1 September 2003 Bar News

Comment on the draft of a new Rule 1.19 of the Rules of Professional Conduct has been invited by the Supreme Court Rules Committee, which will conduct a hearing at 10 a.m. Friday, Oct. 17, in room N-502 at 160 N. LaSalle St., Chicago.

The Lawyers' Financial Responsibility proposal stops short of requiring a lawyer or law firm to carry professional liability insurance, but clearly requires that clients be informed in advance.

Paragraph (a) states that "Before undertaking a representation, the responsible lawyer in a law firm not possessing minimum insurance shall ensure that the client receives the requisite disclosure specified by this Rule."

If minimum insurance is not maintained, clients must be notified within 30 days, and all pursuant records need to be preserved for seven years after the representation is concluded.

In its annual report last year, the Attorney Registration and Disciplinary Commission revealed that only 60 percent of the state's solo practitioners carry professional liability insurance.

Of 11,413 solos responding to the court-requested survey that was included on the 2002 registration form, just 6,737 said they and their clients are protected against malpractice.

By contrast, of 10,715 who practice in firms of two to 10 lawyers, 10,254 are insured for malpractice, a 96 percent coverage rate. In firms of 11 lawyers or more, the rate jumps to 99.2 percent 13,582 of the 13,696 lawyers who responded.

In 2001, the ISBA Special Committee on Attorneys' Financial Responsibility drafted a rule that attorneys in private practice, and their law firms, should maintain minimum levels of insurance or alternative mechanisms to compensate clients for losses due to professional liability.

A revised proposal from the committee, chaired by ISBA Assembly member John J. Hopkins of Edwardsville, was adopted Oct. 12, 2001, by the Board of Governors and submitted to the court.

Official comment to the current rule proposal points out that Rule 1.19 "is intended to encourage lawyers to maintain insurance" and to allow a client "to make an informed decision whether to be represented by lawyers who are unable or unwilling to do so."

A companion proposal is an amendment to Rule 756, inserting a new paragraph (e), that would require lawyers to disclose malpractice insurance coverage, or the lack of it, during the annual registration process.

A lawyer who fails to provide the required information about malpractice coverage will be removed from the ARDC master roll and "be deemed not registered for the year..."

All proposals that will be discussed during the Oct. 17 may be accessed through the www.isba.org link to Illinois Courts, where they are posted on the Supreme Court web site at Supreme Court Committees/ Commissions, subsection Public Hearings.

Written comments should be submitted by Friday, Oct. 3, to the Supreme Court Rules Committee, c/o Administrative Office of the Illinois Courts, 13th floor, 222 N. LaSalle St., Chicago 60601.

Individuals who wish to testify in person should advise the committee in writing no later than Friday, Oct. 10. See page 13 for summaries of other Supreme Court rule proposals that will be discussed Oct. 17.

One-on-one mentoring is a goal

"Developing one-on-one mentor-protege relations is the key to success," Leonard F. Amari observed as the ISBA launched an initiative to help lawyers succeed at all levels of practice experience.

Established by President Terrence J. Lavin as a matchmaking process that will enhance the skills of lawyers and provide better service to clients, the Special Committee on Mentoring held its first meeting Aug. 27 in the Chicago Regional Office.

Amari, an ISBA past president who chairs the committee with retired judge Sheila M. Murphy , said he envisioned a two-tiered structure consisting of specific substantive mentoring and general mentoring.

Lavin emphasized that the program would be "a grand slam" if it provided situational assistance to any ISBA member, regardless of how many years in practice, not just new lawyers.

He suggested that the mentoring effort start out small, but with systemic structure tied in with representation from each ISBA section council and committee.

"My vision is of finding a couple thousand very committed members who will be competent to serve as mentors," he said, adding that it will be equally important to recruit mentees.

Committee member Peter J. Birnbaum said the program should include a screening process, a marketing process, and an orientation and training process. Supervision by bar staff and a financial commitment by the board are essential.

Among other suggestions are developing a manual on what is expected of a mentor, and asking section councils and committees to appoint screening subcommittees so the best prospective mentors can be identified by area of concentration.

Liaisons were proposed with the Illinois Judges Association, to involve judges in directing inexperienced lawyers to the mentoring program, and with the Attorney Registration and Disciplinary Commission, which has a remedial law office management course as part of its probation procedure.

The mentoring committee will meet again at 12 noon Wednesday, Sept. 24, in the ISBA Chicago office. Written comment and suggestions may be sent to Melinda J. Bentley at the Illinois Bar Center in Springfield, or contact her by e-mail at mbentley@isba.org.

To the readers of the ISBA Bar News:

I am happy to announce the new look of the ISBA Bar News. Your ISBA staff has been busily working on ways to improvethe content of the Bar News and the appearance of the publication itself. We hope that the visual layout of the Bar News will be satisfying to your eye, but more importantly, we hope that our renewed effort toward giving our readers more "news you can use" will make the Bar News an even more valuable publication.

Another significant change is the inclusion of the Illinois Courts Bulletin withinthe Bar News. This will be included in each edition as a free feature. The Courts Bulletin begins on page 19 of this issue.

You will also receive regular updates from our legislative staff, frequent reminders about upcoming CLE programs and news about what's happening in the electronic world of the ISBA. Please feel free to let us know what you think about our efforts to improve this great newspaper.

Terrence J. Lavin, President

Get-a-Member (or Two) Campaign Kicks Off

By Isolde Davidson

The Get-a-Member (or two) Campaign, one of President Terrence Lavin's key presidential initiatives, hit the ground running this month. Members of sections, committees, the Assembly and Board of Governors recently received recruitment packets to assist their efforts. However, ALL ISBA members are asked to participate.

"There's no better recruiter than a current ISBA member," Lavin said. "We know ISBA's products--the e-mail and Web-based practice services, the outstanding Illinois Bar Journal, affordable CLE, the statewide peer support and interaction, legislative updates, and all the rest. There's just no other organization that offers this kind of value to Illinois lawyers."

Any member can go to <www.isba.org> and find recruitment information and support material, or may call Ann Boucher at 800-252-8908 or 217-525-1760 to get a recruitment packet mailed to them.

The packet information explains the details of the campaign and includes promotional brochures about ISBA's products and services--and, of course, membership enrollment forms. However, enrollment can also be expedited by phone or on the Web site.

A feature of the campaign is that recruited members get 50% off their first year of membership. Recruiters receive appreciation gifts of tote bags, coffee mugs, and polo shirts, depending on the number of new members recruited. They also get their names placed on the Campaign Honor Roll published in the Bar News and on the Web site.

This month on the ISBA Web site

As any lawyer who's had the unfortunate experience can tell you, blowing a statute of limitation opens a Pandora's box of problems. But staying on top of the bewildering array of deadlines can be overwhelming. Limitations provisions are scattered throughout the Code of Civil Procedure and other chapters of the Illinois Compiled Statutes. If that weren't enough, courts add their interpretive gloss to the statutory language.

That's what makes ISBA's online Guide to the Illinois Statutes of Limitation such a valuable resource: it pulls together the various deadlines for civil-law actions and organizes them by subject matter. Author Adrienne Albrecht updates the Guide monthly, and changes are highlighted in each new edition.

You'll find a link the Guide, which is free but available to members only, under "Other Practice Resources" on the navigation bar of the ISBA Web site, or directly at <http://www.isba.org/IllinoisLaw/ statutesoflimitation.asp>. The Guide is posted in PDF (portable document format) and can be viewed using Adobe's free Acrobat Reader.

The Guide links directly to the full text of the statute in question on the Illinois General Assembly's Web site, as well as to recent cases on the Illinois Supreme Court's Website. Funding for production and updating of the Guide is provided by a grant from the Illinois Bar Foundation.

Lavin invites members to enjoy 'Florida in the Fall'

"Florida in the Fall" is the title of President Terrence J. Lavin's 2003 Extended Midyear Meeting that will take place Saturday, Nov. 8, through Saturday, Nov. 15.

"I invite you to join your ISBA colleagues and me in beautiful Orlando, Fla.," Lavin said, in the BoardWalk Inn amid the fun and adventure of Disney World's Epcot resort area (see page 5 for detailed announcement).

Those who opt for early arrival will check in Nov. 8. The basic four-night package begins Nov. 9, when a 5:30 p.m. welcoming reception is planned in the Sea Breeze Pavilion.

Three ISBA Law Ed Series seminars are scheduled. They are Family Law Update and Hot Topics, on Monday morning; Hot Topics in Tort Law, on Tuesday morning, and Practice Plus: Invigorating Your Practice by Defining Your Purpose, on Wednesday morning.

On Wednesday evening, the ISBA group will head for nearby Epcot Center to have 6:30 p.m. dinner in the Living Seas VIP lounge, with coffee and dessert buffet in the United Kingdom Pavilion. The IllumiNations laser light show will follow at 9 p.m.

Thursday, Nov. 13, will be departure day for those on the basic package. Those who stay may participate in a golf tournament. A free day is planned for Friday, Nov. 14, before the Nov. 15 departure to Chicago or St. Louis.

The Family Law seminar from 8:30 a.m. to 12 noon Monday is being planned by ISBA Assembly member Julie Keehner Katz and Karen Pinkert-Lieb of the Family Law Section Council.

It will begin with a legislative and case law update by Enrico J. Mirabelli, a member of the ISBA Board of Governors. David Pasulka will follow with interim fees; Elizabeth M. Wells with QDROs, and P. Andre Katz with cohabitation agreements.

The Tort Law seminar from 9 to 11:45 a.m. Tuesday is being planned by ISBA Assembly member Frank A. Perrecone, past chair of the Tort Law Section Council.

It will begin with a legislative update by Elizabeth A. Kaveny that includes the new Health Care Provider Lien Act and its impact on attorney liens (Burrell). Steven B. Lawyer will follow with ERISA for P.I. lawyers and ERISA Subrogation and Common Fund Doctrine.

Lawyer also will discuss PPO, HMO, Medicare and Medicaid issues in billing and collecting payments, and John L. Nisivaco, an Assembly member and Tort Law Section newsletter editor, will review black-box recording devices.

From 8:30 a.m. to 11:45 a.m. Wednesday, Florida attorney and certified public accountant John E. Moore will conduct the Practice Plus law firm management and enhancement seminar.

Moore's goal is to maximize the ability of a lawyer or law firm to practice successfully by defining and leveraging the power of purpose in professional and personal life. Among his discussion topics are The Pyramid of Life: Purpose, Time and Money; Clients and Tasks; Time and Place, and New Business and You.

The waterfront promenade BoardWalk Inn offers a business center, children's programs, three swimming pools, a health club, a game room and playground, bicycle rentals, nearby restaurants, water taxis to MGM Studios, and spa services at the Grand Floridian.

For complete details of pricing options, based on a four-night package with options for additional nights, call Sara Keomanivong at Carrousel Travel/ American Express, (800) 800-6508. Registration forms are available at ISBA offices.

Changes in formatof Midyear Meeting

The regular ISBA Midyear Meeting at the Sheraton Chicago Hotel will be conducted in a one-day format on Friday, Nov. 7. The 9 a.m. meeting of the Assembly will be preceded by the past presidents' breakfast.

At 12 noon, a joint luncheon will be held with the Illinois Judges Association. The annual Illinois Supreme Court reception and dinner will take place that evening.

No other social events, business meetings or seminars are planned. For more information, call meetings administrator JoAnn Hibbs at (800) 252-8908.

Bar Foundation offers items to be auctioned during Gala

A seven-day Mediterranean Sea excursion on the Seabourn Cruise Line is the top item that will be auctioned off during the annual Illinois Bar Foundation Gala on Friday, Oct. 24, in the Four Seasons Hotel, Chicago. Valued at more than $13,000, the cruise will include port calls in Barcelona, Monaco, Nice and Rome.

Other live auction attractions are a pair of round-trip American Airlines plane tickets to Hawaii, three nights in the Four Seasons on Hawaii's big island, and a Wrigleyville Rooftop party for 25 during a Chicago Cubs baseball game in 2004.

The Illinois Bar Foundation will honor Chicago attorney Jerold S. Solovy of Jenner & Block at the Gala with the Distinguished Award for Excellence.