ISBA Assembly debates court rule proposals
The ISBA Assembly voted Dec. 11 to oppose creation of an Illinois Supreme Court rule that would apply new procedures in the certification and litigation of class actions.
A hearing on proposed Rule 225, initiated by several corporations and business associations, will be conducted Monday, Jan. 24, in Chicago by the Supreme Court Rules Committee.
The Assembly also discussed another rule proposal that would require all Illinois attorneys to report annually on participation in pro bono legal services to the indigent, but would not require performance of pro bono representation.
The proposal was to be discussed at the Supreme Court Rules Committee hearing this month, but ISBA President Ole Bly Pace III told Assembly members that Justice Thomas Kilbride had agreed to postpone it for further study by the bar.
Law student positions are added to Assembly
A five-year pilot program to add 13 seats on the ISBA Assembly for student representatives from affiliated law schools was adopted at the Dec. 11 meeting.
Effective in July 2005, one law student each will be elected at Chicago-Kent College of Law, The John Marshall Law School, University of Illinois, University of Illinois, University of Notre Dame, and DePaul, Loyola, Northern Illinois, Southern Illinois, Valparaiso, St. Louis and Washington Universities.
Each law student Assembly member would have full voting privileges as long as he or she is enrolled in a law school or until succeeded by another student in a subsequent election.
Other December action
The Assembly adopted the 2005 ISBA legislative package that was approved in November by the Board of Governors (ISBA Bar News, December 2004, page 1).
The Assembly approved a preliminary six-month budget of $75,000 for development of a state bar image advertising campaign to promote the services of ISBA member lawyers.
Futurist provokes thought for bar conference action
By Stephen Anderson
"He's going to raise your blood pressure," George F. Mahoney said as he introduced Florida futurist Charles Robinson at the opening plenary of the ISBA Future of the Courts Conference on Dec. 9 in Chicago.
True to form, Robinson followed with dire warnings that the future of the legal profession depends on developing conceptual changes and a sharper understanding of competitive influences.
He chided lawyers for their historic allegiance to stare decisis - conducting practices the way they have always been conducted - as an exercise in "walking through life backwards."
The "real threat" to lawyers and law firms is irrelevance, Robinson said, noting that "agility and resilience are the survival skills" that need to be acknowledged and implemented.
He suggested developing a mindset away from litigation and toward problem solving, and facing the fact that the new definition of "client" should be "customer" in a service-oriented world.
With some disdain for law firm mergers into bigger but not necessarily better institutions, Robinson used the recent coupling of Sears and K-Mart as an example of "two dinosaurs mating in hopes that the offspring will be gazelles."
Robinson's presentation was followed by a discourse from Loyola University Prof. Kenneth M. Johnson on demographic and economic trends that may have impacts on the legal profession.
Among the graphs and charts Johnson projected was a pie chart showing that of every dollar billed by a law firm, only 59 cents becomes lawyer income. Expenses include 19 cents for support staff and paralegals, and 22 cents for office and equipment leases, supplies, etc.
Recommendations compiled
After the provocative plenary session, the 60 invited conference participants broke into smaller groups to evaluate the issues and make recommendations.
They were reconvened Dec. 10 by Joliet attorney George Mahoney, who chaired the conference planning committee. As Mahoney read each of the 61 recommendations, the conferees voted "yes" or "no" electronically.
The comparative results were flashed instantly as bar graphs on a projection screen. Some of the most strongly supported recommendations follow.
* 91.4% said the ISBA should continue to aggressively prosecute the unauthorized practice of law to protect the public.
* 91.3% said the ISBA should engage in a comprehensive marketing program to teach the public about the role and need for a lawyer.
* 82.2% said the ISBA should educate the public about the added value of using the services of a lawyer.
* 85.4% said the ISBA should better market its Lawyer Referral Service to the public.
* 93.7% said the ISBA should develop informational pamphlets and electronic products that are easily understood by the public.
* 91.1% said the ISBA should publicize pro bono and other volunteer activities that lawyers undertake.
* 93.4% said the ISBA should continue to promote civility, ethics and competence through all possible means.
* 93.6% said the ISBA should provide members with information and educational opportunities on technology.
* 90.9% said the ISBA should support a mentoring program that is coupled with practical skills training.
* 87.0% said the ISBA should encourage judges to be more efficient in employing case management techniques that include the use of technology.
* 87.2% said the ISBA should support the provision of additional resources for the operation of Illinois trial courts.
Web site, ISBA 'wizard' clarify Capitol capers
More than 120 new Illinois laws passed by the 93rd General Assembly went on the books Jan. 1. The process starts all over again with the 94th General Assembly on Jan. 12.
The behind-the-scenes discussionsthe legislative historyof these new laws and the ones to come can be important to the success of the practicing attorney. That's where the ISBA can help, and in more ways than one.
The place to start researching legislative history is on the ISBA Web site's "Illinois Legislative Info" page. There you'll find at least two sections that will help you get started.
They are "Legislation FAQs: Helpful legislative research pointers" and "Researching Legislative History: Detailed guidance from the Legislative Reference Bureau and the Illinois Supreme Court Library," both with links.
But if you still can't find what you're looking for, as an ISBA member you have the benefit of calling the Legislation Department, headed by Jim Covington, and receiving real-time assistance.
For example, Ryan B. Werner of Arlington Heights was working on a business litigation matter. His recent call to the department helped him find the transcripts he needed, both online and in a Chicago library.
"Jim Covington's the wizard behind the green curtain when it comes to all things legislative," Werner said. "I learned more from Jim than I ever did in law school."
A member of ISBA since he was admitted last year, Werner said he's called for research help before and wasn't disappointed. "Every member should be using ISBA 's legislative services. Jim and his staff are just great."
For ongoing information about important actions at the State Capitol this winter and spring, you can sign up for ISBA's Legislative Alerts news service by e-mail.
And be sure to read Covington's monthly report on legislative topics in his ISBA Bar News column, Capitol Chronicle, appearing on page 3 of each issue.
For a wealth of Internet links on everything from House, Senate and committee calendars to the full texts of statutes and legislation, go to the ISBA legislation page at www.isba.org. It's all free, easy to use, and exclusively for ISBA members.
Pro bono reporting rule is on hold
By Stephen Anderson
A proposed Illinois Supreme Court rule that would require each registered attorney to report the number of hours and types of pro bono legal service provided has been withdrawn from the agenda for the court rules committee hearing on Jan. 24.
ISBA President Ole Bly Pace III informed the ISBA Assembly on Dec. 11 that Supreme Court Justice Thomas L. Kilbride had agreed to defer the hearing on creation of a new Rule 6.1 of the Illinois Rules of Professional Conduct.
"We have not had adequate time to look at the proposed rule," Pace told Assembly members. "The intent is to have our own rules committee review the proposal and to confer with the chair of the Special Supreme Court Committee on Pro Bono Legal Service."
He added that changes and clarifications could be made subsequently to the rule proposal, which would come back to the Assembly in June for further consideration.
Pace expressed his appreciation to Kilbride for deferring the proposal to permit full and informed professional discussion within the ISBA review process, and to allow the court's special committee to participate in the discussions.
"We recognize that now we have both the opportunity and the responsibility to thoughtfully consider and comment on the proposed rule," Pace said. "We will be able to do the Supreme Court, the special committee and the rules committee a much greater service this way."
Proposal 04-20 for creation of Rule 6.1 would ask each registered attorney to provide at least 20 hours of volunteer representation annually or contribute $250 to a legal aid organization. It also would establish a standing committee on pro bono legal service to the poor (Rule 6.5).
While the proposal states that a lawyer has a professional responsibility to render pro bono legal services and participate in other pro bono activities relating to the legal needs of the poor, it stipulates that the responsibility is "aspirational rather than mandatory," and that failure to participate "will not subject a lawyer to discipline."
Committee commentary identifies alternate ways that an attorney may fulfill his or her pro bono responsibility, such as providing free legal service to charitable, religious, community or other organizations that "are designed primarily to address the needs of persons of limited means."
A lawyer need not conduct an investigation to determine whether a pro bono client is eligible for free assistance, but should rely on a good faith determination. "Legal services written off as bad debts do not qualify as pro bono service," the commentary notes.
Corollarily, Rule 756 would be amended by inserting a new paragraph that refers to Rule 6.1 and requires an annual report of pro bono activities by each registered Illinois attorney.
Exceptions would be members of the judiciary or judicial staffs; government lawyers prohibited from providing legal services by statute, rule or regulation; retired or inactive attorneys.
Failure to provide a pro bono service activity report would subject an attorney to removal from the master roll and withdrawal of authorization to practice law.
ISBA election filing period to end Feb. 15
The filing period for ISBA election nominations is under way and will continue through Tuesday, Feb. 15. Candidates may file for third vice president, for seven seats on the Board of Governors, and for 26 seats on the Assembly.
The election of a third vice president, who will become ISBA president in 2008, is limited to candidates from the four judicial districts outside of Cook County.
The board seats of two incumbents under the age of 37 - Keith E. Fruehling of Urbana and Michele M. Jochner of Chicago - are up for election. Fruehling is eligible for an additional three-year term.
Of the four Cook County board seats, only two incumbents are eligible for re-election. They are Mauro Glorioso of Westchester and John G. O'Brien of Arlington Heights.
Board members Stephen M. Komie and Enrico J. Mirabelli, both of Chicago, have served the maximum number of terms and may not be re-elected.
Incumbent governor Mark D. Hassakis of Mt. Vernon is eligible for re-election to represent Area VII (1st, 2nd and 4th Circuits).
Of the 26 Assembly seats in Cook County that will be contested next spring, 10 are currently held by members who are not eligible for new terms.
Ballots will be mailed first class by April 1, and must be returned by May 10.
A panel presentation for law students and recent graduates, "Finding Your Path to Success from the Minority and Women Perspective," will take place from 6 to 8 p.m. Thursday, Feb. 10, at the Chicago-Kent College of Law.
Sponsors are the ISBA Committee on Minority and Women Participation, and the Asian Pacific American, Black and Hispanic-Latino Law Student Associations.
ISBA committee chair Jorge L. Montes, who chairs the Illinois Prisoner Review Board, heads a panel that will review strategies for success in law firms, government law positions and non-traditional legal jobs.
Panel moderator is committee member Andrew P. Fox, who also is a member of the Prisoner Review Board. A former assistant Cook County state's attorney, he was president of the National Hispanic Prosecutors Association.
Other participants are Cook County Judge Patricia Holmes, a former state and federal prosecutor; Amy Tu, assistant corporate secretary and counsel for the Boeing Law Department Finance and Government Practice Group, and Jesse H. Ruiz, a partner in Gardner, Carton & Douglas who chairs the Illinois State Board of Education.
After introductions, the program will follow with three discussion issues: plans while still in law school, getting your first job, and making your first career move. A reception will follow.
There is no charge to attend either the program or reception, but reservations should be made by calling Phyllis Lester at (312) 726-8775.
Nominations of candidates for the annual ISBA General Practice Section Tradition of Excellence Award will be accepted through Friday, April 1.
Submissions should be mailed to Janet M. Sosin, Illinois State Bar Association, Suite 900, 20 S. Clark St., Chicago, Ill. 60603.
The award will be presented Friday, June 17, during an ISBA Annual Meeting luncheon at The Abbey on Lake Geneva. The recipient must be able to attend.
Open to ISBA members with at least 20 years of experience as attorneys or judges, the Tradition of Excellence Award recognizes contributions in