On June 1, 2015, civil juries will change in size from 12 members to six. The change in jury size, mandated by Pub. Act 98-1132, has led to two interesting discussions - whether a six-person jury requires new litigation strategies and whether the change in jury size is constitutional.

"We've had a 12-person jury going back to 1818, when Illinois was admitted to the Union," says Robert T. Park of Moline. Article I, Section 13 of the Illinois State Constitution states that "the right of trial by jury as heretofore enjoyed shall remain inviolate." Park wonders whether cutting jury sizes in half after almost 200 years "harms or changes" the right to trial by jury.

But Chicago personal injury lawyer Joseph A. Power says that the Illinois Supreme Court's decision in Wright v. Central Du Page Hospital Ass'n found that as long as the essentials of a right to trial by jury are not undermined, legislators can shape the contours. Find out more from Matthew Hector's article in the March Illinois Bar Journal.

The Illinois Supreme Court has announced dates for oral arguments for the March Term of Court, including the case of In re Pension Reform Litigation (Doris Heaton, et al. appellees v. Pat Quinn, Governor of Illinois, et al., appellants).

The Supreme Court will hear arguments for that case beginning at 2:30 p.m. on Wednesday, March 11, 2015 in the Supreme Court Courtroom in Springfield. Advanced Digital Media/Blueroomstream will live internet stream and serve as the pool camera for the oral argument.

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced Tuesday that the Twelfth Judicial Circuit judges voted to select Arkadiusz Z. Smigielski as an associate judge of the Twelfth Judicial Circuit.

Mr. Smigielski received his undergraduate degree in 1985 from DePaul University in Chicago, and his Juris Doctor in 1988 from IIT Chicago-Kent College of Law in Chicago. Mr. Smigielski is currently affiliated with the Law Offices of Smigielski & Wrobel in Homer Glen.

The Law Enforcement Award was created to recognize sworn law enforcement officers for conduct that promotes justice and to distinguish those individuals whose service to the public brings honor and respect to the entire criminal justice system. The award is given sparingly to recognize those who truly excel in the field of law enforcement. Nominations must be received by Friday, March 6, 2015.

Find out more and download the nomination form at www.isba.org/awards/lawenforcement

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers IMDMA Rewrite (Senate Bill 57), The Uniform Interstate Depositions and Discovery Act (Senate Bill 45) and Interest on judgments (Senate Bill 1248). More information on each bill is available below the video.

Urbana attorney Richard L. Thies was presented the prestigious “Lincoln the Lawyer” Award by The Abraham Lincoln Association (ALA) during the organization's annual Lincoln's Birthday Banquet February 12 in Springfield. Thies is just the eleventh person to receive the award, which recognizes individuals who reflect the character and ideals of Abraham Lincoln in their legal careers.

“For more than half a century, Richard Thies has served the interests of his clients with skill and integrity, has worked enthusiastically in support of countless civic and charitable organizations, and has provided leadership to the legal profession,” said ALA Board Member Thomas Johnson, who nominated Thies for the award. “Richard is an unfailing, unflinching exemplar of civic virtue and personal honor who is, in Vachel Lindsay's words, 'Lincoln hearted' – Lincoln hearted in every good way.”

Q. Can a lawyer who is “of counsel” to a firm continue to have her name appear in the firm’s title? 

A. Illinois Rule of Professional Conduct 7.5 governs firm names and letterhead and generally provides that they cannot be false or misleading to the public. ISBA Professional Conduct Advisory Opinion 03-02 interprets RPC 7.5 as allowing the names of “of counsel” firm members to be in the firm title (but also provides that their official status must be identified on other firm communications, such as stationery, to avoid misleading the public). 

Asked and Answered

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

Q. I am a partner in a 12 attorney general business firm located in St. Louis. I was elected as managing partner earlier this year and have been a lawyer and with this firm for eight years. I also have a MBA degree and managed a small business before becoming a lawyer. Frankly, I have been amazed at how law firms conduct business and I would like to change our thinking and our culture. Do you have any thoughts?

A. Here are five tips that you might find useful:

Visit with general counsel of four leading Chicago construction firms. Hear firsthand what they expect from their attorneys. Find out from the clients who hire you how you can best serve them. Also, discover what they look for in construction attorneys to do work for their companies.

• When: Tuesday, March 10, 2015, 11:30 a.m.-1 p.m.
• Where: ISBA Chicago Office, 20 S. Clark, Suite 900
• Register: https://www.isba.org/sections/construction/generalcouncilforum

The Illinois Bar Foundation will honor Christine M. Ory and Joseph Mirabella, Jr. with the Beacon of the Profession Award on Feb. 26 at the DuPage County Fellows Reception. This event will be held from 5:30-7 p.m. at Maggiano's Little Italy in Naperville.

General tickets to the reception are $55 a piece. Preferred tickets at $100 are available, and include special recognition during the formal program. Sponsorships are also available.

Find out more and purchase tickets at www.illinoisbarfoundation.org/static.asp?path=4510