Illinois State Bar Association President John E. Thies debated the merits of an ethics proposal that would allow nonlawyers to be owners of and share fees of law firms before the American Bar Association's Young Lawyers Division Assembly on Friday afternoon in Chicago. The ISBA Board of Governors passed a resolution in support of retaining a previously-adopted ABA policy that disallows such arrangements.
Thies debated former ABA President Tommy Wells on the issue. ISBA members Christopher Niro and ABA YLD Chair Michael G. Bergmann also spoke on behalf of the measure. The YLD Assembly voted 89-65 in support of ISBA's resolution. The issue is scheduled for consideration by the ABA House of Delegates on Monday, Aug. 6.
The resolution reaffirms the ABA policy – adopted in 2000 – that law firms shall not be owned by non-lawyers and legal fees shall not be shared with non-lawyers. Proposals that would change this policy have been circulated in connection with the work of the ABA’s Commission on Ethics 20/20.
Practice News
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August 3, 2012 |
ISBA News | Practice News
1 comment (Most recent August 7, 2012)
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August 2, 2012 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Open Meetings Act, Post-judgment collection procedures, Medical records of deceased family members, Power of Attorney Act and Judicial Privacy Act. More information on each bill is available below the video.
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August 1, 2012 |
Practice News
As computing solutions become more and more mobile and interconnected, questions and concerns about security arise with ever greater urgency, particularly in the context of law, with strict requirements to preserve client confidentiality. To make some sense of all the emerging choices for storing and retrieving client data, International Legal Technology Association (ILTA) Peer Group for Server Operations and Security said Thursday is developing guidelines, according to Evan Koblenz at Law.com, ILTA Developing Law Firm Security Model The guidelines are due out in October. For now, Victoria Stovall suggests Website Security Basics for Lawyers at Attorney at Work. Financial Institutions already have informational guidelines for using outside services to store data (cloud computing) in a white paper published by the Federal Financial Institutions Examination Council Information Technology Subcommittee, Outsourced Cloud Computing posted at Hunt on Privacy Blog. With the emergence of mobile devices, security has become an even more important issue.
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August 1, 2012 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the firm administrator for a 16 attorney firm in Memphis. I am new to the field and just started with this firm. I have been asked to conduct some preliminary law firm economic research and obtain - purchase if necessary - survey data on the subject. Do you have any suggestions concerning using such surveys?
A. The use of sound secondary research surveys can be invaluable and can assist firms in their quest for “best practices.” While law firms should strive to use surveys that meet the test of sound research, this is not always possible since no other source of information may be available. In other words – some information may be better than no information at all. In such situations law firms may decide to use research surveys that do not satisfy sound research guidelines. Such information can still be useful for exploratory analysis and when the information will be used for “benchmark” purposes. However, it is important for the firm to keep in mind the limitations of the study.
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July 30, 2012 |
Practice News
An elite committee of the American Bar Association (ABA) has honored the 17th Judicial Circuit, Winnebago County Bar Association and the Boone County Bar Association for pioneering a local initiative designed to enhance professionalism and civility in the legal profession.
The ABA Standing Committee on Professionalism will award the three northwestern Illinois entities with the 2012 E. Smythe Gambrell Award and a $3,500 check during the ABA’s annual meeting this summer. The presentation will take place at a luncheon on Friday, August 3 at 12:15 p.m. at the Hyatt Regency in Chicago.
The Gambrell Award is given each year to organizations that contribute to the understanding of professionalism among lawyers. The Illinois Supreme Court Commission on Professionalism (ILSCCP) nominated the three organizations for working together in designing and implementing an Aspirational Code of Conduct, Lawyer-to-Lawyer Mentoring Program, and Peer Review Council.
All three initiatives have become models for the profession, not only in Illinois but in other jurisdictions as well.
"Three successive Chief Judges in the 17th Circuit have, in collaboration with the leadership of the two bar associations, not only initiated and maintained a vibrant professionalism initiative in the 17th Judicial Circuit, but also have actively collaborated with the Illinois Supreme Court Commission on Professionalism in replicating the initiatives throughout the state," said Justice Robert R. Thomas of the Illinois Supreme Court. "I commend all of them for their efforts which led to this award. They have done much to craft innovative ways to promote the ideals of professionalism, and we are all better off as a result of their commitment." -
July 30, 2012 |
Practice News
Do you use the word shall when you draft documents? If so, you may want to reconsider doing so. Bryan A. Garner, the edtior-in-chief of Black's Law Dictionary, makes a compelling case for abandoning shall and using the more precise words must, will, is, may, or the phrase is entitled to in the most recent ABA Journal.
You'll be in good company if you abandon shall; so have all four sets of the major federal rules with the exception of one rule. (Rule 56 of the Federal Rule of Civil Procedure.)
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July 30, 2012 |
Practice News
Medical records of deceased family members. Public Act 97-867 (Sullivan, D-Rushville; Brady, R-Bloomington) does three things to the new provisions for getting medical records of deceased family members if no estate is opened.
(1) It clarifies that a "handling" fee may not be charged to a patient or patient's representative under Section 8-2001.5.
(2) It requires that health-care providers release this information to a patient representative as authorized under this Section.
(3) It requires that a person purporting to be a patient representative certify that to be true under penalty of law.
Effective July 30, 2012.
A copy of the act may be found here.
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July 25, 2012 |
ISBA News | Practice News
The Illinois State Bar Association's Board of Governors approved a resolution at its July meeting in support of the federal Fairness in Disclosure of Evidence Act of 2012, S. 2197 (Murkowski, R-Alaska). This act, which is pending before the Senate Judiciary Committee, codifies Brady v. Maryland to require the attorney for the U.S. government to disclose favorable information to the defendant in criminal prosecutions. Instances of the withholding of exculpatory evidence favorable to the accused have been cited in several cases, including the conviction of U.S. Senator Ted Stevens. Illinois Senator Richard Durbin sits as a member of the Judiciary Committee.
The ISBA Criminal Justice Section voted unanimously to support S. 2197. Read the resolution adopted by the Board of Governors at Fairness in Disclosure of Evidence Act.pdf.
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July 25, 2012 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. Recently our firm of 14 attorneys decided to transition from all partners weighing in on every management decision to a managing partner form of management. I was elected to the new managing partner position and have been in the position for four months and I have accomplished very little during this period of time. I am not sure where to start. I would be interested in your ideas.
A. You might want to read last week's blog/posting on governance. Structuring and Running Your Firm Like a Business
Lack of focus and accountability is one of the major problems facing law firms. Many times, the problem is having too many ideas, alternatives and options. The result, often, is no decision or action at all. Ideas, recommendations, suggestions, etc., are of no value unless implemented.
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July 25, 2012 |
Practice News
The Illinois Supreme Court announced Tuesday the appointment of Wm. Hugh Finson, a longtime Monticello attorney and public servant as a resident circuit judge in the Sixth Judicial Circuit.
Mr. Finson was appointed to fill the Circuit Court vacancy created by the death of longtime Piatt County Chief Judge John P. Shonkwiler. The appointment is effective September 4, 2012 and will expire December 1, 2014.