Q. I have recently discovered some unidentified funds in my IOLTA account. What do I do with those?
Practice News
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July 16, 2015 |
Practice News
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July 16, 2015 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Condominium Property Act (House Bill 2640), Amends the Common Interest Community Association Act (House Bill 2640), Mortgage Foreclosure (Public Act 99-24), Common-Interest Community Association Act (Public Act 99-41) and Mental Health and Developmental Disabilities Confidentiality Act (Public Act 99-28). More information on each bill is available below the video.
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July 15, 2015 |
Practice News
A Cook County judge held recently that categorically denying supervision to someone convicted of driving 40 or more miles per hour over the speed limit violates the proportionate penalties clause of the Illinois Constitution. Tom Speedie wrote about the case, People v. Rizzo (Cook County Case No. 37997158), in the May Traffic Laws & Courts newsletter.
Judge Deborah J. Gubin ruled that "the prohibition on court supervision for aggravated speeding [is] an unconstitutional violation of the proportionate penalties clause because it is cruel and degrading," Speedie wrote. "She lists the charges for which court supervision is unavailable, noting that many of them involve bodily injury. She goes on to observe that offenses for which court supervision is available include driving while suspended or revoked, driving under the influence, and theft.
"Judge Gubin concludes that mandating a misdemeanor conviction on a first offense, and not allowing a judge to consider mitigating factors, resulting in a non-expungable, permanent (barring a pardon) criminal conviction, with ongoing ramifications in many areas of a person's life, is cruel and degrading, thus unconstitutional," Speedie wrote. Find out more in the July Illinois Bar Journal.
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July 15, 2015 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the managing partner in a 14-attorney firm in Seattle. Our partnership has voted to dissolve the firm effective the Sept. 1, 2015. Two new firms will be formed. Eight attorneys will be going to one firm and six to another firm. What steps do we need to think about in managing this project?
A. You actually have two projects to manage. The dissolution project and the new firm start-up project for the firm that you will be joining. The other firm will also have a new firm start-up project as well. I will address in this blog some of the dissolution steps and I will address some of the new firm start-up steps in next week's post.
Dissolution Steps -
July 9, 2015 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Personal Information Protection Act (Senate Bill 1833), Decriminalization of cannabis (House Bill 218), New criminal law procedures (House Bill 1121), Body cameras (Senate Bill 1304) and Open Meetings Act (House Bill 175). More information on each bill is available below the video.
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July 9, 2015 |
Practice News
Illinois Supreme Court Justice Thomas L. Kilbride has announced an application process for appointment to an upcoming Circuit Court vacancy in the Ninth Judicial Circuit.
The vacancy will be created by Circuit Judge Steven R. Bordner's retirement, which takes effect August 20, 2015. Judge Bordner has been a judge since 1995 and has served in each of the six counties of the Ninth Circuit. He is currently assigned to the Fulton County Courthouse in Lewistown.
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July 9, 2015 |
Practice News
Q. I have a client who, because of a mental impairment, wishes to have a family member sit in on our discussions. Does this affect the attorney-client privilege?
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July 8, 2015 |
Practice News
In addition to the comprehensive family-law overhaul embodied in SB 57, the General Assembly also passed and sent to the governor HB 1531, a rewrite of the Parentage Act of 1984. The new Parentage Act of 2015 brings Illinois law in line with cultural and family-dynamic changes over the last 30 year. In particular, the language of the current Act is not gender-neutral and may be unconstitutional now that Illinois recognizes same-sex marriage. As with SB 57, the governor has not yet acted on the bill.
According to Oak Brook family law attorney Margaret Bennett, the Parentage Act of 2015 is a "two parent" statute that extends equal rights and responsibilities to both parents, regardless of gender. It also guarantees the right of every child to the physical, mental, emotional, and financial support of his or her parents. Making the statute gender-neutral fulfils the requirements of the Equal Protection Clause of the Illinois Constitution, Bennett says.
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July 8, 2015 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I have a quick question on a recent column of yours that appeared on last week's blog and in an ISBA email.
You refer to the following:
“One to one and a half times the owner's average earnings for the past five years is typical." Does this mean the total firm revenues or the amount the owner attorney received as income? I thought I have seen that multiplier to be on total firm revenue.
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July 7, 2015 |
Practice News
The Hon. James S. Cowlin, Associate Judge of the 22nd Judicial Circuit, has been appointed Resident Circuit Judge of McHenry County effective Sept. 8, 2015. This position is presently held by the Hon. Gordon E. Graham, who is retiring Sept. 7, 2015.