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  • February 7, 2012 | Practice News
    Springfield's Karen Hasara begins service as ARDC Commissioner

    The Illinois Supreme Court has appointed Karen Hasara of Springfield, Illinois, to serve as a Commissioner of the Attorney Registration & Disciplinary Commission (ARDC). The ARDC is the Supreme Court agency that has administrative authority over more than 90,000 Illinois lawyers and investigates allegations of attorney misconduct.

    Ms. Hasara, a non-lawyer, has a long history of public service in this state, beginning in 1975 when she was elected to serve on the Sangamon County Board. From 1980 through 1986, she was the Clerk of the Circuit Court of the Seventh Judicial Circuit, Sangamon County. In 1986, Ms. Hasara was elected to the Illinois House of Representatives, where she served the 100th District, until being elected to the Illinois Senate in the newly formed 50th Legislative District in 1992. In 1995, she was elected the Mayor of Springfield, the first woman ever to hold that office. She was re-elected in 1999 and served until her term ended in 2003. She currently serves as a Trustee of the Springfield Mass Transit District.

    Ms. Hasara is a member of the Board of Trustees for the University of Illinois, the Board of the Illinois Equal Justice Foundation, and is active with the World Affairs Council of Central Illinois, the Rotary Club of Springfield, and the University of Illinois at Springfield Advisory Committee.

  • February 2, 2012 | Practice News
    ISBA Statehouse Review for the week of Feb. 2

    ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers House Bill 3944 (eavesdropping), House bill 1205 (residential burglary), House Bill 2886 (statute of limitations and sex offenses), House Bill 281 (judgement debtors) and House Bills 4460 and 4461 (domestic violence orders). More information on each bill is available below the video:

    1 comment (Most recent February 3, 2012)
  • February 2, 2012 | 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 criminal cases People v. Wrice and People v. Torres and civil cases Innovative Modular Solutions v. Hazel Crest School District 152.5 and Citizens Opposing Pollution v. Exxonmobil Coal U.S.A.

    CRIMINAL

    People v. Wrice

    By Kerry J. Bryson, Office of the State Appellate Defender

  • February 2, 2012 | Practice News
    Liability Minute: Advise to Clients Enforceability of Restrictive Covenants
     

    The Illinois Supreme Court recently issued its opinion in Reliable Fire Equip. Co. v. Arredondo, 2011 Ill. LEXIS 1836 (Ill. Dec. 1, 2011). The opinion enforced prior precedent that an employer’s legitimate business interest should be considered in deciding whether a restrictive covenant should be enforced, but it rejected the previously set “tests” and “formulas” employed by Illinois appellate courts in determining whether a legitimate business interest exists. Illinois lawyers should carefully consider the Supreme Court’s decision and reconsider their previous opinions to clients regarding the enforceability of certain covenants.

    Lawyers Should Reevaluate Advice to Clients Regarding the Enforceability of Restrictive Covenants in Light of New Illinois Supreme Court Case

    By: Joseph R. Marconi and Victor J. Pioli, For ISBA Mutual

    Ever since the Fourth District Appellate Court’s opinion in Sunbelt Rentals, Inc. v. Ehlers, 394 Ill.App.3d 421, 915 N.E.2d 862 (4th Dist. 2009), uncertainty has been pervasive regarding what factors a court should consider and what test(s) a court should apply in determining the enforceability of a restrictive covenant under Illinois law. On December 1, 2011, the Illinois Supreme Court rendered its opinion in Reliable Fire Equip. Co. v. Arredondo, 2011 Ill. LEXIS 1836 (Ill. Dec. 1, 2011) to lend some clarity to the issues.

  • February 1, 2012 | Practice News
    Best Practice: Law Firm Profit Improvement Strategy

    Asked and Answered

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

    Q. Our firm has been struggling for the past couple years. We have lost three key institutional clients, had partner defections to other law firm, and have suffered financially. We were a 40 attorney firm- six years later we are ten. We simply must improve profitability. What areas of our overhead should we attack first?

    A. Many law firms waste considerable time trying to find ways to cut a pie that is too small up differently by implementation of new compensation systems or increasing the size of the pie by decreasing costs. While unnecessary expenses should be reduced - once they are reduced a repeated effort to slash costs proves fruitless as a strategy to increase the firm pie. The vast majority of law firm expenses are fixed or production-related. The percentage of costs that are discretionary is low, typically in the 20-30 percent range, and the number of dollars available for savings is small. The available dollars available for reduction disappear after a year or two of cost-cutting, leaving the firm with dealing with the effects of further cuts on production capacity. For example:

  • January 31, 2012 | Practice News
    14th Circuit gets first crack at cameras in courtrooms

    Chief Justice Thomas L. Kilbride announced on Tuesday that the Illinois Supreme Court has approved the application from the 14th Judicial Circuit in northwestern Illinois to allow news media cameras in trial courtrooms in the state for the first time.

    Chief Judge Jeffrey W. O’Connor of the 14th Circuit applied to the Supreme Court for approval last week, one day after Chief Justice Kilbride announced that an experimental program was unanimously approved by the seven justices on the Court.

    The 14th Circuit is comprised of Henry, Mercer, Rock Island and Whiteside counties.

    "Today's Order is a historic one," said Chief Justice Kilbride. "For the first time in state history, citizens not physically present will be able to see and hear proceedings in our trial courts. My colleagues and I an-nounced this change in policy hoping to promote greater openness and accountability. But we must carefully balance the goal of openness with the rights of defendants and parties to have fair trials.

    "This pilot project will allow us to test the policy we have put in place and see if it is workable in Illinois, or if any changes need to be made before moving toward a full statewide policy. My colleagues and I are thankful for the 14th Circuit and Chief Judge O'Connor's willingness to serve in this pilot project. We look forward to their results."

    In his formal request to the Court for approval, Chief Judge O’Connor noted that the news media in the area are already familiar with broadcasting trial proceedings because Iowa, just across the Mississippi River, has allowed cameras in courtrooms since 1979, and media have aired court coverage in the Quad Cities area, which includes Illinois communities.

  • January 26, 2012 | Practice News
    ISBA Statehouse Review for the week of Jan. 26

    ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers: House bill 4077 (New crime), House Bill 4129 (Administrative support orders), House Bill 3943 (Eavesdropping) and House Bill 4098 (Judicial campaigns and disqualification). More information on each bill is available below the video.

    1 comment (Most recent January 27, 2012)
  • January 26, 2012 | Practice News
    Best Practice: Starting a Law Practice: Challenges and Tips - Partnership - Phase III

    Asked and Answered

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

    Over the last two weeks I responded to a question concerning starting a new law practice and I outlined the first to phases of start-up. Eventually, you must address and face Phase III.

    Phase III – Partnership – Internal/Other Firm

    Eventually the question of partnership arises – whether sooner based upon the need or desire to transition an associate into a partnership or to add a practice area by acquiring a lateral partner with his/her book of business. Maybe you are thinking about merging with another firm. Or maybe you have been solo or a sole owner for your entire career and are now contemplating retirement and are looking for a succession/exit strategy and now must either bring in a partner, merge with another firm, or sell your practice. Partnership with another attorney creates another set of interpersonal dynamics and another set of skills that will need to be developed at this stage of your practice.

  • January 24, 2012 | Practice News
    Illinois Supreme Court announces pilot project to allow cameras in courtrooms

    Chief Justice Thomas L. Kilbride announced on Tuesday that the Supreme Court has approved a policy for a pilot project to allow news cameras and electronic news recording in Illinois trial courtrooms for the first time. Read the order for extended media coverage.

    The policy is effective immediately and invites the Circuit Courts in the state to apply for approval from the Supreme Court to take part in the experimental program. Once a Circuit is approved by the Supreme Court, media may request to electronically cover eligible cases in that Circuit.

    "This is another step to bring more transparency and more accountability to the Illinois court system," said Chief Justice Kilbride. "The provisions of this new policy keep discretion in the chief circuit judge and the trial judge to assure that a fair and impartial trial is not compromised, yet affords a closer look at the workings of our court system to the public through the eyes of the electronic news media and news photographers.

    "I am thankful to all of my fellow justices on the Court for giving a willing ear, thoughtful consideration and unanimous approval to this experiment. It is new to Illinois, but has been standard practice in many other states. I am confident that through the diligence of our chief circuit judges and our trial judges, along with the professionalism of the news media, that it may become a standard practice in our state too."

    1 comment (Most recent January 27, 2012)
  • January 23, 2012 | Practice News | ISBA News
    Guardianship of Children programs now available for online viewing
    “Guardianship of Children,” two half-hour programs presented by Illinois Law, will air on Chicago Access Network Television, Channel 21 in Chicago. Part 1 will air on Tuesdays, January 31 and February 14 at 10 p.m., and Part 2 will air on Tuesdays, February 7 and 21 at 10 p.m. Both programs are available for viewing below.