Succession planning is a necessary consideration for attorneys, regardless of whether they’re actively planning to close or merge a firm.

It’s important for lawyers to designate a representative who can take limited fiduciary action if the designating attorney loses the capacity to run his or her firm, abandons the practice, or dies.

The ISBA’s “Succession Planning Checklist” provides guidance when considering the various scenarios that may necessitate an attorney handing over the reins.

Attorneys Barry Hines and Andrew White discuss the two major types of Illinois farm leases.

The Illinois Supreme Court handed down four opinions on Thursday, September 19. In Accettura v. Vacationland, Inc., the court clarified the distinction between rejection and revocation of acceptance for purposes of the Illinois version of the Uniform Commercial Code. In Carmichael v. Union Pacific Railroad Co., the court provided instruction on what is a proper counterclaim under section 2-608 of the Code of Civil Procedure and explained that a counterclaim is an independent, substantive cause of action that seeks affirmative relief and must stand or fall on its own merits. In People v. Custer, the court considered whether to extend the procedures established in Krankel and its progeny to proceedings commenced under the Post-Conviction Hearing Act and declined to do so. In People v. Smith, the court upheld the convictions of two defendants for aggravated battery of a senior citizen.

Don’t miss this online seminar from 1 until 2 p.m. Tuesday, Oct. 15, that explains why health plan fiduciaries need to be aware of the Employee Benefits Security Administration’s (EBSA) health plan investigation process, as well as what to expect during an investigation. Health care attorneys and employment law practitioners with intermediate practice experience who attend this live webcast will better understand: which enforcement initiatives the EBSA is currently focused on; the primary responsibilities of the health plan fiduciary, EBSA, and ERISA during a health plan investigation; what to expect during the investigation process; and how to use EBSA’s Voluntary Fiduciary Correction Program to address breaches of responsibility prior to an investigation.

ISBA President David Sosin has established a Special Committee on Assembly Governance to comprehensively review and make recommendations about the structure and operation of the ISBA Assembly.

The Special Committee is comprised of past and current members of the Assembly. The Special Committee has expressed a desire to have your thoughts and comments regarding participation in the Assembly and its role.

Take the survey.

The Illinois Supreme Court on September 17 amended Rules 610, 613, 901, and 1101. All changes are effective immediately. 

Amended Rule 610 alters the requirements for information to be included in motions for extension of time in criminal cases.

The Illinois Supreme Court announced the filing of lawyer disciplinary orders on Sept. 16, 2019. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

The 2019 Joint Midyear Meeting will be held Dec. 5–7 at the Westin O'Hare in Rosemont and conclude with a meeting of the ISBA Assembly on Saturday, Dec. 7.

Conveniently located near the airport and city, Rosemont features a wide variety of entertainment and dining options, as well as a number of places to complete your holiday shopping.

Join us from 1 until 4:30 p.m. Thursday, Oct. 10 in Chicago or via live webcast to learn about exempt securities offerings. Many day-to-day business transactions have securities implications that some practitioners may not be aware of, including raising money for a business, starting a business, transferring shares to a family member as part of an estate plan, and other common business transactions.

Attorneys practicing in transactional business law with intermediate practice experience who attend this seminar will better understand: statutory exemptions; commonly used Securities and Exchange Commission Rules; restrictions placed on securities that have been offered and sold using Regulation D; common pitfalls encountered during Regulation D and Regulation A offerings; how Regulation A tier 1 offerings differ from Regulation A tier 2 offerings; the Illinois law considerations that should be taken into account during Regulation A offerings; and new developments in gatekeeper liability.

There are many reasons why firms close, some planned and some unplanned.

Regardless of the reason, the ethical duties of the attorneys in these situations are similar—to protect the clients’ interests. While there are no specific rules covering what lawyers need to do when closing a practice, there are basic ethical obligations.

The Illinois Attorney Registration and Disciplinary Commission’s “Basic Steps to Ethically Closing a Law Practice,” which can be found on Practice HQ, provides forms and suggested procedures to assist attorneys in closing a firm while meeting their ethical obligations.