Practice News

Leading appellate attorneys review Illinois Supreme Court opinions handed down on Thursday, Nov. 30. The cases are People v. Cole, People v. Relerford, People v. Hunter, People v. Brown, People v. Staake, In re Marriage of Goesel, Corbett v. The County of Lake, Citibank, N.A. v. The Illinois Department of Revenue, Lawler v. The University of Chicago Medical Center, Ramsey Herndon LLC v. Whiteside, and In re Benny M.

People v. Cole

By Jay Wiegman, Office of the State Appellate Defender

The Sixth Amendment to the United States Constitution guarantees every criminal defendant the right to conflict-free counsel. Representation of multiple defendants by a single attorney does not represent a per se violation of the constitutional guarantee of the effective assistance of counsel. Within a law firm, multiple lawyers may not represent multiple clients if such representation would be a conflict for any lawyer who practiced alone, per Rule 1.10 of the Illinois Rules of Professional Conduct of 2010. Such potential conflicts of interest are common for Public Defenders, which were held to not be a firm in People v. Robinson, 79 Ill.2d 147 (1979).

The Land of Lincoln Legal Assistance Foundation, a non-profit organization that provides free legal services to low-income individuals and groups in civil cases, is seeking a staff attorney at the Central Regional Office in East St. Louis.

The position includes representing clients in the areas of foreclosure and landlord/tenant law, and giving presentations to members of client population about their rights.

To be considered for this position, you must be admitted to practice law in Illinois and demonstrate a commitment to the representation of low-income individuals. Prior legal services experience is preferred.

The preparation for "E-Day" - January 1, 2018, the first day civil circuit court cases across Illinois must be filed electronically - was arguably the most momentous development for the Illinois legal system in 2017, unless something bigger emerges in the final month.

But there were plenty of other significant stories, from the upcoming U.S. Supreme Court case arising out of Illinois that could have a major impact on labor law, to an Illinois Supreme Court case on the ability to tax charitable hospitals, to county lawsuits against pharmaceutical companies related to opioid abuse.

For example, starting in 2018, Illinois attorneys and firms that do not carry malpractice insurance will be required to complete a four-hour, interactive, online assessments of their firms' ethics and business practices under Illinois Supreme Court Rule 756(e), as amended in January 2017.

Also, the interdisciplinary model of conflict resolution known as collaborative law will be formally codified here through the Illinois Collaborative Process Act, which takes effect January 1. 

And the Illinois legislature took a step aimed at ensuring that the formula to determine child support payments is fair and equitable when it passed Public Act 99-764, an amendment to the Illinois Marriage and Dissolution of Marriage Act.

Find out more about these and other 2017 developments in the December Illinois Bar Journal.

Asked and Answered

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the sole owner of a six-attorney energy law practice in Houston. I have had my practice for twenty years and have enjoyed the independence of being the boss, but I am tired of being solely accountable for the success of the practice, having to do all the management, and having all the worry and stress. I believe I have reached the point where I am ready for a partner or partners and I believe that the practice can be positioned for growth if I bring in a lateral partner, make a couple of my associates partners, or merge with another firm. I welcome any suggestions that you may have.