ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Strict foreclosure of an omitted subordinate interest (Senate Bill 2730), Ticket quotas banned (Public Act 98-650), Expungement of juvenile records (Public Act 98-637), Victims’ rights (HJRCA 1), Procedures in lineup identifications (House Bill 802), Search warrants sought electronically (House Bill 4594), Unfitness issues in criminal cases (Senate Bill 2801) and Traffic offenses and appearance (Senate Bill 2583). More information on each bill is available below the video.

Q.  As a criminal defense attorney, do I have to give my client copies of the discovery?

A. Illinois Rule of Professional Conduct 1.4 imposes an ethical obligation on an attorney to maintain reasonable communication between an attorney and a client to keep the client informed and able to participate in representation. However, in People v. Davidson, 292 Ill. App. 3d 981, 686 N.E.2d 1231 (4^th Dist. 1997) the Court determined that the defendant has no Constitutional right to read discovery. For further discussion, see ISBA Professional Opinion 13-10. 

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Disclaimer.  These questions are representative of calls received on the ISBA’s ethics hotline.  The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed.  The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.

Richard D. Felice, a lawyer in private practice in Wheaton, was installed as president of the Illinois State Bar Association at the organization’s 138^th Annual Meeting on Friday, June 20 at the Grand Geneva Resort in Lake Geneva, Wis. View photo galleries from the Annual Reception and the Annual Installation Dinner.

During his year as president, Felice will place special emphasis on three projects. The first is the formation of a Task Force on the Impact of Law School Debt on the Future of the Profession to address the tremendous challenges facing new lawyers, including staggering law school debt and a stifling job market. The task force “will study in depth the concept of practice-ready new lawyers and consider constructive changes to law school curricula,” he said.  Second district appellate Justice Ann Jorgensen will chair the committee.

The second initiative is the formation of a Solo and Small Firm Practice Institute Series, offering educational programs to solo and small firm practitioners in five settings throughout the state. Working with other stakeholders in the practice of law, the institute will provide a variety of programming to help lawyers enhance their practices.

The Illinois State Bar Association will present several awards recognizing individuals for their commitment and service to the profession and their communities at an Awards Luncheon on Friday, June 20, at the organization’s 138^th Annual Meeting at the Grand Geneva Resort in Lake Geneva, Wis. Award recipients are:

ISBA President Paula H. Holderman says goodbye and looks back on her presidential year.

The Illinois Supreme Court announced Monday the assignment of Retired U.S. District Court Judge Michael McCuskey to fill a Circuit Court vacancy as Resident Circuit Judge of Marshall County in the 10th Judicial Circuit.

His appointment is effective July 3, 2014 and will terminate December 5, 2016, when the position will be filled by election. Judge McCuskey will fill the vacancy created by the announced retirement of Judge Kevin Galley, which is effective at midnight July 2.

Asked and Answered

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

Q. I am the founder and owner of a personal injury plaintiff practice located in Lexington, Ky. I have two associates and four support staff members. All of our cases are handled on a contingency fee basis and our swings in fee collections from year to year can be substantial. I am 64 and would like to transition my practice and retire within the next three years. Both of my associates would like to take over my practice. I believe I am entitled to compensation for my practice and am desiring a fair buyout. I would appreciate hearing your ideas concerning a buyout approach.