Practice News

Associate circuit judges in Illinois outside Cook County have been evaluated in a poll of lawyers conducted by the Illinois State Bar Association. Results are available at www.isba.org/sites/default/files/judicialevaluations/2015%20Associate%20Reappointment.pdf

Associate judges are subject to reappointment every four years. The reappointment is accomplished through the casting of secret ballots by circuit court judges in their circuit. Successful candidates receive votes that tally three-fifths (60%) or greater in favor of their reappointment. Voting will be concluded prior to the beginning of the new associate judge terms. The new term of office for each reappointed associate judge will begin on July 1, 2015 and terminate on June 30, 2019.

Although the decision on associate judge reappointment is made by circuit judges, the ISBA is releasing these poll results to the public, because all judges are public officials and the opinions of their professional colleagues about their performance is of public interest.

ISBA attorneys in each judicial circuit (except Cook County) are mailed a ballot containing the names of every associate judge seeking reappointment in their circuit. Licensed attorneys who are not members of ISBA may request a ballot. Attorneys are asked to respond only if they have sufficient knowledge about the associate judge’s qualifications for judicial office to give a fair, informed opinion. Opinions expressed in the poll are of those attorneys who chose to respond and do not reflect the opinion of the ISBA or the opinion of all attorneys.

The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on May 14, 2015, during the May Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

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.

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.]