ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers IMDMA Rewrite (Senate Bill 57), The Parentage Act (House Bill 1531), Mortgage Foreclosure (Senate Bill 735), Decriminalization of cannabis (House Bill 218), Mechanics Lien Act (House Bill 2635), Disabled adults (Senate Bill 90), Guilty pleas (House Bill 2569), New criminal law procedures (House Bill 1121), Health Care Power of Attorney (Senate Bill 159) and Lifetime revocation issue (House Bill 1446). More information on each bill is available below the video.
Practice News
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May 14, 2015 |
Practice News
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May 13, 2015 |
Practice News
When it comes to sharing digital files -- whether documents, music, or almost anything else -- the ubiquitous Dropbox is sure to come to mind. But lawyers have to meet a high security standard, and "[a]lthough Dropbox encrypts the files on its server, Dropbox has had at least one security incident in the past, and Dropbox maintains a master key to the files," writes Chicago lawyer and tech expert Todd Flaming in the latest ISBA Standing Committee on Legal Technology newsletter.
What if you want more security for the files you're sharing on Dropbox? "[C]onsider using an add-on product called Boxcryptor," Flaming writes. "It creates a virtual drive on your computer that allows you to encrypt your files locally before uploading them to the cloud."
How? "Boxcryptor uses your own personal encryption key to encrypt every file before the file is saved into Dropbox and decrypt the file before you open it," Flaming writes "Thus, when the file is uploaded to Dropbox, it is already encrypted, and no one has the key."
Find out more in Flaming's article, where he also discusses the pros and cons of Boxcryptor and gives a remarkably short but clear explanation of cloud computing and how it works.
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May 13, 2015 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the sole owner of a debtor bankruptcy practice. I have one other attorney and three staff members. Last year we spent $50,000 of advertising. Our fees collected were $550,000 and Net Income was around $160,000. Are we spending too much?
A. You are spending 9% of fee revenue. I believe that in a consumer practice such as personal injury and debtor bankruptcy you have to spend around 10% of fee revenue to get the business you need to sustain the practice. I have some practices spending 19% of revenue.
So, I don't think you are necessarily spending too much if the advertising is working for you. You have to constantly measure the ROI on your advertising and fine tune it when needed.Also, insure that the business is actually coming from the advertising - in other words don't advertise to get business you would have had anyway or in a market that you have saturated and more advertising will not yield any additional business.
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May 13, 2015 |
Practice News
Q. Do I have a duty to notify the opposing party when I receive documents that were inadvertently sent to me in discovery?
A. IRPC 4.4(b) states that a “lawyer who receives a document relating to the representation of the lawyer’s client and knows that the document was inadvertently sent shall promptly notify the sender.” Comment [2] to that rule says any additional steps, such as returning the original document, are beyond the scope of these Rules.ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.
[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.] -
May 8, 2015 |
Practice News
The Illinois Supreme Court overturned the 2013 pension law on Friday, ruling it unconstitutional. Justice Karmeierdelivered the judgment of the court, with opinion. Chief Justice Garman and Justices Freeman, Thomas, Kilbride, Burke, and Theis concurred in the judgment and opinion, which can be found at http://illinoiscourts.gov/Opinions/SupremeCourt/2015/118585.pdf
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May 8, 2015 |
Practice News
The Illinois Municipal Retirement Fund (IMRF) requests proposals from attorneys/law firms to act as hearing officer for the Board of Trustees in administrative hearings. IMRF anticipates that the contracts to be awarded will be for a two (2) year period, with a possible one (1) year extension, at IMRF’s option.
In order to be considered for selection, proposals must be received via e-mail in Adobe Acrobat or Word format no later than June 15, 2015, 4:30pm CST.
Find out more and download the full RFP at www.imrf.org/en/about-imrf/procurement/bid-schedule
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May 6, 2015 |
Practice News
Justices of the Illinois Supreme Court administered the attorney’s oath to 600 new attorneys on Thursday, May 7 at five separate locations across the state.
The largest group, 403, were admitted in the First Judicial District during three ceremonies at the James R. Thompson Center Assembly Hall, 100 W. Randolph St. in Chicago. The ceremonies were held at 9 a.m., 11:30 a.m. and 2:30 p.m.
Justice Anne M. Burke presided over the 9 a.m. ceremony in the First District. Guests of the morning ceremony included Thomas A. Clancy, of the Illinois Board of Admissions to the Bar; Celestia L. Mays, president of the Cook County Bar Association; and Anita DeCarlo, president of the Justinian Society who moved for admission of the class.
Justice Charles Freeman and Appellate Justice Cynthia Cobbs presided over the 11:30 a.m. ceremony. Guests of the second First District ceremony included: Sheila B. Kennedy, of the Illinois Board of Admissions to the Bar; Illinois State Bar Association President Richard D. Felice; and John Litchfield, president of the Lesbian and Gay Bar Association.
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May 6, 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 Division for our Rock Island, 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, and public corruption.
Responsibilities will increase and assignments will become more complex as your training and experience progress.
Required Qualifications: Applicants must possess a J.D. Degree, be an active member of the bar (any U.S. jurisdiction), and have at least 1 year post-J.D. legal or other relevant experience.
United States citizenship is required.
Preferred Qualifications: Applicants must demonstrate analytical ability, good judgment, and excellent communication and courtroom skills. Applicants must demonstrate superior oral and writing skills as well as strong research and interpersonal skills. Applicants should be proficient in the use of a computer. Applicants must exhibit the ability to work in a supportive and highly professional manner with other attorneys, professional support staff, client agency representatives, law enforcement officers / investigators, opposing counsel, and court staff.
You must meet all qualification requirements upon the closing date of this announcement.
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May 6, 2015 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. Our firm is a six attorney personal injury plaintiff located in Kansas City. We have been in practice for 20 years and the firm has been very successful. However, in the last few years the cases are getting larger, more complex, and really putting a drain on our cash flow. We are always into our credit Line. Your thoughts would be appreciated.
A. Cash flow has always been a challenge for contingency fee practices. However, times are getting harder. Insurance companies are refusing to settle personal injury cases, stretching out timelines for paying out cases they do settle, paying less, and becoming even harder to deal with. Other contingency fee practices are also facing similar challenges and everyone is finding it harder to find adequate lines of credit. Many firms that were once 100% contingency fee practices are looking for ways to improve cash flow implementing different fee arrangements or by adding non-contingency fee practice areas.
I suggest that you evaluate ways that you might re-balance your case portfolio to say 60% contingency/time-bill mix. You might consider:
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May 5, 2015 |
Practice News
Attorney Trent Bush demonstrates how to capture any part of your screen using the snipping tool in Microsoft Windows. Capture parts of documents to include in your briefs, and even share an error message with your IT staff through email.
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