The other is that a lawyer who sells a law practice must cease to engage in private practice "in the geographic area," not merely "in the jurisdiction."
Luning added that at some future date, the entire ABA model rules revisions could be deliberated in Illinois, but separate adoption of Rule 1.17 should not be unduly delayed.
Rule 23 orders may be persuasive authority"
The co-chairs of a special Supreme Court committee went on record at the Sept. 10 hearing in support of adopting Appellate Court Rule 23 orders as "persuasive authority" and making them available electronically.
ISBA past president Timothy Eaton and Appellate Justice Thomas Appleton cited "strong consensus and support" for changing Rule 23, and no merit in any stated objections.
They agreed that if Rule 23 orders were made available electronically for citation in appeals, there would be no deluge that could burden the courts.
Brian C. Ervin, reporter of decisions for the Supreme Court, concurred with the view by Eaton and Appleton that any burden would be negligible. He suggested that Supreme Court Rule 6 could be amended to incorporate a universal, vendor-neutral format for citing Rule 23 orders.
Ervin said that the motivation for 1994 limitations on published opinions has been obviated by the growing use of the Internet and electronic communication in legal matters.
Michael T. Reagan, who served on the committee, added that judges should not be prohibited from informing litigators of the existence of unpublished orders that are on point. The integrity of the courts would be enhanced and unwarranted criticism ended, he said.
"The bench and bar need to be able to say that the quality of written orders is just as good as published opinions," Reagan said.
Florida program head to address LAP audience
The Illinois Supreme Court is among the award recipients who will be honored Friday, Oct. 22, during the annual Lawyers' Assistance Program dinner in the Empire Room of the Palmer House Hilton Hotel, Chicago. The court will receive the John Powers Crowley Award.
Other recipients are 19th Circuit Judge Michael T. Caldwell, the Carl H. Rolewick Award, and Matthew J. Iverson, the President's Award. Both are LAP past presidents.
Keynote speaker will be Myer J. "Michael" Cohen, executive director of Florida Lawyers' Assistance Inc. His topic is "Reaching Out to Our Colleagues: Saving Lives and Careers Through Lawyers' Assistance Programs."
The award presentations and speech will be preceded by a 6 p.m. reception and 7 p.m. dinner. For reservations, call executive director Janet Piper Voss at (312) 726-6607.
The Lawyers' Assistance Program was established 24 years ago by the Illinois State and Chicago Bar Associations to provide counseling and interventions for the attorney or judge whose performance is impaired by substance abuse.
Officers are Appellate Justice Warren D. Wolfson, president; Gerald L. Walters, vice president; Valee Salone, treasurer, and Magistrate Judge John A. Gorman, secretary.
Board members are ISBA past president Timothy L. Bertschy, Judge Caldwell, Philip H. Corboy, James J. Faught, Richard Gillingham, Michael J. Howlett, Matthew Hutmacher, Sheila M. Murphy, Associate Judge James M. Radcliffe III and Larry R. Rogers Jr.
Illinois revenue forum is Nov. 5
The 2004 Illinois Department of Revenue practitioners' meeting on Friday, Nov. 5, will be co-sponsored by the ISBA State and Local Taxation Section and the Illinois CPA Society.
It will take place from 8 a.m. to 12:30 p.m. on the fifth floor of the state office building at 160 N. LaSalle, Chicago. Refreshments will be available during the 7:30 a.m. registration period.
Revenue department representatives at the meeting will answer questions about state taxation and administration issues. Questions were to be submitted by Oct. 4 to Jennifer Schultz at Schultzj@icpas.org.
A summary of questions and answers will be posted before Nov. 5 on the Web site, www.revenue.state.il.us/LegalInformation. Reservations for the meeting should be made online by Oct. 25 at www.icpas.org/icpas/conferences/C35243.asp.
For more information, contact Louise M. Calvert of the State and Local Taxation Section Council at (312) 814-1722 or lcalvert@revenue.state.il.us.
Public benefits eligibility topics to be explored Nov. 5
An informative afternoon program on "Eligibility for Governmental Programs for General Practitioners: What You Need to Know to Represent Your Client" will be presented Friday, Nov. 5, in the ISBA Chicago Regional Office.
In addition to timely topics and speakers, the Law Ed Series seminar materials will include information about public benefits that are available through the Illinois Department of Human Services.
Program coordinators are Michele M. Jochner, past chair of the General Practice, Solo and Small Firm Section Council and law clerk to Chief Justice Mary Ann G. McMorrow, and assistant Cook County state's attorney Julie Ann Sebastian, a section council member.
Timothy E. Duggan of Stine, Greere & Duggan, Springfield, chair of the section council, will open the seminar at 1 p.m. with introductions. The schedule follows.
1:15 p.m. Social Security Administration: Public Benefits Available, including Survivors, Disability and Retirement, with David R. Bryant of LaGrange.
1:45 p.m. What Now? What Are the Options in Dealing with an Elder Client or a Client's Family Members Who Are in Distress? with Patricia K. Hogan of Chicago.
2:15 p.m. The Basics of Medicare and Medicaid (speaker to be announced).
3 p.m. Issues in Long-term Care Planning: Counseling the Client, with William Dyrcz of New Lenox.
3:30 p.m. State and Federal Disaster Declarations: Assistance for Individuals, Families and Businesses, with David L. Smith of Springfield, chief of the Bureau of Disaster Assistance and Preparedness of the Illinois Emergency Management Agency.
The ISBA Board of Governors was to elect a delegate from outside of Cook County to the American Bar Association House of Delegates during its Oct. 8 meeting in Galena. The new delegate will replace past president Timothy L. Bertschy of Peoria, who has been elected to the ABA Board of Governors.
ISBA past president Cheryl I. Niro of Quinlan & Carroll and Robert A. Clifford of the Clifford Law Offices, both of Chicago, have indicated their intentions to seek the office of state delegate to the ABA House of Delegates.
Nominating petitions must be filed by Friday, Dec. 10, for the three-year term that will begin in August 2005. Names of nominees will be published in the ABA Journal in February, about the same time that ballots are mailed to ABA members with offices in Illinois.
Real Estate Law Updates are scheduled Nov. 4, 18
Two ISBA Real Estate Law Updates will be presented next month: Thursday, Nov. 4, at the Radisson Hotel, Bloomington, and Thursday, Nov. 18, at the University of Chicago Gleacher Center in downtown Chicago.
Program coordinators are Real Estate Law Section Council past chair Samuel H. Levine of Arnstein & Lehr, Chicago; secretary Ted M. Niemann of Schmiedeskamp, Robertson, Neu & Mitchell, Quincy, and associate newsletter editor Myles L. Jacobs of Brumund & Jacobs, Joliet.
The moderators Niemann in Bloomington and Jacobs in Chicago - will open the seminars at 9 a.m. with introductory remarks. The schedules follow.
9:10 a.m. Case Law Update, with section council vice chair Joseph R. Fortunato of Fortunato, Farrell, Davenport & Arnold, Westmont, and associate newsletter editor Steven B. Bashaw of Oak Brook.
10:10 a.m. Legislative Update, with section council member Marylou Lowder Kent of Land Title Services of Illinois, Springfield.
10:40 a.m. Statute of Limitations, with Greg C. Anderson of the Northern Illinois University College of Law, DeKalb (Bloomington program), and Richard F. Bales of Chicago Title Insurance Co., Wheaton (Chicago program).
11:10 a.m. Terminating Interests in Real Estate: Representing Prospective Purchaser at Foreclosure Sale, with Samuel Levine. Terminations include installment contracts, leases and condominium assessment liens.
11:55 a.m. Luncheon period.
1 p.m. Considerations in Drafting Subject-to-Financing Purchase Agreement Clauses, with A. J. Rossi of National City Mortgage Corp., Joliet: Criteria to satisfy to qualify for real estate loans, such as appraisals and credit scores.
1:30 p.m. Real Estate Exemptions, with section council member Thomas E. Sullivan of Downers Grove (Bloomington), and Myles Jacobs (Chicago).
2 p.m. State and Municipal-Assisted Commercial Real Estate Financing, with Robert T. LeSage of Ward, Murray, Pace & Johnson, Sterling (Bloomington), and Thomas N. Jacob of Bloomington (Chicago).
Financing vehicles include industrial revenue bonds, Illinois Development Finance Authority funding, Illinois Housing Development Authority funding and infrastructure funding (TIF districts, etc.) Real estate tax incentives and the creation and operation of enterprise zones and tax-credit programs will be discussed.
2:45 p.m. Private Investment Real Estate Financing, with section council member Sandra J. Birdsall of Hasselberg, Williams, Grebe & Snodgrass, Peoria: Alternatives that include sale of equity interests, such as limited partnerships, family partnerships and limited liability companies.
3:30 p.m. Considerations in Conventional Real Estate Financing, with Gregory A. Thorpe of Kubasiak, Fylstra, Reizen & Rotunno, Chicago: Title insurance endorsements, attorney opinion letters, lender-required lease non-disturbance and subordination contracts, landlord waivers, estoppel certificates, and common loan document provisions and requirements.
4 p.m. The Unauthorized Practice of Law, with Jack Carey of Belleville (Bloomington) and John C. "Jack" Murray of First American Title Co., Chicago (Chicago).
Intellectual property basics shared for general practice
ISBA Law Ed Series seminars titled "What Every Lawyer Should Know About Intellectual Property" will be presented Friday, Oct. 29, at the Radisson Hotel, Bloomington, and Friday, Nov. 12, in the ISBA Chicago Regional Office.
The program coordinator and moderator is Aaron W. Brooks of Holmstrom & Kennedy, Rockford, chair of the Intellectual Property Section Council. The schedule follows.
9 a.m. Introduction and Overview of Intellectual Property Law, with Aaron Brooks: Reasons why the general practitioner should care about intellectual property, and common situations where related issues may be encountered.
9:30 a.m. The Basics of Copyright Law, with Eugene F. Friedman of Friedman & Friedman, Chicago, a member of the ISBA Assembly and Intellectual Property Section Council, and Prof. Steven J. Helle of the University of Illinois Journalism Department, Urbana, who serves on the Individual Rights and Responsibilities Section Council.
They will discuss types of things that may be copyrighted, notice and registration requirements, transferring copyrights, and dealing with them in business transactions.
10 a.m. The Basics of Trademark Law, with Stephen G. Kehoe of Bellows & Bellows, Chicago, a member of the Intellectual Property Section Council.
Topics include what to do on receipt of a cease-and-desist letter, how to decide whether to send one, trademark priorities, registration, and differences between state and federal trademarks.
10:45 a.m. The Basics of Patent Law, with Eugene Friedman: Steps to be taken by the practitioner representing an inventor, patent licensing issues, and issues in business transactions.
11:30 a.m. The Basics of Trade Secret Law, with Joseph T. Nabor of Fitch, Even, Tabin & Flannery, Chicago, a member of the Intellectual Property Section Council: Drafting and evaluating confidentiality agreements, protecting trade secrets, managing disclosures, and trade secret dispute issues.
12 noon Luncheon period.
1 p.m. Internet Issues, with Aaron Brooks and Charles L. Mudd Jr., president of Privacy Resolutions, Chicago, and member of the Intellectual Property Section Council.
Topics include domain names and cyber-squatting, copyright infringement on the Internet/Digital Millennium Copyright Act, business method patents, jurisdictional issues, digital signature legislation, and file sharing.
1:30 p.m. Software Licensing, with Aaron Brooks: Drafting and negotiating software licenses, indemnification and third-party rights, source codes, scope of license, and defects and warranty.
2 p.m. Intellectual Property Audits: Determining what the client owns, organizing and managing intellectual property business assets, with Alan R. Singleton of Webber & Thies, Urbana.
2:30 p.m. Stock Purchase and Asset Purchase Agreements: Issues to consider when purchasing a business that may own copyrights, trademarks, patents or trade secrets; researching and transferring rights, and intellectual property security interests (speaker to be announced).
3 p.m. The Basics of Privacy and Publicity Law, with Charles Mudd and Steven L. Baron of Mandell, Menkes & Surdyk, Chicago, past chair of the Intellectual Property Section Council: History of Illinois privacy law, and modern legislation, including Graham-Leach-Bliley, HIPAA and COPPA.
3:30 p.m. Ethics Issues in Intellectual Property, with Eugene Friedman: License to practice before the U.S. PTO, unauthorized practice by non-lawyer firms, and registration docket management.
4 p.m. Alternative Dispute Resolution Issues, with Mark V. B. Partridge of Pattishall, McAuliffe, Newbury, Hilliard & Geraldson, Chicago.
Research sites assist administrative law
An afternoon ISBA Law Ed Series seminar on Friday, Oct. 29, will provide information on "Free Sites that Will Help You Manage, Expedite, Secure and Maintain Your Practice: Electronic Resources on Administrative Law Issues for General Practitioners."
The seminar is sponsored by the ISBA Administrative Law Section, the Committee on Government Lawyers and the regional office of the U.S. Environmental Protection Agency, where it will be conducted in the Valdas Adamkus Conference Center, 77 W. Jackson Blvd., Chicago.
The program moderator is Administrative Law Judge Terry C. Shafer of the Illinois Property Tax Appeal Board, Springfield, chair of the Administrative Law Section Council and member of the Committee on Government Lawyers.
Shafer will open the seminar at 1 p.m. with introductory remarks. The schedule follows.
1:15 p.m. Electronic Research: Types of Free Research Available on the Net for Practitioners, with Jean M. Wenger of the Cook County Law Library, Chicago.
1:45 p.m. Searching Municipal, State and Federal Sites: Tracking all Necessary Ordinances, Rules, Statutes and Acts Affecting Your Case, with Adrienne W. Albrecht of Sacks, Albrecht & Gubbins, Kankakee, past chair of the Committee on Legal Technology.
2:15 p.m. Illinois and Federal Administrative Forms on Line: Interact with Administrative Agencies Online, Process Forms over the Net, and Hold Hearings Online, with Claire A. Manning of Posegate & Denes, and Administrative Law Judge Edward Schoenbaum of the Illinois Department of Employment Security, both of Springfield.