phoenix, Arizona. Chartered in 1954, IATL is an international organization, limited to 500 members and dedicated to facilitate the administration of justice, promote the rule of law and elevate the standards of integrity, honor and courtesy in the profession. Robert Clifford, already a member of the Academy, currently serves on the IATL Board of Directors.

Keith A. Hebeisen authored a lengthy article on medical malpractice and the myths surrounding tort reform in the Law Day issue of the Chicago Daily Law Bulletin. The special publication was sent to every lawyer in the state. He also spoke in Springfield when the Illinois Supreme Court came down with its decision once again ruling that caps are unconstitutional in medical malpractice cases. He also received the Illinois Trial Lawyers’ Association President’s Award at its Annual Meeting in June for his enormous contribution to the work of the association.

Tom Prindable spearheaded the law firm’s efforts in coaching and mentoring students at a mock trial competition at Harriet Beecher Stowe Fine and Performing Arts Academy in Chicago. He, along with several law firm clerks, wrote scripts for the trial and trained them for the mock personal injury case.

Clifford Law Offices aviation brochure, detailing its work in this area of law, received the Burton Foundation’s 2010 Best Law Firm Profile Award. The Burton Award was presented at a gala reception in the Great Hall of the Library of Congress in Washington, D.C., in June. Among this year’s honorees and speakers were Justice Ruth Bader Ginsburg, Supreme Court of the United States, and Jeffrey Toobin, CNN analyst. The Burton Awards, a high-profile program established 11 years ago, is now recognized as one of the most prominent and dynamic awards programs in law, patterned after the Pulitzer Prize. The purpose of the Awards is to reward effective legal writing. The aviation brochure was written by Clifford Law Offices’ Communications Partner Pamela Sakowicz Menaker and the graphic design by Bob Gailen of Paragon Design International in Chicago.

Pamela Sakowicz Menaker has been appointed hearing officer of the Chicago Bar Association Judicial Evaluation Committee that reviews the selection of judges in Cook County. She also now serves on the Assembly of the Illinois State Bar Association. Currently, Pam is the Lead Editor for the American Bar Association Litigation Magazine.

   
 

Final Judgment

Robert Clifford and Keith A. Hebeisen, reached an $8.25 million settlement with Loyola University Medical Center (LUMC) on behalf of a 12-year-old Chicago area boy.

In July, 1998, at LUMC, Eduardo Cabrera, who was an otherwise healthy eight-month-old child, underwent cardiac surgery for a congenital heart condition and suffered severe brain damage because of what was alleged to be the performance of an improper procedure and negligent post-operative treatment. He has been totally dependent on others for all of his care since then and will never live independently or work.

Clifford and Hebeisen along with partners Robert Strelecky and Susan Capra also were successful in reaching an $8.95 million settlement on behalf of the family of a 31-year-old wife and mother of two small children who suffered severe brain damage and ultimately died from a negligently performed routine tubal ligation procedure at a Chicagoarea surgical center.

   

Bill of Particulars

Clifford Law Offices Supports Red Watch Band Program

It was a tearful moment when the families of Matthew Sunshine and Alexander Krzyston hugged in court following Krzyston’s hearing regarding criminal charges in the death of Sunshine.

Matthew was a freshman at Northwestern University in Evanston who was found dead in his dormitory on Sheridan Road on June 10, 2008, with a blood alcohol level of .396. Class four felony charges were filed by the state against Krzyston for providing alcohol that caused Sunshine’s death. On March 8, 2010, the charges were reduced to a class A misdemeanor of providing alcohol to an underage person. Krzyston pleaded guilty to this charge.

At the conclusion of the hearing, the two families hugged in tears at the Cook County Circuit Court room in Skokie.

“The family is pleased with the decision,” said Timothy Tomasik, partner at Clifford Law Offices who is handling the civil matter. The terms of the plea agreement include requiring Krzyston to serve two years court supervision and to be actively involved in The Red Watch Band Program. Founded by Sunshine’s mother, Suzanne Fields, a professor of medicine at the University of Stony Brook in New York, she has made it her personal commitment to see that the program is instituted in high schools, colleges and universities across the country. As part of the agreement, Northwestern University is instituting the Red Watch Band Program at its school. Clifford Law Offices has been actively promoting the Red Watch Program in an effort to protect students.

The program provides training to students in alcohol toxicity awareness and emergency procedures without retribution from school officials. “We trust that Mr. Krzyston views this as an opportunity to promote and enhance a program whose goal is to make high school and university campuses kinder and safer places for students,” Fields said after the court appearance.

Stony Brook University President instituted the program at that campus following Matthew’s death. It has spread to several other schools in the United States. “I apologize with all my heart to the friends and family of Matthew Sunshine,” Krzyston said at the hearing. “I look forward to working with The Red Watch Band Program so nothing like this ever happens again.”

 

Pilot Distraction

There have been a number of reported incidents, some resulting in serious aviation tragedies, involving distracted pilots. The Federal Aviation Administration (FAA) that regulates airlines are prodding the companies to take concrete steps that would ensure that pilots are not distracted by their computers, cell phones or other extraneous conversations, according to an article in USA Today (April 26, 2010).

The FAA reportedly issued a notice to airline carriers calling for better internal rules and training regarding cockpit distractions and lack of professionalism.

One recent incident made international news when two Northwest Airlines pilots on Flight 188 to Minneapolis flew more than 100 miles past their destination last October because it was discovered they had been working on their laptops. The National Transportation Safety Administration (NTSB) investigates plane crashes and reports on the probable causes of aviation incidents. The NTSB, which also makes recommendations to the FAA, reportedly asked the FAA to require tighter cockpit rules in 2007.

A three-day forum, “Professionalism in Aviation: Ensuring Excellence in Pilot and Air Traffic Control Performance,” was held in May on improving professionalism among pilots and air traffic controllers. Professionals in the aviation industry representing labor, academia and the government discussed this important issue at this public forum. Visit www.ntsb.gov.

 

Safe Installation of Kids’ Car Seats

Child safety seats may be sold in Chicago with guidelines to help parents determine the age-appropriate seat to buy.

The Chicago City Council considered an ordinance earlier this year that would require retailers to post city guidelines and refer them to trained installers.

According to experts, more than 80 percent of child safety seats are installed incorrectly or are not age-appropriate. Hundreds of car and seat models currently are sold on the market.

The Chicago guidelines, which were approved by the City Council’s Health Committee, require them to be posted within 20 feet of any child safety seat offered for sale and refers buyers to a website that includes the names of experts who can assist with the proper installation of child safety seats.

Retailers who fail to do so would be issued a warning notice, but repeat offenders could face fines as high as $500.

Among the list of installers is the Safety Squad, a Chicago company owned by a Chicago firefighter who charges parents in his off-time for consultation on safety seats. Its owner, Steve Breden, told the media that improper installation of child safety seats contributes to 1,600 vehicle crash injuries to children in Chicago every year. To see information on the Safety Squad website, please visit: http://blog.safetysquad.com/

 

Seat Belt Use at Record High

According to a statement by U.S. Secretary of Transportation Ray LaHood, seat belt use is at a record high - 84 percent nationwide; however, 45 million Americans are still not buckling up when riding in motor vehicles.

This statistic was part of the Transportation Department’s announcement of a national campaign to encourage seat belt usage. The campaign, called Click It or Ticket, will feature coordinated national enforcement of seat belt rules by more than 10,000 police agencies and ran May 24 through June 6.

“We’ve made great strides to get Americans to buckle up, but we must not rest on our laurels,” said Secretary LaHood. “Not wearing your seat belt is a serious, life-threatening practice. If you are one of the 45 million Americans who won’t buckle up, our Click It or Ticket enforcement mobilization will be looking for you.”

National Highway Traffic Safety Administration (NHTSA) statistics highlight the concern over seatbelt usage. In 2008, almost 14,000 people who were not wearing seatbelts died in motor vehicle accidents on U.S. roadways. The NHTSA statistics also show that the groups least likely to wear their seatbelts are young adults, males, nighttime riders, motorists traveling on rural roads and individuals traveling in pick-up trucks.

   
 

Approach the Bench
Colin Dunn

Consistent. Even-keeled. Steady. Intelligent. Exercises good judgment.

These are just some of the words that colleagues use to describe Collin Dunn, a hard-working, no-nonsense associate at Clifford Law Offices.

It’s why he received the Illinois Trial Lawyers Amicus Volunteer Award for 2010, recognizing him for his outstanding professional volunteer efforts in writing briefs as a friend of the court on issues of concern to victims of personal injury and wrongful death appeals.

It is why he is an adjunct professor teaching Appellate Advocacy at Loyola College of Law.

It is why he writes a monthly column for the Chicago Daily Law Bulletin that includes useful advice and practice pointers for the thousands of lawyers who read the publication.

It’s why he is a nominee for the Law Bulletin Publishing Company’s 2010 Top 40 Attorneys Under 40 Years Old.

And it’s why he’s assigned some of the most complicated and highprofile cases in the office. The families of those who lost loved ones in the crash of Comair Flight 5191 in Lexington, Kentucky, could count on Colin on their team of lawyers. He worked hard to represent the Beemsterboer family after James Beemsterboer, a husband and father of three, was killed in a partial building collapse on the City’s southside.

But his most memorable case was the litigation stemming from the 2003 fire at the Cook County Administration Building that resulted in a $100 million settlement. “It was an honor and a humbling experience to help those families achieve justice,” Colin said as he reflected on his contribution to the Clifford Law Offices’ team. “It was particularly rewarding because of the important changes made to the City’s emergency response system that makes Chicago a safer place. It makes one proud to be a lawyer when you can help people like those brave families as they struggle through the worst times of their lives.”

Colin’s dedication to helping people carries through his personal life as well. As a student at Miami University in Ohio, he spent his spring and winter breaks traveling across the country to build homes for Habitat for Humanity.

“It is so heartwarming to see the look of gratitude in the eyes of those who need this help and just don’t know where to turn,” Colin says. “It is especially touching when you help put a roof over a family.”

Colin, a relatively recent dad himself with a two-year-old son and another child on the way any minute as of this writing, takes pride in his fatherly duties. Colin spends as much time as possible with Patrick, a “chip off the ol’ block,” before the arrival of his second child. And although Colin has but little time to spend on the golf course – despite his having a four handicap – he says he will enjoy teaching his kids the finer points of his favorite sport.

“These years are so precious and I want to set a good example for my son,” Colin says at his desk, a credenza behind him adorned with family photos.

Down the road? Aside from his growing family, he hopes for a partner’s position at Clifford Law Offices.

“I’d like to run the complex litigation on which I work,” Colin says with a sheepish smile. “I think I can make a greater contribution to the firm one day as I work toward being a partner.”

But, for now, Colin is happy with his work, happy with his example to the profession, happy with his lovely family and happy with life.

 
   
 

Trial Notebook
Please visit our website for some of the recent successful cases in the last year.

   
  Clifford Law Scrapbook
   
 

Robert Clifford Speaks to DePaul Law Students at ABA Day

As the Illinois State Delegate to the American Bar Association (ABA) House of Delegates, Robert Clifford speaks to law students at DePaul University College of Law. He is spearheading an ABA Day at each law school in the state which includes a panel discussion on the job market with lawyers in the Chicago area, individual resume review for students as well as speed networking and a reception so that students can put those skills to work.

     
 
Robert Clifford attends the Chicago Bar Association (CBA) luncheon where Supreme Court Justice Sandra Day O’Connor spoke to a packed crowd in May. They are joined by outgoing CBA President Anita Alvarez (far left) and CBA Executive Director Terry Murphy.
   
 

Robert Clifford served as Co-Chair with Tyrone Fahner (left) for the Sun-Times Judge Marovitz Lawyers Lend-A-Hand to Youth Program that raised money to benefit disadvantaged Chicago-area youth. The
Ninth Annual Barristers Big Band Benefit Ball honored Jim Tyree of Mesirow Financial and Sun-Times Media. Bob’s wife, Joan, joined them at the gala affair.

 

     
 

Robert Clifford, First Vice President of the Chicago Bar Association (CBA) is pictured with Terri Mascherin, newly inducted President of the CBA. He will become President of the 22,000-member organization next year.

 

     
  Robert Clifford prepares to introduce John Barkett, Florida lawyer and author of “The Ethics of E Discovery” and James Grogan, Deputy Administration and Chief Counsel of the Illinois Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC) and adjunct ethics professor at Loyola University School of Law. They presented “The Ethics of E Discovery of Social Media,” a continuing legal education program sponsored by Clifford Law Offices.
     
  Robert Clifford spoke in June on two all-star panels, “Mediation with the Masters,” in an all-day program sponsored by the American Bar Association Section of Litigation and the Center for Continuing Legal Education.
 

 

 

 

Advertising Material Only

Clifford Law Offices has prepared this newsletter for its many friends, clients and colleagues world-wide. It is purely a public resource of general information. Although it is not intended to be a source of either solicitation or legal advice, it must be regarded as an advertising or promotional communication in the terms of the lawyers’ professional responsibility law. Accordingly, it is necessary that certain information be supplied to and noted by
the reader.

This newsletter should not be considered as an offer to represent in any legal matter, nor should it be the basis of legal hiring decisions. Thus, the reader should not consider this information to be an invitation for an attorney-client relationship, should not rely on information provided herein, and should always seek advice of competent counsel.

All lawsuits are different, and Clifford Law Offices makes no representation or promises that it can obtain the same results as reported in this newsletter in other legal matters. Nothing in this newsletter constitutes a guarantee, warranty or prediction regarding the outcome of any future legal matter. Further, it should be noted that even where the fee arrangements are on a contingency basis, clients will still be responsible for payment or reimbursement of the costs and expenses of litigation.

The owner of this newsletter is a law firm licensed to practice only in Illinois. In preparing and disseminating this newsletter, Clifford Law Offices has made a good faith effort to comply with all laws and ethical rules of every state into which it may be sent. In the event, however, that it is found not to comply with the requirements of any state, Clifford Law Offices disclaims any wish to represent anyone desiring representation based upon viewing this newsletter in such state.

Finally, this newsletter is disseminated to our many friends around the world. We hope you find the information here useful and informative. Anyone, however, who does not wish to receive future newsletters can contact us at the numbers or locations listed here, and the matter will be promptly attended to.

Very Sincerely Yours,

Thomas K. Prindable, Managing Partner, Clifford Law Offices, P.C.

 

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