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  • April 29, 2014 | Practice News
    Nearly 700 new attorneys admitted to practice in Illinois

    Justices of the Illinois Supreme Court and the Illinois Appellate Court administered the attorney’s oath to 691 new attorneys at five separate locations on Thursday, May 1.

    All of the candidates have passed the Illinois state bar examination, an ethics examination, and have been certified by the Committee on Character and Fitness.

    The largest group, 474, were admitted in the First Judicial District during ceremonies in the James R. Thompson Center Assembly Hall in Chicago.

    ISBA President Paula H. Holderman addressed the new admittees at the 11:30 a.m. ceremony with Supreme Court Justice Charles E. Freeman and Appellate Justice Joy V. Cunningham presiding.

    Supreme Court Justice Anne M. Burke presided over the 9 a.m. ceremony and Supreme Court Justice Mary Jane Theis presided over the 2:30 p.m. ceremony.

  • April 24, 2014 | Practice News
    ISBA Statehouse Review for the week of April 24, 2014

    ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers The Residential Real Property Disclosure Act (Senate Bill 2597), Common Interest Community Association Act (Senate Bill 3057), Condominium Property Act (Senate Bill 2892), Driving on suspended license (Senate Bill 3547) and Transfer on Death Instrument (TODI) Cleanup (Senate Bill 2656). More information on each bill is available below.

  • April 23, 2014 | Practice News
    Ethics Question of the Week: Can I participate in an Ask A Lawyer Day event?

    Q. Can I participate in a one day non-profit organization sponsored “ask a lawyer” type event?

    A. Illinois Rule of Professional Conduct 6.5 allows lawyers to for participate in certain programs under the auspices of a nonprofit organization or court.  Comment [1] to that rule elaborates further by stating that when participating in a program such as a “legal advice hotline” or “pro se counseling program,” “a client-lawyer relationship is established, but there is no expectation that the lawyer’s representation of the client will continue beyond the limited consultation.”  For more information about these events, consult Rule 6.5.

    ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

  • April 23, 2014 | Practice News
    Best Practice: Profit is up - why is partner compensation down?

    Asked and Answered

    By John W. Olmstead, MBA, Ph.D, CMC

    Q. We are a 7 attorney firm in Evansville, Indiana - four partners and three associates. I am one of the partners in the firm. Each month we are provided with a profit and loss statement, a billable hours report, fees received reports broken down by lawyer, and accounts receivable reports by lawyer. In 2014 our fee collections are up significantly over 2013 - our expenses are lower – profit is up - yet the money is not there for partner draws and we are having to draw less than we did in 2013? What do you think is happening?

  • April 16, 2014 | Practice News
    Lawyers who reveal personal client info shielded by litigation privilege

    Suppose opposing counsel inadvertently reveals your client's social security number in a pending lawsuit despite your request under applicable rules that he not do so. Can you sue for, say, invasion of privacy and negligent infliction of emotional distress?

    You can't, George Bellas reports in the latest issue of Trial Briefs, newsletter of the ISBA Civil Practice and Procedure section. "The recent case of Johnson v. Johnson and Bell, Ltd., 2014 IL App (1st) 122677 (February 24, 2014), considered this issue and ruled that the litigation privilege precluded any liability," Bellas wrote. The court reasoned that "attorneys enjoy immunity from defamation actions arising out of a judicial proceeding," relying on Restatement (Second) of Torts § 586. Find out more.

  • April 16, 2014 | Practice News
    Best Practice: What should I be considering when buying a law practice?

    Asked and Answered

    By John W. Olmstead, MBA, Ph.D, CMC

    Q. I am an associate in a law firm in Akron, Ohio. The firm is an estate planning practice consisting of the owner/founder of the firm, myself, and two legal assistants. I have been with the firm for ten years and this is the only firm that I have worked with since law school. The owner is 67 and has announced that he wishes to retire. He has approached me and provided me with a proposal to buy his practice via an arrangement where I would initially pay him a down payment of 50% of his asking price and after two years the other 50% would be paid over a period of five years. The arrangement would be structured as a partnership and for the two year period we would be 50-50 partners. Compensation would be based upon these ownership percentages. The owner's asking price is two times his average net earnings ($125,000) - $250,000. Average revenues - $210,000. I would appreciate your thoughts and suggestions.

  • April 16, 2014 | Practice News
    Ethics Question of the Week: Can I share a firm name with lawyer I'm sharing space with?

    Q. I want to share office expenses and space with two other lawyers, but we won’t be partners. Can we call ourselves the “X, Y, and Z” law firm? 

    A. Illinois Rule of Professional Conduct 7.5(d) provides that lawyers may only state or imply they practice in a partnership or other organization when that is the fact. Comment [2] to that Rule goes to say that “lawyers sharing office facilities, but who are not in fact associated with each other in a law firm, may not denominate themselves as, for example, “Smith and Jones,” for that title suggests that they are practicing law together in a firm. See also, ISBA Professional Conduct Advisory Opinion 03-02.

    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.

  • April 15, 2014 | People | Practice News
    Jenner & Block taps Terrence Truax as managing partner

    Jenner & Block LLP today announces that Terrence J. Truax – a 26-year veteran of the firm and co-chair of its Patent Litigation and Counseling Practice – has been elected managing partner, effective May 1, 2014.  He will succeed Susan C. Levy, who leaves the 450-attorney firm at the end of April to assume her new position as executive vice president and general counsel at Northern Trust Corporation.

    Mr. Truax served on the firm’s Management Committee starting in January 2007 and subsequently has served on the firm’s Policy Committee since 2009.  Mr. Truax joined Jenner & Block as an associate in 1988 and was promoted to partner in 1997.  Based in the firm’s Chicago office, Mr. Truax has represented clients from around the world and has been involved in some of the firm’s most complex and high-profile matters.

  • April 10, 2014 | Practice News
    Martin appointed Cook County Circuit Judge

    The Illinois Supreme Court has appointed Marc William Martin to be a Circuit Judge of Cook County, 11th Subcircuit. This appointment fills the vacancy created by the retirement of the Hon. Carol A. Kelly. It is effective May 1, 2014 and terminates on Dec. 5, 2016.

  • April 10, 2014 | Practice News
    ISBA Statehouse Review for the week of April 10, 2014

    ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Presumptively Void Transfers in Probate Act (Senate Bill 1048), Condominiums and common-interest communities (House Bill 4204), Business Corporation Act of 1983 (Senate Bill 1098), Business Corporation Act of 1983 (Senate Bill 1099), Parenting time (House Bill 5425) and Parenting time (House Bill 4124). More information on each bill is available below.

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