Can you get the other side's damaging Facebook posts into evidence? How do you make sure they don't vanish at a click of the "delete" key? Learn more about emerging principles and best practices in this fast-moving area of law in the June IBJ.
Practice News
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May 22, 2014 |
Practice News
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May 22, 2014 |
Practice News
The Illinois Supreme Court announced today that the Nineteenth Judicial Circuit judges voted to select David C. Lombardo as associate judge of the Nineteenth Judicial Circuit.
Mr. Lombardo received his undergraduate degree in 1988 from DePauw University in Greencastle, Indiana, and his Juris Doctor in 1991 from St. Louis University in St. Louis. Mr. Lombardo is currently affiliated with the Law Office of D. Christopher Lombardo in Waukegan.
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May 21, 2014 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the sole owner of a law firm in Walnut Creek, California. I have three associates and five staff members in the firm. I am looking to hire another associate. The associate I am considering has been out on his own for five years - no office and no employees. He would bring around 30 active matters with him. I was thinking of paying him a salary with a discretionary bonus based upon performance. Fees originated and generated would be a major component of the performance determination that would impact future salary increases, bonuses, and eligibility for partnership. However, I believe that I must do something with regard to the business that he brings with him. I would appreciate your thoughts and suggestions.
1 comment (Most recent May 22, 2014) -
May 19, 2014 |
Practice News
The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on May 16, 2014, during the May Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
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May 15, 2014 |
Practice News
The Illinois Supreme Court will be taking to the road next week, hearing two oral arguments in the historic courthouse in Ottawa.
It is part of the Court's and Chief Justice Rita B. Garman's initiative "to bring the Court to the people we serve" and its continuing goal for transparency in the judicial process.
The Supreme Court will hear arguments beginning at 11 a.m. on Wednesday, May 21, 2014 in the Third District Appellate Courthouse, 1004 Columbus Street, Ottawa, Ill. The Appellate Court building was originally built, and completed in 1860, to house the Illinois Supreme Court when it traveled to three locations—Ottawa, Mount Vernon and Springfield.
The May 21 program reaches out to area teachers, schools and students. In addition to the Supreme Court, the program is sponsored by the Illinois State Bar Association, the Supreme Court Historic Preservation Commission, the Administrative Office of the Illinois Courts and the Third District Appellate Court.
Teachers and students from LaSalle-Peru High School, Ottawa High School and Marquette Academy in Ottawa will be participating in the program either by attending the arguments live, or witnessing them live-streamed on the Internet via https://new.livestream.com/blueroomstream/events/2939315.
The Administrative Office also will record and post the video of the arguments to the Court’s website at http://www.illinoiscourts.gov/.
The public is invited, though seating will be limited in the courtroom and in an adjoining room where the arguments can be viewed and heard on a monitor. Those wishing to attend are asked to arrive by 10:30 a.m. -
May 15, 2014 |
Practice News
Q. I committed legal malpractice in a small dollar case. Can I settle my client’s claim against me directly with the client?
A. Comment [15] to Rule 1.8 explains that such settlement agreements are not prohibited. However, Rule 1.8(h)(2) expressly provides that a lawyer cannot settle a malpractice claim (or potential claim) by a former or unrepresented client unless the client is advised in writing of the desirability of seeking the advice of independent legal counsel and is given a reasonable opportunity to do so.
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.]
1 comment (Most recent May 15, 2014) -
May 14, 2014 |
Practice News
The Illinois Supreme Court's recent invalidation of the Illinois eavesdropping statute will affect lawyers in every practice area. But imagine the impact on family law, where surreptitious recordings of damaging revelations have, shall we say, been known to surface.
The ruling means that "in general, we do not need to worry about breaking the law every time a client comes into our office with a recording," writes Matthew A. Kirsh in the latest ISBA Family Law newsletter. "Once the lawyer establishes that the recording is of a conversation that did not have an expectation of privacy, the lawyer should feel confident that listening to the recording is not illegal."
Kirsh points out other byproducts of the ruling that will both simplify and complicate things for divorce lawyers. Read his article and find out more.
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May 14, 2014 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the solo owner of a six attorney insurance defense firm in Phoenix. The other five attorneys are associates - most of whom have been with me three years or less and had limited experience prior to joining my firm. I am 47 and am looking to start to wind down within five years and be totally out of the practice in 10 years when I am 57. I want to start thinking about my succession strategy early so I have time to execute it properly. I would appreciate your suggestions.
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May 14, 2014 |
Practice News
The office of Circuit Court of Cook County Chief Judge Timothy C. Evans is now accepting applications from qualified individuals to serve as superintendent/executive director of the Cook County Juvenile Temporary Detention Center (JTDC).
The search for a superintendent/executive director is a major component of Chief Judge Evans’s preparations for an orderly transition of the JTDC from a federal court appointed administrator to his office.
The job posting will be available online at various websites, including the court’s web site, www.cookcountycourt.org. Applications will be accepted from May 13, 2014, to June 13, 2014.
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May 9, 2014 |
Practice News
The Illinois Court Commission removed Cook County Circuit Judge Cynthia Brim from the bench on Friday,
Brim was accused of shoving a sheriff's deputy in 2012. She was charged with battery, but was found not guilty by reason of insanity.
She was diagnosed with schizoaffective disorder, a bipolar type, and was hospitalized several times between 1993 and 2012.
Read the full order at courts commission - brim .pdf.