It's a lawyer's nightmare that has been cussed and discussed for centuries (see, e.g., David Mellinkoff's classic The Conscience of a Lawyer). When can you withdraw if your client lies on the stand or says he will? Can you reveal your client's perjury? Must you? In the latest ISBA Traffic Laws and Courts newsletter, criminal defense attorney Juliet Boyd explores various frightening but fascinating scenarios in light of the ethics rules and some recent cases.

Not a member of The Traffic Laws and Courts Section? Join here.

ISBA’s Board of Governors has adopted a resolution reaffirming its opposition to fee splitting with non-lawyers and the ownership of law firms by non-lawyers. Both issues are under active consideration by the ABA Commission on Ethics 20/20 and could come before the ABA House of Delegates this August. ISBA leaders intend to introduce its resolution, along with support from other bars, at the same time.

President-elect John E. Thies presented the resolution at the March 9 meeting of the ISBA Board in Quincy. He noted that the proposed changes in the ABA Model Rules of Professional Conduct run counter not only to ISBA policy but also to ABA policy established in 2000 that stated: “The law governing lawyers that prohibits lawyers from sharing legal fees with non-lawyers and from directly or indirectly transferring to non-lawyers ownership or control over entities practicing law should not be revised.”

Earlier in 2000, ISBA’s Assembly adopted a report urging the ABA House to reject proposed changes to permit sharing of fees with non-lawyers and ownership of law firms by non-lawyers. That policy remains in effect.

Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Kathy Bradshaw Elliott of the 21st Judicial Circuit announced Friday that news cameras will be allowed in criminal trial courts in Kankakee County under a pilot program approved by the Supreme Court earlier this year. The 21st Circuit becomes the second circuit in Illinois approved by the Court for cameras in the courtroom and will join the 14th Judicial Circuit where extended media coverage has already been implemented under the experimental program.

"I am very pleased that Chief Judge Elliott has applied and has been approved by the Supreme Court to take part in the project," said Chief Justice Kilbride. "I'm informed that the Chief Judge has met with stakeholders in the courtrooms and that they, too, have expressed not only their interest but their enthusiasm for the program.

"The pilot program has been proceeding in the Quad Cities area with the cooperation of the media, judges, courtroom and county personnel for more than a month," said Chief Justice Kilbride."This will be another step to see if we can carefully balance the goals of greater openness and access with the guaranteed rights of defendants and parties to have fair proceedings."

The 21st Circuit is comprised of Kankakee and Iroquois counties, but for now Chief Judge Elliott asked that the experimental program proceed only in the criminal courts in Kankakee County to provide a model before it is expanded to other courtrooms in the circuit.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers Senate Bill 3792 (Mechanics Lien Act), Senate Bill 3359 (Sex offenders), Senate Bill 2953 (Recording of title instruments), Senate Bill 2952 (Statute or repose for attorneys), Senate Bill 3823 (Sanctions for visitation violations) and Senate Bill 3234/House Bill 4695 (Debtors' Prisons). More information on each bill is available below the video.

The Illinois State Bar Association's Young Lawyers Division will host its Annual Bean Bag Party and Tournament on Saturday, March 10, from noon to 4 p.m. Please join us in supporting this event to benefit the Illinois Bar Foundation/YLD Children’s Assistance Program. The YLD Children's Assistance Fund is a special fund of the Illinois Bar Foundation, a 501(c)(3) charitable entity.

• When: Saturday, March 10, 2012 from noon to 4:00 p.m.
• Where: Mahoney’s Pub and Grille, 551 N. Ogden Ave. (on Ogden near Grand),Chicago
• What: Appetizer bar and domestic draft beer, mixed well drinks and soft drinks
• Cost: $35 per person per wristband or $100 for entrance fee for Bean Bag Tournament for a team of two with two wristbands. You must be 21 years old and older to participate.
• Deadline: Bean Bag Team registration and wristband registration open until Friday, March 9 at noon and thereafter wristbands can be purchased at the door the day of the event
• Register at www.isba.org/sections/yld/beanbag

Prizes will be given to the first and second place teams. Questions? Contact: Matthew Coleman, mcoleman@ridgeassoc.comor or Elizabeth McKillip, Elizabeth.mckillip@icemiller.com.

The Illinois Bar Foundation will honor ISBA Past President Irene Bahr and Jim Reichardt at the DuPage County Chapter Fellows Reception.

This event will be held on Thursday, March 22 at Maggiano’s Little Italy in Naperville. For further information, please call the IBF at 312.726.6072, or visit www.illinoisbarfoundation.org.

In Reliable Fire Equipment Co. v. Arredondo, the Illinois Supreme Court abandoned a rigid two-factor test for determining what a “legitimate business interest" is for purposes of deciding whether an employment covenant not to compete is too restrictive. The court replaced the old test with a much more flexible standard. It's a big change in an important area of the law. Learn more from this in-depth review in the latest issue of The Corporate Lawyer, newsletter of the ISBA Section on Corporate Law.

Asked and Answered

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

Q. Our practice is located in Memphis. We have three attorneys, 3 paralegals, and two staff members. We will generate $1,500,000 in legal fees this year. We plan on growing the firm and hope to break the $2.5 million barrier in three years. We have a very proactive marketing plan and program. What else do we need to think about?

A. Growth will involve more the marketing and getting more clients - particularly a firm your size. To generate this revenue you will have to add several revenue producers which could almost double your size. You will become a different firm. Instead of three attorneys - you may have six or seven unless your growth will occur by adding mostly paralegals. Even so, there will be more people. This will impact your physical facilities and physical plant, your systems, your IT infrastructure, approach to talent management, and how the firm is managed. Growth requires investment and puts strain on cash flow. So this needs to be planned for. If you don't have a strategic plan (see our blog under strategy section) I suggest that you consider developing one. A strategic plan will require you to think beyond the marketing plan and getting clients - and address all of the other issues that will impact the firm as you grow.

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