Michael J. Fleck

Title: Visiting Practitioner in Residence
Office Location: Swen Parson 194A
Email: mfleck@niu.edu
Education: B.S., University of Illinois - Urbana
J.D., IIT Chicago-Kent College of Law

Michael J. Fleck is a private attorney in Huntley, Illinois and is pleased to be a visiting practitioner in residence, teaching secured transactions, commercial sales, and trusts and estates. He has extensive experience in the practice of trusts and estates, real estate, commercial litigation and employment law, as well as practice experience in other areas of law. Professor Fleck has tried many bench and jury trials and practiced appellate work in the Illinois Appellate Courts as well as the 7th Circuit Court of Appeals. He is a member of the Federal Bar for the Northern District of Illinois (including Trial Bar), the Seventh Circuit Court of Appeals and the United States Supreme Court. In addition to his client-based practice, he has given numerous lectures and provided continuing legal education presentations and materials in the area of trusts and estates, including professional responsibility issues related to that area of law.

Before coming to NIU in 2023, Professor Fleck also served as in-house counsel and senior trust officer for a national bank. He has served as a board member for a hospital system foundation board, the Huntley Area Library District (including board president) and the Huntley Consolidated School District 158 (including board president). Prior to becoming a lawyer, Professor Fleck was a member of the research faculty at the University of Illinois - Illinois State Water Survey as an environmental research chemist. He has co-authored and presented papers as a scientist and has received two U.S. patents for devices incorporating the chemical processes for water and air treatment.

Publications and Seminars

  • "The Logistics of Handling Powers of Attorney Under the Recent Amendments to the Act – Reasonable and Unreasonable Cause to Refuse", Ill. Bar Trust & Estates vol. 71, no. 5 December 2024
  • "Artificial Intelligence and Technology in Estate Planning and Administration – Pros and Cons of Access to Legal Services for the Disadvantaged", submitted and presented at the Athens (Greece) Institute 21st Annual International Conference on Law, July 2024
  • Seminar: FMLA - Ziccarelli v. Dart, October 2023, McHenry County Bar Association, Employment Law Subcommittee Seminar
  • Seminar: Probate Case Law Review, June 2023, Kane County Bar Association, Probate and Elder Law Committee
  • Seminar: The Illinois Uniform Partition of Heirs Property Act, June 2023, Kane County Bar Association, Probate and Elder Law Committee
  • "The Illinois Uniform Partition of Heirs Property Act", Ill. Bar Trust & Estates vol. 69, no. 10 April 2023
  • Public Act 102-68 – Long Awaited Changes to the Illinois Residential Real Property Transfer on Death Instrument Act - Ill. Bar Trusts and Estates vol 68, no.2 August 2021.
  • Transfer on Death Instruments - Pitfalls and Pending Legislation - Ill. Bar Trusts and Estates vol 67, no.10 April 2021.
  • "The New Illinois Uniform Trust Code", The Kane County Bar Association Estate, Probate and Elder Law Committee Seminar, (Author and Presenter), March 5, 2020.
  • The Illinois Trust Code: What Is it and What Do I Need to Know? (A series of seven articles on the Illinois Trust Code), Ill. Bar Trusts and Estates vol 66, no.2 August 2019; vol 66, no.3 September 2019; vol 66, no.4 October 2019; vol 66, no.5 November 2019; vol 66, no.6 December 2019; vol 66, no.2 January 2020; vol 66, no.8 February 2020.
  • "Transferring Adult Disabled Guardianships Between States", Ill. Bar Trusts and Estates vol 65, no.9 March 2019
  • "Key Laws and Client Intake/Goal Setting"; and "Testamentary Documents - Drafting Do’s and Don’ts", Estate Planning and Administration: The Complete Guide, National Business Institute (Author and Presenter), Naperville, Illinois – September 2018.
  • "Big bank versus little client: How to deal with unreasonable requests and demands", Ill. Bar Trust & Estates vol. 65, no. 2 August 2018
  • "Ethical Practice Considerations and Concerns in Probate", The Ultimate Guide to Probate, National Business Institute (Author, Unable to Present due to Injury), Springfield, Illinois – November 2017.
  • "Ethical Considerations in Probate", Probate GAL Training, McHenry County Bar Association, Woodstock, Illinois - October 2017
  • "Taking the First Step: Filing an Estate in Probate Court"; "Understanding the Role of the Personal Representative in Probate"; and "Determining if a Spouse’s Elective Share is a Reasonable Option", The Probate Process from Start to Finish, National Business Institute (Author and Presenter), Champaign, Illinois – May 2016.
  • "First Steps" and "Educating the Personal Representative", Probate Boot Camp, National Business Institute (Author and Presenter), Eau Claire, Wisconsin – National Video Webcast, September, 2015; Presented Live in Springfield, Illinois, June 2015.
  • "Estate Planning for the Disabled" and "Ethical Considerations", Trusts 101, National Business Institute (Author and Presenter), Chicago and Naperville, Illinois – August 2015.
  • "Statutory Overview and Updates", Don’t Let Your POA be DOA: The Latest on Powers of Attorney & Guardianships, Illinois Institute for Continuing Legal Education, and Seminar Moderator, Chicago, Illinois – June 2015.
  • "Ethics and Estate Planning" and "Planning Methods to Control Medical Treatment", Drafting Effective Wills and Trusts, National Business Institute (Author and Presenter), Northbrook, Illinois – May 2014
  • "Maintaining an Ethical Balance in Probate Practice" "Uncovering the Laws of Intestacy and How They May Apply" and "Litigating the Case in Probate Court", The Probate Process from Start to Finish, National Business Institute (Author and Presenter), Springfield, Illinois, June 2014.
  • "Trust Administration Basics" and "Legal Ethics in Probate Practice", Probate Basics, National Business Institute (Author and Presenter), Springfield and Naperville, Illinois, June 2013.
  • "Litigating the Case in Probate Court", The Probate Process from Start to Finish, National Business Institute (Author and Presenter in Rockford and Springfield), Peoria, Rockford, Springfield, Illinois – June 2012. Also presenting in Rockford and Springfield on the topics of "Maintaining an Ethical Balance in Probate Practice," and "Uncovering the Laws of Intestacy and How They May Apply."
  • "Provide and Protect", Guest presenter for the Centegra Foundation, Algonquin, Illinois – April 2012. (Materials © 2012 Crescendo Interactive, Inc.)
  • "Estate Planning Basics", Guest presenter for Weyers Financial Consultants, Lakewood, Illinois, March 2012.
  • "I’m Trustee and Executor . . . Now What?", a workshop on the rights, duties and responsibilities as an executor and/or trustee. Presented at Citizens First National Bank – Huntley, Illinois as guest speaker of Citizens Financial Advisors – May, 2011.
  • "6 Keys for Effective Illinois Estate Administration", Illinois Institute for Continuing Legal Education, Moderator, Chicago, Illinois – February 2010
  • "Handling Individual Retirement Accounts After the IRA Owner Is Deceased", Illinois Institute for Continuing Legal Education, Author and Presenter, Chicago and Champaign, Illinois – June 2008.
  • "Roadblocks in Probate: How to Deal with Common Challenges", Fundamental Probate Procedures and Practice, National Business Institute (Author and Presenter in Rockford), Peoria, Rockford, and Springfield, Illinois - March 2008.
  • "Comparison of EE/M and Cumulative Efficiency Methods for the Evaluation and Optimization of Advanced Oxidation Processes for DOC Removal from Water", Peyton, G. R. Fleck, M. J. LeFaivre, M. H., Journal of Advanced Oxidation Technologies, (2003) Vol. 6; Part 2, pages 176-185.
  • Seminar: "The Basics of Real Estate Transactions," presented to The People’s Law School at McHenry County College, Crystal Lake, Illinois - April 2000.
  • Seminar: "Probate Basics", presented at the Algonquin Public Library (Illinois), March 2000.
  • Seminar: "Estate Planning", presented at the Algonquin Public Library (Illinois), February 2000.
  • Seminars: "Estate Planning", presented as part of the Edward Jones Investment Seminars at McHenry West High School (Illinois), various dates ca. 1999-2000.
  • Seminar: "Enforcing Environmental Liens: Strategies and Options for Environmental Contractors", presented to the 13th Annual National Lien and Bond Claim Systems Seminar, The Marriot Hotel, Chicago, Illinois - November 1998.
  • Seminar: "The Basics of Real Estate Transactions from Contract to Closing", presented to the McHenry County Bar Association Young Lawyers Section, McHenry County Government center, Woodstock, Illinois - March 1998.
  • "The Illinois Brownfields Law: Environmental Protection Meets Economic Productivity." Fleck, M.J. 84 Ill. Bar J. 400 (August, 1996); referenced with permission of Michael J. Fleck and the Illinois State Bar Journal in Salsich, P.W. and Tryniecki, T.J., Land Use Regulation, American Bar Association, Chicago, IL 1998.
  • "Simple Characterization of Photoreactors for Use in Photooxidative Water Treatment Processes." Peyton, G.R., Smith, M.K. and Fleck, M.J. Submitted to Environmental Technology Letters - August 1990.
  • "Experimental Design for Accurate Measurement of the Utilized Ozone Dose in a Water Treatment System". Peyton, G.R., Fleck, M.J., George, G.K. and LeFaivre, M.H. Submitted to Ozone: Science and Engineering - July 1990.
  • "Investigation of Photochemical Oxidation Techniques for Treatment of Groundwater Contamination". Peyton, G.R., Fleck, M.J., George, G.K. and LeFaivre, M.H. Submitted to U.S. Naval Civil Engineering Laboratory - 1990.
  • "Field Scale Evaluation of Aquifer and Wastewater Cleanup Using a Mobil Oxidation Pilot Plant (MOPP) Phase I. Assembly and Preliminary Testing". Peyton, G.R., Fleck, M.J. HWRIC Report RR-037 - October 1989.

Non-Technical Articles

  • "Environmental Information for Asset Management". Fleck, M.J. Northern Illinois Real Estate Magazine, V.3 No. 8 - August 1993.
  • "Environmental Assessments and Due Diligence." Fleck, M.J. Northern Illinois Real Estate Magazine, V.3 No. 6 - June 1993.
  • "Safety & Environment: Why Comprehensive Compliance Management?" Latko, M.A. and Fleck, M.J. Northern Illinois Real Estate Magazine, V.4 No. 8 - June 1994.