Practice News

Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC For the past four weeks I have been discussing the characteristics of successful law firms and introduced the following basic building blocks that successful firms typically have in place:

• Partner Relations
• Leadership
• Firm Management
• Partner Compensation
• Planning
• Client Service
• Marketing

Partner relations, leadership, management, and partner compensation blocks have been discussed. The fifth basic building block is planning. Successful firms have a long range business or strategic plan in place. Based upon our experience from client engagements, we have concluded that lack of focus and accountability is one of the major problems facing law firms. Often the problem is too many ideas, alternatives, and options. The result often is no action at all or actions that fail to distinguish firms from their competitors and provide them with a sustained competitive advantage. Ideas, recommendations, suggestions, etc. are of no value unless implemented. Well designed business plans are essential for focusing your firm. However, don’t hide behind strategy and planning.

[caption id="attachment_14694" align="alignright" width="150" caption="Russell Hartigan"][/caption] Illinois State Bar Association Board member Russell W. Hartigan has been appointed Circuit Judge of Cook County, at Large, to the vacancy created by the retirement of the Hon. John J. Moran. This appointment is effective on Oct. 14, 2010, and terminates on Dec. 3, 2012. Mr. Hartigan is a partner with the firm of Hartigan and O'Connor P.C. He graduated from DePaul University and received his J.D. from the John Marshall Law School.

[caption id="attachment_14606" align="alignright" width="150" caption="Justice Thomas L. Kilbride"][/caption] The Illinois Supreme Court announced Thursday it has unanimously elected Justice Thomas L. Kilbride as Chief Justice, effective October 26, 2010, to succeed Chief Justice Thomas R. Fitzgerald, who has announced his retirement for health reasons. Justice Kilbride’s tenure as Chief will run through October 25, 2013. “I am exceedingly honored and humbled by my colleagues’ selection of me as Chief Justice,” Justice Kilbride said. “I regret deeply that my friend Chief Justice Fitzgerald will not be able to complete his term as Chief, but I have learned much from his example of dignity, grace and leadership. I will miss his continued guidance and friendship.” “Fortunately, I can continue to draw on the example that my colleagues Charles Freeman and Bob Thomas have set before me as Chief, and I welcome and deeply appreciate the confidence they and each member of the Court has placed in me by this honor.” Chief Justice Fitzgerald announced earlier this week that he was retiring, effective October 25, for health reasons. Justice Kilbride, 57, was elected to the Supreme Court from the Third Judicial District in 2000, the same year Chief Justice Fitzgerald and Justice Thomas were elected to the Supreme Court. Justice Kilbride is known as a common man in an uncommon position who took an unusual path to reach the top of his profession. As the only member of the seven justices who had not served as a judge before, he brings a rare perspective to the Court. He had been a practitioner for nearly 20 years, first as a legal services attorney for the poor, then for a mid-sized law firm and as a solo practitioner in a storefront office. Throughout all of those years, he was continuously involved in volunteer service in the Rock Island area. “Justice Kilbride is a good and decent man, and will make a wonderful Chief Justice,” said retiring Chief Justice Fitzgerald. “He’s hard-working, thoughtful and highly capable.” In another Order filed on Thursday, the Supreme Court named Justice Rita B. Garman as a member of the Illinois Courts Commission to replace Justice Kilbride when he becomes Chief. Justice Kilbride grew up in Kankakee, received his B.A. degree magna cum laude from Saint Mary’s College in 1978; and his law degree from Antioch School of Law in Washington D.C. in 1981. While in law school, Justice Kilbride completed judicial internships for the administrative assistant to the Chief Justice (Warren Burger) of the United States Supreme Court and for U.S. District Court Judge Joyce Hens Green. As a member of the Court, he was the moving voice behind the formation of a special committee to study and make recommendations on how to encourage every practicing attorney in the state to give some form of free legal work to those who cannot afford it.

There's a great article on the Forbes website about the dangers of DIY will books and software (see The Case Against Do-It-Yourself Wills). Here's hoping all of your clients read it. It's all the more interesting because it includes an irresistible  "fubar homespun will" anecdote from Dennis Riley, an ISBA member from Oregon, Ill. Quoting the article here: "[Riley] recalls a situation several years ago where a father was estranged from one of his children and wanted to disinherit him. Dad bought DIY will software from a big-box store and, following the prompts, listed his assets, but omitted some important ones: small numbers of shares of various phone company stocks that he had bought many years earlier. Those shares, which probably once seemed like tiddlywinks, had burgeoned in value because of mergers and stock splits and were worth more than $1.5 million, comprising most of Dad's estate, by the time he died." Wow. Sounds like it came from a law school final, but it really happened. This, folks, is why people need lawyers. Spread the word. (Hat tip to Michele Miller, who posted the link on the ISBACafe discussion group.)