The award, which is named in recognition of the service of a former ISBA director of publications, has been presented only seven times since its inception in 1982.
Newsletter editors get service awards
Prof. James E. Pfander of the University of Illinois College of Law, Champaign, will be honored Friday, June 18, during the ISBA Annual Meeting for 10 years of service as an editor of the Civil Practice and Procedure Section newsletter.
Five other editors will receive recognition for five years of service each at the annual awards luncheon at The Abbey on Lake Geneva. They are:
Mark D. Hansen of Peoria, Civil Practice and Procedure Section; Karl A. Menninger of Springfield, Elder Law Section; John T. Phipps of Champaign and Edna Turkington-Viktora, General Practice, Solo and Small Firm Section; Mark E. Zumdahl of Sterling, Trusts and Estates Section.
Government jobs panel is June 22
"Jobs, Networking and 'Why Do I Work for the Government?'" a brown-bag luncheon program of the ISBA Committee on Government Lawyers, will be held at 12 noon Tuesday, June 22, in room 502-N of the Michael Bilandic Building, 160 N. LaSalle St., Chicago.
All attorneys who practice in government offices are invited to attend. Attendance is free of charge, but reservations should be made by June 17, Call Phyllis Lester at (312) 726-8775. Box lunches may be ordered in advance for $10.
James M. Reilly, chief administrative law officer in the City of Chicago Department of Administrative Hearings, will discuss availability of opportunities for attorneys, benefits of working in the government environment, and ways to obtain the desired job.
Thomas H. Allen, administrator in the Formal Hearings Division of the Illinois secretary of state's Department of Administrative Hearings, will speak on the pros and cons of government law practice in comparison with the private sector.
Committee member Donna G. Del Principe of the University of Illinois general counsel's office will be the moderator.
Custody Act revisions lead Family Law seminar agenda
"How Do They Do That? Practical Advice for the Family Law Practitioner" is the title of an ISBA Family Law Section seminar that will be presented from 9 a.m. to 3:15 p.m. Friday, June 18, in Ballroom 3 at The Abbey on Lake Geneva.
Section council members Corri D. Fetman of Chicago and Gregory A. Scott of Scott & Scott, Springfield, are the program coordinators and moderators. The schedule follows.
9 a.m. - Proposed Custody Legislation: Kids Come First, with section council chair and ISBA Assembly member Laura M. Urbik-Kern of Kubiesa, Spiroff, Gosselar, Acker & Kern, Elmhurst.
9:30 a.m. - Maintenance Hearings: What the Court Really Wants to Hear, with 18th Circuit Domestic Relations Division Judge Rodney W. Equi, a member of the section council.
10:30 a.m. - Petitions for Rule to Show Cause and Contempt Proceedings: How to Avoid Jail and Other Mishaps, with section council secretary David N. Schaffer of Brooks, Adams & Tarulis, Naperville.
11 a.m. - Legislative Update, with section council member Adrienne W. Albrecht of Sacks, Albrecht & Gubbins, Kankakee.
12:30 p.m. - Attorney Fees: Hot to Get Paid, with section council member Janet E. Boyle of Chicago.
1:15 p.m. - Case Law Update, with Enrico J. Mirabelli of Nadler, Pritikin & Mirabelli, a member of the ISBA Board of Governors.
2 p.m. - Top Ten Mistakes in Business Valuation for Divorce, with Bruce Richman of BDO Seidman, Chicago.
2:30 p.m. - How to Draft and Negotiate a Valid Cohabitation Agreement, with P. Andre Katz of Kalcheim, Schatz & Berger, Chicago.
3 p.m. - Questions and Answers.
A seminar titled "Overview of Illinois Taxes for the General Practitioner" will be conducted from 9 to 11:50 a.m. Saturday, June 19, at The Abbey on Lake Geneva by the ISBA State and Local Taxation Section.
Section council member Louise M. Calvert of the Illinois Department of Revenue, Chicago, and associate newsletter editors Julie-April Montgomery, Cook County deputy revenue director, and Stanley R. Kaminski of Duane Morris, Chicago, are the program coordinators.
Montgomery is the moderator of the program, which will open with a review of Ins and Outs of Understanding the Illinois Income Tax by Calvert and Kaminski. Other topics are:
9:40 a.m. - What Every General Practitioner Should Know About Illinois Sales and Use Tax, with Brian Wolfberg of the Illinois Department of Revenue, Chicago, and section council member Stanley T. Cichowski of Deloite & Touche, Chicago.
10:30 a.m. - Available Options in Challenging State Tax Assessments, with Vytenis Kirvelaitis of R. R. Donnelley & Sons, Willowbrook, and associate newsletter editor John B. Truskowski of Lord, Bissell & Brook, Chicago.
11:10 a.m. - Kaminski and E. James "Toby" Tolmaire III, senior tax counsel in the City of Chicago Law Department, will explain Basics of Local Transaction Taxes by cities, counties and special districts.
Personal, professional life balance essential for both
The ISBA Annual Meeting seminar, "Balancing Your Professional and Personal Life," will be presented from 8:30 a.m. to 1 p.m. Saturday, June 19, in the Innsbruck Room at The Abbey on Lake Geneva.
Sponsors are the Law Office Management and Economics (Standing Committe on) and the General Practice, Solo and Small Firm Section. Program coordinator is ISBA Assembly member Carl R. Draper of Feldman, Wasser, Draper & Benson, Springfield, chair of the Law Office Management and Economics (Standing Committe on) Council.
The program will open with discussions on Developing a Personal Life Plan and Managing Personal Life Issues - marriage, college and children; divorce and relationship problems, and communications.
Speakers at 8:30 a.m. are Carl Draper and General Practice Section Council chair Michele M. Jochner, law clerk to Chief Justice Mary Ann G. McMorrow and member of the ISBA Board of Governors. Other speakers are John Olmstead of St. Louis at 8:45 a.m., and Thomas J. Venardos of Las Vegas at 9 a.m.
Discussions from 10 to 10:50 a.m. are Protecting the Client and Estate, What Your Family Needs to Know About Your Business, and How to Keep the Office Open Long Enough to Wind It Up.
Speakers are John H. Maville of Belvidere and ISBA Assembly member John T. Phipps of Champaign, General Practice Section newsletter co-editor and member of the Committee on the Attorney Registration and Disciplinary Commission.
The topic at 11 a.m. is Managing Property, Your Estate and Personal Finances. Speakers are Larry Hyman of LIBSCO Financial Group, Skokie, and Mark Taylor, vice president of Capital Guardian Trust, Chicago.
At 12 noon, representatives of the Lawyers' Assistance Program will speak on The Science of Happiness: What Really Makes a Difference?
This portion of the seminar will be conducted by Chester J. Taranowski, clinical social worker and director of the Employee Assistance Program for the Aon Corp., Oak Park.
Other speakers are LAP executive director Janet Piper Voss of Chicago, associate director Joseph R. Bartylak of Alton and ISBA past president Timothy L. Bertschy of Peoria, president of the LAP board.
General Practice hot tips include 9 substantive areas
The ISBA General Practice, Solo and Small Firm Section will conduct the seminar, "Hot Tips for the General Practitioner," from 8:50 a.m. to 4:30 p.m. Friday, June 18, in the Innsbruck Room at The Abbey on Lake Geneva.
Section council chair Michele M. Jochner, law clerk to Chief Justice Mary Ann G. McMorrow and member of the ISBA Board of Governors, is program coordinator.
Section council secretary Dawn R. Hall sten of Mateer & Associates, Rockford, and Cook County Judge Edna M. Turkington-Viktora, section newsletter co-editor, are the moderators. The schedule follows.
8:50 a.m. - Welcome and introduction by Michele Jochner.
9 a.m. - Hot Topics in Family Law, with ISBA Assembly member Julie Keehner Katz of Keehner, Cannady & Katz, Belleville.
9:30 a.m. - Hot Topics in Immigration Law, with Carlina Tapia-Ruano of Minsky, McCormick & Hallagan, Chicago.
10 a.m. - Hot Topics in Real Estate Law, with John G. O'Brien of Arlington Heights, member of the ISBA Board of Governors and founder of the Illinois Real Estate Lawyers Association.
10:40 a.m. - Hot Topics in Criminal Law, with Michele Jochner.
11:10 a.m. - Hot Topics in Elder Law, with Elder Law Section Council secretary Susan Dawson-Tibbits of Peoria, past chair Naomi H. Schuster of Palos Heights, and member Daniel M. Moore of Moorse, Susler, McNutt, Wrigley & Root, Decatur.
1:15 p.m. - Hot Topics in Probate Law and Estate Planning, with Trusts and Estate Section Council member David A. Berek of McGuireWoods, Chicago.
1:45 p.m. - Hot Topics in Traffic Law, with Larry A. Davis of DesPlaines, newsletter editor of the Traffic Laws and Courts Section.
2:15 p.m. - Hot Topics in HIPAA Compliance, with Michael K. Goldberg of Goldberg & Frankenstein, Chicago, member of the Administrative Law and General Practice, Solo and Small Firm Section Councils.
3 p.m. - Hot Topics in Employment Law, with Gregory H. Andrews of Andrews, Koehler & Passarelli, Lisle.
3:30 p.m. - Hot Topics in Professional Responsibility and Attorney Discipline, with Wendy J. Muchman, litigation group manager of the Attorney Registration and Disciplinary Commission, Chicago.
4 p.m. - Update on the ISBA Law Firm Economic Survey, with President-elect Ole Bly Pace III of Ward, Murray, Pace & Johnson, Sterling.
Mock trial team sixth nationally
Congratulations to the participating teachers and students of Timothy Christian High School in Elmhurst who took first place in the recent ISBA-sponsored High School Mock Trial Program.
The Timothy Christian team went on to compete against schools from across the country during the National High School Mock Trials in Orlando, Fla., last month, and placed sixth.
Fewer end law practices, but more on inactive status
By Stephen Anderson
The gradual rate of increase in the number of registered Illinois attorneys continues, according to the 2003 report of the Attorney Registration and Disciplinary Commission.
The ARDC advised the Illinois Supreme Court on April 30 that 76,671 attorneys were registered on Oct. 31, 2003, an increase of 1,250 (1.7%) over 75,421 a year earlier, when the increase was 1,110 (1.5%).
Contributing to the net growth was a decrease in the number of attorneys who were dropped from the master roll because of retirement, death, discipline or failure to register. That number was only 1,332 in 2003, compared with 1,596 in 2002 - a significant drop from the 2000 high of 2,407.
A 14 percent increase in the number of lawyers who registered on inactive status (up from 6,598 to 7,535), however, indicates "that the number of lawyers actually practicing in Illinois remains basically unchanged," the commissioners reported.
Of the total, 58,811 were registered at principal business addresses in Illinois, a 1.5 percent increase of 860 lawyers from 57,951 the previous year. The 1st District gained 606, the 2nd District 192, the 3rd District 29 and the 5th District 74, but the 4th District lost 21.
The 2003 figures do not include the classes of 1,840 new lawyers admitted in November and December 2003, the approximate 689 admitted last month, or those who did not register this year for various reasons.
By gender, the proportion of registered female attorneys rose from 30 to 31 percent. The number from ages 30 to 49 decreased from 61 to 59 percent, while those from ages 50 to 74 increased from 30 to 32 percent. Other age categories remained constant. Lawyers with fewer than 10 years in practice increased from 30 to 31 percent.
For the first time, the court asked registrants to volunteer their ethnicities, and 25,606 responded. Of these, 22,494 are White Caucasian (87.8%); 1,250 Black/ African American (4.9%); 743 Asian/Pacific Islander (2.9%); 652 Hispanic/Latino (2.6%); 53 American Indian/Alaskan Native American (0.2%), and 414 other.
Disciplinary sanctions
Of the 6,325 docketed investigations of complaints during fiscal 2003, the administrator closed 1,396 in which no misconduct was alleged, plus 4,332 after investigations were concluded. The Inquiry Board closed 61 matters after investigation and voted complaints for 353.
During the year, 141 matters were filed with the Hearing Board, 35 with the Review Board and 202 with the Supreme Court, which ordered sanctions in 137 cases. Included are 37 disbarments, 63 suspensions, 20 probations, 12 censures and 5 reprimands. An additional 8 interim suspensions were imposed.
The 2003 report includes a compilation by ethnicity of 519 lawyers disciplined in the five-year period of 1998-2002. They are: 427 white (84%), 57 black (11%), 10 Hispanic (2%), 3 Asian/Pacific Islander (1%), and 12 unknown (2%).
Also included is a five-year compilation of 124 disciplined attorneys who were impaired, as follows: 30 by alcohol, 7 by cocaine, 4 by other drugs; 39 with depression, 8 bipolar, 2 schizophrenia; 5 gambling, 5 sexual disorder, 6 other.
Various combinations of impairment in 18 other cases involved: 15 with alcohol, 12 with drugs, 7 with depression and 2 with gambling.
New ethics opinions cover law firm names, certification
The ISBA Board of Governors recently adopted seven new professional ethics opinions that were submitted by the Committee on Professional Conduct. The opinion numbers and their digests follow.
No. 03-01 Events that occur after legal representation has ceased may not cause additional responsibilities to arise.
No. 03-02 A law firm's name may not imply partnership where no actual partnership arrangement exists; may not mislead the public; may not contain the name of a partner who withdraws from the firm to join another law firm; may contain the name of a retired partner or one who has an of counsel relationship to the firm, provided the firm takes reasonable steps to show that partner's status.
No. 03-03 Resolution of a conflict between Supreme Court Rule 714 and Rule 7.4 favors Rule 714 as the more recent. A lawyer may list the certification "Capital Litigation Trial Bar" on letterhead without the disclaimer "the Supreme Court of Illinois does not recognize certifications of specialties in the practice of law."
No. 03-04 A law firm generally has no obligation to file a lawsuit on behalf of a missing client to satisfy an impending statute of limitation. There may be exceptions, however, if the client specifically authorizes the filing of a lawsuit prior to the client's disappearance and the client provides the law firm with sufficient information with which a complaint can reasonably be prepared and filed.
No. 03-05 Attorney may list non-legal accreditation on attorney business card.
No. 03-06 The responsibilities of lawyers regarding non-lawyer assistants extends to interpreters who are employed or retained by, or associated with a lawyer for the purpose of communicating with hearing-impaired clients.
No. 03-07 A law firm can properly pay to a former partner a share of a contingent fee earned after the partner left the firm to be come state's attorney, as long as payment is part of a separation agreement under Rule 1.5(j) and payment does not violate public policy concerns;
a former partner's disqualification from private practice as state's attorney does not bar payment of a share of a fee earned by the firm after the partner withdrew, when paid as part of a separation agreement;
a former partner sharing a fee under Rule 1.5(j) need not retain responsibility for the matter, or share the fee proportionately to service performed, or get client consent or make disclosures required for fee sharing, all as required by Rules 1.5(f) or (g).