Transfer of law practice issues get court scrutiny
By Stephen Anderson
A proposal from the Illinois State Bar Association to permit the sale or transfer of a law practice will be discussed during a special hearing of the Illinois Supreme Court Rules Committee at 10 a.m. Friday, Sept. 10, in room C-500, 160 N. LaSalle, Chicago.
Proposal 04-10 would create a new Rule 1.17 of the Rules of Professional Conduct that would permit a retiring lawyer, the guardian of a disabled lawyer, or the estate of a deceased lawyer to dispose of the assets and goodwill of a practice under certain conditions.
In commentary, the Rules Committee noted that the proposal "contemplates the issue of valuation with numerous aspects of a lawyer's practice, including but not limited to the physical attributes, forms and operating systems that may have been developed, and the general operations of the business."
It added: "This may also include a recognition that ongoing businesses have intangible value." Reference was made to the question of whether goodwill has value in the transfer of a law practice that may be "a matter for negotiation between the parties and is not prohibited hereinunder."
In addition to the ISBA proposal, the committee will review a Model Rule 1.17 that is under consideration by the American Bar Association. It is part of the model rules package that was adopted June 19 by the ISBA Assembly (ISBA Bar News, July 2004, page 3).
Establishment of a Rule 1.17 of the Illinois Rules of Professional Conduct would necessitate amendments to Rules 5.4(a)(2) on Professional Independence of a Lawyer; 5.6(a) on Restrictions on the Right to Practice, and 7.2(b) on Advertising. They also will be reviewed during the hearing.
The Rules Committee also has docketed four other proposals for discussion Sept. 10. They are:
Proposal 00-13: Amends Rule 237, Compelling Appearances of Witnesses at Trial. Included is new section (c), Notice of Parties at Expedited Hearings in Domestic Relations Cases.
Proposal 04-01: Amends Rule 23, Disposition of Cases in the Appellate Court.
Proposal 04-11: Amends Rule 604, Appeals from Certain Judgments and Orders. Language on decertifying a prosecution as a capital case would be added to (a)(1) When State May Appeal.
Proposal 04-16: Creates new Rules 900 through 908, 921 through 925, 941 and 942. All are related to Article IX, Child Custody Proceedings, as recommended by the Special Supreme Court Committee on Child Custody Issues.
Rules 900 to 908 comprise Part A, Rules of General Application to Child Custody Proceedings.
Rules 921 to 925 cover Part B, Child Custody Proceedings Under the Illinois Marriage and Dissolution of Marriage Act and the Illinois Parentage Act of 1984.
Rules 941 and 942 describe Child Custody Proceedings Under Articles II, III and IV of the Juvenile Court Act of 1987.
General Practice seminar to open fall CLE series
A preliminary schedule of fall ISBA Law Ed Series seminars has been announced by the Committee on Continuing Legal Education. The dates and topics follow.
Friday, Sept. 17, 1 to 5 p.m. Truth or Consequences: A Practitioner's Guide to Criminal Dispositions and Collateral Consequences (General Practice, Solo and Small Firm Section); Par-a-Dice Hotel, East Peoria.
Friday, Sept. 17, 12 noon-1:15 p.m. Stark Law Phase II Regulations (Health Care Section); ISBA Chicago Regional Office.
Wednesday, Sept. 22, 12 noon to 2 p.m. Effective Representation Before the Illinois Department of Human Rights: Useful Tips to Advocate Successfully for Your Clients (Labor and Employment Law Section); Illinois Education Association, Springfield.
Monday, Sept. 27, 9 a.m. to 4:30 p.m. Family Law Update: Unconventional Topics in Family Law (Family Law Section); Radisson Hotel, Bloomington.
Monday, Oct. 4, 9 a.m. to 4:30 p.m. Family Law Update: Unconventional Topics in Family Law (Family Law Section); Chicago Athletic Assn.
Friday, Oct. 8 Estates and Trusts Potpourri (Trusts and Estates Section); ISBA Chicago Regional Office.
Friday, Oct. 22 Estates and Trusts Potpourri (Trusts and Estates Section); Crowne Plaza Hotel, Springfield.
Friday, Oct. 22, 1 to 5 p.m. Truth or Consequences: A Practitioner's Guide to Criminal Dispositions and Collateral Consequences (General Practice, Solo and Small Firm Section); ISBA Chicago Regional Office.
Friday, Oct. 29 What Every Lawyer Should Know About Intellectual Property (Intellectual Property Section); Radisson Hotel, Bloomington.
Friday, Oct. 29 Trial Techniques: Terence F. MacCarthy on Cross Examination and Impeachment, a Master Series program; UBS Tower Conference Center, Chicago.
Thursday, Nov. 4 Real Estate Law Update (Real Estate Law Section); Radisson Hotel, Bloomington.
Friday, Nov. 5 Eligibility for Government Programs for General Practitioners: What You Need to Know to Represent Your Client (General Practice, Solo and Small Firm Section); ISBA Chicago Regional Office.
Friday, Nov. 5 Trial Techniques: Terence F. MacCarthy on Cross Examination and Impeachment, a Master Series program; Holiday Inn, Collinsville.
Friday, Nov. 12 What Every Lawyer Should Know About Intellectual Property (Intellectual Property Section); ISBA Chicago Regional Office.
Friday, Nov. 12 2004 Federal Tax Conference (Federal Taxation Section); Radisson Hotel, Bloomington.
Thursday, Nov. 18 Real Estate Law Update (Real Estate Law Section); University of Chicago Gleacher Center, downtown Chicago.
Friday, Dec. 3 Hanging Out Your Shingle (Without Hanging Yourself) for New or Would-be Solo or Small Firm Lawyers (General Practice, Solo and Small Firm Section); ISBA Chicago Regional Office.
Fee schedule announced
Registration fees for ISBA members are $115 for full-day seminars ($100 if made at least a week in advance) and $90 for half-day seminars ($80 up to a week in advance). Members of sponsoring sections will receive $10 discounts from these fees.
Legal services attorneys will be admitted at no charge. First-year newly admitted lawyer fees are $15 for full days and $10 for half-days. Non-member lawyers and non-lawyers will be charged $215 for full days and $165 for half days.
ISBA conference to help lawyers enhance careers
A Career Development Conference for lawyers at any career stage, from recent admittee to seasoned professional, will be conducted from 5 to 9 p.m. Tuesday, Sept. 14, at the Marriott Downtown Hotel, Chicago, by the Illinois State Bar Association
Participants will obtain assistance from career development professionals on advancing and enhancing legal careers. The conference format will include panel discussions, individual presentations and information booths.
In addition to a comprehensive educational program, the event will provide networking opportunities with leaders of the legal community who are potential employers. Hors d'oeuvres and refreshments will be served.
Among topics that will be discussed are Making a Successful Lateral Move, Advancing Your Career and Practice Through Professional Coaching, Understanding and Benefiting from Contract and Project Work, and Using Placement Services to Advance Your Career.
Interested lawyers should sign up soon, as space is limited. Registration fees are $10 if made before Sept. 10, and $15 if made later. A registration form is accessible at the Web site, www.isba.org. Conference materials will be available by e-mail for those who are unable to attend.
Board elects officers, fills three vacancies
The ISBA Board of Governors elected a secretary and a treasurer without opposition during its meeting July 16 in Chicago. They are Secretary Stephen M. Komie of Chicago and Treasurer Richard W. Zuckerman of Peoria.
The board also elected Mauro Glorioso of Westchester to the Cook County vacancy caused by the election of Joseph G. Bisceglia as third vice president. A past chair of the ISBA Assembly Agenda and Program Committee, Glorioso finished fourth in the recent election for three board seats.
Two Assembly vacancies have been filled by the board. Seated are Brian Leeds Bower of Charleston in the 5th Circuit, and Helen E. Ogar of Bloomington in the 11th Circuit.
Scope and Correlation
The Board of Governors elected seven of its members to the Committee on Scope and Correlation on July 16. The committee, which is chaired by Second Vice President Irene F. Bahr, automatically includes Third Vice President Joseph G. Bisceglia and past president Terrence J. Lavin.
Joining them are Howard W. Feldman of Springfield, Keith E. Fruehling of Urbana, Mark D. Hassakis of Mt. Vernon, Michele M. Jochner of Chicago, John G. O'Brien of Arlington Heights, John E. Thies of Urbana and Richard W. Zuckerman of Peoria.
Bar Foundation Board
Seven members of the Illinois Bar Foundation Board of Directors were seated July 16 by the ISBA Board of Governors. Among them are ISBA board members Michele M. Jochner and Richard W. Zuckerman, who were appointed by President Ole Bly Pace III as at-large IBF board members.
1st District John W. Damisch of Chicago was re-elected, and Russell W. Hartigan of Chicago was elected to succeed David B. Sosin, who was not eligible to continue serving.
3rd District Elizabeth L. Jensen of Peoria was re-elected.
4th District Howard W. Feldman of Springfield was elected to succeed William A. Peithmann, who was not eligible to continue serving.
5th District Jack Carey of Belleville was elected to succeed George R. Ripplinger, who was not eligible to continue serving.
The Supreme Court Rules Committee on Sept. 10 will hear comments on amendments to Rule 23, Disposition of Cases in the Appellate Court, that were proposed by a 22-member Special Supreme Court Committee to Study Supreme Court Rule 23 (see related story on page 1).
Specifically, the amended rule would require that "Opinions of the court shall be published in printed form and have precedential value."
Section (a) would be supplemented with a new part (3), which adds to the criteria for disposing of a case by opinion, "when a concurring or dissenting opinion is proposed to be filed unless the panel unanimously decides otherwise."
Section (b) would stipulate that "written orders entered after the effective date of this amended rule shall be made available electronically to the bar and the public."
In amended section (e), while a "written order of the court is not precedential," it may be cited "to support contentions of double jeopardy, res judicata, collateral estoppel, law of the case, and ... as persuasive authority." Persuasive authority is defined as meaning "the decision carries some weight but is not binding on a court."
Finally, in section (f), "The appellate court may grant or deny any motion to publish. In the event the Supreme Court relies on factual recitations made in a written order, (it) may in its discretion direct that the written order be published in printed form."
The special committee's proposed amendments to Rule 23 were outlined by its co-chairs during an April 29 meeting of the Appellate Lawyers Association in Chicago.
ISBA past president Timothy Eaton of Ungaretti & Harris, Chicago, and Appellate Justice Thomas R. Appleton of the 4th District told the appellate lawyers that the recommendations were sent to the Supreme Court on July 31.
The Rules Committee apparently did not include for discussion the special committee's proposal to rescind the limits imposed in a 1994 administrative order on the quantity of opinions each appellate district may publish in a year and the 20-page maximum number of pages in each opinion.
Easy ISBA access with new card
Have you ever wondered where in the world your membership number is? Search no more.
The Illinois State Bar Association is now issuing membership cards to make it easier to sign up for services such as E-mail Case Digests, to access the members-only parts of the ISBA Web site, or to request products and services by telephone.
All members who have paid dues for the July 1, 2004, membership period will receive membership cards in four to six weeks. First-year complimentary members will also receive cards.
"We will be creating cards for most members in the next few months," said Douglas Barringer, director of administrative services. "Initially, we may have a bit of a bottleneck, but we'll soon be sending them out monthly as members pay their dues."
The card is a punch-out in a letter-sized sheet that includes the member's basic data on one side, and ISBA information on the other. Members are asked to carefully check the data and, if needed, update or correct the information and return it by mail in the furnished envelope, or by fax.
"Keeping up-to-date member records is important for both the member and the ISBA," said Isolde Davidson, director of marketing and membership. "Accurate data help us provide appropriate and timely services. For the member, it means not missing out on any of the member benefits available on request to dues-paying members.
"And, of course, having one's member number handy will make it faster and easier to access those benefits," she added.
Trial technique classes resume Sept. 14 in CRO
The fall semester of weekly classes of Fred Lane's Trial Technique Institute will begin Tuesday, Sept. 14. Prospective participants are invited to attend the opening session at no charge.
The 90-minute presentations take place at 5:15 p.m. Tuesdays in the ISBA Chicago Regional Office. The complete nine-month course consists of 54 hours of learning and practicing the finer points of trial practice.
Each session is videotaped so participants can review them to observe improvements in voice and manner. Those who miss a class may arrange to watch the tape of it in the ISBA office.