ISBA ad campaign supports court system
By David Anderson
Responding to increasingly strident advertising from the state and national chambers of commerce, the Illinois State Bar Association has mounted its own advertising campaign on radio and in newspapers in support of the court system.
Labeling Illinois courts 44th in the country in "legal fairness," and courts in southwestern Illinois "a judicial hellhole," the U.S. Chamber pronouncements have caught the attention of many Illinois lawyers.
A more recent newspaper/radio/television campaign, titled "Honest Abe Would Be Ashamed," refers to "predatory trial lawyers" and "sharks in a feeding frenzy."
The Illinois chamber's Web site warns "... unscrupulous trial lawyers are getting rich at our expense. Join the fight to reform our courts and return Illinois to a state where families have good jobs and outstanding, affordable health care."
"They have millions of dollars to throw around, and they're using it to throw mud," said ISBA President Terrence J. Lavin. "It doesn't do anything to add to the debate."
ISBA began running 30-second radio commercials on WGN in Chicago and KMOX in St. Louis to counter one of the primary issues raised by the chamber of commerce campaign - high medical malpractice premiums caused, they say, by frivolous lawsuits.
The ISBA radio commercial points out that only 12 doctors were suspended from patient contact in the past two years by state regulators, and asks, "Does anyone believe there were only 12 serious cases of doctor malpractice?"
Half-page print ads are appearing in Springfield, Alton, Belleville and St. Louis newspapers, the same areas targeted by the chamber ads.
Under the heading "Facts Are Stubborn Things" (see example above), the ISBA ad lists innuendos contained in the chamber and medical society statements, and provides factual responses to them.
Sources for the ISBA ad include the Congressional Budget Office's January 2004 report, "Limiting Tort Liability for Medical Malpractice," which found that federal legislation proposing a cap on damages for injured patients "would lower health care costs by only 0.4 percent to 0.5 percent, and the likely effect on health insurance premiums would be comparably small."
The report also noted that malpractice costs account for less than 2 percent of health care spending.
Another source for the ISBA ad was last September's report, "Medical Malpractice, Implications of Rising Premiums on Access to Health Care," from the General Accounting Office, an investigative arm of Congress.
In some states where the American Medical Association has declared a "full-blown liability crisis," the GAO instead found the number of doctors per capita had actually increased in the past six years.
The ISBA ad also says there is need for improvement in the courts. It says the ISBA stands ready to work with the Illinois legislature on medical malpractice reforms to further reduce the possibility of frivolous claims, to push for insurance reform (no insurance rate hike for doctors' liability has been disallowed in more than 30 years), and to work with the Illinois Supreme Court in its review of rules governing class action lawsuits.
The ISBA ads can be seen at www.isba.org.
ISBA mentors on call to share expertise
Every lawyer can benefit from the expertise of knowledgeable peers or more experienced practitioners. Now, Illinois State Bar Association members can get advice conveniently through the ISBA MentorCenter, which was launched on Law Day, May 1.
Through the vision of ISBA President Terrence J. Lavin, this new ISBA service provides an expedient forum through which mentees may seek advice on substantive law or personal and professional issues from seasoned ISBA-member mentors.
"It's much easier for large firm attorneys to get advice or coaching from an older attorney down the hall, for example," Lavin said. "But in smaller firms or for sole practitioners, getting answers to questions is not so easy. The MentorCenter is designed to be fill that need for all members who want to take advantage of it."
A Special Committee on Mentoring Implementation will monitor and evaluate the new program and make adjustments and improvements as needed. Its work will include organizing programs to train volunteer mentors and to coordinate educational opportunities for mentees.
"The MentorCenter will initially be a work in progress," said Springfield attorney Peter L. Rotskoff of Springfield, who chairs the mentoring implementation effort and is past chair of the Committee on Legal Education, Admission and Competence.
"We'll be adding new mentors to the list almost daily, so members who don't find a suitable match immediately should check the list frequently," Rotskoff added.
The ISBA MentorCenter is the result of work by the previous Special Committee on Mentoring, which was co-chaired by past president Leonard F. Amari retired judge Sheila M. Murphy. Its recommendations were adopted in January by the ISBA Board of Governors.
Rotskoff has provided answers to some basic questions about the MentorCenter:
Q: How do I access the MentorCenter?
A: Just visit the ISBA Web site at and click on the MentorCenter icon or visit directly.
Q: Who are the mentors?
A: Mentors are ISBA members who have volunteered to share their experiences with mentees. All mentors have agreed to program requirements that include good standing with the ARDC, proof of professional liability insurance, a one-year commitment to serve, and terms of the mentor disclaimer and release.
Q: How do you become a mentor?
A: To sign up, just fill out the application forms on the Web site or call the ISBA at (800) 252-8908 to request an application.
Q: Are there any special requirements for mentees?
A: Mentees must be ISBA members and must agree to the terms of the mentoring program as put forth in the mentee disclaimer and release.
Q: How do the mentees and mentors make contact?
A: Mentees can search for potential mentors by area of practice, county or ZIP code. Mentors will indicate on their profiles whether they prefer to be contacted by phone or e-mail, and mentees are responsible for initiating the contacts.
Q: What is the duration of the mentor-mentee relationship?
A: It is up to the individual mentor and mentee. This program can be used for a single question, or a mentor and mentee may choose to have a more formal relationship.
Q: Is access to the MentorCenter as mentees restricted to new or young lawyers?
A: No. All ISBA members who need assistance or consultation from colleagues are welcome to utilize the program.
Q: Will there be support for mentors?
A: Yes. ISBA staff and members of the implementation committee will provide help and information to mentors. In addition, a manual is being created to help mentors answer questions about such topics as trust accounts, law office management, conflicts and other issues.
Pace takes office at 128th Annual Meeting
Business meetings, seminars, exhibits, receptions and the installation of a new president are all part of the 128th Annual Meeting of the Illinois State Bar Association next month at The Abbey on Lake Geneva.
The kickoff event will be the 40th anniversary celebration of Attorneys' Title Guaranty Fund, which will sponsor a reception Thursday evening, June 17, to honor its founders and current officials.
Friday, June 18, will begin with a breakfast symposium conducted by the Law Office Management and Economics (Standing Committe on) . The annual awards luncheon also will take place Friday, and the day will end with a reception on the Abbey lawn.
The 201-member ISBA Assembly will hold its semi-annual meeting at 9 a.m. Saturday, June 19, after the ninth annual networking breakfast.
Ole Bly Pace III of Sterling will succeed Terrence J. Lavin of Chicago as ISBA president during the annual banquet Saturday night.
Law Ed Series seminars on Friday are "How Do They Do That? Practical Advice for the Family Law Practitioner" and "Hot Topics for the General Practitioner." Saturday seminars are "Balancing Your Professional and Personal Life" and "Overview of Illinois Taxes for the General Practitioner."
In addition to organizational meetings of section councils and committees all three days, the boards of the ISBA Mutual Insurance Co. and Illinois Bar Foundation will convene Thursday.
There will be a day camp for children on Friday and children's activities that evening. A continental breakfast for spouses, guests and children will be available Saturday morning.
For information on availability of room accommodations, call The Abbey at (800) 558-2405, Lake Lawn Resort at (800) 338-5253, or Interlaken Resort at (800) 225-5558.
Court rules Gramm duty doesn't apply to lawyers
A federal judge has ruled that the Federal Trade Commission may not use provisions of the Gramm-Leach-Bliley Act to require lawyers to provide privacy notices to clients in matters involving financial services.
The Illinois State Bar Association had participated in an amicus curiae brief in support of a lawsuit filed by the New York State Bar Association. The American Bar Association later filed a similar lawsuit, which was consolidated in the adjudication.
Judge Reggie B. Walton of U.S. District Court for the District of Columbia agreed with the bar associations that Congress never intended the act's privacy provisions to apply to lawyers.
The FTC had argued that lawyers who represent clients in tax and estate planning, real estate closings and bankruptcies should be subject to the act, which is also known as the Financial Services Modernization Act of 1999.
The New York State Bar position, which the ISBA supported, is that applying the act to lawyers is a violation of the 10th Amendment because only states have the authority to license and discipline lawyers.
The U.S. Department of Justice agreed last June not to enforce the act against lawyers until the D.C. District Court issued its opinion.
Internet links to the complete opinion may be found at www.isba.org and www.nysba.org.
Government jobs outlook is topic of June 22 panel
A brown-bag luncheon program on "Jobs, Networking and 'Why Do I Work for the Government?'" will take place at 12 noon Tuesday, June 22, in room 502-N of the Michael Bilandic Building, 160 N. LaSalle St., Chicago.
The ISBA Committee on Government Lawyers has invited all attorneys who practice in government offices to attend. Committee member Donna G. Del Principe of the University of Illinois general counsel's office will be the moderator.
Speakers are James M. Reilly, chief administrative law officer in the City of Chicago Department of Administrative Hearings, and Thomas H. Allen, administrator in the Formal Hearings Division of the Illinois secretary of state's Department of Administrative Hearings.
Reilly will discuss availability of opportunities for attorneys, benefits of working in the government environment, and ways to obtain the desired job. Allen's topic is the pros and cons of government law practice in comparison with the private sector.
Attendance is free of charge, but reservations should be made no later than June 17 by calling Phyllis Lester at (312) 726-8775. Box lunches may be ordered in advance for $10.
Impact of ethics legislation aired May 19 in Springfield
The ISBA Public Utilities and Transportation Law Section has scheduled educational programs on Wednesday, May 19, in Springfield, and Wednesday, June 9, in Chicago.
At 2 p.m. May 19 in the Pasfield House, the section will conduct an open meeting and discussion on "Ethics Legislation and the Potential Impact on Policies, Procedures and Business Practices." A networking reception will follow.
The impact of ethics legislation, including sanctions and penalties for violations, affects lobbyists, entities that seek regulatory or licensing action from state agencies, attorneys who practice before the agencies, and businesses that provide services to or solicit contracts from state government.
Speakers are Mary Anderson, senior counsel to the governor; Brian W. Allen of the Illinois Commerce Commission general counsel's office; Myra Karegianes, former ICC general counsel and ethics officer, and Owen M. Field, former general counsel and ethics officer for the Department of Public Aid.
There is no cost to attend, but space is limited. Mail registration information to Donna Schechter, ISBA Legal Department, 424 S. Second St., Springfield, Ill. 62701, or send a facsimile to (217) 525-9063 or an e-mail to dschecht@isba.org.
At 12 noon June 9 in the ISBA Chicago Regional Office, the section will hold a brown-bag luncheon program on "The Organization of MISO States: A Model for State Regulator Involvement in a Regional Marketplace."
The Chicago Bar Association and Midwest chapter of the Energy Bar Association are co-sponsors of the presentation, which also will be available by teleconferencing.
Recent developments involving regional transmission organizations and regional state committees will be discussed by Illinois Commerce Commission commissioner Kevin Wright, who will respond to questions from participants.
To register, contact CLE registrar Trish Ashton by telephone at (800) 252-8908 or by facsimile to (217) 525-0712. On-line registration is offered at www.isba.org.
Retention slate surveys mailed
ISBA members who receive opinion surveys about Cook County judges and appellate justices seeking retention in November are urged to complete and return them as soon as possible. The deadline is June 14.
Input from practitioners with personal knowledge is vital to the investigations and interviews of as many as 75 sitting jurists that will be conducted over the summer by the Committee on Judicial Evaluations.
CLE is needed but not 'M' word
By John F. Bramfeld, Champaign
I view articles about mandatory continuing legal education with trepidation (ISBA Bar News, April 2004, page 4, Hearsay).
Also considering the mandatory pro bono crew and mandatory liability insurance gang, there is always a group of lawyers in Illinois that simply will not be happy until they have boxed the rest of us into one more unnecessary and destructive mandate.
This is the "pinwheel whirring in my brains" as you eloquently put it. I currently use CLE and I agree with your statement that "there does not seem to be a downside to CLE." When you put the M in front of CLE, problems are created.