Chief Justice Lloyd A. Karmeier and the Illinois Supreme Court have announced the appointment of Carbondale attorney and ISBA Board of Governors member Carey C. Gill as an at large Circuit Judge in the First Judicial Circuit. Ms. Gill was appointed to fill the vacancy created when Judge James R. Moore was elected to the Fifth District Appellate Court in the November 2016 general election.

The appointment of Ms. Gill takes effect on February 17, 2017, and will conclude on December 3, 2018, when the vacancy will be filled by the winner of the November 2018 general election.

"I am thankful to Chief Justice Karmeier and the Supreme Court for appointing me to the Circuit Court,” Ms. Gill said. “I am honored to have this opportunity and recognize the great responsibility to both the profession and the community associated with serving on the bench.”

Chief Justice Karmeier recommended the appointment to the full Court following a review of applicants by a six-person screening committee, which included the Hon. Stephen Spomer, retired Justice of the Illinois Appellate Court, Fifth District; Tambra Kay Cain, Esq., Johnson County State’s Attorney; the Hon. Terry Foster, retired judge and attorney at Kruger, Henry & Hunter in Metropolis; attorney Kara Lynn Jones of Feirich, Mager, Green & Ryan, Carbondale; attorney Michael Oshel of the Harrisburg law firm Oshel Law, P.C.; and attorney William F. Sherwood of Southern Illinois Healthcare.

ISBA President Vincent F. Cornelius made the following statement on behalf of the association about the executive order on immigration issued by President Trump last Friday.

This past weekend the attention of the nation was captured by the newly implemented immigration policy of President Donald J. Trump. The effects are playing out at airports around the country, including Chicago's O'Hare International Airport.

The State of Illinois and the city of Chicago are international hubs of business, travel and political influence, with vibrant and successful immigrant communities. Many Illinois lawyers provide important legal advice on immigration, and they and others in the Illinois legal community will be busy in the coming weeks helping immigrants, employers and other stakeholders to assess the impact of the President's executive order and to respond appropriately within the framework of the law.

At this pivotal moment in our nation's history, the Illinois State Bar Association will diligently monitor and assess developments and look for ways to play constructive roles in educating the public and convening the legal profession. At times like these, lawyers and the rule of law take on their greatest importance in our democracy. The ISBA will do its very best to meet the challenges and opportunities presented by the President's order.

Update your knowledge on a number of advanced workers’ compensation issues with this full-day seminar on February 20, 2017 in either Chicago and Fairview Heights. Labor and employment attorneys and workers’ compensation practitioners attending this seminar will better understand: how orthopedic injuries are diagnosed and treated in workers’ compensation claims; the 2016 Appellate Court decisions that have impacted workers’ compensation law; how to avoid ethical dilemmas in your practice; how to present effective arguments before the Illinois Workers’ Compensation Commission; American Medical Association evaluations and how they’re used in court; and claims of retaliatory discharge.

The program is presented by the ISBA Workers Compensation Law Section and qualifies for 5.50 hours MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

Palatine lawyer Kerry Lavelle offers best practices for attorney-client relationships. For more from Kerry, see his presentation at Solo & Small Firm Practice Institute in Moline on March 31.  

Justice John J. Stamos, who served as an Illinois Supreme Court Justice from 1988 to 1990, passed away on Saturday, January 28, in Northbrook. He was 92.

“On behalf of the Illinois Supreme Court, I would like to express my deepest condolences to the family, friends and former colleagues of Justice John J. Stamos," Chief Justice Lloyd A. Karmeier said. "Justice Stamos was an outstanding lawyer and judge who distinguished himself both on the appellate court and as a member of the Supreme Court of Illinois.

"Justice Stamos is perhaps best known as the author of In re Himmel,  125 Ill.2d 531(1989).  Decided in the wake of Operation Greylord, In re Himmel affirmed that all members of the Illinois bar are under an obligation to report lawyer misconduct or the misconduct of others directly observed in the practice of law or the administration of justice. The case has been cited hundreds of times in the legal literature and has had a profound and positive impact on how lawyers conduct themselves in Illinois and throughout the United States. The people of our State owe him a debt of gratitude for his unwavering commitment to the highest principles of justice. He will be missed."

Please save the date for the Illinois Bar Foundation’s Lawyers Rock presented by Meyers & Flowers on Thursday, March 16 at the Lincoln Hall in Chicago. Enjoy live music and lots of fun as lawyers rock out for justice. The proceeds of this event help the Illinois Bar Foundation ensure access to justice and support juvenile justice causes through the Foundation’s M. Denny Hassakis Fund. General Admission is $50 per person and includes food and two beer, wine or soda tickets, and VIP tickets are $100 per person and include food and beer, wine or soda throughout the evening. A limited quantity of reduced price YLD General Admission tickets are available for current ISBA YLD members.

The Illinois Supreme Court announced rule amendments today that make Illinois the first state to adopt so-called “proactive management-based regulation” (PMBR), a system designed to prevent ethical missteps by requiring lawyers without malpractice insurance to review their operations. For the text of the changes, see Amended Rule 756(e).  

Beginning in 2018, Illinois attorneys in private practice who do not have malpractice insurance must complete a four-hour interactive, online self-assessment regarding the operation of their law firm. This self-assessment will require lawyers to demonstrate that they have reviewed the operations of their firm based upon both lawyer ethics rules and best business practices. The program will be administered by the ARDC.

Following a lawyer’s self-assessment, the ARDC will provide him or her with a list of resources to address issues identified during the self-assessment process, according to a supreme court press release. All information gathered in a lawyer’s online self-assessment is confidential, although the ARDC may report data in the aggregate.

Lawyers who do not maintain malpractice insurance are required to complete a self-assessment every two years. Other lawyers are encouraged to self-assess. Lawyers who participate in the PMBR self-assessment will earn free MCLE credits.

Asked and Answered

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

Q. I am the owner of a personal injury plaintiff practice in downtown Chicago. I am the only attorney in the firm. I have two legal assistants. I am 66 years old and am starting to think about retirement and how to exit my practice. I would like to sell the practice to another law firm or practitioner. Does my practice have any value and can it even be sold?

Mediation is designed to resolve differences both in and out of the courts. It requires a very different mindset than courtroom litigation. This five-day Master Series program – which takes place in Chicago from February 13-17, 2017 – trains practitioners to resolve conflicts in a non-adversarial, non-confrontational manner, allowing peaceful resolutions between parties. The program is taught by Richard Calkins and Fred Lane—two nationally recognized mediators, authors and educators. Mr. Calkins and Mr. Lane have developed an approach that encourages the mediator to be a peacemaker, deemphasizing the antagonism involved in formal litigation. Their five-day course has considerable hands-on training and requires each participant to complete two full mediations as a mediator. Course topics include an introduction to mediation, caucus form of mediation, qualities of a peacemaker, ethical considerations, other Alternative Dispute Resolution mechanisms, advanced mediator techniques, and arbitration.

Mr. Calkins and Mr. Lane are co-authors of the “Lane & Calkins Mediation Practice Guide,” which is included as part of this program.

Click here for more information and to register.

Woodstock attorney Michael Cortina offers tips for documenting commercial construction loans.