For 25 years, the ISBA Agricultural Law Section has been providing top-notch and timely continuing legal education seminars for Illinois attorneys – and it’s that time again. Join us Feb. 1, 2019 in Bloomington for this full-day seminar that updates you on a number of important agricultural law issues. Learn how agriculture law affects other practice areas, including: real estate, trusts and estates, business advice, general practice, and state/federal tax. Attorneys with intermediate practice experience who attend this seminar will better understand: how the past year’s federal estate tax cases have impacted the agricultural community; how the 2018 federal and state income tax changes are affecting agricultural producers; which federal and state income tax changes to be concerned about in 2019; how your clients might be affected by the Clean Water Act and Endangered Species Act; the record-keeping requirements for agents, trustees, executors, and other fiduciary agents; how to negotiate and draft solar array options and easement agreements; and how to appeal an adverse wetlands determination.

Michael Alkaraki, an attorney at Leahy & Hoste, LLC, discusses how to handle a mediation.

Asked and Answered 

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

Q. Our firm is an eight-attorney firm in Cincinnati, Ohio. We have been together for 14 years. There are four partners and four associates in the firm. Over the years we have traditionally had a year-end attorney planning retreat with limited success. This year we have decided that we want to dedicate the entire time to developing a strategic plan for the firm. What can we do to ensure that our strategic plan leads to actual implementation?

Don’t miss the ISBA’s annual Federal Tax Conference on Feb. 1, 2019, in Chicago or via live webcast. The conference features a wealth of information and updates for tax lawyers, business law attorneys, and trusts and estates practitioners. Attorneys with basic practice experience who attend this conference will obtain a better understanding of: the Tax Cuts and Jobs Act, including changes affecting 2018 tax returns; the updates in corporate tax and partnership tax, including new code Section 199A; the new developments affecting non-profit organizations and tax exempt entities; the cases and rulings influencing estate and gift tax planning; the ethical issues for Illinois tax attorneys; recent tax scams and frauds; and the tax issues that can arise with Bitcoin and virtual currencies.

The Illinois Supreme Court has announced the appointments of nine Illinois judges.

The appointments are as follows:

A state’s legal standard for determining fault is a key factor in determining whether to file a motion to apply foreign law or a motion to dismiss under the doctrine of forum non conveniens. In December’s Illinois Bar Journal, Cameron Turner and Sean Phillips examine such choices regarding asbestos cases in Illinois. Illinois is a well-known epicenter of asbestos litigation, having earned a reputation for allowing cases unconnected to the state to proceed through its system. Onlookers and clients, particularly those new to asbestos litigation and unaware of its broader scope, often express disbelief and frustration at the legitimacy of such a system. Such reactions are fair, and related questions certainly are valid. Illinois does, after all, have statutes in place that allow for the transfer of cases to appropriate forums when any particular forum is improper or inconvenient. It also seems logical, on its face, to lessen the impact of sometimes-harsh Illinois law by looking to the law of a state with a stronger connection to the case when that state's law is more favorable. This rings true even if a defendant chooses to forgo pursuing a forum non conveniens argument.

The ISBA Springfield and Chicago offices will be closed for the holidays beginning at 3 p.m. Friday, Dec. 21. They will reopen Wednesday, Jan. 2, 2019. During this time, members can expect the following:

• E-Clips will not be delivered for the duration of this period.
• Illinois Lawyer Now will not be delivered on Thursday, Dec. 27.

All business and e-newsletter distribution will resume as usual on Jan. 2, 2019.

Cook County and the Circuit Court of Cook County have finalized the scheduled closing of two Chicago branch court locations at 155 W. 51st St. and 2452 W. Belmont Ave. 

The closures are slated to take effect after court concludes on Jan. 4, 2019.

The two branch court closings, which were finalized as part of the budget litigation settlement between the county and the court, will help the county avoid $9.2 million in repairs, renovations, and maintenance that would be necessary to keep the two buildings safe, operational, and compliant with the Americans with Disabilities Act.

The Illinois Supreme Court handed down two opinions on Thursday, Dec. 13. The court weighed in on whether section 13-217 of the Code of Civil Procedure applies to voluntarily withdrawn postconviction petitions in People v. Simms, and in Palm v. Holocker, demonstrated the principle that a party seeking review of a statutory construction ruling must bring to the court a case with facts that implicate the statute being construed.

Asked and Answered 

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

Q. I am a partner in a three-partner, five-attorney estate planning firm in Seattle. While we have a very active marketing program, we would like to do more. We try to do two presentations at seminars or workshops every month. We have a first-class website and a proactive SEO program, as well as an aggressive social media campaign. The firm is listed in all of the key directories. Our attorneys are active in the legal and local communities, have served in leadership positions for bar association committees, and have written extensively. While many of our clients come to the firm through referrals and past clients, we are noticing that we are receiving much more business from the internet. Recently, we have been discussing whether we should consider using a public relations firm. We would be grateful for any thoughts you may have.