Practice News

Chicago area immigration attorneys have reportedly seen an uptick in both demand for their services and immigration scams (http://bit.ly/2pw699g). Illinois Attorney General Lisa Madigan issued a press release warning immigrant communities about potential fraud (http://bit.ly/2qzEDev). Her office recently sued southwest suburb-based Norma Bonilla, who is accused of immigration fraud (http://cbsloc.al/2r18JYe). Bonilla has allegedly defrauded at least four people who were seeking immigration law services. Bonilla is not an attorney.

How do people fall prey to these scams? In some cases, their misunderstanding based on the legal conventions of their native cultures may lead them to fall victim to the unauthorized practice of law.

In some countries, for example, notaries ("notarios") are authorized to provide some basic legal services, while in the U.S. they are merely authorized to witness signatures. As such, it is understandable that some immigrants may assume that a notary can assist them with legal services, including immigration services. According to an FAQ published by the ISBA Task Force on Unauthorized Practice of Law, in addition to licensed attorneys, not-for-profit entities registered with the Board of Immigration Appeals can provide immigration law services (http://bit.ly/2ps85mA).

Find out more in the June Illinois Bar Journal.

ISBA Director of Legislative Affairs Jim Covington reviews legislation of interest to ISBA members. This week, he summarizes some of the more important bills that have been sent to the governor, or will be sent this summer. Once he receives it from the General Assembly, he has 60 days to sign, veto, or amendatorily veto it. If he takes no action, it becomes law as a “pocket signature.”

For context, please note that the House introduced 4,063 bills, and the Senate introduced 2,212 bills. The number of bills passing both chambers was 296 House Bills and 194 Senate bills.

More information on each bill is available below the video.

Kerry Bryson reviews People v. Sebby, handed down by the court Friday, June 2.

People v. Sebby

By Kerry Bryson, Office of the State Appellate Defender

On October 27, 2011, LaSalle County Sheriff's Deputies went to the Sebby residence to serve a custody order. They were looking for the defendant's mother, Bonnie, who they believed had current physical custody of the defendant's niece (L.S.). L.S.'s mother, Casey, was the defendant's sister. Casey died in a car accident a month prior, and the custody order directed law enforcement to assist L.S.'s biological father in obtaining custody of her.

Deputies had gone to the Sebby residence on two occasions during the week prior to October 27, but had been unsuccessful in serving Bonnie with the custody order. On the 27th, deputies arrived at 6 a.m., knocked on the door, and were met by a young woman who did not live at the home. The events that followed were recounted by both the deputies and the defendant and his family and friends, with each side giving a version which differed from the other, and with each version being plausible. The encounter ended with the defendant's arrest for resisting.

Ultimately, the case proceeded to jury trial. During jury selection, there were defects in the Rule 431(b) admonishments provided by the court (commonly known as the Zehr admonishments). Defense counsel, however, did not object to the defective admonishments. On appeal, the defendant relied on the plain error doctrine to challenge the unpreserved 431(b) error.

Asked and Answered 

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

Q.  I am the founder, majority partner (80 percent), and managing partner of a 22-attorney firm in Phoenix, Arizona. The firm practice is focused in the area of healthcare. There are 12 equity partners, five non-equity partners, and five associates. I manage the firm as a benevolent dictator. I am becoming overwhelmed trying to manage the firm and practice law and I believe the firm is now at a size where others must become involved in managing the firm. I have been considering forming a committee of all the equity partners to manage the firm. Your thoughts are welcomed.