Asked and Answered

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

Q. I am the firm administrator for a 16 attorney firm in Memphis. I am new to the field and just started with this firm. I have been asked to conduct some preliminary law firm economic research and obtain - purchase if necessary - survey data on the subject. Do you have any suggestions concerning using such surveys?

A. The use of sound secondary research surveys can be invaluable and can assist firms in their quest for “best practices.” While law firms should strive to use surveys that meet the test of sound research, this is not always possible since no other source of information may be available. In other words – some information may be better than no information at all. In such situations law firms may decide to use research surveys that do not satisfy sound research guidelines. Such information can still be useful for exploratory analysis and when the information will be used for “benchmark” purposes. However, it is important for the firm to keep in mind the limitations of the study.

The Illinois State Bar Association’s Young Lawyers Division will host a Day at the Races on Saturday, Sept. 22 from noon-5 p.m. This networking and social event will be held at Arlington Park Racecourse in Arlington Heights.

Tickets are $8.50 per person and will be available for pickup at 11:15 a.m. on the day of the race at the Will Call Window, Grandstand Entrance. The ISBA group will be at the picnic tables located by the rail. Lunch is not included.

General Admission cost includes admission to the park and a daily racing guide, and a Fabulous Day of Thoroughbred racing!

Deadline to register is Monday, September 17, 2012.

Find out more and register at www.isba.org/sections/yld/dayattheraces

Join us from the comfort of your home or office at 12:00 p.m. on August 9^th and get the information you need to effectively advise school district administrators and certificated staff with this comprehensive overview that explores the background and political reasoning behind the changes to the Educator Evaluation procedures as mandated by Senate Bill 7. Labor and employment attorneys, local government lawyers, education law practitioners, and school administrators – with intermediate to advanced practice experience – who attend this live webcast will better understand:

• The historical background leading to the changes found in Senate Bill 7;
• The educator evaluation process and applicable timelines;
• The duties and responsibilities of the required joint committees;
• The legal process as required under the new Public Act; and
• How to best advise school administrators and staff regarding personnel decisions resulting from educator evaluations.

The program is presented by the ISBA Education Law Section and qualifies for 2.0 hours MCLE credit.

Click here for more information and to register.

The butler didn't steal from the law firm trust account, but someone equally unlikely did.

"Often, the embezzler is the very last person anyone would suspect of wrongdoing -- a trusted employee or partner whom everyone likes and respects," writes Karen Erger in the August Illinois Bar Journal. "The revelation that a seemingly loyal colleague has been stealing from the firm and/or its clients for many months or years can cause inestimable damage to the law firm's morale and reputation. And the financial loss can be devastating."

In the wake of high-profile embezzlement prosecutions in Chicago and Champaign, Karen looks at how law firms put themselves at risk, offers some theft-prevention techniques, and identifies "symptoms that may indicate that your firm is the victim of employee fraud or embezzlement." Read her advice.

An elite committee of the American Bar Association (ABA) has honored the 17th Judicial Circuit, Winnebago County Bar Association and the Boone County Bar Association for pioneering a local initiative designed to enhance professionalism and civility in the legal profession.

The ABA Standing Committee on Professionalism will award the three northwestern Illinois entities with the 2012 E. Smythe Gambrell Award and a $3,500 check during the ABA’s annual meeting this summer. The presentation will take place at a luncheon on Friday, August 3 at 12:15 p.m. at the Hyatt Regency in Chicago.

The Gambrell Award is given each year to organizations that contribute to the understanding of professionalism among lawyers. The Illinois Supreme Court Commission on Professionalism (ILSCCP) nominated the three organizations for working together in designing and implementing an Aspirational Code of Conduct, Lawyer-to-Lawyer Mentoring Program, and Peer Review Council.

All three initiatives have become models for the profession, not only in Illinois but in other jurisdictions as well.

"Three successive Chief Judges in the 17th Circuit have, in collaboration with the leadership of the two bar associations, not only initiated and maintained a vibrant professionalism initiative in the 17th Judicial Circuit, but also have actively collaborated with the Illinois Supreme Court Commission on Professionalism in replicating the initiatives throughout the state," said Justice Robert R. Thomas of the Illinois Supreme Court. "I commend all of them for their efforts which led to this award. They have done much to craft innovative ways to promote the ideals of professionalism, and we are all better off as a result of their commitment."

Do you use the word shall  when you draft documents? If so, you may want to reconsider doing so. Bryan A. Garner, the edtior-in-chief of Black's Law Dictionary, makes a compelling case for abandoning shall and using the more precise words must, will, is, may, or the phrase is entitled to in the most recent ABA Journal.

You'll be in good company if you abandon shall; so have all four sets of the major federal rules with the exception of one rule. (Rule 56 of the Federal Rule of Civil Procedure.)

Medical records of deceased family members. Public Act 97-867 (Sullivan, D-Rushville; Brady, R-Bloomington) does three things to the new provisions for getting medical records of deceased family members if no estate is opened.

(1) It clarifies that a "handling" fee may not be charged to a patient or patient's representative under Section 8-2001.5.

(2) It requires that health-care providers release this information to a patient representative as authorized under this Section.

(3) It requires that a person purporting to be a patient representative certify that to be true under penalty of law.

Effective July 30, 2012.

A copy of the act may be found here.

Too many law students emerge with staggering debt and grim job prospects. Two law professors say it's time for bar associations and the legal academy to respond by doing something we haven't done enough in recent decades - working together to strengthen the profession. Read more in the August Illinois Bar Journal.

The Illinois MCLE Reporting Period for Illinois Attorneys whose last name begins with A through M ended June 30, 2012. Did you miss the deadline? If so, ISBA has a number of programming options available to help you complete your requirement during the grace period. For a complete listing of over 100 electronic CLE options to choose from, please visit: isba.fastcle.com One-hour teleseminars and complimentary Fastcase webinars for ISBA members can be accessed here: www.isba.org/cle/upcoming

According to the MCLE Board of the Supreme Court of Illinois, if you missed the June 30, 2012 deadline and report “Not Complied” by July 31, 2012, you will have until September 30, 2012 to earn the required credits with a late fee of $100. On the other hand, if you fail to report compliance, non-compliance, or a valid exemption by the July 31, 2012 compliance reporting deadline, you may continue completing your required credits until September 30, 2012, but the late fee increases to $150. For more information, please visit the Board’s website at: www.mcleboard.org or call at: 312-924-2420.