ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Marriage rewrite (House Bill 1452), Disabled adults (Senate Bill 1051), UM/UIM arbitration (House Bill 5575), Sale of distressed condominium units (Senate Bill 2664), Eavesdropping, Workers' Compensation Act (Senate Bill 3287) and Statutes of limitation (House Bill 5512). More information on each bill is available below.
Practice News
-
May 8, 2014 |
Practice News
-
May 8, 2014 |
Practice News
The Illinois Supreme Court has appointed Charles Henry Wittmond Burch to be a Resident Circuit Judge of Calhoun County. This appointment fills the vacancy created by the retirement of the Hon. Richard D. Greenlief. It is effective July 7, 2014 and terminates on Dec. 1, 2014.
-
May 7, 2014 |
Practice News
Q. I sometimes refer clients to another law firm. Can I be compensated by that firm for the referral?
A. Rule 1.5(e) states that a division of fees between lawyers who are not in the same firm can only be made if the division of fees is in proportion to the work done by each lawyer, the client agrees in writing, and the fee is reasonable. If the primary service performed is the referral, the fee can only be divided if each lawyer assumes financial responsibility for the representation, the fee is reasonable, and the client consents in writing. See also ISBA Professional Conduct Advisory Opinion 90-18 and Donald W. Fohrman & Assocs, Ltd. V. Marc D. Alberts, P.C.,2014 IL App(1st) 123351 (Ill. App., 2014).
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 7, 2014 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the managing partner of an 8 attorney firm in Carbondale, Illinois. Recently I was talking with the managing partner of a firm in the area and we were discussing overhead ratios and we seemed to have different definitions of overhead and I am wondering if we were trying to compare apples to oranges. Can you share your thoughts?
A. I consider overhead to be the operating cost required to support the producers in the firm. This is a different statistic than expenses. Typically in a law firm overhead is all expenses except for attorney salaries (associate and partners) and benefits. Often overhead is used as various benchmark surveys. However, when determining net income or profit (the profit pool) expenses would include associate salaries and associate and partner benefits. In a professional corporation where officer salaries are expensed we typically add shareholder salaries back to the net income figure to determine the profit pool for benchmarking purposes.
-
May 2, 2014 |
Practice News
The Supreme Court of Illinois announced Friday the appointment of longtime attorney M. Don Sheafor Jr. as Fayette County Resident Circuit Judge of the Fourth Judicial Circuit. He will fill the vacancy created by the appointment of Judge S. Gene Schwarm to the Fifth District Appellate Court.
Mr. Sheafor, 59, currently is a partner with the law firm of Burnside, Johnston, Sheafor & Connor which traces its history in Vandalia to the past 100 years. Mr. Sheafor also served as State’s Attorney for Fayette County, having been appointed in 1983 and serving two full elected terms until 1992. Over the course of his career, Mr. Sheafor has practiced in nearly every area of civil and criminal law and has tried hundreds of cases.
Mr. Sheafor is a graduate of Eastern Illinois University, and received his juris doctor from Thomas Cooley School of Law in Lansing Mich. He was licensed and admitted to the practice of law in Illinois 1981, when he joined the Fayette County State’s Attorney’s office as an assistant prosecutor. He was in private practice at Sheafor & Day in St. Elmo from 1992 to 1996 when he joined the Burnside, Johnston Sheafor and Connor law firm.
Under the Illinois Constitution, the Supreme Court is given the authority to fill judicial vacancies by interim appointment until the next election cycle.
-
May 1, 2014 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Small Estate Affidavit (Senate Bill 2985), Service of process (Senate Bill 3286), Guardianship (Senate Bill 1046), Health Care Power of Attorney (Senate Bill 3228) and Presumptively void transfers (Senate Bill 1048). More information on each bill is available below.
-
May 1, 2014 |
Practice News
The Attorney Registration and Disciplinary Commission (ARDC), the administrative agency that regulates licensed Illinois lawyers, has filed its year 2013 Annual Report with the Supreme Court of Illinois. The report was released to the public this morning when a copy was posted on the ARDC website: www.iardc.org.
A summary of the annual report entitled Highlights from the 2013 Annual Report is available below.LAWYER POPULATION
The names of 91,083 Illinois lawyers appeared on the Master Roll of Attorneys as of October 31, 2013. That number does not include 2,164 attorneys who took their oath of office in late 2013. The overall lawyer population in Illinois saw an increase of 2% from 2012. The percentage of attorneys reporting a principal business address in Illinois, however, decreased last year and the number of practitioners reporting an address outside Illinois increased by 9.5% over 2012.
GRIEVANCES AND FORMAL DISCIPLINARY CHARGES
During 2013 the ARDC docketed 6,073 investigations, a 5% decrease from the prior year. More than half of grievances lodged against lawyers involved issues of poor attorney-client relations, typically neglect of a client matter (40% of all grievances) or failure to communicate with a client (18% of all grievances). Consistent with prior years, the top practice areas likely to attract a grievance include criminal law, domestic relations, real estate, and tort.
-
May 1, 2014 |
Practice News
Chief Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for a Circuit Court vacancy in the Eighth Judicial Circuit.
-
May 1, 2014 |
Practice News
This two-day program in Carbondale on May 22-23 is designed to help those attorneys who represent children. Under Illinois Supreme Court Rule 906(c)**, attorneys should receive 10 hours of education every two years in child development; roles of guardians ad litem and child representatives; ethics in child custody cases; relevant substantive state, federal, and case law in custody and visitation matters; and family dynamics, including substance abuse, domestic abuse, and mental health issues.
-
April 30, 2014 |
Practice News
Q. Can I take a security interest in property my client owns (but not involved in the representation) to guarantee my fee?
A. IRPC 1.8(i) provides that a lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation a lawyer is conducting for his client. See Supreme Court Rule 1.8. Comment [16] to that Rule provides additional guidance on acquiring security interests from clients. That Comment says: “When a lawyer acquires by contract a security interest in property other than that recovered through the lawyer’s efforts in the litigation, such acquisition is a business or financial transaction with a client and is governed by the requirements of paragraph (a)” of RPC 1.8 (which requires: objectively fair and reasonable terms; written disclosure of the terms; written notice that the client should seek review by another lawyer; and informed client consent in writing).
ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.
2 comments (Most recent May 1, 2014)