Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the firm administrator for a 25-attorney firm in Baltimore, Md. We have 14 partners, nine of whom are in their 60s. We have no succession or transition plans in place for senior partners. Every time I bring up the topic there is resistance to even discuss it. I would appreciate any help that you can provide.
The Illinois Supreme Court interprets its supervisory authority broadly and holds that it is “unlimited in extent and hampered by no specific rules or means for its exercise.” Yet, historically, the court has used its supervisory powers only regarding issues brought to the court’s attention in petitions for leave to appeal (“PLAs”) where the court can order relief without full briefing, oral argument, or issuance of an opinion.
But recently, the court has been willing to exercise its supervisory power outside of the traditional context of PLAs. Examples include removing a judge for alleged judicial bias and misconduct, reinstating a summary judgment order vacated by the trial court on an improper basis, and ordering the appellate court to vacate an injunction.
The U.S. Attorney's Office Northern District of Illinois is accepting applications for assistant United States attorney openings in its Civil Division in Rockford.
Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least two years post-J.D. legal experience. U.S. citizenship is required.
Preferred qualifications include excellent academics, significant litigation experience, civil law experience, strong legal writing skills, and a demonstrated commitment to public service.
A recently-amended Illinois Supreme Court Rule requires the following language to be added to all civil summons:
“E-filing is now mandatory for documents in civil cases with limited exemptions. To e-file, you must first create an account with an e-filing service provider. Visit https://efile.illinoiscourts.gov/service-providers.htm to learn more and to select a service provider. If you need additional help or have trouble e-filing, visit http://www.illinoiscourts.gov/FAQ/gethelp.asp or talk with your local circuit clerk's office.”
The language, "or talk with your local circuit clerk's office" was added to the Rule on July 19. The amended Rule takes effect immediately.
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I started my firm as a solo practitioner nine years ago in New Orleans. My practice focuses on maritime defense litigation. Over the years I have added associates and currently I have six associates working for me. I am overwhelmed with work – from the legal work that I am doing in addition to business development and firm administration. My thought is that I should consider restructuring the firm by making some of my associates partners so I can offload and share some of the administrative responsibilities. I would like your thoughts. What are other firms in my situation doing?
Illinois is one of only 10 states that do not define "reasonable doubt" for juries.
Illinois courts have a well-established precedent to refrain from defining for juries what "beyond a reasonable doubt" means. The principle also is baked into the Illinois Pattern Jury Instructions-Criminal, which informs trial courts to not provide a definition instruction, stating: "reasonable doubt is a term which needs no elaboration and we have so frequently discussed the futility of attempting to define it that we might expect the practice to be discontinued."
The legal practice at the Administrative United States Penitentiary, located in Thomson, Ill., is seeking a senior Consolidated Legal Center (CLC) attorney.
Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least one year post-J.D. legal experience.
Prior experience in correctional law is desired though not required.
The U.S. Attorney's Office Central District of Illinois is accepting applications for an assistant United States attorney opening in its Criminal Division.
Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least one year post-J.D. legal experience. U.S. citizenship is required.
Admission to the Illinois bar is not required but is preferred. Criminal prosecution experience is preferred.
Lisa M. Nyuli, partner at Ariano Hardy Ritt Nyuli Richmond Lytle & Goettel P.C., discusses how to plan in advance of a sudden disability or death.
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the owner of a six-attorney litigation firm in the San Francisco Bay area. I am 60 years old and starting to consider gradually transferring my interest to associates in the firm. I have heard other attorneys mention that I should get some goodwill out of my practice. I would appreciate your thoughts.
A. Many law firm owners prefer to leave a legacy and keep the firm "within the family." They transition the firm to non-equity partners or associates in the firm at a discounted value, and buy-in as an incentive to stay on with the firm.