As Helen Gunnarsson will report in more detail in the August Illinois Bar Journal, a fresh burden for lawyers is on the horizon, and the ABA, ISBA, and other bar associations are objecting on their members’ behalf.
Effective August 1, a new FTC rule will oblige most lawyers to develop written protocols to detect and address the “red flags” of identity theft. As the ABA says in its statement about the rule, applying it to lawyers “would impose an undue burden on law firms, especially solo practitioners, and would accomplish very little.”
Rockford lawyer J. Joseph McCoy summarizes the rule and its implications for lawyers nicely in his article “FACTA’s ‘Red Flags’ Rule May Apply To Law Firms,” which appears in the June 2009 issue of the ABA’s GP/Solo Technology eReport. The general FTC site has a helpful page consolidating its Red Flags Rule resources.
Northern Illinois
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July 8, 2009 |
Practice News
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July 8, 2009 |
Practice News
In part because of the steadfast efforts of Sen. Richard J. Durbin, $10 million was included in the Senate CJS Appropriations bill for the John R. Justice Prosecutor and Defender Incentive Act. This loan forgiveness program requires balance in awards between prosecutors and public defenders and equitable distribution across the states. This is less than the full $25 million authorized, but it's unusual for a new program to get full funding. It now goes to a joint House-Senate conference committee for final markup.
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July 8, 2009
State
- Lisa Madigan won't run for U.S. Senate, governor, Chicago Sun-Times
- Update from Madigan press conference, Chicago Tribune
- Dillard announces candidacy for governor, Chicago Sun-Times
- U. of I.
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July 8, 2009
Illinois Attorney General Lisa Madigan will announce that she will seek re-election -- and not run for governor or the U.S. Senate, the State Journal-Register is attributing to a report from the Washington Post. Madigan has called a 2 p.m. press conference. More from the Sun-Times' Lynn Sweet Hinsdale lawyer and lawmaker Kirk Dillard will announce his candidacy for Illinois governor later today, according to an AP story.
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July 8, 2009 |
ISBA News
President O'Brien discusses diversity and the need for Illinois to do a better job of providing legal help for low-income families. The new president of the Illinois State Bar Association describes himself as "the suburban white Irish guy," but John O'Brien thinks the profession and the association need more diversity. Click here for the full story
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July 7, 2009 |
Practice News
As Helen Gunnarsson reports in the July Ilinois Bar Journal, "lawyers with file drawers or boxes of original wills for long-lost clients may rejoice: there’s finally a way to get them out of the office. Assuming a new bill is signed into law, the Illinois Secretary of State will take them off lawyers’ hands – for a small fee, of course." The law was drafted by ISBA Trusts and Estates Section Council member Ray Koenig.
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July 7, 2009
Central Illinois
- Woman gets 6 years for cutting brother-in-law during sex, Bloomington Pantagraph
Chicago area
- Barnes & Thornburg adds 5 BigLaw laterals in Chicago, ABA Journal
- Charges dropped in 20-year-old murder case, Chicago Sun-Times
Northern Illinois
- Quad-City Die Casting union files charges with NLRB, Quad-City Times
- Rockford design firm sued for piracy, fraud, Rockford Register Star
Southern Illinois
- Foreclosure rates double in Madison County, triple in St. Clair, Belleville News-Democrat
Nation
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July 6, 2009
State
- U. of I. chancellor: Clout system must be fixed, Chicago Tribune
Central Illinois
- Former Clinton cop pleads guilty to stealing evidence, Bloomington Pantagraph
Chicago Area
- Former Cook County State's Attorney Dick Devine joins Resolute Systems, Illinois Lawyer Now
- Jenner & Block ranked top pro bono law firm, ABA Journal
Southern Illinois
- Judge delays ruling in lawsuit over Coleman murders, St. Louis Post-Dispatch
- DUIs kept in check at roadside stops over holiday weekend, Belleville News-Democrat
Nation
- In two states, a lower bar for conviction, New York Times
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July 6, 2009 |
Practice News
Last week the Supreme Court of Illinois issued new Illinois Rules of Professional Conduct to take effect Jan. 1, 2010. New Rule 3.9 has created quite a buzz among the lawyer-lobbyists as to what it means. It may have broader applicability than those of us who lobby in Springfield to include appearances before other governmental bodies. The Rule states that “A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.” The incorporation of Rule 3.5 creates the buzz. Rule 3.5 prohibits ex parte communication with an official during the proceeding. Can this be construed to prohibit all lobbying by a lawyer-lobbyist unless it is part of a scheduled public hearing? In other words, is all I can do to lobby is testify in committee? No position papers to elected members of the General Assembly? No one-on-one individual lobbying? I can’t imagine that was the intent. Rule 3.5’s title is “Impartiality and Decorum of the Tribunal.” Key word is “tribunal.” It is defined in Rule 1.0(m) as follows: “Tribunal” denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity.
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July 6, 2009 |
ISBA News
Chicago Sun-Times Advertising Critic Lew Lazare discussed the Illinois State Bar Association's Lincoln mosaic poster in today's column: The organization's latest marketing initiative from & Wojdyla is a poster that features a prominent image of Abraham Lincoln, perhaps Illinois' most famous -- and readily recognizable -- attorney. But recently a few other attorneys with strong connections to Illinois also have become almost as famous as Lincoln, and they are included in the dense collage of tiny headshots of past or present ISBA members that are superimposed over the poster's dominant Lincoln image. ISBA members can also submit their photo to danderson@isba.org to be seen in the next edition of the poster. Click here to read the full story (3rd item) Click here to order the poster