Join us in Springfield on September 17^th as we separate fact from fiction on the issue of fracking in Illinois with this informative full-day seminar! Hydraulic fracturing, commonly referred to as fracking, is a hot topic issue in Illinois – especially with the Hydraulic Fracturing Regulatory Act now in place in Illinois. In order to better represent clients dealing with fracking issues, Illinois attorneys need to learn how and where fracking works, the new state law, and the status of federal and state regulations. Attorneys who attend this full-day seminar will learn: the geology of the Illinois Basin and the New Albany Shale in southern Illinois; how horizontal drilling and fracking technology has enabled increased development of Illinois’ energy resources; the requirements of Illinois’ Hydraulic Fracturing Regulatory Act; the roles of the Illinois Department of Natural Resources, the Illinois Environmental Protection Agency, and the U.S. Environmental Protection Agency; the environmental issues associated with fracking, including resource water management, groundwater, disposal, and air emissions; local interests, including real estate and agricultural law issues; risk management and insurance coverage; and much more!

The seminar – which qualifies for 7.0 hours MCLE credit – is presented by the ISBA Environmental Law Section, and co-sponsored by the ISBA Agricultural Law Section, ISBA Real Estate Law Section, and ISBA General Practice, Solo and Small Firm Section.

ISBA President Paula H. Holderman discusses the Law and Leadership Institute with Andy Fox, Co-Chair of the ISBA Diversity Pipeline Committee. The Law and Leadership Institute kicked off its Chicago program on Monday at the John Marshall Law School. The Chicago program continues through Aug. 9. The downstate program took place from June 23-29 at the Southern Illinois University School of Law in Carbondale.

Find out more at www.isba.org/lawandleadershipprogram

Now get the ISBA's must-have Family Law Handbook and our Illinois Domestic Relations Statutes together at 20% off the list price! The Family Law Handbook, comprehensively updated in 2011, covers nearly everything general practitioners and others who handle family law matters need to know. And the Domestic Relations Statutes book (2013 edition, current through December 2012) is an easy-to-carry compendium of key family law statutes that no domestic relations lawyer should be without.

This is a limited-time offer, so order today at http://www.isba.org/store/books/familylawcombo

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced Thursday that Matthew J. Maurer, received a majority of the votes cast by the circuit judges in the Seventh Judicial Circuit and is declared to be appointed to the office of associate judge.

Mr. Maurer received his undergraduate degree in 1984 from Sangamon State University, in
Springfield and his Juris Doctor in 1987 from the University of Illinois in Urbana. He recently served as First Assistant State's Attorney in Sangamon County.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Fraudulent real estate documents (Public Act 98-99), Income withholding notice (Public Act 99-81) and Complete rewrite of the Illinois Marriage and Dissolution of Marriage Act (House Bill 1452). More information on each bill is available below the video.

Fraudulent real estate documents. Public Act 98-99 (Lang, D-Chicago; Silverstein, D-Chicago) allows a recorder of deeds to establish and use a “Fraud Referral and Review Process” for deeds and instruments that the recorder reasonably believes are fraudulent, unlawfully altered, or intended to unlawfully cloud or transfer the title of any real property. If the recorder reasonably believes the document is fraudulent, the recorder may refer the instrument to a county administrative law judge for review. If the ALJ finds by clear and convincing evidence that the document is fraudulent, the ALJ must issue a judgment to that effect with a notation that the fraudulent document may not affect the chain of title of the property in any way. Effective July 19, 2013.

Income withholding notice. Public Act 99-81 (McGuire, D-Joliet; Mell; D-Chicago) deletes the current requirement that these notices must contain the date that withholding for current support terminates. Effective July 15, 2013.

The U.S. Supreme Court's Windsor (DOMA) and Hollingsworth (Prop 8) cases made big national news, but what do they mean for a civil-union state like Illinois? That's the question Charles F. Newlin considers in the latest ISBA Trusts and Estates newsletter.

The short answer? '[N]either of these monumental decisions has any immediate, significant effect on Illinois residents," Newlin writes. But they're still worth taking into account, he advises estate planners. "In the future, civil unions may qualify for certain federal benefits depending upon how various agencies decide to apply the law to civil unions and domestic partnerships in light of Windsor," he writes. And it's "unclear how Windsor will affect gay couples who married in a state that permits same-sex marriage and have since moved to Illinois." Read his analysis.

Asked and Answered

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

Q. I am the founder and solo owner of a small firm in Memphis. Besides myself there is one non-equity partner and four associates. We handle the transactional and litigation work for small and large business concerns in the Memphis area. I am 60 now and would like to begin slowing down over the next five years, but I I don't want to retire completely. Over the past few years I have focused more on client development as opposed to serving clients and have turned over much of the client service work over to other attorneys in the firm. While I would like to receive some compensation from my sweat equity - I also do not want to place an unreasonable financial burden (large cash buy-in/buy-out) on others in the firm. Legacy of the firm is important as is a place to continue to work and contribute - so I really would like to transition the firm internally to deserving attorneys employed by the firm. What are your suggestions concerning how I might accomplish this?

A. I often ask attorneys - are you more a lawyer that wants to lawyer or a business person that enjoys and wants to focus on the business of law. It sounds like you, as you approach retirement, would like to spend more of your time "finding" rather than "minding" or "grinding". You might want to consider the following:

1. Get a feel for the value of your firm. If you have been taking home say $400,000 per year - using that as a starting point for your rough value figure if you were to sell your practice to outsiders. Would you be willing to discount to transition the members of your current team? If so, maybe that figure might be $200,000 - $300,000.

ISBA Teleseminars simply and conveniently bring continuing legal education seminars to your office via the telephone…they usually broadcast at noon….and they’re one-hour in length…it’s that simple! Here’s a list of the upcoming ISBA Teleseminars:

Tuesday, 8/6/13
UCC Article 9 Update - A National Perspective

The 2013 ISBA Solo & Small Firm Conference will be held on Oct. 3-5 at the Westin Northwest Chicago in Itasca. Earn up to 16.5 hours of MCLE credit, including all 6 hours of required PMCLE credit.

Register by Sept. 6 at www.isba.org/soloconference to receive the Early Bird discount.

Learn how to BUILD A BETTER, MORE PROFITABLE PRACTICE.