ISBA Statehouse Review for the week of May 21

Posted on May 21, 2013 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Tort cases and settlement problems (Senate Bill 1912), Filing fee increase (House Bill 2327), Visitation (House Bill 2992), Fraudulent real estate documents (House Bill 2832), Access to Justice Act (House Bill 3111), Collection procedures (Senate Bill 1044), UM coverage (Senate Bill 1898) and FOIA (House Bill 2747). More information on each bill is available below the video.

Tort cases and settlement problems. Senate Bill 1912 (Raoul, D-Chicago; Sims, D-Chicago) amends the Code of Civil Procedure to create an enforcement mechanism for cases that settle but the defendant won’t comply with the settlement. It is limited to cases seeking money damages involving personal injury, wrongful death, or tort action. It requires a settling defendant pay all sums due to the plaintiff within 21 days of tender of all applicable documents required under this new Section.

CLE: The Intersection of Social Media and the Practice of Law

Posted on May 20, 2013 by Chris Bonjean

Join us in Springfield on June 6th and learn how to effectively and ethically address social media issues in your practice – from the various types of social media available and the challenging issues that can arise when incorporating it into your practice, to using social media as evidence in the courtroom and the issues that can arise when jurors use social media and the Internet during a trial.

The program, which qualifies for 3.0 hours MCLE credit, including 3.0 hours Professional Responsibility MCLE credit (subject to approval), is presented by the Illinois State Bar Association and the Sangamon County Bar Association.

Click here for more information and to register.

CLE: Criminal Law: Back to Basics

Posted on May 16, 2013 by Chris Bonjean

Join us in Chicago on May 31st for the opportunity to update your knowledge on a number of key criminal law areas, including pre-trial motions, pleas of guilty, jury selection, and more. Criminal defense attorneys, general practitioners, assistant state’s attorneys, and assistant public defenders with all levels of practice who attend this seminar will better understand: which recent U.S. Supreme Court cases have affected the criminal courts; the new amendments that are heading through Illinois legislature; the pre-trial issues that can arise in criminal court; how to properly present plea agreements; hearsay and how 6th Amendment law has continued to be impacted by specific U.S. Supreme Court cases; how to develop a good relationship with your client; the importance of successful jury selection; how to properly preserve your trial or hearing for appeal; and much more!

The program is presented by the ISBA Criminal Justice Section and qualifies for 5.75 hours MCLE credit.

Click here for more information and to register.

Why every will needs a supplemental needs trust provision

Posted on May 16, 2013 by Mark S. Mathewson

Your client asks why her 35-year-old bipolar daughter no longer qualifies for SSI or Medicaid and has been warned to leave her Section 8 apartment.

It turns out that the client’s recently deceased brother left $50,000 to each nephew and niece, making the daughter ineligible for key government benefits.

As often happens with incapacitating disorders, the daughter's schizophrenia didn't manifest until later in life. But, as Carl M. Webber and J. Amber Drew explain in the latest ISBA Elder Law newsletter, "[a]ny beneficiary can become disabled at any time. A will speaks as of the future date of death and should protect beneficiaries who may become disabled during the time between the execution of the will and the death of the testator."

How to do it? "In all cases, a will should include a paragraph that allows the executor to set up Supplemental Needs Trusts, if, at the time of the death of the testator, any beneficiaries qualify under the Social Security Administration’s definition of 'disabled,'” they write. Find out more and view a sample trust provision.

 

Best Practice: Associate origination bonuses - is 60% too high?

Posted on May 15, 2013 by Chris Bonjean

Asked and Answered

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

Q. Our firm is a 12 attorney firm located in downtown Chicago. We have 8 partners and 4 associates. We are considering making a change to our associate compensation system. Currently associates are paid a salary plus a discretionary bonus at the end of the year. We are considering continuing to pay them a salary plus 60% of any business they bring in (origination). Does this plan make sense?

ISBA Statehouse Review for the week of May 14

Posted on May 14, 2013 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Body attachments and child support (House Bill 2473), Juvenile Court Act (House Bill 3172), Right to Privacy in the Workplace Act (Senate Bill 2306), Medical cannabis (House Bill 1), Juvenile court jurisdiction (House Bill 2404) and Real estate documents and thumbprints (House Bill 2269). More information on each bill is available below the video.

Round Lake Park Police Chief receives ISBA Law Enforcement Award

Posted on May 13, 2013 by Chris Bonjean

Round Lake Park Police Chief George Filenko (middle) received the 2013 Law Enforcement Award from the Illinois State Bar Association (ISBA) at a luncheon and awards presentation held during National Crime Victims’ Rights Week, on April 23, at the Gurnee Park District, Viking Park Hall, in Gurnee. ISBA Executive Director Robert Craghead (left) presented the award.The event was sponsored by the Lake County State’s Attorney’s Office and the Lake County Chiefs of Police Association.

The ISBA’s Law Enforcement Award was created to recognize sworn law enforcement officers for conduct that promotes justice and to distinguish those individuals whose service to the public brings honor and respect to the entire criminal justice system. It is given sparingly to recognize those who truly excel in the field of law enforcement. 

In addition to fulfilling his professional duties, Chief Filenko has made numerous other contributions to the community where he works and lives. As the Commander of Lake County Major Crimes Task Force, he has fostered an extraordinary level of cooperation between task force members and the 35 communities it serves. He is a past president of the Lake County Chiefs of Police and chair of its Police Gang Committee.