Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am a partner in an eight attorney firm in downtown Chicago. Last week you participated in a discussion at an Illinois State Bar Association meeting where you indicated that four out of 10 of your law firm clients have had an employee embezzlement at some time or another. I would appreciate any thoughts you may have on how we can protect ourselves.
Fourth Circuit Judge Ronald Spears (left) was honored at a retirement party Dec. 18 in Taylorville. Judge Spears retired after 22 years of service in Christian County. ISBA Past President J. Timothy Eaton (right), Judge Spears' law school roommate, spoke in his honor.
Cook County Associate Judge William Edward Gomolinski ruled Monday that the switch from 12-person juries to six-person juries in civil trials is unconstitutional. Gomolinski wrote that language in the 1970 state constitution means the status quo from that period must remain barring a constitutional amendment.
Former Gov. Pat Quinn signed a bill last December cutting the 12-person jury in half. The bill took effect in June.
The case is James Kakos, et. al. v. Jesse Butler, et al., 15 L 6691.
The First District Appellate Court has an opening for Assistant Legal Research Director. More information is available below and at http://www.illinoiscourts.gov/Employment/Appellate/2015/Legal_Research_Asst_Dir_1st.asp
Millions of Americans have criminal histories that can potentially disrupt job searches and future employment. As an attorney, it is your job to offer prompt, cost-effective guidance to your clients who need to have matters expunged from their record. Join us for this one-hour online seminar on January 27, 2016 that examines the different legal processes in Illinois for getting criminal records expunged for both adults and juveniles. Attorneys with basic to intermediate practice experience who attend this seminar will better understand: which hurdles can be expected in the expungement process; the type of convictions that cannot be expunged; the most effective ways to service clients who need to clear their criminal records; the differences between the adult and juvenile expungement process; and much more!
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Bowman v. Ottney and Board of Education of the City of Chicago v. Illinois Educational Labor Relations Board and the criminal cases People v. Hughes, People v. Burns and In re Michael D.
Note: The authors of the summaries and the staff of Illinois Lawyer Now wish to honor the memory of Hon. Jean Prendergast Rooney, who passed away on December 8, 2015, and was a valuable original member of this team before becoming Circuit Judge. She is greatly missed.
By Michael T. Reagan, Law Offices of Michael T. Reagan
When a judge has made a ruling on a substantial issue in a case, followed by a voluntary dismissal without prejudice pursuant to 735 ILCS 5/2-1009, a party may not move for substitution of judge when the subsequently refiled case is assigned to the judge who presided in the first case. In Bowman v. Ottney, the judge ruled on substantial issues, such as the scope of discovery. Thereafter, plaintiff voluntarily dismissed her complaint and timely refiled her action. The refiled case was assigned to the original judge, and plaintiff immediately moved for substitution of judge pursuant to 735 ILCS 5/2-1001. Defendant objected, asserting that plaintiff had “tested the waters” during the first case. The circuit court denied the substitution of judge but certified the issue under SCR 308.
Join the Fellows of the Illinois Bar Foundation on Thursday, January 28 for the Lake County Fellows Reception, honoring attorneys Deborah Goldberg and Bernard Wysocki for their leadership and dedication to the law. The proceeds from this event will help the Foundation further its mission to ensure meaningful access to the justice system, especially for those with limited means; assist lawyers who have fallen on hard times; and provide legal Fellowships to recent law school graduates.
The U.S. Department of Justice has an attorney vacancy in the criminal division of the Rock Island Office. Applications are being accepted through Dec. 31, 2015. Find out more at http://www.justice.gov/legal-careers/job/assistant-united-states-attorney-criminal-11
There is also an opening for a summer law student volunteer in the Executive Office for Immigration Review of the Chicago Immigration Court, 525 W. Van Buren. Applications must be received by Jan. 19. Find out more at http://www.justice.gov/legal-careers/job/law-student-volunteer-summer-116
By Jim Covington, Director of Legislative Affairs
It has been quiet in Springfield regarding the revenue side of the budget equation. But, at some point, a discussion about a service tax may reappear as part of an effort to address Illinois’ budget needs and solve the related deficit.
Gov. Rauner’s 2014 campaign advocated for a service tax that included a tax on legal services. This part of his plan accounted for one-quarter of the $577 million that was estimated to be generated by this tax. This is to address the estimated $8.5 billion in unpaid bills at the end of the calendar year.
So, the idea of taxing our clients isn’t going away, and we wanted to remind you of this issue. We’re linking to a recent joint study by the Taxpayers Federation of Illinois and the Center for Tax and Budget Accountability and an article in State Tax Notes. The joint study recommends against imposing a service tax on professional services (page 9) but does recommend an expansion of Illinois’ sales tax base. The article, entitled “Taxing Services is No Panacea” by Brian Hamer, former Illinois Director of Revenue, is a concise four-page discussion of the service tax issue.
Unsurprisingly, plenty of New Year's resolutions fail, and fail quickly. A study by John C. Norcross of the University of Scranton found that only 77 percent of resolution-makers were able to keep their promises "continuously for one week" - which means that 23 percent failed in the very first week.
But when we consider the high-flying nature of most New Year's resolutions, maybe those success rates aren't so bad. And there is, apparently, a bit of magic to making a New Year's resolution, as opposed to some other plan for change - only four percent of "non-resolvers" reported being able to make a change for six months.
Successful resolution-makers "think small" - both about the number of resolutions and the time necessary to accomplish them. Joseph Weintraub, founder and faculty director of the Babson Coaching for Leadership and Teamwork Program, recommends setting no more than three goals with a deadline of a year or less.
Goals should be attainable, but challenging enough to make them worth doing. For a Master Procrastinator, for example, a goal of "don't procrastinate" isn't realistic. But maybe he's pretty sure he can commit to a goal of having all briefs drafted one week before their due date, so he can review them with clients and colleagues and give his staff a reasonable amount of time to get them prepared and filed. Learn more resolution best practices from Karen Erger's column (clever and insightful per usual) in the December Illinois Bar Journal.