Practice News

The following is ISBA President John E. Thies' response to Chief Judge Holderman's letter on the possibility of weekly federal court closings due to budget cuts. ISBA members are urged to join President Thies in this effort by contacting their representatives in Congress. Contact information for Illinois' Congressional delegation can be found at www.illinoisworknet.com

Dear Chief Judge Holderman:

I appreciate the opportunity to respond on behalf of the Illinois State Bar Association to your September 4, 2012, letter detailing the perilous situation confronting the federal courts in the absence of positive budgetary intervention by the Congress.

You asked about our views on how our lawyer members and their clients would be impacted if the U.S. Court for the Northem District of Illinois is forced to drastically diminish its operations. I want to focus my response on the effect such action would have on our clients - the parties in civil actions and the individuals involved in criminal prosecutions. It is they who would be most affected by the interruption of court services.

CIVIL

Jackson v. The Board of Election Commissioners of the City of Chicago

By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa

Carmelita Earls and her husband obtained homestead exemptions on three properties in Cook County. Preparatory to filing to run for Alderman, Earls checked with the Indebtedness Check Unit of the City of Chicago Department of Revenue and was told that she owed no outstanding debt to the City. Shortly after, the Assessor's office challenged two of the homestead exemptions. Earls then promptly executed waivers of those exemptions. An objection was raised to Earls' candidacy, in which it was contended that Earls was in arrears in payment of taxes or other indebtedness to the City. 

Asked and Answered

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

Q. I am a sole practitioner in Bloomington, Illinois. My practice is a general practice and most of my clients are either individuals or small businesses. I have one legal assistant and one paralegal that work for me. I am 62 and am starting to think about what to do with my practice and what I need to be thinking about concerning selling my practice. I would be interested in your suggestions.

A. I would start by asking yourself when you actually want to retire or quit. Do you really want to stop practicing law or do you want to work forever? Over two-thirds of the solo and small firm lawyers that I speak with advise me that they want to practice forever - maybe not full throttle - but on a continued but scaled back schedule. Review Rule 1.17 - Illinois Rules of Professional Conduct to insure that you understand the method and the restrictions involved in sale of a law practice. If you want to continuing practicing determine whether selling your law practice is your best option given Rule 1.17. Some of our clients are exploring other options including bringing in other attorneys and forming partnerships or merging with other firms.

If you determine that selling the practice is the route you want to go here are a few ideas to begin readying it for sale:

The Illinois Supreme Court announced Monday that the Fifth Judicial Circuit judges voted to select Mark E. Bovard as an associate judge of the Fifth Judicial Circuit.

Mr. Bovard received his undergraduate degree in 1994 from Eastern Illinois University in
Charleston and his Juris Doctor in 1997 from Indiana University. Mr. Bovard is currently affiliated with Heller, Holmes & Assoc., P.C. in Mattoon.