By Grant Nyhammer, ISBA Delivery of Legal Services Committee Most of us look forward to retirement as we envision ourselves having unlimited time and resources to do what we love most. Most of us, however, do not anticipate that we all become more vulnerable with the inevitable physical and mental decline in our abilities as we age. We also may not realize that retirement presents a bevy of new legal issues such as:
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September 30, 2013 |
Practice News
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September 30, 2013 |
CLE
Master the basics of administering a decedent’s probate estate with this full-day seminar in Bloomington on October 23rd! Follow along as respected estate planning practitioners guide you through the estate administration process – from the initial meeting with clients to closing the estate. Trusts and estate professionals with basic to intermediate practice experience who attend this seminar will better understand: What needs to be discussed during the initial client meeting; how to determine if probate is necessary or appropriate; the appropriate procedures for locating heirs and legatees; how to prepare an Affidavit of Heirship; how to handle claims against the estate; the tax consequences of distributions from the estate; when to use disclaimers and Powers of Appointment; how to create a plan for distribution; how to avoid conflicts of interest; and much more!The program is presented by the ISBA Trusts & Estates Section and qualifies for 6.0 hours MCLE credit, including 0.75 hour Professional Responsibility MCLE credit (subject to approval).Click here for more information and to register.
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September 25, 2013 |
Practice News
The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on September 25, 2013, during the September Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
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September 25, 2013 |
Practice News
Asked and AnsweredBy John W. Olmstead, MBA, Ph.D, CMCQ. We are a 8 attorney firm located in downtown Chicago. We have just hired our first administrator/business manager and he starts in two weeks. We are concerned that we get started on the right foot so our experience is successful. Any thoughts?A. Relationship With PartnersOn the first day of employment with the firm, the administrator must begin to develop a relationship with the firm’s partners that is based upon need, understanding, credibility and trust.Governance PlanBusiness management in many law firms suffers from decision-making paralysis — in other words, helpless inactivity and the inability to act decisively. Lack of effective implementation of decisions is also evident. The result: missed opportunities and a deteriorating competitive position in the legal marketplace. Administrators who can be proactive and turn this situation around will be off to a good start to solidifying their positions in their firms.
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September 24, 2013 |
Events
This is the first luncheon in a three-part luncheon series aimed at teaching law students and young attorneys practical steps in developing their legal careers. Each luncheon will feature esteemed panelists discussing a variety of topics, while also taking questions from the audience. The first luncheon program will feature two panelists with financial planning backgrounds discussing investing in your future while also paying off your student loans. The registration deadline is Wednesday, Sept. 25.
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September 23, 2013 |
ISBA News
Make a charitable donation to Chicago Law and Education Foundation (CLEF) and your gift may be doubled.CLEF operates legal clinics in several Chicago Public High Schools and has gained national attention for its endeavors. CLEF has been funded by the Illinois Bar Foundation for several years and it can benefit from the generous support of the legal community.Any new or increased donation to CLEF made on or before Sept. 30 will earn a dollar-for-dollar match from the Illinois Bar Foundation – up to the first $5,000 donated. Help grow and stabilize the funding for one of Chicago’s most unique legal services organizations.Please consider making a donation today and earn a match from the Illinois Bar Foundation. Donate now at www.lawclef.org.
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September 23, 2013 |
CLE
Join us in Normal on Oct. 17 to update your knowledge on the recently-enacted real estate-related legislation and current case law that will impact your practice! It is important that attorneys working in the real estate arena keep abreast of the ongoing changes and developments taking place in this important field of practice. Real estate lawyers, transactional attorneys, and commercial banking/bankruptcy practitioners – with basic to intermediate practice experience – attending this program will better understand: the real estate issues that can arise during the dissolution of a marriage; the economic development incentives being offered by municipalities throughout Illinois; how the landmark Cypress Creek case has affected lien disputes; important tax issues that can affect real estate transactions; the ethical and malpractice issues to consider when representing a client during a real estate case; and much more!The program is presented by the ISBA Real Estate Law Section and qualifies for 6.0 hours MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval).Click here for more information and to register.
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September 20, 2013 |
People | Events
The Illinois Supreme Court will hold a memorial service in honor of the late Justice Moses W. Harrison II. Tributes will be given by Chief Justice Thomas L. Kilbride; Steve Miller, senior law clerk to Justice Lloyd A. Karmeier; Paula H. Holderman, president of the Illinois State Bar Association; and Leonard Amari from the Justinian Society of Lawyers.WHAT: Memorial Service honoring the late Justice Moses W. Harrison IIWHEN: Tuesday, September 24, 2013 – 1:30 p.m.WHERE: Former Supreme Court Chambers, State Capitol Building, Room 212, SpringfieldJustice Harrison was born in Collinsville and educated in Collinsville public schools. He received his undergraduate degree from Colorado College and his law degree from Washington University School of Law in St. Louis in 1958. After the private practice of law, he was appointed as a circuit judge in 1973 by the Illinois Supreme Court and was elected in 1974 to that position. At the time of his appointment, he was senior partner of the law firm of Harrison, Rarick and Cadagin in Collinsville.In 1979, Justice Harrison was appointed to the Illinois Appellate Court in the Fifth Judicial District. He was elected in 1980 to that position and was retained by voters in 1990.Justice Harrison was elected to the Supreme Court in 1992. He served as Chief Justice from January 2000 until his retirement in September 2002.
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September 19, 2013
The Board of Governors is pleased to announce the 2013 Class will be honored at a special luncheon on Thursday, November 14, 2013 at the Union League Club of Chicago. A reception will begin at 11:15 a.m., and lunch is scheduled promptly at noon. Tickets to the luncheon are available and may be purchased online at www.isba.org/distinguishedcounsellorsluncheon. Any questions regarding the luncheon may be directed to Kim Weaver at kweaver@isba.org.
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September 19, 2013 |
Practice News
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the criminal cases People v. Johnson and In re Shelby R.People v. JohnsonBy Kerry J. Bryson, Office of the State Appellate DefenderAt issue was whether Section 4-2002.1(a) of the Counties Code allows for imposition of a $50 State’s Attorney fee for hearing a 2-1401 petition. The statute refers only to imposition of the fee for habeas corpus proceedings.The Court rejected the argument that “habeas corpus” was meant to refer, generically, to any collateral proceedings, noting that habeas corpus has a specific meaning. Considering the plain language of the statute as the best indication of legislative intent, the Court concluded that the reference to “habeas corpus” was meant to encompass the various types of habeas corpus proceedings (e.g., habeas corpus ad prosequendum, habeas corpus ad respondendum, habeas corpus ad testificandum), and nothing more. Inclusion of any other collateral proceedings would have to come from thelegislature.While this decision is not particularly broad-reaching, it does demonstrate the Court’s adherence to long-standing principles of statutory construction, beginning with looking first to the plain language of the statute. Where the plain language is clear, the Court will go no further in interpreting a statute’s meaning.