ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Statutes of limitation (House Bill 5512), Pregnancy and discrimination (House Bill 8), Power of attorney for health care (Senate Bill 3228), Dissolution of business entities (Senate Bill 1098) and Uniform Electronic Legal Material Act (Senate Bill 1941). More information on each bill is available below the video.

On May 29, and effective July 1, the Illinois Supreme Court amended Supreme Court Rules 201 and 214 to make discovery of electronically stored information, or ESI, more efficient. Among other things, the changes empower courts to deny ESI discovery requests that are too burdensome, and they remove the outdated (and often ignored) requirement that ESI be produced in print form.

Rule 201 as amended expressly discourages discovery requests that are “disproportionate in terms of burden or expense” and specifies that a “court may determine whether the likely burden or expense of the proposed discovery, including electronically stored information, outweighs the likely benefit”….The amendments also add a definition of ESI to the court’s discovery rules for the first time.

Rule 214 was revised to provide that “if a request does not specify a form for producing electronically stored information, a party must produce it in a form or forms in which it is ordinarily maintained or in a reasonably usable form or forms.” It also eliminates the requirement that ESI be “produce[d]…in printed form”….

Timothy Chorvat of Jenner & Block, chair of the ISBA’s Civil Practice and Procedure Section, said the amendments are “important and welcome reforms to the procedures governing discovery of ESI. Computer data makes up an ever-increasing proportion of the information that parties exchange in discovery, and the new rules will assist parties to effectively manage the production of electronically stored information while at the same time providing protections against disproportionate burdens and costs.”

Lori G. Levin, a Chicago criminal defense lawyer in private practice, will receive the 2014 Matthew Maloney Tradition of Excellence Award presented by the ISBA General Practice, Solo & Small Firm Section Council at the organization’s 138th Annual Meeting on Friday, June 20, at the Grand Geneva Resort in Lake Geneva, Wis.

For 23 years, Levin was a prosecutor in the Cook County State Attorney’s Office where she tried many felony and civil cases before juries. In 2003, she was appointed by the Governor and served six years as executive director of the Illinois Criminal Justice Information Authority, an agency dedicated to improving Illinois criminal justice. She also chaired the Illinois Integrated Justice Information Implementation Board and the Task Force to Update the Model Domestic Violence Protocol.

Within the ISBA, she has chaired two standing committees and been an officer on others. She is committed to continuing legal education for lawyers and is a sought-after educator and lecturer on topics that include criminal justice, juvenile justice, child visitation, elder rights and mental health issues. In addition, she was on the governing council of the American Jewish Congress.

In her nomination, Melissa Olivero, member of the ISBA Standing Committee on Women and the Law, wrote that Levin “sets the standard in delivering high quality legal services as a solo practitioner” and that she “embodies the very qualities of Matthew Maloney himself: professionalism, excellence and service.”

 

Q. I’m settling a case with plaintiff’s counsel in a matter that I know involves other potential claimants. Can I include a provision in the settlement agreement that precludes plaintiff’s counsel from soliciting, or representing, other claimants?

A. RPC 5.6(b) provides that a lawyer may not offer or make an agreement in which a restriction on the lawyer’s right to practice is part of the settlement of a client controversy. Comment [2] to that Rule clarifies that it “prohibits a lawyer from agreeing not to represent other persons in connection with settling a claim on behalf of a client.”

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.]

Asked and Answered

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

Q. I am the newly elected managing partner of 12 attorney business transactional firm in St. Louis. The firm is trying to implement a more disciplined approach to financial management. I have been charged with developing our first budget and I am having difficulties due to the overall structure of our general ledger. Our system was setup by our outside accountant and the expense accounts lump too many expenses into too few categories. Do you have any suggestions?

Mary F. Petruchius, of Sycamore, a private practice lawyer in Sycamore, will receive a 2014 Board of Governors Award from the Illinois State Bar Association (ISBA) at the organization’s 138th Annual Meeting on Friday, June 20, at the Grand Geneva Resort in Lake Geneva, Wis.

As the 2013-14 chair of the ISBA’s Standing Committee on Women and the Law, Petruchius is being recognized for her efforts to promote women as lawyers. Under her leadership, the ISBA presented or co-sponsored seven events, including a networking breakfast at Southern Illinois University School of Law; a “30 Female Blackstones” event at Winston & Strawn in Chicago, and two programs in March during Women’s History Month in both Chicago and at Northern Illinois University in DeKalb. The committee also co-sponsored a reception in the fall during a meeting of the National Association of Women Lawyers Foundation.

Pamela J. Kuzniar, a Deerfield resident and partner in the law firm of Kuzniar & Simons, P.C., with offices in Chicago and Waukegan will receive a 2014 Board of Governors Award from the Illinois State Bar Association (ISBA) at the organization’s 138th Annual Meeting on Friday, June 20, at the Grand Geneva Resort in Lake Geneva, Wis.

The award recognizes Kuzniar for her long-standing and exemplary contributions to the association and the legal profession.

For the past seven years, Kuzniar has been the volunteer coordinator of the Continuing Legal Education programs for the ISBA’s Family Law Section Council, one of the bar’s largest councils. She has taken the lead in selecting quality topics and speakers for each program. She also helped re-establish the ISBA’s “destination” CLE programs presented outside of Illinois.

This year, Kuzniar also played a crucial role in the analysis of proposed legislation that would significantly amend the Illinois Marriage and Dissolution Act. Under her guidance, the council provided an in-depth analysis and recommended positions regarding the legislation.

Marron A. Mahoney, of Chicago’s Wicker Park neighborhood, and Brian T. Monico, of Lake Forest, co-chairs of the Illinois State Bar Association’s Task Force on New Lawyers, will receive a 2014 Board of Governors Award from the Illinois State Bar Association (ISBA) at the organization’s 138th Annual Meeting on Friday, June 20, at the Grand Geneva Resort in Lake Geneva, Wis.

During the past year, Mahoney and Monico accepted the challenge from ISBA President Paula H. Holderman to address one of the most pressing issues facing young lawyers in the legal profession: staggering law school debt and reduced employment opportunities.

The Task Force developed a comprehensive report with concrete recommendations. They included the development of an ISBA microsite for new lawyers and a “speed mentoring” program for law student and veteran ISBA members.

The Illinois Supreme Court has announced the appointment of Associate Judge David L. Jeffrey as a Circuit Court Judge in the 15th Judicial Circuit. Judge Jeffrey was appointed to fill the Resident Circuit Court vacancy in Stephenson County created by the announced retirement of Judge Theresa L. Ursin effective August 31, 2014.