Interesting article in the February ABA Journal about the long-rumored new version of Westlaw (launch date February 1), a coming-soon revamp by Lexis, and a new legal research product by Bloomberg. Bottom line: everyone is trying to make searching easier and more Google-like.
Here's a passage that might resonate with ISBA members: "Ed Walters, CEO of Fastcase, a 10-year-old legal research and information provider in Washington, D.C., says his company has thrived because it already addressed the problems that LexisNexis and West are now trying to correct. 'In the old way of doing legal research you get this long list of results and the results are undifferentiated. It’s one-size-fits-all,' he says. 'That’s a huge problem.'”
If you're an ISBA member and you haven't taken advantage of your free subscription to Fastcase, there's no time like the present.
Practice News
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January 27, 2010 |
Practice News
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January 27, 2010 |
Practice News
The political "debate" on health-care reform is a lesson for advocates. Regardless of your views on the merits of the issue, I think the proponents did a dismal job in promoting it. This weekend I read two different opinion columns that concluding this as well--that the proponents' lack of clarity dragged the bill down. Although I don't think every advocate should argue using a marketing theme similar to beer commercials, your story or argument must have a theme or synopsis that your reader or listener immediately grasps. Justice Scalia and Bryan A. Garner in Making Your Case (2009) also discuss the multiple benefits of clarity: "Clarity is amply justified on the ground that it ensures you'll be understood. But in our adversary system it performs an additional function. The clearer your arguments, the harder it will be for your opponent to mischarcterize them." (emphasis added) Garrison Keillor's Sunday column entitled "Get real and consider the basic question." "The problem for Democrats right now is that nobody can explain health-care reform in plain English, 50 words or less. It's all too murky. . . . like all murky stuff, it is liable to strike people as dangerous or unreliable." Ever had a judge ask you what's this case all about--and you coudn't tell them in 30 seconds or less? Frank Rich's Sunday column: "Worse, the master communicator in the White House has still not delivered a coherent message on his signature policy.
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January 27, 2010 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC Q. I am a partner in a 5 attorney firm in downstate Illinois. We had a difficult year last year and are trying to plan 2010 and beyond. Do you have any thoughts as to what we should be thinking about? A. As law firms begin to plan for 2010 and beyond we suggest the following key strategies:- Develop an ongoing brainstorming program to facilitate the process of identifying new business opportunities. Incorporate client surveys into the process. Consider small client advisory boards and focus groups.
- Get that business/marketing plan that you have been talking about for years done for 2010.
- Focus - Focus - Focus your firm
- Limit your practice
- Consider industry niches.
- Identify three to five key goals and strategies for the year.
- Be selective in client acceptance
- Use your business/marketing plan as a tool to keep you on track.
- Create an environment in your firm for effectively getting decisions implemented.
- Increase your marketing investments.
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January 26, 2010 |
Member Services | Practice News
As a member of the ISBA, you have free access to the following caselaw:
- U.S. Supreme Court
- U.S. Circuit Courts
- U.S. District Courts for Illinois
- 50-state supreme and appeals courts.
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January 25, 2010 |
Practice News
How many variations of "attorney's fees" do you see? Four different variations, according to the Illinois Bill Drafting Manual of the Legislative Reference Bureau and Bryan A. Garner. Attorney's fees, attorneys' fees, attorney fees, and attorneys fees all appear in the Illinois Compiled Statutes.(Manual, page 282) Both Garner and the Manual agree on recommended usage. (1) "Attorney's fees" appears most frequently in the Illinois statutes, and Garner agrees that it is the most prevalent. (A Dictionary of Modern Legal Usage) (2) "Attorneys' fees" is fine for plural possessive (more than one attorney). (3) "Attorney fees" is not recommended by either but is used frequently. (4) "Attorneys fees" is not to be used at all.
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January 21, 2010 |
Practice News
The Illinois Supreme Court disbarred three lawyers, suspended 12 and censured three in its latest disciplinary filing Thursday. Most suspensions take effect on Feb. 11. More information on each case is available at the Attorney Registration and Disciplinary Commission Web site.
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January 21, 2010 |
Practice News
Did the Committee on Pattern Jury Instructions in Civil Cases break what wasn't broke with a 2006 IPI revision? That's what Dan Wurl asks in the latest Tort Trends. The Illinois Pattern Instruction in question is Civil No. 105.01, “Professional Negligence—Duty.” And here's how Dan ultimately answers his own query: "The Committee went from two relatively straight-forward, seemingly non-controversial jury instructions in IPI 105.01 and 105.02 (2005) that had withstood the test of time to a 2006 version that has quickly become the source of appeals and uncertainty as to what version of IPI 105.01 accurately states Illinois law." Read his analysis.
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January 20, 2010 |
Practice News
Maybe you've been thinking about going out on your own. Or maybe solo practice has been forced on you. Either way, visit ISBA's Practice Resource Center, especially the section devoted to Hanging Out a Shingle. We've collected our best solo-oriented practice guidance, ethics advice and other information -- newsletter and IBJ articles, ethics opinions, and more -- and put it in one place. You can't afford not to check it out.
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January 20, 2010 |
Practice News
Chief Judge Stephen J. Culliton announced today that applications for the Office of Associate Judge of the 18th Judicial Circuit Court have been received from those listed below.
- Audriana T. Anderson, Wheaton
- Alan J. Brinkmeier, Elmhurst
- Brenda M. Carroll, Winfield
- Anthony V. Coco, Glen Ellyn
- Kimberly A. Davis, Winfield
- Robert E. Douglas, Carol Stream
- Scott M. Hardek, Elmhurst
- John Paul Kelly, Wheaton
- Michael R. Konewko, Winfield
- Frank J. Markov, Jr., Lombard
- Sean M. McCumber, Warrenville
- Robert S. McDonough, Wheaton
- Alex F. McGimpsey, III, Glen Ellyn
- Ronald D. Menna, Jr., Wheaton
- Brian N. Nigohosian, Darien
- Michael A. O'Brien, Wheaton
- James D. Orel, Westmont
- John J. Pcolinski, Jr., Naperville
- Charles A. Rohde, Elmhurst
- David E. Schwartz, Glen Ellyn
- Alfred A. Spitzzeri, Naperville
- Neal F. Thompson, Naperville
- Michael A. Wolfe, Warrenville
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January 20, 2010 |
Practice News
Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I am the sole owner of a 12-attorney practice. I am 55 years old and am beginning to think about retirement. The other attorneys are associates in the firm. What do I need to be thinking about in order that I can transition out of my practice and have money for retirement? While I have put some money in a 401k, I am not yet financially secure enough to retire. A. You are not alone. As the baby boom generation ages - more and more attorneys are asking this question. Unless you have an appropriate Exit Planning Strategy and put in place a sound Exit Plan, it is doubtful that you will be able to cash in on the full value of the goodwill that you have created. To exit successfully you need:
- A plan - a roadmap - that outlines the process and helps you decide on where you want to go and how you will get there.
- Timeline - a disciplined implementation timetable keyed to your Exit Plan.
- Start Early - Getting ready for exit takes time. Start early 5-8 years before you are ready to retire or exit.
- Decide - When do you want to leave the practice?
- Decide - How much cash do you need when you exit?
- Decide - To whom do you want to transfer the practice?