Circuit Court Sanctions Nonlawyer for UPL - ARDC v. Cummins

Posted on October 28, 2016 by Hon. Douglas Knapp

In this Agreed Final Order, Ms. Michelle Cummins was found guilty of minor indirect criminal contempt for engaging in the unauthorized practice of law by accepting a position as a licensed lawyer with a corporate employer. Ms. Cummins was ordered to pay $500 in court costs and sentenced to one year of non-reporting probation. ARDC v. Cummins, Cook County No. 16 MC1-600160 (October 28, 2016).

IBF Gala remarks by Illinois Bar Foundation President Elizabeth Kaveny

Posted on October 28, 2016 by Morgan Yingst

Elizabeth KavenyThe following is a transcript from a speech given by Elizabeth Kaveny, President of the Illinois Bar Foundation, during their 18th Annual Gala on October 14, 2016 at the Four Seasons in Chicago.

Good Evening. For those of you that I have not had the chance to meet yet this evening, my name is Elizabeth Kaveny. It is really my honor and fortune to serve as the President of the Board of the Illinois Bar Foundation this year and to welcome all of you to this year’s Gala. What a beautiful night it is.

In 1972, a young man was buried in an unmarked grave in Missouri. His own attorney later added a tombstone which read simply:

“Each era finds an improvement in the law for the benefit of mankind.”

Illinois Supreme Court appoints Marion attorney to fill resident circuit judge vacancy in 1st Judicial Circuit

Posted on October 27, 2016 by Morgan Yingst

John W. SandersChief Justice Lloyd A. Karmeier and the Illinois Supreme Court have announced the appointment of Marion attorney John W. Sanders as the Resident Circuit Judge of Williamson County in the First Judicial Circuit.

Mr. Sanders was appointed Thursday to fill the vacancy created by the upcoming retirement of resident Circuit Judge Carolyn Smoot, effective November 30, 2016.

The appointment of Mr. Sanders takes effect on December 1, 2016, and will conclude on December 3, 2018, when the vacancy will be filled by the winner of the November 2018 general election.

"I'm honored that Chief Justice Karmeier and the Supreme Court have the confidence in me to serve as a Circuit Judge," Sanders said. "I've had the pleasure to represent clients throughout Southern Illinois for the past 28 years. I now look forward to working with the other judges to serve the people of Williamson County and the First Judicial Circuit."

CLE: Motion Practice from Pretrial through Post Trial - Fall 2016

Posted on October 27, 2016 by Morgan Yingst

Back by popular demand! Lawsuits are often lost or won based on motion practice…so don’t miss this seminar November 11, 2016 that reviews motion practice from the initial filing of the lawsuit through post-trial motions. Attorneys involved in litigation and trial practice with intermediate to advanced levels of experience who attend this seminar will better understand: how to file a motion for change of venue and forum non conveniens; motions to dismiss and summary judgment motions; motions to obtain and preserve evidence, including electronic data; the strategic use of motions in limine before the trial; the requirements for requesting/defending temporary restraining orders and injunctive relief; the post-trial motions appellate issues that counsel wishes you knew; and the recent ethical issues that have confronted the legal profession. The program is available onsite in Chicago or via live webcast.

Are you getting file retention right?

Posted on October 26, 2016 by Mark S. Mathewson

How long should you keep client files after the case or matter is wrapped up? How should you store them while you have them? What parts of files should you give to clients and when? The answers to these questions are not entirely set in stone, although Illinois Supreme Court rules and ISBA ethics opinions provide many.

ISBA general counsel Charles Northrup refers attorneys and firms with uncertainties to ISBA ethics opinions 12-06 for answers to the first two questions and both 94-13 and 94-14 for guidance on sending materials to clients. "Most requirements with respect to file retention are pretty straightforward," he says.

Before getting down to brass tacks, Paul Unger, partner at Affinity Consulting, makes a couple of interrelated "gut-level" points that could apply to just about any attorney - with a simple bottom line. "The best defense to any type of malpractice claim is the file," he says. "To have the file is generally a good thing."

And while the cost of file storage and the voluminous space required traditionally has been the counterweight to keeping all files for an unlimited period, that calculus is changing rapidly because of electronic storage, Unger says. "Because the cost is so minimal, my advice is unless you really want [the file] to be gone, there's no reason to destroy it," he says.

Best Practice: Law Firm Management - Excessive Collaboration

Posted on October 26, 2016 by Morgan Yingst

Asked and Answered

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

Q. I am a partner in a twelve attorney general practice firm in Upstate New York. There are eight partners and four associates in the firm. Our firm was formed five years ago when we broke off from another firm in the area. That firm was led and managed by a dictatorial founder and other attorneys in the firm including partners had no say in management matters whatsoever. When we formed this firm we decided that all attorneys including associates would be included in the decision-making process. All management decisions must be passed by all attorneys in the firm. When we were smaller this worked okay but now that we are larger we are having problems. I would appreciate your thoughts on the matter.

Justice Lloyd A. Karmeier to be installed as Chief Justice of the Illinois Supreme Court

Posted on October 25, 2016 by Morgan Yingst

The elevation of Justice Lloyd A. Karmeier to become Chief Justice of the Illinois Supreme Court will be marked by an installation ceremony Monday, October 31, at the Illinois Supreme Court in Springfield.

Justice Karmeier will become the 120th Chief Justice of the Illinois Supreme Court.

“I appreciate the confidence shown by the other members of the court in electing me to this position,” Chief Justice Karmeier said. “Since joining the court in 2004, I have had the privilege of serving under five different chief justices, all of whom have done an outstanding job. I will do my very best to live up to the high standard they have set.”

Jacobs New 18th Judicial Circuit Associate Judge

Posted on October 25, 2016 by Morgan Yingst

Chief Circuit Judge Kathryn E. Creswell is pleased to announce that following a tabulation of ballots by the Administrative Office of the Illinois Courts in Springfield, the Circuit Judges of the Eighteenth Judicial Court, DuPage County, Illinois have appointed Brian W. Jacobs to the position of Associate Judge.
Mr. Jacobs fills the vacancy created by the appointment of Associate Judge Karen M. Wilson to Circuit Judge.

Winnebago County Public Defender position open

Posted on October 24, 2016 by Morgan Yingst

The Seventeenth Judicial Circuit Court is accepting applications for the position of Winnebago County Public Defender. This position shall become vacant upon the retirement of the current Public Defender on December 31, 2016.


SUMMARY OF RESPONSIBILITIES:
The duties of the Public Defender are established by statute, (55 ILCS 5/3-4006). The Winnebago County Public Defender’s Office is appointed by the Court to represent indigent clients in felony, misdemeanor, traffic, juvenile delinquency and juvenile abuse / neglect cases. The Office is also involved in representation of adults and juveniles in connection with the Winnebago County Problem-Solving Courts.