Q. As a criminal defense attorney, do I have to give my client copies of the discovery?A. Illinois Rule of Professional Conduct 1.4 imposes an ethical obligation on an attorney to maintain reasonable communication between an attorney and a client to keep the client informed and able to participate in representation. However, in People v. Davidson, 292 Ill. App. 3d 981, 686 N.E.2d 1231 (4th Dist. 1997) the Court determined that the defendant has no Constitutional right to read discovery. For further discussion, see ISBA Professional Opinion 13-10. ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.
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June 18, 2014 |
Practice News
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June 18, 2014 |
ISBA News
Richard D. Felice, a lawyer in private practice in Wheaton, was installed as president of the Illinois State Bar Association at the organization’s 138th Annual Meeting on Friday, June 20 at the Grand Geneva Resort in Lake Geneva, Wis. View photo galleries from the Annual Reception and the Annual Installation Dinner.During his year as president, Felice will place special emphasis on three projects. The first is the formation of a Task Force on the Impact of Law School Debt on the Future of the Profession to address the tremendous challenges facing new lawyers, including staggering law school debt and a stifling job market. The task force “will study in depth the concept of practice-ready new lawyers and consider constructive changes to law school curricula,” he said. Second district appellate Justice Ann Jorgensen will chair the committee.The second initiative is the formation of a Solo and Small Firm Practice Institute Series, offering educational programs to solo and small firm practitioners in five settings throughout the state. Working with other stakeholders in the practice of law, the institute will provide a variety of programming to help lawyers enhance their practices.2 comments (Most recent June 19, 2014)
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June 17, 2014 |
ISBA News | Events
The Illinois State Bar Association will present several awards recognizing individuals for their commitment and service to the profession and their communities at an Awards Luncheon on Friday, June 20, at the organization’s 138th Annual Meeting at the Grand Geneva Resort in Lake Geneva, Wis. Award recipients are:
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June 17, 2014 |
CLE
Join us in Collinsville on Friday, June 27 for a comprehensive overview of the federal civil practice addresses the most common issues faced by practitioners and offers advice from the bench and experienced lawyers on how to handle them! Attorneys with all levels of experience who practice law in federal court will gain a better understanding of: the issues that can arise while pleading in federal court, including jurisdiction issues, venue concerns, and removal/remand issues; disclosing electronically stored information during discovery; how to prepare for and conduct successful settlement conferences; the recent developments in admissibility of fact; how to effectively present testimony during the trial; current trends in mass tort and class action practices; and much more!The program is presented by the ISBA Federal Civil Practice Section and qualifies for 4.0 hours MCLE credit.Click here for more information and to register.
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June 17, 2014 |
ISBA News
ISBA President Paula H. Holderman says goodbye and looks back on her presidential year.1 comment (Most recent June 18, 2014)
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June 16, 2014 |
ISBA News
The Assembly meeting agenda has been posted at http://www.isba.org/leadership/assembly/minutes. This page is password protected and available only to ISBA members. The Assembly will next meet on Saturday, June 21 at the 138th Annual Meeting at the Grand Geneva Resort & Spa in Lake Geneva, Wis.
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June 16, 2014 |
Practice News
The Illinois Supreme Court announced Monday the assignment of Retired U.S. District Court Judge Michael McCuskey to fill a Circuit Court vacancy as Resident Circuit Judge of Marshall County in the 10th Judicial Circuit.His appointment is effective July 3, 2014 and will terminate December 5, 2016, when the position will be filled by election. Judge McCuskey will fill the vacancy created by the announced retirement of Judge Kevin Galley, which is effective at midnight July 2.
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June 16, 2014 |
Practice News
Asked and AnsweredBy John W. Olmstead, MBA, Ph.D, CMCQ. I am the founder and owner of a personal injury plaintiff practice located in Lexington, Ky. I have two associates and four support staff members. All of our cases are handled on a contingency fee basis and our swings in fee collections from year to year can be substantial. I am 64 and would like to transition my practice and retire within the next three years. Both of my associates would like to take over my practice. I believe I am entitled to compensation for my practice and am desiring a fair buyout. I would appreciate hearing your ideas concerning a buyout approach.
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June 12, 2014 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Statutes of limitation (House Bill 5512), Pregnancy and discrimination (House Bill 8), Power of attorney for health care (Senate Bill 3228), Dissolution of business entities (Senate Bill 1098) and Uniform Electronic Legal Material Act (Senate Bill 1941). More information on each bill is available below the video.
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June 12, 2014 |
Practice News
On May 29, and effective July 1, the Illinois Supreme Court amended Supreme Court Rules 201 and 214 to make discovery of electronically stored information, or ESI, more efficient. Among other things, the changes empower courts to deny ESI discovery requests that are too burdensome, and they remove the outdated (and often ignored) requirement that ESI be produced in print form.Rule 201 as amended expressly discourages discovery requests that are “disproportionate in terms of burden or expense” and specifies that a “court may determine whether the likely burden or expense of the proposed discovery, including electronically stored information, outweighs the likely benefit”….The amendments also add a definition of ESI to the court’s discovery rules for the first time.Rule 214 was revised to provide that “if a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.” It also eliminates the requirement that ESI be “produce[d]…in printed form”….Timothy Chorvat of Jenner & Block, chair of the ISBA’s Civil Practice and Procedure Section, said the amendments are “important and welcome reforms to the procedures governing discovery of ESI. Computer data makes up an ever-increasing proportion of the information that parties exchange in discovery, and the new rules will assist parties to effectively manage the production of electronically stored information while at the same time providing protections against disproportionate burdens and costs.”1 comment (Most recent June 12, 2014)