This is the first luncheon in a three-part luncheon series aimed at teaching law students and young attorneys practical steps in developing their legal careers. Each luncheon will feature esteemed panelists discussing a variety of topics, while also taking questions from the audience. The first luncheon program will feature two panelists with financial planning backgrounds discussing investing in your future while also paying off your student loans. The registration deadline is Wednesday, Sept. 25.

Make a charitable donation to Chicago Law and Education Foundation (CLEF) and your gift may be doubled.

CLEF operates legal clinics in several Chicago Public High Schools and has gained national attention for its endeavors. CLEF has been funded by the Illinois Bar Foundation for several years and it can benefit from the generous support of the legal community.

Any new or increased donation to CLEF made on or before Sept. 30 will earn a dollar-for-dollar match from the Illinois Bar Foundation – up to the first $5,000 donated. Help grow and stabilize the funding for one of Chicago’s most unique legal services organizations.

Please consider making a donation today and earn a match from the Illinois Bar Foundation. Donate now at www.lawclef.org.

Join us in Normal on Oct. 17 to update your knowledge on the recently-enacted real estate-related legislation and current case law that will impact your practice! It is important that attorneys working in the real estate arena keep abreast of the ongoing changes and developments taking place in this important field of practice. Real estate lawyers, transactional attorneys, and commercial banking/bankruptcy practitioners – with basic to intermediate practice experience – attending this program will better understand: the real estate issues that can arise during the dissolution of a marriage; the economic development incentives being offered by municipalities throughout Illinois; how the landmark Cypress Creek case has affected lien disputes; important tax issues that can affect real estate transactions; the ethical and malpractice issues to consider when representing a client during a real estate case; and much more!

The program is presented by the ISBA Real Estate Law Section and qualifies for 6.0 hours MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

The Illinois Supreme Court will hold a memorial service in honor of the late Justice Moses W. Harrison II. Tributes will be given by Chief Justice Thomas L. Kilbride; Steve Miller, senior law clerk to Justice Lloyd A. Karmeier; Paula H. Holderman, president of the Illinois State Bar Association; and Leonard Amari from the Justinian Society of Lawyers.

WHAT: Memorial Service honoring the late Justice Moses W. Harrison II
WHEN: Tuesday, September 24, 2013 – 1:30 p.m.
WHERE: Former Supreme Court Chambers, State Capitol Building, Room 212, Springfield

Justice Harrison was born in Collinsville and educated in Collinsville public schools. He received his undergraduate degree from Colorado College and his law degree from Washington University School of Law in St. Louis in 1958. After the private practice of law, he was appointed as a circuit judge in 1973 by the Illinois Supreme Court and was elected in 1974 to that position. At the time of his appointment, he was senior partner of the law firm of Harrison, Rarick and Cadagin in Collinsville.

In 1979, Justice Harrison was appointed to the Illinois Appellate Court in the Fifth Judicial District. He was elected in 1980 to that position and was retained by voters in 1990.

Justice Harrison was elected to the Supreme Court in 1992. He served as Chief Justice from January 2000 until his retirement in September 2002.

The Board of Governors is pleased to announce the 2013 Class will be honored at a special luncheon on Thursday, November 14, 2013 at the Union League Club of Chicago. A reception will begin at 11:15 a.m., and lunch is scheduled promptly at noon. Tickets to the luncheon are available and may be purchased online at www.isba.org/distinguishedcounsellorsluncheon. Any questions regarding the luncheon may be directed to Kim Weaver at kweaver@isba.org.

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the criminal cases People v. Johnson and In re Shelby R.

People v. Johnson

By Kerry J. Bryson, Office of the State Appellate Defender

At issue was whether Section 4-2002.1(a) of the Counties Code allows for imposition of a $50 State’s Attorney fee for hearing a 2-1401 petition. The statute refers only to imposition of the fee for habeas corpus proceedings.

The Court rejected the argument that “habeas corpus” was meant to refer, generically, to any collateral proceedings, noting that habeas corpus has a specific meaning. Considering the plain language of the statute as the best indication of legislative intent, the Court concluded that the reference to “habeas corpus” was meant to encompass the various types of habeas corpus proceedings (e.g., habeas corpus ad prosequendum, habeas corpus ad respondendum, habeas corpus ad testificandum), and nothing more. Inclusion of any other collateral proceedings would have to come from the
legislature.

While this decision is not particularly broad-reaching, it does demonstrate the Court’s adherence to long-standing principles of statutory construction, beginning with looking first to the plain language of the statute.  Where the plain language is clear, the Court will go no further in interpreting a statute’s meaning.

The Illinois Supreme Court Rules Committee is seeking comment on deferred provisions of a Supreme Court rule excluding minor's names and birth dates in civil case filings. The Committee will also consider comments to improve the efficiency of rule procedures designed to keep personal identity information out of the public file.

In addition, the Committee will review a proposal that requires a party or attorney filing documents in civil cases to provide an email address at which documents may be served.

These proposals will be aired at a public hearing of the Supreme Court Rules Committee on Friday, October 4, 2013 at 10 a.m. in Chicago. Brett K. Gorman, an attorney with Schmiedeskamp Robertson Neu & Mitchell in Quincy, is chair of the Committee.

Back in February, Steven E. Siebers and Emily Scheuring Jones wrote about Cain v. Hamer, a taxpayer friendly Illinois Appellate Court ruling. Cain effectively allowed snowbirds who spend time down south to continue to own their Illinois homes while being treated as nonresidents for Illinois income tax purposes. (A nonresident pays no Illinois tax on income from non-Illinois sources.)

Well, the Illinois Department of Revenue was not amused. In the August ISBA Trusts and Estates newsletter, Siebers and Jones report that in response to Cain, the IDR changed its regs to make it tougher for Illinoisans to qualify as nonresidents. Here's what the new regs provide:

Are you a trust and estate professional, new attorney, financial planner, or accountant? Then don’t miss this hot topic discussion on a variety of estate planning issues in Chicago on October 10^th! Designed for attorneys with all levels of practice experience, the seminar examines practical developments for estate planning practitioners and enhances your knowledge in a number of key areas, including: the recent changes in Federal and Illinois estate planning law; the ins and outs for irrevocable life insurance trusts; planning for disability; how to use available domestic and extra-jurisdictional vehicles to mitigate threats to your client’s wealth; the charitable planning choices and the rules for each type of gift; and same-sex planning. Can’t attend the live seminar in Chicago? Then join us via the web….this program is being broadcast as a live webcast via the Internet so attorneys can attend remotely! Click here for more information.

The program is presented by the ISBA Trusts & Estates Section and qualifies for 6.0 hours MCLE credit.

Click here for more information and to register for the live program.

Asked and Answered

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

Q. We are a 12-attorney firm in Houston with three equity partners and nine associates. Several of our associates have been with the firm for over 10 years. My partners and I are all in our early 60s and are beginning to think about succession and retirement. If possible, we would like to keep the firm within the family and not go the merger route. What are your thoughts concerning two-tier partnership structures (equity and non-equity partnership)? Should we consider bringing associates in first into a non-equity tier?

A. I believe that a non-equity tier gives a firm a way to give associates the professional recognition and status of being a partner without conveying actual ownership and diluting ownership and control. Often a key differentiating factor between equity and non-equity partnership is client origination. Partners that don't originate a sizeable book of business often don't make it to the equity tier. For very small firms a non-equity often does not make sense - for others it often does. If you believe, as I do, that equity partners should be client originators and if you currently have a mix of client originator and non-client originator associates with 10 years or more time with the firm you may want to consider a two-tier structure. You should carefully define, and put in writing, admission criteria for each tier.

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