The Illinois Supreme Court has appointed Joel J.C. Powless as a resident circuit judge in the Fourth Judicial Circuit.
Powless is being appointed to fill the vacancy created by the retirement of the Hon. Wm. Robin Todd on Jan. 18. The appointment takes effect on March 1 and will conclude on Dec. 7, 2020, when the vacancy will be filled by the winner of the November 2020 general election.
The Illinois Supreme Court announced today several changes to the assessment system by which fees, fines, and other court costs are paid by civil and criminal case litigants.
These changes are a result of Public Act 100-0987, which was passed by the legislature in 2018 in order to simplify the imposition, collection, and distribution of court assessments. The changes include Civil Assessment Schedules as well as fee waivers in amended Rule 298 and new Rule 404.
The changes are effective July 1, and the new assessment structure, not including the waivers, expires Jan. 1, 2021.
Attorney Kristin Olson discusses tips to avoid having to deal with the ARDC through better communications. Tips include writing monthly case status letters, returning phone calls on a timely basis, responding promptly to emails, and explaining a case to a client.
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. Our firm is a 16-attorney personal injury insurance defense firm located in Dallas, Texas. I am a member of our three-person management committee. We have been experiencing associate attorney and staff turnover. Recently, we had all employees complete confidential surveys concerning their thoughts and feedback concerning the firm. One theme that was central to all was that the firm has poor communications with employees. I would like to hear your thoughts on what we need to do to improve.
The Office of the State Appellate Defender has openings for the position of assistant appellate defender in Springfield and Mt. Vernon.
The position will provide criminal appellate representation to indigent clients. Responsibilities include reading records, conducting research, drafting briefs and other documents, and presenting oral arguments.
To limit the number of frivolous malpractice claims and thus lower insurance costs, Illinois and 27 other states require attorneys to consult a health-care professional before filing a medical-malpractice suit. But for those bringing a medical-malpractice case, such prelitigation requirements can present a daunting, complex maze. In February’s Illinois Bar Journal, Christopher Michels explores the required steps for bringing a healing-arts malpractice claim in Illinois in his article, “The Malpractice Maze: Bringing a Healing-Arts Malpractice Suit and the Requirements of Section 2-622.”
The Illinois Supreme Court handed down two opinions on Thursday, Feb. 7. In Beaman v. Freesmeyer, the court clarified the proper test for the “commencement or continuance” prong of the tort of malicious prosecution. In People v. Gawlak, the court reversed the appellate court’s decision in a case involving due process rights and the assistance of counsel.
A bill that the Illinois State Bar Association spoke against during last year’s legislative session was refiled this week. The bill, HB 185, would amend the Illinois Marriage and Dissolution of Marriage Act to mandate a rebuttable presumption in favor of equal parenting time in every family law case.
The only exception is if the parents present an agreed written parenting plan, and that plan is approved by the court. If the court deviates from this presumption, it requires the court to issue a written decision stating its specific findings of fact and conclusions of law in support of its ruling.
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the owner of an eight-attorney insurance defense law firm in the greater Chicago area. All of the other attorneys in the firm are associates. They are currently paid a salary plus a bonus for billable hours that exceed certain thresholds. I am in the process of establishing a non-equity partner tier and for this tier I want to set up a different compensation system with the focus on collected revenues rather than billable hours. I will continue to pay non-equity partners a salary with a bonus for collected working attorney fees. I will also pay responsible attorney fees for other timekeepers' work over the target threshold. I have given some thought to client origination of business, but since we have a small universe of insurance company clients, I'm not sure how this would play out. I would appreciate your thoughts.
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers perjury, interest on child support, the Disposition of Remains Act, the Condominium Property Act, foreclosure in cities of more than two million residents, post-judgment changes,and the Open Meetings Act.
Perjury. House Bill 914 (Bennett, R-Pontiac) extends the statute of limitations for perjury to seven years. Current law is three years. House Bill 914 was assigned to House Criminal Law Committee.