ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Presumptively Void Transfers in Probate Act (Senate Bill 1048), Condominiums and common-interest communities (House Bill 4204), Business Corporation Act of 1983 (Senate Bill 1098), Business Corporation Act of 1983 (Senate Bill 1099), Parenting time (House Bill 5425) and Parenting time (House Bill 4124). More information on each bill is available below.

ISBA members are invited to shop at Sam's Club on Saturday, April 12 from 10 a.m. to 6 p.m. No membership is required when you print out the free pass at www.isba.org/membermarketplace/samsclubcertificateforisbamembers Those who wish to join Sam's Club will receive a $25 gift card.

A recent Illinois Appellate Court ruling "strongly reaffirms the principle that corporations must be represented by lawyers at administrative hearings," says ISBA General Counsel Charles J. Northrup. In Stone Street Partners, LLC v. The City of Chicago Department of Administrative Hearings, 2014 IL App (1st) 123654, the court found that the hearings "involve the admission of evidence and examination and cross-examination of sworn witnesses -- all of which clearly constitute the practice of law," in the words of majority-opinion author Justice Mathias Delort.

Northrup noted the broad sweep of the ruling. "The opinion is significant not only because of its discussion of what constitutes the practice of law, but also because (1) it narrowly interprets the 2012 Illinois Supreme Court decision in Downtown Disposal (finding in a 4-3 decision that an administrative review complaint filed by a nonlawyer was not a complete nullity); and (2) calls into question the validity of any statute or rule that grants a nonlawyer the authority to represent a corporation in an administrative hearing as a usurpation of the supreme court’s authority to administer and regulate the practice of law."

For summaries of and links to this and other cases and more UPL news, visit the online home of the ISBA Task Force on Unauthorized Practice of Law.

Asked and Answered

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

Q. I am the managing partner of a 17 attorney law firm located in Rockford. While we have an active business law practice representing small companies we are planning on beginning to work more with entrepreneurial and startup companies. How can we go about finding and identifying these companies earlier in their development - possibly even before they have actually launched their businesses?

Q. Can I represent a client in a matter after I first met with the opposing party about representing her in the same matter but was not hired?

A. Illinois Rule of Professional Conduct 1.18(c) prohibits a lawyer from representing a client with interests materially adverse to a prospective client in the same or a substantially related matter if the lawyer received information that could be significantly harmful to that person in that matter unless the conditions of 1.18(d) are met. This rule only applies to individuals who are genuinely seeking legal representation, not those who may be attempting to disqualify a lawyer. For a further discussion of this issue, see ISBA Professional Advisory Opinion 12-18.

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.

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 March 2014, ISBA helped people in need of legal services find lawyers in the following areas:

Here are the results for March 2014:

Within the next decade, the aging population will explode due to the wave of baby boomers reaching retirement age, making it imperative that attorneys be prepared to assist and counsel both the elderly client and their children. Don’t miss this first annual elder law bootcamp in Chicago on April 24-25^th that offers you the guidance and information you need to effectively represent an aging client! Attorneys with all levels of practice experience who attend this two-day seminar will gain a better understanding of: how to communicate with clients of diminished capacity; how to handle the cognitively impaired attorney; the new Elder Justice Center in Cook County; the alternatives to guardianship; wills vs. trusts; estate planning for families with a special needs member; guardianship litigation; grandparents raising grandchildren; important case law and statutory developments; preventing and prosecuting financial exploitation against elders; Long Term Care and the costs associated with it; and much more!

The program qualifies for 13.25 hours MCLE credit, including 2.5 hours Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

Brian F. Telander was sworn in as Circuit Court Judge for the 18th Judicial Circuit Court in Wheaton on Friday by Justice Robert R. Thomas of the Illinois Supreme Court.

Telander received his J.D. from the John Marshall Law School in 1976 and was admitted to practice that same year. He was a partner in the law firm of Telander and Telander from 1991-2014, specializing in criminal law. . He served as an associate judge in the 18th Circuit Court from 1988-1991.

The ISBA Young Lawyers will host the annual Soiree on April 25 at the Hard Rock Hotel Chicago. The evening will include an Open Bar, Hors d'oeuvres, Dancing, Casino Games, and Raffle. Proceeds benefit the YLD Children's Assistance Fund.

WHEN: Friday, April 25, 2014, 8–11 p.m.

WHERE: Hard Rock Hotel, 230 N. Michigan Avenue, Chicago

WHAT: Event will include open bar, hors d’ oeuvres, dancing, and raffle.  This year the Soiree will also feature blackjack, craps, and roulette casino games for guests to enjoy.  Cocktail/Semi-formal attire preferred.

In a recent ruling that inspired a strongly worded dissent, the Illinois Supreme Court held that police did not violate a suspect's Fourth Amendment rights by searching a small piece of luggage by his side after he was arrested and handcuffed on a civil warrant for failure to pay child support. Find out what search-and-seizure scholars say about the ruling in the April Illinois Bar Journal.