The Illinois State Bar Association, in partnership with the American Bar Association’s Senior Lawyers Division, has filed a resolution for action by the ABA’s House of Delegates at the upcoming ABA Annual Meeting in August.

The resolution reaffirms the ABA policy – adopted in 2000 – that law firms shall not be owned by non-lawyers and legal fees shall not be shared with non-lawyers. Proposals that would change this policy have been circulated in connection with the work of the ABA’s Commission on Ethics 20/20.

President John E. Thies briefed the ISBA Assembly on the proposed changes, and the need for the ISBA’s action. “Ethics 20/20 has been tasked with looking at the impact of technology and globalization on the legal profession – these are not bad subjects to consider. However, this inquiry is being used directly or indirectly as a means of advancing proposals which seek to do some of the very same things which were defeated during the battle over Multi-Disciplinary Practice,” Thies said. 

A number of states have already indicated their support for the ISBA/Senior Lawyers Division resolution, including Arizona, Indiana, Maryland, Mississippi, North Carolina, and Tennessee. Thies added: “this is about defending the core values of our profession against the encroachment of non-lawyers – to the detriment of clients. It’s gratifying that so many other states are lining up behind us, and I expect this to continue as we approach the ABA meeting in August.”

The recent copyright infringement trial between Google and Oracle brought a surprising series of posts by technical bloggers praising Judge Alsip, who presided over the trial, for showing such mastery of the technology.  Glyn Moody posted on Tech Dirt, Should People Learn To Code? Yes – If They Are Judges Ruling On Cases Involving Software.  Similarly, Jeff Neubauer concluded in the New Media and Technology Blog, Oracle v. Google Judge Writes the Book on Software Programming Copyright – For Now, Anyway.  Closer to home, Judge Posner, in the Seventh Circuit Appellate Court won critical praise for his  understanding of the dysfunctional copyright litigation system in the litigation between Apple and Motorola from technical blogs such as Mike Masnick’s article in Tech Dirt, Judge Posner Dumps Ridiculous Patent Fight Between Apple & Motorola As Contrary To The Public Interest.  By contrast, the recent New York Court of Appeals decision in People v.

Asked and Answered

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

Q. Our firm has recently gone through a series of partner defections - we were a 40 attorney firm - now we are 10. In our last partnership meeting we had some discussions about the possibility of dissolving the firm. If this comes to pass - do you have any tips or suggestions regarding winding down the firm?

A. Winding down a firm is like starting a firm but in reverse, harder, and has more steps. Sort of like building a house and then later tearing it down. You will have to deal with:

1. Clients (notification, termination of representation, and disposition of case files)
2. Retired partners
3. Current partners
4. Employees (associates and staff) - job placement, severance, etc.

Unlike other businesses - the major asset of a law firm are its clients, employees, and partners - many of which may have already defected or walked out the door. You may be left with only the liabilities.

One of your priorities will be to decide who will manage the winddown and who will manage internal and external communications. Then you will need to develop a project management plan and dissolution/winddown plan/checklist. Major priorities will include:

1. Bank Loans
2. Building Lease
3. Retainer Obligations to Clients
4. Equipment Leases
5. Retirement and Other Payouts to Former Partners

Firm should consider if it will retain a caretaker or trustee to manage the winddown.

You should make sure that you review the ethical requirements with your state bar association concerning:

Illinois State Bar Association 2nd Vice President Paula Hudson Holderman has been named as one of the "100 Women Making a Difference” by Today's Chicago Woman. She will be featured in the July 2012 issue.

Holderman, who will become ISBA President-elect at the Annual Meeting in June, is the chief attorney development officer for Winston & Strawn LLP. In 2011, she took the lead to establish the ISBA's Law and Leadership Institute to expose diverse young women and men to the profession of law.

Holderman, Winston & Strawn’s chief attorney development officer, has global responsibility for the firm’s professional development and all facets of education and training. She also teaches as the James C. Wood Distinguished Co-Lecturer in Intellectual Property Law at the University of Illinois College of Law.

John E. Thies, a shareholder at Webber & Thies, P.C., in Urbana, was installed Friday as the 136th president of the Illinois State Bar Association at the Annual Meeting at The Abbey Resort in Fontana, Wis. His installation marks the first time both a father and son have led the Association. Thies’ father, Richard L. Thies, was ISBA president from 1986-87. View pictures from the Annual Dinner and Reception.

“It’s a great responsibility and opportunity. As the largest state-wide organization of Illinois lawyers and judges, the ISBA has an enormous capacity to champion the core values of our system of justice, and the lawyers who serve it,” John Thies said. “As ISBA President, it is my top priority to make the most of this capacity for the benefit of our membership and the public our members serve.”

During his term as president, Thies will place special emphasis on four major projects that derive from his own experiences in life and the law. A Law School Debt task force will examine the heavy educational debt burden faced by new lawyers as they begin their careers and how that impacts the delivery of legal services. A Committee on Fair and Impartial Courts will coordinate the ISBA’s efforts to identify and publicize threats to fair and impartial courts due to lack of funding.

The Illinois State Bar Association presented several awards to recognize individuals for their commitment and service to the profession and their communities at the Awards Luncheon on Friday, June 15. Click here to view the photo gallery from the luncheon.
•    Law Student Division Public Service Award: Alejandra Lara, University of Illinois College of Law;
•    Young Lawyers of the Year: Angela Baker Evans, of Peoria, a lawyer at the law firm of Westervelt, Johnson, Nicoll & Keller, LLC; and Steven Hunter, of Chicago, a partner with the Chicago law firm of Quarles & Brady LLP;
•    Diversity Leadership Award: E. Lynn Grayson, partner, Jenner & Block;
•    Matthew Maloney Tradition of Excellence Award: Warrenville attorney William Price;
•    Community Leadership Award: Hon. Sebastian Patti, presiding judge, Domestic Violence Division, Circuit Court of Cook County;
•    Elmer Gertz Award for Human Rights: Hon. Martha A. Mills, Circuit Court of Cook County;
•    Joseph R. Bartylak Memorial Legal Services Award: John Lafond, of Urbana, a telephone counselor at the Land of Lincoln Legal Assistance Foundation;