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  • November 18, 2011 | Practice News
    What can you count on these days?

    Does a statutory limitations period stated in calendar years end on the anniversary date or the day before the anniversary date? Two recent cases, one withdrawn and one with an Illinois Supreme Court Justice's pointed dissent, indicate that the answer you have been counting on may be subject to challenge.

    By Joseph R. Marconi[1], for ISBA Mutual

    Lawyers understand that every right, no matter how important, can be summarily extinguished if papers are not timely filed. The statutory timeliness of many key filings (such as a complaint) is set forth in terms of calendar years- i.e., the filing must occur "within one/two/three/ten years" of a "triggering event" (such as an injury or a contract breach). One important statutory deadline is the time within which to file a petition to vacate a judgment. The applicable deadline is found at 735 ILCS 5/2-1401(c) ("Section 1401(c)"), "the petition must be filed not later than two (2) years after the entry of the order or judgment."

    Section 1401(c) identifies a clear triggering event-"entry of the order or judgment"-which is easily and unmistakably determinable. It also provides a clear time period within which to file-two years- a factor which is also easily and unmistakably determinable. The only possible variable is when to start counting down the two years-either on the day of the triggering event, or the day after the triggering event. If one starts counting on the day of the triggering event, then filing on the (second) anniversary date is one day too late, and thus, untimely. However, if one starts counting on the day after the triggering event, then filing on the second anniversary date is timely.

  • November 17, 2011 | Practice News
    Read PDFs (including ISBA newsletters!) flipbook-style on your iPad

    In the latest issue of ISBA's The Catalyst, Janice L. Boback offers a list of apps any lawyer should love. There's one in particular that every iPad owner/ISBA newsletter subscriber should put to use immediately.

    "The iBook app (free and built into the iPad 2) allows you to read books purchased from Apple’s iBookstore, but it is also a great way to read PDFs," she writes. "For example, you can download the PDF for this newsletter and press the button that says ‘open in iBooks’ and it will be added to your bookshelf. Once it is in your bookshelf, you can flip through the pages of the newsletter even if you aren’t online. Also works great for ISBA Fastbooks!"

  • November 17, 2011 | Practice News
    ISBA Statehouse review for the week of Nov. 16

    ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers: cuts to Legal Services' funding, Senate Bill 1694, House Bill 1589, House Bill 1712, House Bill 1604 and Senate Bill 1259. Information on each bill is available below the video.

    Legal Services' funding drastically cut.

    The funding for Legal Services Corporation was reduced by about 14.8 % for FY 12. Fiscal Year 2011 funding was at $404 million, and the House Senate conference committee voted to reduce it to $348 million for FY 12.

    Congress has settled on the halfway number between the House and Senate committee recommendations despite the fact that the overall cuts in this appropriation amount to 2%. This is a huge and disproportionate cut—more than $56 million. This has to be devastating for Legal Assistance Foundation,  Prairie State Legal Services and Land of Lincoln. As a practical matter, what this means for Illinois is about a $1 million cut for LAF and another almost $1 million combined cut for Prairie State and Land of Lincoln.

  • November 16, 2011 | Practice News
    Best Practice: Contemplating merging with another law firm

    Asked and Answered

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

    Q. We are a 15 attorney estate planning firm just outside of New York City. Ten years ago we had 37 lawyers in the firm. We have had several defections due to internal management problems pertaining to structure and compensation. We have operated more as a group of solo practitioners than as a true law firm. Recently we have considered the option of merging with a larger firm. What are your thought regarding the pros and cons of doing this?

    A. Research indicates that 1/3 to 1/2 of all mergers fail to meet expectations due to cultural misalignment and personnel problems. Don't try to use a merger or acquisition as a life raft, for the wrong reasons and as your sole strategy. Successful mergers are based upon a sound integrated business strategy that creates synergy and a combined firm that produces greater client value than either firm can produced alone. Right reasons for merging might include:

    1. Improve the firm's competitive position. Increase specialization - obtain additional expertise.
    2. Expand into other geographic regions.
    3. Add new practice areas.
    4. Increase or decrease client base.
    5. Improve and/or solidify client relationships.

    I would start by thinking about your reasons for wanting to merge and your objectives. Ask yourself the following questions?

  • November 14, 2011 | Practice News
    Book review: Breach of Trust

    By Michael S. Jordan, Retired Judge – Circuit Court of Cook County, Illinois

    David Ellis, the author of Breach of Trust, is a lawyer on the staff of the Speaker of the Illinois House of Representatives, Michael Madigan. He was the chief impeachment prosecutor on behalf of the Illinois House pursuing the impeachment of Governor Rod Blagojevich at the Illinois State Senate where the governor was convicted and removed from office. Ellis’ real life experience and the knowledge he acquired proved invaluable and fantastic as research and background to write this realistic, timely, and riveting novel.

    Breach of Trust is a fast paced political thriller with murder, violence, and continual suspense as fictional hero, Jason Kolarich, a former prosecutor and acclaimed defense attorney, goes underground to settle a score. In the process Ellis has Kolarich pursue this saga with several of Ellis’ characters from his other works of fiction. Ellis cleverly unveils the levels of deceit, corruption, and intrigue in the politics of Illinois government.

  • November 11, 2011 | Practice News
    DuPage County announces Veteran's Track

    Chief Judge Stephen J. Culliton, Chief Judge Elect John T. Elsner and MICAP Programs Judge Jane H. Mitton and State's Attorney Robert B. Berlin announced recently that a Veteran's Track is being initiated as a cooperative effort between the 18th Judicial Circuit of Illinois Drug Court and Mental Illiness Court Alternative Programs (MICAP) and the Veteran's Administration.

    The mission of the Veteran's Track is to reduce the number of incidence crimes committed by verteran with substance abuse, traumatic brain injury, post traumatic stress disorder and/or mental health issues as a results of their military service. This will be achieved by the operation of a highly structured judicial intervention process for these veterans that brings together Veteran Administraiton treatment services and intesnsive judicial monitoring through Drug Court or MICAP.

    Participants will consist of those who served in the U.S. Armed Forces and who have received an honorable or general discharge from the military. For further information, please contact Jim Wojtas, Drug Court/MICAP Program Manager at (630) 407-8846 or james.wojtas@dupageco.org. The start date is Jan. 1, 2012.

  • November 9, 2011 | Practice News
    Contribution for college expenses: don't let your divorce clients miss the boat

    You see it all the time. Mom and Dad don't decide by the close of their divorce -- i.e., by the time the decree is issued -- who will pay how much for Junior's college education. They reserve that one for later.

    Later finally arrives, as it is wont to do. And Mom comes to court waving Junior's tuition bill, which she has already paid, seeking an order for what she thinks is a reasonable contribution from Dad.

    Unfortunately, she's too late, according to the Illinois Supreme Court's September 2011 decision in In re the Marriage of Petersen. Read Cecilia Hynes Griffin's and Scott P. Kramer's analysis of the case in the latest ISBA Family Law newsletter.

  • November 9, 2011 | ISBA News | Practice News
    Nearly 2,200 new attorneys admitted in Illinois

    Nearly 2,200 new attorneys were admitted to practice in Illinois on Thursday, November 10 with Justices of the Illinois Supreme Court presiding and administering the attorney’s oath at five separate locations.

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

    The largest group, 1,600, were admitted in the First Judicial District during ceremonies starting at the McCormick Place West Skyline Ballroom. Illinois Supreme Court Justice Charles E. Freeman presided over the ceremony, with Justices Anne M. Burke and Mary Jane Theis participating.

    Justice Freeman introduced Cook County Associate Judge Frank B. Castiglione, who made the motion to admit the class.

    The Hon. Joseph N. Casciato, retired associate judge, seconded the motion to admit the class.

    Illinois State Bar Association President John G. Locallo was one of two bar association presidents to address the class.

    The 2,155 men and women were certified as candidates and  were sworn in as Illinois attorneys Thursday at ceremonies in the five Supreme Court judicial districts.

    The new attorneys will bring the total number of licensed attorneys in Illinois to approximately 90,200.

    Click here to view pictures from the 1st District Admission Ceremony

    1 comment (Most recent November 11, 2011)
  • November 9, 2011 | Practice News
    Best Practice: Diversifying a Personal Injury Plaintiff Law Firm

    Asked and Answered

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

    Q. Our firm is a personal injury plaintiff law firm located in Austin, Texas. We have 4 attorneys in the firm and all are partners who have been practicing for over 25 years. One hundred percent of our practice is PI plaintiff. We have been extremely successful over the years and handled some very large cases, have had some big wins, and handled several class action cases. Our current challenge is cash flow. The cases we are involved with seem to be bigger and more complex with fewer smaller cases that can be resolved quickly and contribute to cash flow. We are getting in deeper to our line of credit. Of late we have been discussing pros and cons of diversifying the practice and adding a non-PI practice area to our practice. What are your thoughts? Have you seen PI plaintiff firms do this successfully?

    A. More and more of our PI plaintiff law firm clients have been raising this question during the past year. While a lot can be said about specialization - a firm can also sometimes be too specialized. I have seen many hybrid firms over the past 20+ years that have successfully combined a plaintiff personal injury practice with a transactional practice.

    As one firm told me "we transactional folks bill the hours and pay the bills while we turn the PI folks loose to go after the big hits." Firms that operate the firm as a "firm-first" firm tend to be more successful with such a practice mix than do firms that are "lone ranger" firms operating as a collection of individual practitioners.

  • November 8, 2011 | Practice News | ISBA News
    Nominations being accepted to represent ISBA on ABA House of Delegates (under age 35)

    At the December 10, 2011 meeting of the ISBA Assembly, two “under 35" delegates to the ABA House of Delegates will be elected, one from Cook County and one from the area outside Cook County.  The nominees for these positions must be members of the ISBA in good standing from the appropriate area and under the age of 35 as of August 10, 2012.  The elected delegates will serve for two-year terms commencing June, 2012 and will join the ISBA delegation at the ABA meeting in Chicago in August, 2012.

    The current incumbents are Kelly Gandurski, of Chicago, who is eligible for re-election and Jean Kenol of Joliet, who is not eligible for re-election.

    Nominations must be made in writing by at least 20 ISBA members in good standing from the appropriate area.  Nominations must be filed with the office of the Executive Director no later than Monday, November 21, 2011.  Further information and nominating petitions are available from the office of the Executive Director, Illinois State Bar Association, 424 S. Second Street, Springfield, IL 62701 or by contacting Kim Weaver at (800) 252-8908 or kweaver@isba.org.