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  • June 28, 2013 | Practice News
    2 Rule 138 provisions deferred until Jan. 1

    Illinois Supreme Court Rule 138, amended to protect against identity theft and the disclosure of sensitive information through electronic filing, goes into effect Monday, July 1 with two of its provisions being deferred.

    A requirement that birth dates and the names of minor individuals be excluded from documents in civil cases has been deferred until Jan. 1, 2014. The delay will allow attorneys and state agencies that handle high volumes of affected cases additional time to adapt to the new requirements. In the interim, the Illinois Supreme Court Rules Committeee will schedule a public hearing on the deferred provisions.

    In response to additional inquiries from judges, practitioners, clerks and other court partners, the following clarifications are offered:

  • June 26, 2013 | Practice News
    Ten tips to improve your case on appeal

    A reviewing court can be an intimidating place, especially for the occasional appellate practitioner. An Illinois circuit judge and former supreme court clerk offers 10 practical tips to put you at ease and strengthen your case on appeal in the July Illinois Bar Journal.

  • June 26, 2013 | Practice News
    Comment sought on federal bankruptcy judge's reappointment

    United States Bankruptcy Judge Thomas L. Perkins of the Central District of Illinois has applied to be reappointed by the United States Court of Appeals to a new 14-year term when his current term expires on July 19, 2014. A United States Bankruptcy Judge is a judicial officer of the United States District Court who exercises the authority of the district court with respect to any action, suit, or proceeding under Chapter 6 of Title 28 of the United States Code. 28 U.S.C. § 151.

    Comments are invited from the public and the bar as to whether Judge Perkins should be reappointed. Those comments should be in writing and sent by July 30, 2013 to:

    Collins T. Fitzpatrick
    Circuit Executive
    219 S. Dearborn Street
    Room 2780
    Chicago, IL 60604

  • June 26, 2013 | Practice News
    Best Practice: Law firm succession - Where and how should I start?

    Asked and Answered

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

    Q. I am the sole owner of a 8 attorney practice in Houston. I am 55 years old and am beginning to think about retirement. The other attorneys are associates in the firm. What do I need to be thinking about in order that I can transition out of my practice and have money for retirement. While I have put some money in a 401k, I am not yet financially secure enough to retire.

    A. You are not alone. As the baby boom generation ages - more and more attorneys are asking this question. Unless you have an appropriate Exit Planning Strategy and put in place a sound Exit Plan, it is doubtful that you will be able to cash in on the full value of the goodwill that you have created. To exit successfully you need:

  • June 20, 2013 | Practice News
    Quick takes on Thursday's Illinois Supreme Court opinions

    Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Metropolitan Life Insurance Company v. Hamer, Wilkins v. Williams, VC&M Ltd. v. Andrews and Crittenden v. The Cook County Commission on Human Rights and the criminal case In re B.C.P.

    CIVIL

    Metropolitan Life Insurance Company v. Hamer

    By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

    A carrot dangled by an amnesty statute for delinquent taxpayers resulted in the Department of Revenue hitting a corporate taxpayer with a rather large stick:  a penalty of 200% interest.  Accordingly to a 4-2 decision of the Illinois Supreme Court, the plain language of the Tax Delinquency Amnesty Act, 35 ILCS 745/10 (West 2004), required this result.  The Amnesty Act established a program for taxpayers owing payment for any taxable period between June 30, 1983 and July 1, 2002, to avoid interest and penalties, as well as civil or criminal prosecution, by paying “all taxes due” during a six-week period in 2003.  Taxpayers who failed to square up during the amnesty period faced a penalty of 200% interest under another statute, the Uniform Penalty and Interest Act, 35 ILCS 735/3-2(f) (West 2004). 

  • June 20, 2013 | Practice News
    New ISBA ethics opinions address conflict of interest, client fraud, obligations of GALs

    Three newly posted ISBA ethics opinions deal with obligations of lawyers who 1) represent local governments, 2) have a client who gave false evidence in an administrative hearing, and 3) serve as GALs in adoptions.

    13-04 - A lawyer serving as an officer of a financial institution who also owns a significant stock interest in it must comply with the requirements of RPC 1.8 when representing a municipality that engages in business transactions with the financial institution. Read the full opinion.

    13-05 - When a lawyer discovers that his or her client in an administrative hearing has previously submitted false material evidence to the tribunal, the lawyer must attempt to persuade the client to correct or withdraw the false evidence, but if that fails and if the effect of the false evidence cannot otherwise be undone, the lawyer must disclose the false evidence. Read the full opinion.

    13-06 - A lawyer, serving as a guardian ad litem of minors in an adoption proceeding, must obtain the consent of the lawyer for the petitioning parties before interviewing the petitioners and likewise must obtain consent before contacting the petitioners to request an interview with the minors. Read the full opinion.

    Find more ethics resources including other ISBA Advisory Opinions and our ISBA Ethics Hotline at http://www.isba.org/ethics

     

  • June 19, 2013 | Practice News
    McGlynn replaces Cook in St. Clair County

    The Illinois Supreme Court has appointed Stephen P. McGlynn as a Resident Circuit Judge in  the 20th Circuit, St. Clair County. This vacancy was created by the resignation of the Hon. Michael N. Cook. This appointment is effective July 1, 2013 and terminates on Dec. 1, 2014.

  • June 18, 2013 | Practice News
    Illinois Supreme Court announces new measures to improve legal services for disadvantaged

    Chief Justice Thomas L. Kilbride and the Illinois Supreme Court announced Tuesday several important new measures to improve equal access to justice for all of the people of Illinois, and especially for the poor and vulnerable.

    1 comment (Most recent June 21, 2013)
  • June 14, 2013 | Practice News
    Illinois Supreme Court amends rules allowing limited scope representation

    Move is expected to lower fee costs for clients of limited means

    Chief Justice Thomas L. Kilbride announced Friday that the Illinois Supreme Court has approved a proposal designed to lessen the legal costs in civil cases for clients of limited means.

    The proposal deals with a concept known as "limited scope representation" which more than 20 other states also permit. Limited scope representation allows attorneys to provide paid legal services on a portion of a client's legal matter, rather than seeing it through from beginning to end. By providing services, specifically limited by agreement between the lawyer and the client, total legal fees should be more affordable for the client.

    The proposal, first made several years ago by the Lawyers Trust Fund, is contained in amendments to three Supreme Court rules. It had the formal support of the Illinois State Bar Association, the Chicago Bar Association and the Illinois Judges Association, who formed a joint task force to study the matter in detail.

    2 comments (Most recent June 17, 2013)
  • June 14, 2013 | ISBA News | Practice News
    ISBA applauds increase in court funding

    ISBA President John E. Thies applauds the action of the Illinois General Assembly to increase court funding to $302.3 million, up from $281.1 million last year.

    "With the leadership of the Illinois Supreme Court, and especially Chief Justice Thomas Kilbride, we have begun what we all hope will be a sustained commitment to reverse the reduction in court funding, thereby ensuring that courts continue to provide their constitutionally-mandated services to the people of Illinois," Thies said, continuing: "It remains an important priority of our Association to work with the Supreme Court, the Conference of Chief Judges, the Administrative Office of Illinois Courts and the rest of the organized bar to achieve this goal."

    During his term as president, Thies advocated for an increase in court funding. He established a Special Committee on Fair and Impartial Courts, co-chaired by Kane County Judge Patricia P. Golden (Ret.), of West Dundee, and Illinois Appellate Court Justice James M. Wexstten, of Mt. Vernon. Their 64-page report, which addressed the serious funding crisis facing Illinois courts, was accepted on May 17 at a meeting of the ISBA Board of Governors.

    "The committee's report stopped short of saying that the current court system could not do its job, but it recognized that the breaking point was near," Thies stated.