Ole Pace focuses on economics of practices
By Stephen Anderson
The economics of the legal profession and the future livelihood of lawyers will be central to ISBA objectives during the tenure of Ole Bly Pace III of Sterling as president.
"It is important to the justice system that the economics of our profession work, so we're able to meet our clients' needs and to provide legal services to those who cannot afford them," Pace said in his inaugural remarks on June 19 at The Abbey on Lake Geneva.
Pace credited previous bar leaders with ongoing efforts to improve the quality of the bench and bar, to protect the independence of the judiciary, and to distinguish the legal profession from commercial interests, and he pledged to continue to respond to attacks against lawyers and judges.
"But it is important to the profession and to the justice system that we look ahead to challenges, and to be ready for them, and not just react after they're already here," he emphasized.
A keystone of Pace's year in office is expected to be a comprehensive Future of the Profession Conference that will be fueled with data and insights mined from the bar association's first economic survey of its members in more than 20 years.
A planning committee chaired by George R. Mahoney III of Joliet met during the Annual Meeting to discuss the format of the conference, which is tentatively scheduled for Dec. 8 at the outset of the Midyear Meeting in Chicago.
Areas of the practice of law that influence economics include office efficiency, marketing, dealing with competitive factors, enhancing public acceptance, expanding practice areas, hiring and partnering, and greater use of mediation.
Pace charged the conference planning committee with the responsibility of finding ways to anticipate trends and help ISBA members to identify them and to plan for meeting them.
In his president-elect's remarks to the Assembly on the morning of June 19, Pace referred humorously to his theme for the year as "Endeavor to Persevere."
He spoke about the need to discern whether societal, political and economic changes represent trends or cycles, and how the viability of local economies impacts the potential for adequate remuneration of lawyers.
"The fact that we are paid for our service does not diminish the profession's nobility, because the source of our livelihood is provision of service under the special rules that govern us," Pace pointed out in his President's Page in the July issue of the Illinois Bar Journal.
He added that results of the economic survey should "give us a foundation to consider ways the ISBA can help our members enhance the financial rewards of the profession, and to provide the bench with reliable regional information for setting fees in cases where that exercise is appropriate."
Great deals on products in new member benefit
The ISBA has added Retail Brand Alliance to its lineup of endorsed product and service vendors. That means each ISBA member has the opportunity to join the Brooks Brothers and the Casual Corner Group corporate membership programs and save.
Both memberships offer 15 percent discounts on regular and everyday value-priced merchandise at all Brooks Brothers, Brooks Brothers Factory Outlets, Carolee, and Adrienne Vittadini stores, and 15 percent off regular-priced merchandise at Casual Corner, Petite Sophisticate, August Max, and Associated Casual Corner Annex locations.
This program joins more than 15 others that can save ISBA members money on a variety of items - car rental, auto insurance, practice assistance services, and overnight mail, for example.
For a complete list of ISBA offerings, see the Member Benefit Services ad on page 25.
These products and services, all of which offer great deals to members, are reviewed and evaluated by the ISBA Committee on Bar Services and Activities. New services are added throughout the year.
Be sure to check often at www.isba.org/IBJ/benefits.asp for complete information and to see what's new for you.
Assembly adopts proposed Model Rules of Conduct after five years of study
By Stephen Anderson
The long-awaited, updated Illinois State Bar Association version of a proposed overhaul of the Model Rules of Professional Conduct was adopted June 19 by unanimous voice vote of the ISBA Assembly.
"This is not a revolution," the Assembly was told by Chicago attorney Thomas P. Luning. "It is a revision of the nitty-gritty language in the rules of discipline."
Luning and Robert A. Creamer have been co-chairs of the joint ISBA/CBA Committee on Ethics 2000, which the state bar association established in 1999 to monitor the work of the American Bar Association's Ethics 2000 Commission.
The committee generally followed the black letter of the ABA Model Rules and their relevant comments, with various exceptions generated by policy considerations consistent with positions expressed by the Illinois Supreme Court.
Luning referred to inclusion of the comments as "a wonderful innovation" that will help in the interpretation of what the black-letter rule proposals mean.
Referring to proposed Rule 1.17, Luning pointed out that the Supreme Court Rules Committee has scheduled a hearing Sept. 10 in Chicago on previous proposals from the bar associations that would permit a retiring or disabled attorney, or one's heirs, to sell or transfer a law practice.
Although Model Rule 1.l7 would allow such a sale or transfer in appropriate circumstances, Luning said the joint committee has recommended limiting it to an entire law practice, not just to an area of a practice as the ABA has proposed.
"Such an expansive permission goes beyond the essential purposes of the rule and reflects insufficient appreciation for the principle that law practice is not merely a business, but also a profession," the joint committee commented.
In a related Assembly agenda item, ISBA past presidents Timothy Eaton and Cheryl I. Niro achieved unanimous support for proposals to create new Illinois Supreme Court Rules 5.7 and 5.8 that involve services that may be provided by a lawyer in addition to legal services.
Proposed Rule 5.7 would address issues that arise when a lawyer offers such law-related services as title insurance, financial planning, accounting, trusts, real estate counseling, legislative lobbying, economic analysis, social work, psychological counseling, tax preparation, and patent, medical or environmental consulting.
Proposed Rule 5.8 would cover the responsibilities of a lawyer in regard to non-legal services that may be provided by an entity that is ancillary to a law practice.
Niro, who chairs the ISBA Special Committee on Ancillary Services, referred to the proposals as "lawyer-helpful guidance."
In an effort to promote the use of ISBA members' services and the image of the profession, the ISBA will consider embarking on a continuous program of advertising to inform the public of positions on topical issues.
"It is time to take a more proactive stance," ISBA Assembly member Carl R. Draper of Springfield said as he presented a resolution for approval at the June 19 meeting.
The bar association's past advertising programs generally fell into two categories: long-range campaigns to enhance the image of practicing attorneys, and emergency initiatives to combat well-funded attacks on the justice system.
One recent example was the ISBA's response to strident commercials from state and national chambers of commerce that criticized lawyers as "sharks in a feeding frenzy" and called for reform of the Illinois court system (ISBA Bar News, May 2004, page 1).
ISBA Assembly members endorsed a plan to communicate messages to the public on a more permanent basis, avoiding the occasional need for reactive advertising without effective planning or budgeting.
President Ole Bly Pace III was given authority to appoint a committee that would:
* Develop a plan for an ongoing program of advertising to promote the use of ISBA-member lawyers.
* Study the cost of an effective program to be managed by a professional marketing firm.
* Study and recommend a means for financing such a campaign as a permanent budget item.
* Report to the Assembly in December with specific recommendations for implementing a campaign.
End of the old; in with the new
The 2003-04 Get-a-Member Campaign wrapped up at the end of last month with four new members, for a grand total of 154. The latest recruiters are Leonard F. Amari, Chicago; Gregg A. Garafalo, Chicago, who brought in his second new member; Timothy J. Howard, Peoria, and Colleen M. McLaughlin, Wheaton.
Our thanks to these recruiters and to everyone who participated. Special thanks go to new ISBAs third vice president Joseph G. Bisceglia, who single-handedly brought in more than 50 new members.
Stay tuned for a new, even more rewarding campaign that will kick off next month. We're calling it the Get-a-Member (and Save!) Campaign, and it includes 50 percent off for new members AND a savings on dues for the recruiting member.
You don't have to wait, though, to take advantage of this campaign. Contact Ann Boucher today for more information and keep your association strong. Numbers count!
Call (800) 252-8908, or send an e-mail to Aboucher@isba.org.
ISBA, WCBA win UPL injunction in 17th Circuit
In late June, the Illinois State Bar Association secured a preliminary injunction against Court Documents Preparation Services and Tauhidah El-Amin of Rockford, mandating that they cease "preparing, recommending, selecting, executing, or approving the use of any document or instrument for another in any marital dissolution and/or child custody matter."
The ISBA, with the Winnebago County Bar Association and two consumers, is suing the company and Ms. El-Amin, alleging that they committed the unauthorized practice of law and violated the Consumer Fraud Act when they "prepared a Petition for Dissolution of Marriage, a Waiver and Consent and a Marital Separation and Property Settlement Agreement" for parties seeking a divorce.
Represented by John S. Lowry of Lowry & Hardyman, Rockford, the ISBA and WCBA will seek a contempt of court citation, disgorgement of fees paid, punitive damages, and a civil penalty pursuant to the Consumer Fraud Act.
Upon issuing the injunction, 17th Circuit Judge Ronald L. Pirrello found that the bar associations demonstrated a likelihood they will prevail on the merits, irreparable harm would result if an injunction were not issued, and there is no adequate remedy at law.
The ISBA Assembly elected three members to two-year terms on its Agenda and Program Committee during the June 19 meeting. They are William R. Quinlan and Letitia Spunar-Sheats of Chicago, and Susan M. Witt of Rock City in the 15th Circuit.
They succeed Thomas M. Battista of Chicago, Carl R. Draper of Springfield and David B. Sosin of Palos Heights. Other committee members are Christopher Haaff of Woodstock and James F. McCluskey of Downers Grove.
Terry Lavin traveled Illinois as voice for state bar issues
The following resolution in honor of retiring ISBA President Terrence J. Lavin was adopted June 19 by the ISBA Assembly at The Abbey on Lake Geneva, and on May 14 by the Board of Governors during its meeting in St. Louis.
* * *
WHEREAS, Terrence J. Lavin was elected by the membership to serve as the one-hundred twenty-sixth President of the Illinois State Bar Association for 2003-2004; and
WHEREAS, he was and has been and is diligent in responding to the needs and expectations of the members both at the state and national levels; and
WHEREAS, as a member of ISBA's delegation to the American Bar Association's House of Delegates, he successfully argued for a balanced approach to compensating victims of asbestos-related diseases which was endorsed by the ABA and found its way into the national dialogue on this important issue; and
WHEREAS, President Lavin traveled to every region of the state of Illinois to discuss issues of importance to the Association, meeting with lawyers, judges, the public and with opinion-makers in the media, all the while representing the ISBA and the legal profession in a most positive way; and
WHEREAS, he also undertook the sizable task of assisting the Illinois Supreme Court and its Special Committee on Professionalism in gathering information from the profession concerning civility in the profession, personally attending hearings throughout the state and devoting much time and energy to the successful conclusion of this project; and
WHEREAS, he was and has been and is a convincing voice in support of ISBA's interests during legislative debate in the state's capital; and
WHEREAS, in response to strident criticism of the Illinois court system by special interest groups, he forcefully advocated in support of the courts and the lawyers who practice in the courts, while at the same time working for improvements to benefit all parties; and
WHEREAS, he instituted a program to help our citizen's understand judicial campaign conduct; and
WHEREAS, in recognition of the importance of new lawyers starting out with proper guidance and role models, he directed the development of the ISBA Mentor Center, an on-line forum to match lawyers in need of help in the practice with more experienced practitioners who are willing to share their expertise with others; and
WHEREAS, he instituted meaningful improvements in our continuing legal education program; and
WHEREAS, President Lavin coupled sound management skills with innovation to achieve important goals, such as a balanced budget during his year, improved communications with the membership, and a more effective process for evaluating judges; and
WHEREAS, throughout his year as president, he devoted himself to representing the best interests of the members and the Association in everything he did;