ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Forcible Entry and Detainer (House Bill 160), Premises Liability Act (House Bill 1441), Mortgage Foreclosure (Senate Bill 735), Public officers and multiple offices (House Bill 1434 ), Guardianship of minors (Senate Bill 786), Mental health confidentiality (Senate Bill 818) and Grandparents’ visitation (House Bill 1414). More information on each bill is available below the video.
Practice News
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February 12, 2015 |
Practice News
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February 12, 2015 |
Practice News
Q. I have reason to believe that another lawyer in my firm is filing a frivolous lawsuit. Do I have an obligation to do anything?
A. Rule 5.1(a) states that “a partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rule of Professional Conduct.” It might also be important to remember the words of Abraham Lincoln when his law partner filed a plea that was not factually accurate: “Hadn’t we better withdraw that plea? You know it’s a sham, and a sham is very often but another name for a lie. Don’t let it go on record. The cursed thing may come staring us in the face long after the suit has been forgotten.” -
February 11, 2015 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am a founding partner in a 17 attorney firm with nine partners and eight associates located in Chicago's west suburbs. We represent business firms and other institutional clients. I am the primary rainmaker in the firm. I am 60 and am planning on retiring when I am 65. My concern is how to effectively transition clients. I would appreciate your thoughts.
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February 10, 2015 |
Practice News
The Circuit Court of Cook County’s Executive Committee today ordered the reassignment of Judge Beatriz Santiago from her current assignment after the Judicial Inquiry Board (JIB) filed a complaint against her on February 6, 2015, with the Illinois Courts Commission.
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February 9, 2015 |
Practice News
As part of its continuing effort to promote public confidence in the administration of justice, the Illinois Supreme Court has announced that a client whose case is not completed due to the death or disability of his or her attorney, and who has made reasonable efforts to pursue civil remedies, is now eligible to apply for reimbursement of unearned fees paid to the attorney.
When adopted in 1994, Supreme Court Rule 780 created a Client Protection Program (CPP) Trust Fund to reimburse certain losses incurred by clients of Illinois lawyers. The rule was created to provide a mechanism for a client to obtain reimbursement if the attorney engaged in dishonest conduct causing the client financial loss. The fund is administered by the Illinois Attorney and Registration Commission (ARDC).
According to Supreme Court Chief Justice Rita B. Garman, “The Court recognizes that a client may also incur such a loss when the attorney dies or becomes disabled during the representation. By amending this rule, we signal to the public that we are equally concerned about the client who suffers a financial loss due to events outside the attorney’s control, such as death or disability.”
The amendment is effective immediately. Claimants may apply for reimbursement through the CPP. More information on submitting a claim is available at: https://www.iardc.org/clientprotection.html.
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February 6, 2015 |
Practice News
Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced Friday that the Eighteenth Judicial Circuit judges voted to select Anne T. Hayes as an associate judge of the Eighteenth Judicial Circuit.
Ms. Hayes received her undergraduate degree in 1996 from the University of Notre Dame in South Bend, Indiana, and her Juris Doctor in 2004 from Loyola University in Chicago, Illinois. Ms. Hayes is currently affiliated with the DuPage County State's Attorney's Office in Wheaton, Illinois.
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February 5, 2015 |
Practice News
A review of Thursday's Illinois Supreme Court criminal opinion in the case People v. Smith.
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February 5, 2015 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Trades and proof of insurance (House Bill 201), Open Meetings Act (House Bill 1323), Mortgage Foreclosure (Senate Bill 735), The Probate Act of 1975 (House Bill 1332) and Governor Rauner’s State of the State Address. More information on each bill is available below the video.
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February 5, 2015 |
Practice News
Q. My client recently informed me that they would harm the opposing party if they had the opportunity. Do I have any duty to inform anyone of this?
1 comment (Most recent February 5, 2015) -
February 5, 2015 |
Practice News
"Has anyone filed an objection to a Chapter 7 bankruptcy where the movant is trying to discharge attorneys' fees in pursuing college expenses?" That's the question Chicago lawyer Modupe Sobo posed recently on the ISBA's family law discussion group.
The wisdom from the exchange that followed: in a Chapter 7 proceeding, debtors can't discharge divorce-based attorneys' fees in bankruptcy; in Chapter 13, maybe they can, depending on how the court classifies the debt.
"The real distinction lies in the type of bankruptcy the debtor files," wrote Rebecca Reinhardt of Mt. Vernon in an answer that was updated and published in the February Illinois Bar Journal. Under Chapter 7, attorneys' fees incurred to recover college expenses in connection with a domestic support obligation would be nondischargeable, she says. Read her detailed response and find out more.