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?
Practice News
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July 9, 2015 |
Practice News
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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.
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July 7, 2015 |
Practice News
The United States Attorney for the Central District of Illinois is currently seeking qualified applicants for a position as Assistant United States Attorney (AUSA) in the Criminal/Appellate Division for our Peoria, IL location, which is one of four branch offices in the district. AUSAs in the Criminal Division supervise the investigation of and prosecute federal offenses involving among other things, financial fraud, hate crimes, identity theft, economic crimes, firearms trafficking, counterfeiting, program fraud, immigration violations, drug trafficking, violent crimes, domestic terrorism, bank robbery, human trafficking, child exploitation, transportation of stolen goods, prisoner litigation and public corruption.
This position will also have a focus on appellate work. The duties of this position will also include handling all aspects of appeals before the Seventh Circuit Court of Appeals, including writing appellate briefs and, arguing cases.
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July 7, 2015 |
Practice News
Justice Charles E. Freeman and the Illinois Supreme Court announced Tuesday the appointments of an assistant U.S. Attorney and a longtime Chicago lawyer as Cook County circuit judges.
Assistant U.S. Attorney Carrie E. Hamilton was appointed as Circuit Judge in the 12th Subcircuit and Chicago lawyer John Fitzgerald Lyke Jr. was appointed as At-Large Circuit Judge in Cook County.
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July 6, 2015 |
Practice News | People
The University of Illinois has named Vikram David Amar as the next dean of the College of Law, pending approval from the University’s Board of Trustees at their July 15 meeting. Amar will assume the deanship, and also become the Iwan Foundation Professor of Law, on August 16. For the last several years, Amar has been the senior associate dean for academic affairs and a professor of law at the University of California, Davis School of Law.
“Professor Vik Amar stood out to all of us involved in this national search as the clear choice to lead the College of Law here at Illinois,” said Ilesanmi Adesida, the vice chancellor for academic affairs and provost of the Urbana campus. “His vision of a college recognized for its cutting-edge scholarship and for close connections to the profession and society in which its graduates will serve is one that aligns perfectly with the land-grant values of this university. He understands the challenges of providing world-class legal educational and professional experiences to our students while ensuring that those experiences remain affordable and accessible. I look forward to working with Dean Amar as he leads one of our oldest and proudest colleges to national and international pre-eminence.”
Amar said he has been “deeply impressed by the College’s highly productive and influential faculty in law and related disciplines, its dedicated staff, its talented student body, its loyal and accomplished alumni base, and its place in a premier research university located two hours from downtown Chicago, a city where the College is developing exciting programs for upper-division law students.”
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July 2, 2015 |
Practice News
The Illinois Supreme Court has announced the formation of a Committee on Equality, charged with promoting equality and fairness in all aspects of the administration of justice in Illinois Courts.
The Committee on Equality will consist of 15 judges and attorneys appointed by the Supreme Court. The membership of the Committee will reflect the diversity of the State of Illinois itself, based on age, race, gender, and background, as well as including members from urban, suburban, and rural parts of the state.
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July 1, 2015 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am a senior associate in an eight-attorney elder law firm in Miami. There is one owner (founder) and seven associates including myself. The owner has approached me with a proposal to over time buy out his interests. I am the only senior associate in the firm and the only associate that he has approached concerning selling his interests. Specifically his proposal is as follows:
- Pay him $825,000 for the practice over five years.
- After five years I will own 100% of the shares.
- My compensation arrangement will remain the same (salary plus formula percentage incentive bonus based upon my responsible attorney collections) until I have acquired 100 percent interest of the firm.
- The owner wants to work in the firm indefinitely after his interest are acquired as an employee or Of Counsel.
I don't know how to respond to this proposal and would appreciate your thoughts? Is it fair? Does it make sense?
A. It makes sense for him. Seriously, you are going to need much more information than this proposal.To get started you need to ask for and review the following:
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July 1, 2015 |
Practice News
Illinois Supreme Court Justice Mary Jane Theis announced on Wednesday an application process for a vacancy in the Sixth Judicial Subcircuit of Cook County.
The vacancy was created by the retirement of Circuit Judge Leida J. Gonzalez Santiago. Judge Santiago had served as a judge since 1992, when she became the first Hispanic woman elected to the judiciary in Illinois. Her retirement takes effect July 2, 2015.
Under the Illinois Constitution, judicial vacancies are filled on an interim basis by Supreme Court appointment until the next General Election. Justice Theis will make a recommendation to the Supreme Court after applicants for the position undergo a screening and evaluation process.