Join us on April 12 for a full-day seminar in Naperville that gives you the nuts and bolts you need to assist your clients with their traffic law needs. Attorneys with basic practice experience who attend this seminar will better understand: what to expect during the initial client meeting; how standardized field sobriety testing can affect a DUI trial; how breath testing devices work; the admissibility of blood tests in DUI cases; the qualification and training requirements for drug recognition experts; how to rescind statutory suspensions; how to obtain documents from the Secretary of State; how dispositions may affect a client’s driving privileges; and the crossroads of immigration law and traffic-related offenses.

The Illinois Supreme Court handed down opinions in six cases on Thursday, March 21. In People v. Webb, the court held that the unlawful use of weapons statute that provides that it is unlawful to possess or carry a stun gun in public is unconstitutional under the Second Amendment, and in People v. Drake, remanded a defendant’s appealed aggravated battery conviction to the circuit court for a retrial. In City of Chicago v. City of Kankakee, the court held that the Illinois Department of Revenue has the exclusive authority to audit disputed sales transactions and to distribute or redistribute resulting tax revenues due to any error. In 1550 MP Road LLC v. Teamsters Local Union No. 700, the court held that a union’s lease and purchase agreement that was in violation of the Property of Unincorporated Associations Act and the union’s bylaws was unenforceable. The court issued three opinions in Wingert v. Hradisky. In Van Dyke v. White, the court addressed whether the Illinois Secretary of State Securities Department has the authority to bring an administrative action against someone also subject to regulation by the Department of Insurance.

The ISBA president elect will appoint a member to one of the underrepresented seats of the Board of Governors at the May 2019 board meeting. The member appointed to this position will serve with full board member privileges for a three-year term beginning the first day of the 2019 Annual Meeting in Geneva, Wisconsin.

Pursuant to the association bylaws, eligible candidates for the underrepresented seat include members of the association with a status of, but not limited to, age, race, gender, ethnicity, sexual orientation, disability, geography, areas and types of practice, and years of practice.

The Illinois Supreme Court has issued Supreme Court Rule 296, which requires that trial courts not use restraints on individuals involved in Mental Health and Developmental Disabilities Code proceedings unless the court conducts a separate hearing on the record as to the necessity for restraints.

The new rule is effective immediately. 

Rule 296, proposed by the 24-member Special Supreme Court Advisory Committee for Justice and Mental Health Planning, was adopted to ensure that a dignified judicial process is maintained for the respectful treatment of persons in mental health cases who are subjects of the court proceedings. 

In light of the fact that email spoofers have been targeting bar associations across the country, the ISBA is warning members to be vigilant in checking the email addresses of the people sending them messages.

Email spoofing is the creation of email messages with a forged sender address. For this reason, emails may appear to be from someone within the ISBA, but will not have their correct email address in the "From" field.

Asked and Answered 

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the owner of a seven-lawyer insurance defense firm in downtown Chicago. Two of the lawyers are non-equity partners and four are associates. Currently I pay the associates a set salary and a performance bonus based upon annual billable hours over 1,800. Until last year, non-equity partners were paid in the same fashion, however non-equity partners received a few additional perks such as a firm credit card and a country club membership. Last year I changed the non-equity partner compensation system to focus on collected receipts rather than billable hours. Non-equity partners receive a salary and a performance bonus based upon working-attorney-collected-received above an established threshold and a delegation bonus.

By Sandra Crawford

Did you know…

1. McHenry County Bar Association (MCBA) in 2001 started training and supplying volunteers to mediate pro se cases in the small claims court. Since it was established “our program has been successful beyond our wildest dreams, has eliminated untold small claims trial hours, has provided training and experience to a number of aspiring mediators, and most importantly, has sent more than a thousand small claims litigants home feeling satisfied that they had been fairly treated by the court system,” says the program’s founding member and full-time mediator, H. Case Ellis of Crystal Lake.

The Illinois Supreme Court hosted "Law School for Legislators" on March 13, with all seven justices, leadership, and new members of the Illinois House of Representatives and Senate in attendance.  

The event, held at the Illinois Supreme Court Building in Springfield, was intended to familiarize the legislative branch with court operations and to foster dialogue of communication, cooperation, and coordination between the legislative and judicial branches. 

The Illinois Supreme Court announced the filing of lawyer disciplinary orders on March 19, 2019. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

The Illinois Rules of Professional Conduct apply to all attorneys, but how do they apply to estate planners and trust and estate practitioners specifically? Find out how easy it is to overlook ethical traps when designing estate plans, how select Illinois Supreme Court rules can affect estate planners and probate attorneys, and how the Rules, in general, govern this practice area with this live webcast on April 9. A discussion on the applicable case law and ethics opinions is also included.