The Docket - December 2021

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THE

DOCKET The Official Publication of the Lake County Bar Association • Vol. 28 No. 12 • December 2021

Presents

Performances by actor Tim Mooney

Followed by

Shakespeare by Request

Join us!

Friday, December 10, 2021


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MEMBER CENTER “The Bar” Accommodates up to 100 people During business hours (8 am – 5 pm) Members (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served: Free • Self-Service reception or party (provide own alcoholic beverages): $50 per hour • Hosted beer & wine reception or party (beer & wine provided by Association): $250/ 1st hour, $50/hour after Non-Members: (add $50/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $50 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $300/ 1st hour, $50/hour after • Hosted beer & wine reception or party – Not Available Non-Member, Not-for-Profit: (add $25/hour for after hour events) • Meeting only (individual or group, no food or beverages served): $25 per hour • Self-Service reception or party (provide own alcoholic beverages and food): $150/1st hour, $25/hour after • Hosted beer & wine reception or party – Not Available Association Committee Meetings (Conference Room or Member Center) Without beer & Wine - Free With Hosted Beer & Wine - $150 flat fee (for 5 – 15 people), $200 (over 15 people) Room rentals are based on availability. Rentals include use of A/V already in room (phone, TV, Speaker. WIFI). All rentals include free parking in our large, well-lit, 45 vehicle parking lot adjacent to the LCBA building.

Contact the LCBA Office at 847-244-3143 or info@lakebar.org


Contents THE DOCKET • Vol. 28, No. 12 • December 2021

COLUMNS 2 President’s Page “How did it get so late so soon?”

BY JOSEPH FUSZ, PRESIDENT

4 The Chief Judge’s Page Smiling Because it Happened

A publication of the

BY CHIEF JUDGE DIANE WINTER

300 Grand Avenue, Suite A Waukegan, Illinois 60085 (847) 244-3143 • Fax: (847) 244-8259 www.lakebar.org • info@lakebar.org THE DOCKET EDITORIAL COMMITTEE Jeffrey A. Berman,Co-Editor Hon. Charles D. Johnson,Co-Editor Jennifer C. Beeler Hon. Michael J. Fusz Hon. Daniel L. Jasica Kevin K. McCormick Hon. Raymond J. McKoski Tracy Poulakidas Stephen J. Rice Neal A. Simon Hon. ­­­James K. Simonian Rebecca J. Whitcombe Alex Zagor

LCBA EVENTS IFC Office Rental Pricing 3 New LCBA Members 8 LCBF Fundraising Event 11 Holiday Party 12 Calendar of Events 14 Monthly Committee Meetings

6 Bar Foundation A (Virtual) Night of Shakespearian Fellowship and Fun BY DOUGLAS DORANDO, PRESIDENT

10 Foundation & Committee Minutes 12 The Meeting Minutes October 21, 2021 BY DANIEL HODGKINSON, SECRETARY

STAFF Greg Weider Executive Director Jose Gonzalez Assistant Executive Director Nancy Rodriguez Receptionist

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“How did it get so late so soon?” – Dr. Seuss

D

arkness comes early in the month of December, as we see the sun setting mid-afternoon each day. It not only foreshadows the coming hibernal solstice and the

Joseph Fusz President Tara Devine First Vice President Katharine Hatch Second Vice President Kevin Berrill Treasurer Daniel Hodgkinson Secretary Hon. Patricia Cornell Immediate Past President Dwayne Douglas Hon. Jacquelyn Melius Craig Mandell Sarah Raisch Jeffrey O’Kelley Jeremy Harter

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shortest day of the year in the northern hemisphere, but the beginning of the winter meteorological and holiday season. The final month of the calendar year traditionally provided us with opportunities to come together as a legal community and wish each other well before enjoying the remainder of the holiday season with our family and friends. It has not exactly been the “return to normal” that we all hoped this year would be, but we have been able to get together both virtually as well as in-person on occasion, and the month of December will be no exception. Our Annual LCBA Holiday Party will be at the Bar Association building on December 3, in-person and in accordance with local health recommendations. It is an invitation for members who are comfortable and willing

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to come together, but certainly not an obligation. Additionally, the following Friday, the Bar Foundation will be hosting a virtual fundraiser on December 10 titled a “Breakneck Comedy of Errors” and followed with “Shakespeare by Request.” Individuals can register for both events on the LCBA website. Traditionally, every other December is the last month of the term for the outgoing Chief Judge of the 19th Judicial Circuit. I would be extremely remiss if I did not take time to thank Circuit Judge Diane Winter for her years of service as our Chief Judge, guiding us through all the tremendous challenges and daunting logistical hurdles during these unprecedented times. As both a former President of the Bar Association and Chief Judge, her leadership and foresight are an extreme credit

BY JOSEPH FUSZ PRESIDENT to the profession, and we are extremely grateful for all of her hard work and dedication. Additionally, Circuit Judge Mark Levitt will assume the role of Chief Judge of the 19th Judicial Circuit this coming January, having been elected to the post by his fellow Circuit Judges. On behalf of the LCBA, we offer our congratulations to him on election to and acceptance of this important role. Judge Levitt has already been active in meeting with justice partners, including the LCBA leadership, on the developing joint Continuing Legal Education (CLE) programing involving the bench and the bar, as well as collaborating toward maintaining the high standard of ethics and professionalism in Lake County. We certainly look forward to working with him in the years to come. 2021 has certainly


flown by, and while it has “gotten late very soon,” we should take note of the successes that this year has brought the LCBA. Our limited in-person events, including the Golf Outing and Installation Social, had large turnouts and brought us together in safe formats. Moreover, we were able to implement our virtual committee seminars throughout the spring and fall, and provide consistent, quality CLE opportunities to our legal community. Our Fall Member Luncheon series was a success, and we were able to celebrate the tremendous achievements of attorneys in Lake County. Finally, we were able to draft, develop and implement one of the new ideas that was presented to the organization, a Membership Satisfaction Survey, and we received a large number of responses from all of you. The Membership Satisfaction Survey that was completed in October was the idea of our Executive Director Gregory Weider, and it provided us with a plethora of information and feedback. The overwhelming response from our membership was that the LCBA was meeting the needs of its members and providing consistent and relevant programing to the legal community. Feedback from our members is extremely important, and while some things are not wholly within our sphere of control (courthouse security and the full use of the Access Pass benefits during the pandemic), there were a few points that were well taken by the Board of Directors.

As a member-centric organization, part of our long-term strategic planning has to include the development of new programming. Feedback from the survey included ideas for the development of new opportunities for networking as well as legal community education and engagement. One of the important things that any member can do to help the LCBA is to propose new topics, speakers, CLEs or social events for the individual committees to develop and implement. The individual committee leaders are empowered to work collaboratively with the Board of Directors and their committee members to be responsive to new ideas. So if you have a proposal for a new CLE, networking opportunity, or social event, please make sure to bring it to the attention of your committee chairs. Additionally, we had several respondents in the survey state that they wished they had access to a full list of all active members of the LCBA, to remain engaged and develop new connections while we are dealing with the pandemic. This has actually been a feature of the LCBA website for several years, and can be accessed under the “Membership” drop-down tab after you log-in to your account. There you can find all the contact information for LCBA members, view their individual profiles (and even a picture, if they have submitted one), and see the committees that they participate in. Please access and use this infor-

mation to maintain, renew or establish connections with colleagues in different practice areas and parts of the state. Moreover, while it is not the easiest to navigate (we are working on that as well), the LCBA Website has a wealth of information and resources available on it for our members, and I would encourage you to spend some time on it to see what is happening in our Association. Finally, we received feedback that people would like to see more services provided to new members to get them engaged in the LCBA at the beginning. This has been attempted in the past through various iterations, including the old Membership Committee, mentoring programs, “profiling” new members on social media, and coordinated outreach from forward-thinking past presidents. It can be intimidating to some new members to come to an LCBA event, not knowing anyone or how to get involved. While the Board of Directors is working collaboratively on these issues, if you have specific ideas on how the LCBA can better engage new legal

and associate members, please submit them to me or our Executive Director. 2022 will be upon us soon, and the new year will offer us new opportunities to come together as a bar association and as a legal community. Thank you for all the hard work and dedication that you have displayed on behalf of the Lake County legal community throughout this past year, especially to all of you who have gone above and beyond to help your fellow members during these difficult times. On behalf of the entire Lake County Bar Association, I wish you the happiest of holiday seasons and best wishes for the new year.

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December 2021

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Smiling Because it Happened

T

his is my final submission to this page of The Docket, which means my term as Chief Judge is coming to an end ( I will explain my smiling face at the conclusion of this page). It also means this is my final opportunity to thank all the members of the Bar Association that have contributed to the various ad hoc groups and committees that helped the Nineteenth Judicial Circuit navigate through what I believe will be viewed as a “watershed moment” for the Illinois courts and the legal profession. Based on my participation in statewide and national COVID response conferences, I have no regrets as to how the Nineteenth Judicial Circuit navigated through its response to the COVID pandemic. Courtroom proceedings and the practice of law underwent sudden change in the realm of technology. Technology had to be embraced, eventually to enhance the delivery of legal services and access to justice. Left to our own devices, the conversion would

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have been slow, spread over several budget years, and with resistance from both the bench and bar. COVID, the federal CARES ACT funds, and American Rescue Plan Act funds made technology upgrades immediately necessary and fiscally possible. The Nineteenth Judicial Circuit, along with many other judicial circuits, joined the 21st century technology world within months or even days. This initial transformation will indeed be looked upon as a critical turning point. Court procedures will never be the same as before the COVID pandemic. The technological evolution is not complete, but we are well on our way to new efficiencies on how we handle our cases. Along with the hybrid courtrooms, electronic files, and a new case management system coming in the Spring of 2022, the 19th Judicial Circuit will be high tech; well, for the county courthouse at least. If there are any regrets or laments regarding this watershed moment, I think everyone has expe-

The

Chief Judge’s Page rienced the loss of casual courthouse hallway conversations, coffee shop gatherings, and just seeing the courthouse bustling with activity. While in-person court appearances are available, most attorneys prefer to attend court via Zoom. In fact, it seems that it is mostly disgruntled litigants attending court in-person to better express their displeasure to the judge without the risk of being muted or removed from the court call. Judges are hopeful that once COVID is clearly in the rearview mirror, more attorneys and litigants will appear on their cases in person. While Zoom allowed the 19th Judicial Circuit to keep everyone safe while cases moved through the system, it is not the best method for litigation. Judges, lawyers, witnesses, and clients interacting with each other in a proper courtroom setting creates

BY CHIEF JUDGE DIANE WINTER the atmosphere that engenders civility and respect for others, qualities that are sadly lacking in Zoom courtrooms. Zoom breakout rooms have mimicked off the record conferences and consultations, but it is simply not the same dynamic. Zoom is here to stay, but its main use should be to accommodate emergencies, working clients, long distances, and ADA issues rather than mere convenience. Senior attorneys are needed in the courtrooms so new attorneys can watch and learn from them. This is not happening on the Zoom platform. Attorneys are working on other matters until their case is called and not watching arguments and rulings on other cases. The legal profession now has two years of newly licensed attorneys that have never been in a courtroom. Perhaps it is a matter that can be addressed with new


Continuing Legal Education programs, but I think the ability to learn by observing another attorney in court will be in the column of COVID losses when all is said and done. Otherwise, both the courts and the Bar Association will have to strive to create in-person activities to connect judges, attorneys and the public in the future. One such example that occurred recently is the return of the 19th Judicial Circuit and the County of Lake jointly sponsored Veteran’s History Project last month to honor our veterans and archive their stories. The veterans and their families were excited to be there with all the volunteers, flags, and military displays and we were proud to host them. The speeches of thanks, the mess line,

and the embrace of the community cannot be conveyed by Zoom. Handshaking and hugs have clearly returned with added gusto. The old adage that “you don’t appreciate what you have until it’s gone” certainly applies. So, while I would not have chosen to be the COVID Chief Judge, it was certainly a novel and challenging time to serve. I am amazed at what was accomplished so quickly, the “we’re in this together” spirit that emerged, and how enduring our justice system is. So, whether it was first said by Dr. Seuss, or he never said it, or Gabriel Garcia Márquez said it in Spanish, I’m content to finish my term with the thought: “Don’t cry because it’s over. Smile because it happened.”

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December 2021

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A (Virtual) Night of Shakespearian Fellowship and Fun

B

y the time you read this our first fundraiser since the “Art with a Heart” event last year will be right around the corner: the virtual BOARD OF TRUSTEES Douglas Dorando President Carey Schiever Vice President Perry Smith, Jr. Treasurer Joan Fratianni Secretary Nicholas Riewer Past President Jennifer L. Ashley Jeffrey A. Berman Nandia P. Black Kristie Fingerhut Hon. Fred Foreman (Ret.) Scott B. Gibson David J. Gordon Keith C. Grant Fredric B. Lesser Amy L. Lonergan Steven P. McCollum Joseph McHugh Hon. Michael Nerheim Michael Ori Shyama Parikh John Quinn, Sr. Eric Rinehart Melanie Rummel David Stepanich Hon. Henry C. Tonigan (Ret.)

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presentation of “Breakneck Comedy of Errors” and “Shakespeare by Request” performed by the fantastic Shakespearian actor Tim Mooney, occurring on Friday, December 10 at 6:30 p.m. Mr. Mooney will be presenting a “Breakneck” telling of Shakespeare’s Comedy of Errors, doing a oneman rendition of the famous (and legal-themed) comedy, followed by an audience driven “Shakespeare by Request” for various shows, from which he will do monologues from memory. It promises to be a fun and humorous evening! Each year during dues renewal, the LCBF has a “check-off ” for a $50 charitable contribution that is automatically calculated into your dues. Unfortunately, during the renewal, many of your employers remove this contribution from your renewal statement. As

BY DOUGLAS DORANDO PRESIDENT a result, we ask for your direct support to address the missed check-off funds, so that you continue to support our important philanthropic work. In the interest of not repeating myself too much more, I’ll just refer you to my last few articles detailing some of the projects and organizations your support has funded. The Breakneck Comedy of Errors event gives you an opportunity to support these LCBF endeavors and have some fun while doing it. The registration is live on the LCBA/LCBF website: https://www.lakebar.org/ events/EventDetails.aspx?id=1570628&group= This same link allows registration for the event (and its Zoom link) for $40, purchase of an entertainment refreshment basket ($50), and

purchase of event sponsorships that allow for advertising opportunities, name recognition in the materials and event, as well as future Docket ads. The refreshment baskets will contain treats, cocktail supplies, and recipes (along with some cool looking LCBF themed barware to remind you of your support in the future). We look forward to seeing you, even virtually, for an evening of fun and remote refreshment!


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December 2021

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PRESENTS A VIRTUAL FUNDRAISING EVENT

Followed by Shakespeare by Request

FRIDAY DECEMBER 10, 2021 6:30 P.M. 8

The Docket


December 2021

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Foundation & Committee Minutes LAKE COUNT Y BAR FOUNDATION BOARD OF TRUSTEES MEETING OCTOBER 19, 2021 IN ATTENDANCE: BY ZOOM: Joann Fratianni Nandia Black Douglas Dorando Hon. Fred Foreman (Ret.) Shyama Parikh Jennifer Ashley Amy Lonergan Eric Rinehart Joe McHugh Nick Riewer Michael Ori David Gordon Melanie Rummel Kristie Fingerhut Rick Lesser Hon. Michael Nerheim Katharine Hatch-Hewlett Keith Grant Jeffrey Berman ALSO IN ATTENDANCE: Greg Weider, Executive Director, LCBA, LCBF. I. CALL TO ORDER: Meeting was called to order by President Douglas Dorando at 4:05 p.m.

II. APPROVAL OF MINUTES: The Minutes of September 21, 2021 were presented for approval. Motion to approve the minutes was made by Jennifer Ashley and seconded by David Gordon. Motion carried. III. TREASURER’S REPORT: A. STATUS AND BALANCES OF LCBF ACCOUNTS: Treasurer, Perry Smith was out of town and Greg Weider referred the Board to the agenda materials regarding our account balances. B. WARRANT/ APPROVAL OF EXPENSES PAID: The Warrants for Expenses for September, 2021 were presented for approval. Motion to approve the expenses made by Nick Riewer and seconded by Mike Ori. Motion carried. IV. CONTINUING BUSINESS:

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10 The Docket

A. FUNDRAISING SUBCOMMITTEE MEETING: 1. FUNDRAISING EVENTS UPDATE: Kristie Fingerhut reported that the Subcommittee met and have a fundraising proposal for the Board for a virtual Shakespeare event featuring Timothy Mooney and his Breakneck Shakespeare performance. The information regarding Timothy Mooney is attached to the agenda materials. The Subcommittee proposes that the event be scheduled on December 10, 2021 and the cost for Mr. Mooney is $695.00. We also would like to put together themed refreshment baskets to be purchased which contain alcoholic and non-alcoholic choices with various items including pint or wineglasses with the LCBF logo and some non-perishable food items. The subcommittee is proposing $40.00 per ticket and $50.00 for the baskets. We are also proposing at least ten event sponsors for $500.00 each. The total budget the Subcommittee recommends is $3,000.00. Motion to approve the event was made by Nick Riewer and seconded by Joe McHugh. Motion carried. Motion to approve the budget of $3,000.00 was made by Nick Riewer and seconded by Jeff Berman.

Motion carried. The Board discussed the idea of having President Dorando give a presentation during the event on what charitable activities the LCBF supports as well as the purpose of the Foundation. The individuals and/or their law firms who indicated they would be willing to be event sponsors are Rick Lesser, Nick Riewer, Kristie Fingerhut and Jennifer Ashley. B. HEARING ON PROPERTY TAX EXEMPTION: Amy Lonergan reported the administrative hearing went well and the attorney for the State of Illinois is recommending we receive a 100% exemption. We were asked to submit an affidavit and it was noted that our by-laws allow for members of the community to obtain membership. The next hearing is scheduled two weeks from today. V. NEW BUSINESS: There was no new business to discuss by the Board. VI. ADJOURNMENT: Motion to adjourn made by Jennifer Ashley and seconded by Shyama Parikh. Motion carried and the Meeting adjourned at 4:45 p.m. Respectfully submitted, Joann M. Fratianni Secretary


You’re Invited LAKE COUNTY BAR ASSOCIATION HOLIDAY PARTY* December 3, 2021 LCBA Office 300 Grand Ave. Waukegan, IL 60085 5 p.m. *The LCBA is planning to hold this Holiday party in a safe/responsible manner

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Board of Directors’ Meeting

The

Meeting Minutes BY DANIEL HODGKINSON SECRETARY

October 21, 2021 CONSENT AGENDA • Minutes • New Members A motion was made and

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Calendar of Events

December 3, 2021 4:30 p.m. - 6:30 p.m Lake County Bar Association Holiday Party LCBA Office December 6, 2021 12:15 p.m. - 1:15 p.m. Brown Bag CLE Sexual Harassment in the workplace Virtual December 10, 2021 6:30 p.m. - 8:30 p.m Lake County Bar Foundation Fundraiser Virtual December 23, 2021 Holiday Courthouse Closed December 24, 2021 Holiday Courthouse Closed December 31, 2021 Holiday Courthouse Closed

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seconded to approve the consent agenda. The motion was unanimously approved. DISCUSSION ITEMS • Treasurer’s Report PPP loan has been forgiven and there is going to be a quarterly review for tax purposes. OLD BUSINESS: MEMBERSHIP RENEWAL Membership renewal is ahead of schedule with relation to last year. LCBA MEMBER SATISFACTION SURVEY The survey was closed October 18, 2021. Discussion was had on the results of the survey; the general consensus was very positive. NEW BUSINESS: LCBA EVENTS A) November Member Luncheon. Discussion was had to keep the

ARDC Update remote. A motion was proposed and approved. B) Holiday Party. Discussion was had concerning the holiday party at the Bar Association. There will be a survey sent to gauge membership sentiment. C) Gridiron. Discussion was had on how to hold this in person event. D) Spring Seminar. There are not going to be any seminar’s that require significant travel. Discussion was had on local, driving destinations. MEETING WITH THE FOUNDATION UPDATE There will be a joint meeting held on November 8, 2021. COMMITTEE UPDATES Updates were given on all active committees through the Bar

Association. The meeting concluded at 1:18PM.

BOARD MEMBERS PRESENT Joseph Fusz President Tara Devine First Vice President Kevin Berrill Treasurer Daniel Hodgkinson Secretary Hon. Patricia Cornell Past President Dwayne Douglas Director Craig Mandell Director Hon. Jacquelyn Melius Director Jeremy Harter Director Jeff O’Kelley Director Sarah Raisch Director Greg Weider Executive Director


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Monthly

Committee Meetings

DAY

GO TO

WWW.LAKEBAR.ORG FOR THE MOST UP-TO-DATE CALENDAR INFORMATION.

Bar

Bulletin Board

To place an ad or for information on advertising rates, call (847) 244-3143

MEETING

LOCATION

TIME

1st Tuesday

Diversity & Community Outreach

Virtual Until Further Notice

12:15-1:15

1st Thursday

Real Estate

VUFN

5:30-6:30

Docket Editorial Committee

VUFN

12:15-1:15

2nd Tuesday

Criminal Law

VUFN

12:15-1:15

2nd Tuesday (Odd Mo.)

Immigration

VUFN

4:30-5:30

2nd Wednesday

Family Law Advisory Group (FLAG)

VUFN

12:00-1:00

2nd Wednesday

Civil Trial and Appeals

VUFN

4:00-5:00

2nd Thursday

Young & New Lawyers

VUFN

12:15-1:15

2nd Thursday

Trusts and Estates

VUFN

12:15-1:15

3rd Monday (Odd Mo.)

Solo & Small Firms

VUFN

12:00 noon

3rd Tuesday

Local Government

VUFN

12:15-1:15

3rd Tuesday

LCBF Board of Trustees

VUFN

4:00

Family Law

VUFN

12:00-1:00

LCBA Board of Directors

VUFN

12:00 noon

VUFN

5:30-6:30

VUFN

5:15-6:15

1st Thursday (Even Mo.)

3rd Wednesday 3rd Thursday 3rd Thursday As Needed

Debtor/Creditor Rights Employment Law

• RSVP to a meeting at www.lakebar.org. • Meetings subject to change. Please check your weekly e-news, the on-line calendar at www.lakebar.org or call the LCBA Office @ (847) 244-3143. • Please feel free to bring your lunch to the LCBA office for any noon meetings. Food and beverages at restaurants are purchased on a individual basis.

Do you have a speaker idea or suggestion for our business meetings? We would like to hear from you! Send your ideas to: jose@lakebar.org 14

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December 2021

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MEMBER RECEPTION SPONSORSHIP OPPORTUNITIES LCBA Member Receptions will generally be held on the 4th Thursday of every month. Your $500 sponsorship includes: • Recognition in advertising before the event and on signage at the event • Reception from 4:30 – 6:30 p.m. • Complimentary beer and wine. Upgrades available for additional fee.

Contact Jose at jose@lakebar.org to add your name to a reception. 300 Grand Avenue, Suite A, Waukegan, IL 60085 Tel: 847-244-3143 • Fax: 847-244-8259


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