Illinois Supreme Court expands reimbursable client loss

Posted on February 9, 2015 by Chris Bonjean

As part of its continuing effort to promote public confidence in the administration of justice, the Illinois Supreme Court has announced that a client whose case is not completed due to the death or disability of his or her attorney, and who has made reasonable efforts to pursue civil remedies, is now eligible to apply for reimbursement of unearned fees paid to the attorney.

When adopted in 1994, Supreme Court Rule 780 created a Client Protection Program (CPP) Trust Fund to reimburse certain losses incurred by clients of Illinois lawyers. The rule was created to provide a mechanism for a client to obtain reimbursement if the attorney engaged in dishonest conduct causing the client financial loss. The fund is administered by the Illinois Attorney and Registration Commission (ARDC).

According to Supreme Court Chief Justice Rita B. Garman, “The Court recognizes that a client may also incur such a loss when the attorney dies or becomes disabled during the representation. By amending this rule, we signal to the public that we are equally concerned about the client who suffers a financial loss due to events outside the attorney’s control, such as death or disability.”

The amendment is effective immediately. Claimants may apply for reimbursement through the CPP. More information on submitting a claim is available at: https://www.iardc.org/clientprotection.html.

ISBA Construction Law Section to host General Counsel Forum

Posted on February 9, 2015 by Chris Bonjean

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.

Illinois Lawyer Finder makes over 900 referrals in January

Posted on February 6, 2015 by Chris Bonjean

The Illinois State Bar Association’s Lawyer Finder Service provides referrals to local lawyers Mondays through Fridays. The Service makes referrals in a number of areas of law. For the month of January 2015, ISBA helped people in need of legal services find lawyers in the following areas:

Here are the results for January 2015:

  • 933 phone referrals made by Lawyer Finder staff
  • Most requested areas of law: Family (181), Civil Disputes (108), Real Estate (116), Employment Law (104), Government Benefits (63), Criminal Law (51), Personal Injury (46), Estate/Probate Law (46) and Civil Rights (35).
  • 18,953 visits to IllinoisLawyerFinder.com (16,943 unique visitors)

Want to be part of the ISBA Lawyer Finder Service? Call (800) 252-8908 and ask for the Legal Department, or visit www.illinoislawyerfinder.com

Clients should call (800) 922-8757.

Hayes named associate judge in DuPage County

Posted on February 6, 2015 by Chris Bonjean

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced Friday that the Eighteenth Judicial Circuit judges voted to select Anne T. Hayes as an associate judge of the Eighteenth Judicial Circuit.

Ms. Hayes received her undergraduate degree in 1996 from the University of Notre Dame in South Bend, Indiana, and her Juris Doctor in 2004 from Loyola University in Chicago, Illinois. Ms. Hayes is currently affiliated with the DuPage County State's Attorney's Office in Wheaton, Illinois.

ISBA Statehouse Review for the week of February 5, 2015

Posted on February 5, 2015 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Trades and proof of insurance (House Bill 201), Open Meetings Act (House Bill 1323), Mortgage Foreclosure (Senate Bill 735), The Probate Act of 1975 (House Bill 1332) and Governor Rauner’s State of the State Address. More information on each bill is available below the video.

Can debtors discharge divorce-based attorneys’ fees in bankruptcy?

Posted on February 5, 2015 by Mark S. Mathewson

"Has anyone filed an objection to a Chapter 7 bankruptcy where the movant is trying to discharge attorneys' fees in pursuing college expenses?" That's the question Chicago lawyer Modupe Sobo posed recently on the ISBA's family law discussion group.

The wisdom from the exchange that followed: in a Chapter 7 proceeding, debtors can't discharge divorce-based attorneys' fees in bankruptcy; in Chapter 13, maybe they can, depending on how the court classifies the debt.

"The real distinction lies in the type of bankruptcy the debtor files," wrote Rebecca Reinhardt of Mt. Vernon in an answer that was updated and published in the February Illinois Bar Journal. Under Chapter 7, attorneys' fees incurred to recover college expenses in connection with a domestic support obligation would be nondischargeable, she says. Read her detailed response and find out more.