Q. Do I need to get my client’s informed consent to have another lawyer (not in my firm) attend a routine status conference because I’ve got a scheduling conflict?
A. RPC 1.2(e) provides that a lawyer can’t delegate to another lawyer not in that lawyer’s firm the responsibility for performing work for the client without the client’s informed consent. Comment [14] to that Rule clarifies that it is designed to prevent a lawyer from transferring “complete or substantial responsibility” of a matter to another lawyer. The Comment goes on to say it is not intended to “prevent lawyers from engaging lawyers outside of their firm to stand in for discrete events in situations such as personal emergencies, illness, or schedule conflicts.” For further insight on the increasing use of “coverage attorneys” see this month’s Illinois Bar Journal.
Practice News
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June 26, 2014 |
Practice News
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June 26, 2014 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Township government (Public Act 98-653), Workers’ Compensation Act (Public Act 98-633), UM/UIM insurance (House Bill 5575), Independent examination in mental health proceedings (Senate Bill 3532), Local Records Act (House Bill 5623) and Condominiums and common-interest communities (House Bill 5322). More information on each bill is available below the video.
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June 25, 2014 |
Practice News
The U.S. Court of Appeals for the Seventh Circuit, pursuant to 28 U.S.C. § 2071 proposes revisions of Circuit Rules 3, 10, 11, 22, 26.1, 28, 34, 45 and 46. Written comments on the proposed rule changes should be sent by August 1, 2014, to:
- Advisory Committee
- c/o Clerk of Court
- United States Court of Appeals for the Seventh Circuit
- 219 South Dearborn Street
- Chicago, Il 60604
Comments can also be made via e-mail at: USCA7_Clerk@ca7.uscourts.gov
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June 25, 2014 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. Another attorney and I are planning on starting a law practice together. He has a larger book of business and 10 years more experience. Initially he will have a 60 percent ownership interest and I will have 40 percent. Compensation will be determined based upon these ownership percentages. How do you suggest we structure our decision-making and governance?
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June 23, 2014 |
Practice News
The Illinois Supreme Court announced on Monday an increase in the annual registration fee for attorneys practicing in Illinois. The increased funds will be directed to the regulatory body that disciplines attorneys and the Supreme Court Commission established to increase civility among lawyers.
Under amended Supreme Court Rule 756, the annual registration fee will increase from $342 to $382. That amounts to an increase of 11 cents per day for attorneys who are in active status for more than three years. The $40 increase will be remitted to the Attorney Registration and Disciplinary Commission (ARDC), which will receive $30; and the Commission on Professionalism, which will receive $10.
2 comments (Most recent June 26, 2014) -
June 19, 2014 |
Practice News
Is substitute service of process valid if it's on the defendant's father, in the defendant's driveway? You can make a good argument that the answer is "yes." Find out more in the June Illinois Bar Journal.
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June 19, 2014 |
Practice News
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases In re the Estate of Powell, In re N.C., a Minor, and In re Marrigate of Turk.
In re the Estate of Powell
By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa
In re Estate of Powell, 2014 IL 115997, holds that an attorney who brings a wrongful death action owes a legal duty to the decedent’s beneficiaries at the distribution of funds phase of that action. The court rejected the contentions of the defendant attorneys in this legal malpractice case that an attorney engaged to prosecute a wrongful death action only owes a duty to the personal representative of the estate and not to the beneficiaries of the action. The court also rejected a defense contention that the potential, unpled here, of a conflict among beneficiaries should negate the imposition of a duty to the beneficiaries. The court stated it was making no determination as to the scope of duty when a conflict among the beneficiaries is specifically alleged.
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June 19, 2014 |
Practice News
A task force of principal stakeholders summoned by the Illinois Supreme Court will be visiting Washington D.C. and Montgomery County, Maryland next week to study firsthand pretrial release and detention procedures in those courts as a way to enhance the administration of justice in Cook County and Illinois. The site visit is being coordinated with the assistance of the Washington-based Pretrial Justice Institute.
Those scheduled to make the trip are Cook County State’s Atty. Anita Alvarez; Clerk Dorothy Brown of the Cook County Circuit Court; Cook County Public Defender A.C. Cunningham; Chief Judge Timothy C. Evans of Cook County Circuit Court; President Toni Preckwinkle of the Board of Commissioners of Cook County; Ret. Chief Justice Ben K. Miller of the Illinois Supreme Court; Ret. U.S. District Court Judge David Coar; and Director Michael Tardy of the Administrative Office of the Illinois Courts.
Those principals, as well as Sheriff Tom Dart of Cook County, were assembled by the Supreme Court last November for a continuing discussion on the systemic management of criminal pretrial matters, focusing on strategies to improve the effective administration of justice in Cook County and throughout Illinois.
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June 19, 2014 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Strict foreclosure of an omitted subordinate interest (Senate Bill 2730), Ticket quotas banned (Public Act 98-650), Expungement of juvenile records (Public Act 98-637), Victims’ rights (HJRCA 1), Procedures in lineup identifications (House Bill 802), Search warrants sought electronically (House Bill 4594), Unfitness issues in criminal cases (Senate Bill 2801) and Traffic offenses and appearance (Senate Bill 2583). More information on each bill is available below the video.
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June 18, 2014 |
Practice News
Q. As a criminal defense attorney, do I have to give my client copies of the discovery?
A. Illinois Rule of Professional Conduct 1.4 imposes an ethical obligation on an attorney to maintain reasonable communication between an attorney and a client to keep the client informed and able to participate in representation. However, in People v. Davidson, 292 Ill. App. 3d 981, 686 N.E.2d 1231 (4th Dist. 1997) the Court determined that the defendant has no Constitutional right to read discovery. For further discussion, see ISBA Professional Opinion 13-10.
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.