The term “independent contractor” has historically been defined as “one who renders service in the course of an occupation representing the will of the person for whom the work is done only as to the result of the work and not as to the means by which it is accomplished, and is one who undertakes to produce a given result without being in any way controlled as to the method by which he attains that result.” But the label “independent contractor” does not absolve a hiring entity from tort liability for the latter’s own negligence when retaining some requisite degree of control over an independent contractor; nor is the label dispositive for determining whether an agency relationship existed between the two parties. As Gregory Jones shows in his July Illinois Bar Journal article, “Will the Real Independent Contractor Please Stand Up?”, causes of action against employers of independent contractors remain viable in certain instances. Jones also examines claims against independent contractors and various tests for vicarious liability.

The Illinois Supreme Court announced today that due to continuing public health concerns raised by the COVID-19 pandemic, the Illinois in-person bar examination scheduled for September 9-10, 2020, has been canceled. In its place, the Illinois Board of Admissions to the Bar will offer a remote version of the exam on October 5-6, 2020, using questions prepared by the National Conference of Bar Examiners. This exam will satisfy the requirements of Illinois Supreme Court Rules 701 and 704.

Join us from 1 until 2 p.m. on Wednesday, September 9 for part ten of the Environmental Law for the General Practitioner Series, which is geared toward those practitioners who do not ordinarily advise clients on issues involving environmental issues. Lawyers representing developers, bankers, and owners of commercial real estate who attend this online seminar will better understand the different issues arising out of Superfund, which may affect your clients when operating their businesses or acquiring/renting property.

When a lawyer relocates to a new firm, timing and content are important when determining ethical responsibilities and what information may be shared with clients, colleagues, and the new and old firm. In their July 2020 Illinois Bar Journal article, “When Lawyers Relocate,” attorneys Michael Shakman and Diane Klotnia examine various opinions written by the Illinois State Bar Association and the American Bar Association as well as rules of professional conduct that provide guidance on avoiding conflicts of interest for the relocating lawyer and his or her old and new firms. Illinois lawyers especially face subtle differences in professional conduct rules regarding relocating, Shakman and Klotnia note. And, in certain relocation-based matters, state caselaw is not settled.

The Illinois Supreme Court announced today the amendment of Rule 7.3, which pertains to the solicitation of clients.

The Rule was amended to prohibit all client solicitations that "seek[] representation of the respondent in a case brought under any law providing for an ex parte protective order for personal protection when the solicitation is made prior to the respondent having been served with the order."

Chief Justice Anne M. Burke and the Illinois Supreme Court announced today the approval of new Rule 139 regarding practice and procedure in eviction proceedings. The new rule requires an eviction complaint to include a copy of the written eviction notice or demand and, where applicable, the relevant portions of the lease. The new rule is effective immediately. 

The U.S. Attorney's Office Central District of Illinois is accepting applications for an assistant United States attorney opening in its Criminal Division to be located in Springfield or Urbana.

Applicants must be United States citizens or nationals; submit to a background investigation, credit and tax checks, and drug test; be registered for selective service, if applicable; and have a J.D. degree and active member of the bar (any U.S. jurisdiction).

The Illinois Attorney Registration and Disciplinary Commission (ARDC) is hosting an online town hall event from 11 a.m. until noon on Monday, July 20, to discuss its Intermediary Connecting Services Proposal.

The proposal, which was published in February, is aimed to increase opportunities for lawyers to connect with clients and market their services to the Illinois public, while also fashioning a regulatory framework for connecting services. 

The Illinois Supreme Court today amended Rules 11 and 131.

Rule 11 was amended to explicitly provide that "[a] self-represented litigant who has an e-mail address must also include the e-mail address on the appearance and on all pleadings filed in court to which documents and notices will be served in conformance with Rule 131(d)." Prior to the amendment, self-represented litigants were allowed, but not required, to provide e-mail addresses on appearances and pleadings.​ Rule 131 was simply updated to reflect the changes to Rule 11.

In the ISBA’s latest Quick Takes for Your Practice video, attorney Sivonnia DeBarros provides six quick tips to keep in mind when representing business clients.