Family Law attorney Morris Lane Harvey discusses post-trial motions in dissolution cases.
Practice News
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December 10, 2015 |
Practice News
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December 9, 2015 |
Practice News
Changes to the Rules of Professional Conduct adopted this fall by the Illinois Supreme Court reflect the growing importance of technology and how attorneys use it in their practices.
The changes address outsourcing attorney work, technology and attorney competence, lead generation services, communications with potential clients, and disclosure of information to prevent conflicts of interest, among other issues. The court also adopted rules allowing lawyers to advise clients about using, growing, and selling medical cannabis even though it is a federally controlled substance (see LawPulse, December 2014 Illinois Bar Journal) and requiring prosecutors to reveal post-conviction exculpatory evidence (see LawPulse, September 2015 Journal). The majority of the changes are effective January 1. They are posted on the supreme court website.
For example, comment 8 to Rule 1.1, which addresses attorney competence, now says that attorneys must remain abreast of "changes in…relevant technology," including their risks and benefits. Charles J. Northrup, ISBA general counsel, believes that staying up to date on the technology used in your practice is the "minimum threshold." But given that the rule speaks in terms of "relevant technology," it might extend further. Find out more in the December Illinois Bar Journal.
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December 9, 2015 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the managing partner of our six attorney civil litigation firm in Lexington, Kentucky. We are in the early stages of merger discussions with a 14 attorney firm in Lexington. My partners have asked me how other firms integrate their assets when the merger become effective. We would appreciate your thoughts?
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December 8, 2015 |
Practice News
Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that the 10th Judicial Circuit judges voted to select Suzanne L. Patton as an associate judge of the 10th Judicial Circuit.
Ms. Patton received her undergraduate degree in 1996 from Illinois State University in Normal and her Juris Doctor in 1999 from Southern Illinois University in Carbondale. Ms. Patton is currently affiliated with the Peoria County State's Attorney's Office in Peoria.
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December 8, 2015 |
Practice News
The Illinois Supreme Court has announced the creation of uniform standards and a certification and application process for problem-solving courts across the state.
Statewide standards will bring uniformity, accountability, and administrative oversight to problem-solving courts in Illinois, where there are already more than 100 in operation and more in the planning stages.
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December 7, 2015 |
Practice News
For the first time in nearly a century, the fees to obtain an Illinois law license and to certify documents will increase next year.
The Illinois Supreme Court approved these fee increases and other amendments to Rule 313 during its November Term. The increases will take effect July 1, 2016.
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December 3, 2015 |
Practice News
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases 1010 Lake Shore Association v. Deutsche Bank National Trust Company and DG Enterprises v. Cornelius. and the criminal cases People v. Carter, People v. Schweihs, People v. Thompson and People v. Espinoza.
CIVIL
1010 Lake Shore Association v. Deutsche Bank National Trust Company
By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC
A condominium association won summary judgment in a lawsuit it brought against a bank in a fight over whether the bank had extinguished the association’s lien rights following purchase of the unit at a judicial foreclosure sale. Interpreting two statutes, section 9(g)(3) of the Condominium Property Act and section 15-1509(c) of the Mortgage Foreclosure Law, the Illinois Supreme Court determined that a lien for unpaid assessments by a previous owner is not fully extinguished at a judicial foreclosure and sale unless the new owner “confirms the extinguishment” of the lien by paying assessments incurred after the sale. The lien is statutorily created upon a unit owner’s failure to pay common expenses when due. Even assuming that the condominium association was included as a party to the prior foreclosure action, the bank still was required to take the additional step to confirm the extinguishment by paying post sale assessments.
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December 3, 2015 |
Practice News
The Illinois Supreme Court has adopted a new rule to protect against identity theft and the disclosure of personal information in cases before the state's reviewing courts.
During its November Term, the Supreme Court approved Rule 364. It will take effect July 1, 2016, and affect all documents and exhibits filed by paper or electronically in criminal and civil cases before the Illinois Appellate and Supreme courts.
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December 3, 2015 |
ISBA News | Practice News
Looking for a short term opportunity to give back to the legal profession?
Or looking for help launching your legal career?Enroll in ISBA’s 2016 Lawyer-to-Lawyer Mentoring Program by December 18!
Hear what some of our 2015 participants have to say about the program:
Daniel Saeedi, Taft Stettinius and Hollister LLP, was admitted to the Illinois bar in 2008 and served as a mentor this year for Madeleine R.L. Goldfarb, a newly admitted attorney working at CinnamonMueller in Chicago. Daniel says the best thing he experienced being a mentor is satisfaction in helping new attorneys make contacts, identify marketing opportunities, find short cuts and time savers to practice more efficiently, and deal with whatever challenge they are facing at the time. He likes the one year length of the program because the new attorney will encounter a variety of issues over the course of the year and he is there to be a resource as those new issues arise.
1 comment (Most recent December 3, 2015) -
December 2, 2015 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the owner of a solo practice family law firm in Jackson, Mississippi. I have been in practice four years. I have been approached by a senior solo attorney that has a well established family law practice that generates $800,000 annually and is looking to sell his practice. We envision a merger where I would make an initial payment upon merging my firm with his and then buyout his interest over a five-year period. We have agreed on a fixed price for his ownership interest. However, we are not sure how to handle compensation. He wants to continue to work for another five to seven years. We would appreciate your thoughts.