Attorney Profile

Tim Swain 
Peoria, Illinois
Partner
phone (309) 637-1700
fax (309) 637-1708
email Email Me

An experienced trial lawyer, Mr. Swain has tried a wide range of cases before juries, judges, and administrative bodies. He has handled matters in the trial courts and the appellate courts, both State and Federal. His broad civil law experience has prepared him to handle cases and fact situation at all levels. As an estate planner, he emphasizes the importance of planning not only to reduce tax burdens, but also to preserve and foster strong continuing family relationships.

Legal Background

Mr. Swain was admitted to the Illinois bar and to the bar of the United States District Court, Central District of Illinois in 1963.

Upon graduation from college in 1961, Mr. Swain was commissioned as an Infantry officer in the United States Army. Following graduation from law school in 1963 and admittance to the Illinois bar, he served on active duty for two years (1964-1965). Following Airborne and Ranger training at Fort Benning, Georgia, he was assigned to Fort Campbell, Kentucky, where he qualified as a Jumpmaster. At Fort Campbell, Mr. Swain served as a platoon leader, Company B, 2/502 Infantry (Airborne), 1st Brigade, 101st Airborne Division, and later as battalion adjutant (S-1). From there, he was assigned to be the Intelligence Officer (S-2) of the 1st Brigade. In early July 1965, he accompanied the 1st Brigade, 101st Airborne Division to the Central Highlands of Vietnam, serving in such places as Nha Trang, Dong Ba Thin, Cam Ranh Bay, Qui Nhon, An Khe, along Route 19 with Task Force Hansen, on George W. Burkheart Hill, and finally Phan Rang. Mr. Swain is the recipient of the Combat Infantryman's Badge, Bronze Star, Vietnam Service Medal, Vietnamese Parachutist Wings, and the 1st Brigade's Certificate of Merit. Both at Fort Campbell and in Vietnam, he served as defense counsel for both enlisted men and non-commissioned officers in Special Courts Martials.

In 1966, Mr. Swain was admitted to practice law before the United States Court of Appeals, Seventh Circuit; in 1974 before the United States Supreme Court; and in 1985, before the bar of the State of Tennessee. From 1969 to 1984, he served as an Illinois Special Assistant Attorney General for Condemnation. In that connection, he handled the majority of the eminent domain cases that were tried to a jury concerning the right-of-way acquisition for I-474 and Illinois Route 6 in Peoria County, Illinois. He also handled condemnation matters for the Illinois Department of Conservation throughout Central Illinois. Mr. Swain was a Hearing Officer, Illinois Pollution Control Board from 1973 until 1977. He served as Chairman of the City of Peoria Board of Personnel Appeals from 1973 until 1984.

Books and Articles Published

Mr. Swain is the author of "Federal Civil Practice: Can Non-Party Insurer Be Ordered to Appear?," Chicago Daily Law Bulletin, November 1986. More recently, he is the author of "Leasehold Damages and Awards in Eminent Domain," 1995, Illinois Institute for Continuing Legal Education. He was a lecturer in Peoria and Chicago for "Proving Damages in a Wrongful Death Case," 1981, Illinois Institute for Continuing Legal Education.

Professional Memberships & Activities

Chair, Standing Committee on Judicial Advisory Polls, 1981-1982, Illinois State Bar Association; Chair, Legislation Committee, 1972-1973, Courts and Procedures Committee, 1973-1974, Task Force for Advertising and Specialization, 1977-1978, and a member of the Grievance Committee of the Peoria County Bar Association. Former member of the Litigation Section, Committee on Commercial Banking and Financial Transactions Litigation, of the American Bar Association. He has served on the Board of Governors of The Seventh Circuit Bar Association and has served as its District Court Liaison Representative, Illinois Central District, from 1988 until 1998. He is a member of The Society of Trial Lawyers of Illinois, The Federalist Society and has previously been a member of the American Bar Association, Illinois Defense Counsel; Lawyer-Pilots Bar Association; Defense Research and Trial Lawyers Association; and Estate Planning Council of Central Illinois.

Community Activities

Outstanding Young Man, 1973, Peoria Jaycees. Mr. Swain has long been active in The Salvation Army in Peoria and the Heartland Division.He has served on the Tri County Advisory Board from 1973 until the present, becoming an Emeritus member in 1998. He is a recipient of both The Salvation Army's William Booth award and the Others award. From 1987 until 1996 (designated Emeritus, 2001), he served on its National Advisory Board, where he served as Chairman of its Advisory Development Committee. He has served as Chairman of The Salvation Army Tri-County Advisory Board and Chair of its nominating committee. He is a Director of the 13 state Central Region of the U.S. Army Ranger Association (2004 to present). He is the President of The Edgewild Homeowners Association (2003 to present).  He has also been active in The American Legion, serving as Peoria Post No. 2's Judge Advocate ( 1991-2005). He is a member of The Heritage Foundation. He is a life member of the following organizations: University of Illinois Alumni Association; 101st Airborne Division Association; Chicago Maxwell D. Taylor Chapter, 101st Airborne Division Association; Vietnam Veterans of Illinios; The American Legion; Veterans of Foreign Wars; Tennessee Lawyers' Fund for Client Protection; Peoria High School Alumni Association; U.S. Army Ranger Association; Heart of Illinois POW/MIA Association; 101st Airborne Divsion Vietnam Veterans; University of Illinois President's Council; Distinguished Member of the 502nd Infantry Regiment; National Rifle Association; Illinois State Rifle Association; Colonel David H. Hackworth's Band of Brothers.

He has been a member of Rotary Club of Peoria since 1976, having served multiple years as Chairman of its Classification and Membership Committee. He serves as legal counsel and board member of the Peoria High School Alumni Association and the PHSAA Foundation. Previously, he has served on the Board of Directors of Methodist Medical Center of Illinois; trustee, Lakeview Museum of Arts and Sciences; board member, Neighborhood House. 

Education

After attending public schools in Peoria, Mr. Swain graduated from the University of Illinois in 1961 with a major in political science, earning a B.A. From there, he attended and graduated in 1963 from the University of Illinois College of Law, from which he holds a Juris Doctor degree.

Personal Information

Tim Swain was born in Peoria, Illinois. He is married to the former Sara Avalyn Berry of Franklin, Tennessee. They have a daughter in Great Falls, Montana, a daughter in Peoria, Illinois, a son who is a Medical Doctor, and has completed his Residency in General Surgery (The Lankenau Hospital, Wynnewood, Pennsylvania), and will shortly commence his Fellowship in Cardiothoracic Surgery at the University of Rochester,  and a daughter in Denver, Colorado. 

Areas of Practice:
Eminent Domain
Personal Injury - Defense
Civil Litigation
General Practice
Litigation Percentage:
50% of Practice Devoted to Litigation
Bar Admissions:
Illinois, 1963
U.S. District Court Central District of Illinois, 1966
U.S. Court of Appeals 7th Circuit, 1974
U.S. Supreme Court, 1974
Tennessee, 1985
Education:
University of Illinois College of Law, Champaign, Illinois, 1963
J.D.


University of Illinois, 1961
B.A.
Major:  Political Science


Published Works:
"Federal Civil Practice: Can Non-Party Insurer Be Ordered to Appear?", Chicago Daily Law Bulletin, November, 1986


"Leasehold Damages and Awards in Eminent Domain", Illinois Institute for Continuing Legal Education, 1995


Classes/Seminars Taught:
"Proving Damages in a Wrongful Death Case", Illinois Institute for Continuing Legal Education, 1981


Professional Associations and Memberships:
Illinois State Bar Association, 1981 - 1982
Chair, Standing Committee on Judicial Advisory Polls


Illinois State Bar Association, 1972 - 1973
Chair, Legislation Committee


Illinois State Bar Association, Courts and Procedures Committee, 1973 - 1974


Illinois State Bar Association, Task Force for Advertising and Specialization, 1977 - 1978


Peoria County Bar Association, Grievance Committee


American Bar Association, Litigation Section, Committee on Commercial Banking and Financial Transactions Litigation


The Seventh Circuit Bar Association, Board of Governors


Seventh Circuit Bar Association, Illinois Central District, 1988 - Present
District Court Liaison Representative


The Society of Trial Lawyers of Illinois


Illinois Defense Counsel


Past Employment Positions:
United States Army, Active Duty, 1963 - 1965


Illinois Special Assistant Attorney General for Condemnation, 1969 - 1984


Fraternities/Sororities:
Phi Delta Phi

Practice Areas


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