Q. I’m moving offices and would like to get rid of a bunch of old financial records and billing sheets. Can I?A. Supreme Court Rule 769 requires that it is the duty of every lawyer to maintain for a minimum of seven years originals, copies, or computer generated images of: all financial records related to an attorney’s practice including bank statements, time and billing records, checks, check stubs, journals, ledgers, audits, financial statements, tax returns and tax reports. See also ISBA Professional Conduct Advisory Opinion 12-06. That Opinion presents a number of other considerations that might suggest keeping records even longer than seven years.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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April 2, 2014 |
Practice News
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April 2, 2014 |
ISBA News
ISBA Young Lawyer of the Year Award: Nominate a young lawyer to be honored by the ISBA for their contribution to the advancement of the Bar of Illinois and participation in the ISBA. To be eligible, the nominee must be under the age of 36 and an ISBA member. One award will be given to a young lawyer practicing outside Cook County, and one to a young lawyer practicing within Cook County. Fill out the nomination form at www.isba.org/awards/yld. Forms are due on April 4, 2014. ISBA Law Student Public Service Award: Nominate an Illinois law student to be honored by the ISBA for their participation in activities that enhance professional responsibility and provide service to the public. The award is based on extracurricular accomplishments and service related activities during the law school career. The ISBA will award one $250 donation in the name of the final winner to a non-profit organization of the winner’s choice. Fill out the nomination form at www.isba.org/awards/lawstudent. Forms are due on April 4, 2014.
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April 2, 2014 |
Practice News
Asked and AnsweredBy John W. Olmstead, MBA, Ph.D, CMCQ. I am a partner in a nine-attorney firm in Topeka, Kansas. There are three active partners in the firm. For years, day to day management has been the responsibility of a managing partner that we appoint from time to time. We have just hired our first firm administrator, who is experienced and has worked in other law firms. Should we continue to have a managing partner or consider a different structure?
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April 1, 2014 |
Practice News
The Illinois Department of Revenue’s web portal for business incentives reporting is now up and available for use.Please see the attached bulletin from the Illinois Department of Revenue regarding important changes to the reporting requirements.Public Act 98-0109 made changes to the business incentives reporting requirements originally outlined in Public Act 97-905.Holders of sales tax exemption certificates from IDOR issued for the period beginning July 1, 2013, must file a report.Enterprise Zone and River Edge Redevelopment Zone administrators no longer are required to file reports.The deadline to file reports for all of those required to do so has been changed to May 31(previously the end of March).More detailed information is available at IDOR’s web site, tax.illinois.gov. and clicking on “Business Incentives” on the left side of the page.
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April 1, 2014 |
CLE
Don’t miss this opportunity to update your knowledge on the ins-and-outs of a bankruptcy case!Join us in Chicago on April 11th for this comprehensive look at bankruptcy procedure – from the different types of bankruptcy and the necessary steps to take when your debtor files for bankruptcy, to modifying an automatic stay and filing a proof of claim. Attorneys working in the commercial litigation, banking, collections and/or bankruptcy areas with basic practice experience who attend this full-day seminar will better understand: how to conduct the initial client interview, including the appropriate consultation questions and the required client disclosures; the statutory deadlines and requirements when representing a client during an adversary proceeding; the purpose and goal of a 341 meeting; the role of the Chapter 7 trustee in asset and no-asset cases; how to maximize your client’s recovery when representing a creditor in a bankruptcy; the common problems that can arise during a bankruptcy case and how to avoid them; and much more!The program is presented by the ISBA Commercial Banking, Collections and Bankruptcy Section and qualifies for 6.0 hours MCLE credit.Click here for more information and to register.
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March 31, 2014 |
ISBA News
All members with their dues paid by March 1, 2014 are eligible to vote for contested races in their area. All eligible voting members may vote for Third Vice President; members with voting addresses in Cook County may also vote for Board of Governors, Under Age 37 Cook County. Ballots were distributed Friday, March 28, 2014ISBA's election provider VR Election Services (VRES) emailed e-ballots to members with valid email addresses and mailed paper ballots to members without valid email addresses on Friday, March 28, 2014. If you have not received your e-ballot, please check your email spam folder under the suffix "vres.us”. If your e-ballot is not in your spam folder, or if you received an electronic ballot and want to vote by paper ballot, please contact VRES at (800) 218-4026 or custserv@vres.us. The last day to request a paper ballot is Tuesday, April 15.Voting ends at 4:30 p.m. CT Wednesday, April 30th. Paper ballots must be received at VR Election Services in Texas by 4:30 p.m. CT on Wednesday, April 30 in order to be counted. Election results will be provided by the Tellers of the Election no later than May 10, 2014. Sincerely, Robert E. CragheadExecutive Director
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March 30, 2014 |
CLE
Join us from the comfort of your home or office for this live webcast on Monday, April 7th and learn how significant cases are affecting how average weekly wage is calculated, as well as the different methods for calculating average weekly wage under the Illinois Workers' Compensation Act. Attorneys with intermediate practice experience who attend this online seminar will better understand average weekly wage calculations, whether overtime is included or excluded, and the various issues that can arise in average weekly wage disputes. The program is presented by the ISBA Workers’ Compensation Section and qualifies for 1.5 hours MCLE credit.Click here for more information and to register.
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March 28, 2014 |
Practice News
Circuit Court of Cook County Chief Judge Timothy C. Evans and the Nominating Committee of the Circuit Court of Cook County today announced the names of the 26 candidates that they selected to appear on the ballot from which the circuit judges will vote to fill 13 associate judge vacancies.
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March 28, 2014
Proposed legislation would revise the HCPOA form to make it easier to understand and help principals better communicate their wishes about end-of-life treatment. Find out more in the April Illinois Bar Journal.
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March 27, 2014 |
ISBA News
ISBA President Paula H. Holderman interviews ISBA Past President and current Chair of ISBA Mutual John G. O'Brien about the company's history and activities to celebrate its 25th anniversary year.