"The dirty little secret in Washington is the trial lawyers have a few Republicans in their pocket."
Quote in the Washington Post attributed to an unnamed Republican close to President Bush, predicting federal lawsuit reform may be difficult to enact in this Congress
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"MY MOTHER'S DEATH WAS NOT FRIVOLOUS!"
Sign held up at a news conference attended by medical malpractice victims and their families in Collinsville, the day before President Bush's appearance there
Editor
Splendor in the grasp
It takes a cataclysm of some magnitude to effect change. Building codes are more rigid in earthquake zones, and construction is limited on floodplains.
We have installed after-the-fact magnetometers in airports, courthouses, even some schools, and at last, the State Capitol, and there is movement toward mandatory sprinkler systems in high-rise office buildings and condominiums.
Seismographs have been quivering in the legal community, and among the pundits who monitor the bench and bar, since diverse interests bet almost nine million dollars on the election of a justice of the Illinois Supreme Court.
Could this have been the tremor that precedes an eruption of molten interest in a better way of seating members of our judiciary? Is an opportunity within our grasp to raise appointive selection as a reasoned alternative?
There can be no quarrel with the caliber of Lloyd Karmeier, who won the election. A host of people who have professed to prefer election over appointive selection, however, may be waking up to the reality that outside interests can influence local elections.
An estimated $5.4 million was paid on behalf of the two Supreme Court candidates for some 7,500 television commercials alone. Gordon Maag likely was defeated by an advertising barrage, not a groundswell of edified voters. His defamation lawsuit is evidence that he may think so.
The specter of big bucks trumping small blocs of voters now looms darkly over future elections of judges and legislators. If you think not, you didn't read the letter from the president of the Illinois State Chamber of Commerce that was published in the Dec. 7 issue of the Chicago Sun-Times.
"The Illinois Chamber praises voters for supporting candidates who will bring moderation back to our judicial system and compromise back to Springfield," says Douglas Whitley.
"We thank voters for stating loud and clear that if the existing fraternity can't clean up its act, we are prepared to elect new leaders... Hopefully our state's political leaders heard these important messages and will be more receptive to changing their ways," he vows.
In other words, play ball with us or we'll cut off your bat. Whitley neglected to mention that the U.S. Chamber of Commerce poured a reported two million dollars into the campaign of the candidate it felt might be more amenable to business interests.
More than a smudge on the image
It is absurd, we may hope and trust, that a justice of our Supreme Court could be tainted in this manner. But the impression is out there among the people that special interests influenced this election for special reasons.
ISBA President Ole Bly Pace has decried this "very real risk that the public's necessary confidence in the independence of our courts will be damaged by these politicized campaign tactics," though "both candidates in this race were qualified and honorable."
Erstwhile journalist Mike Lawrence, who heads the SIU Public Policy Institute that Paul Simon pioneered, observed that "the two veteran judges were cast as pushovers for creeps, corporations and greedy lawyers in a fusillade of TV commercials that mangled their rulings and undoubtedly left residents ... convinced that either of these robed rogues would taint the judiciary's top tier."
Even Justice Karmeier, in his inaugural remarks last month, admitted that the election campaign "did not lend itself well to the judiciary." He expressed hope for a system in which "the independence of the judiciary is not questioned because of the campaigns judges are required to run."
So did Ole Pace: "It is time that we deal with the obvious flaws in our system and adopt a merit selection and retention system that serves the true interests of our citizens, not the special interest groups."
And so did Mike Lawrence: "No process is perfect and devoid of politics. But we cannot continue to tolerate what we now have in Illinois, a rotting system that is becoming smellier with each election cycle."
Evidence beats reasonable doubt
It seems ironic that appointment processes have generally succeeded in strengthening the bench at its lowest (associate judge) and highest (federal judge) levels. Yet the status of the middle circuit and district judiciary relies on the whims of a lay electorate.
The 1970 Illinois Constitutional Convention reached out for merit-based selection of judges. The ISBA, other bar associations and discerning news media have reached out for an appointive system on many occasions in the past two decades.
If enough influential people can be convinced that an $8.5 million judicial election is a microcosmic cataclysm, perhaps a meritorious change is within coactive grasp.
It's never too late to make law office resolutions
By Paul Sullivan
It's a new year and always a good time to make those needed corrections in the management of your practice.
Two years ago, John W. Olmstead of St. Louis, a member of the ISBA Law Office Management and Economics (Standing Committe on) Council, published an article titled "New Year's Resolutions and Recommendations."
His recommendations are as good today as they were in 2003. With his permission, we are sharing it again as new year's resolutions for 2005.
Take a serious look at the firm's present position in the marketplace. Review financials, compare against financial ratios, compare with both firm past history and against law firm benchmarks.
Examine how well the firm is competing. Is the firm too dependent on a narrow base of clients? Is the practice at risk? Conduct a client survey and obtain client feedback, both on firm performance and on possible unmet needs and opportunities. Consider a comprehensive management review.
Formulate business goals and develop a strategic business plan as a roadmap for the future. Design and simplify business reports designed to measure the goals identified in the strategic business plan. Strive for a one-page summary as the primary report.
Require all timekeepers in the firm to submit personal one-page business plans that in addition to outlining goals for the year provide fee revenue goals with an element of stretch. The goals should have a stretch component but yet be realistic and attainable.
These plans should be approved by the firm's executive committee, managing partner or the partnership.
In all of our client engagements, we typically discover that the root cause of most problems is poor internal and external communications. Poor client service, staff competency and morale, interoffice conflict and client defections typically can be traced back to poor communications.
Work on improving internal communications with firm personnel and external communications with clients and prospective clients. Devise systems to improve communications and implement properly.
Yes, you have to have meetings now and then. If a meeting is required, conduct it properly; use agendas and take minutes. Use your e-mail systems. Match the richness of the communication method with the nature and depth of the message to be communicated.
Improve relationships with your clients. In a recent survey by the American Corporate Counsel Association and Altman & Weil, 56% of all chief legal officers indicated that they have fired or were considering firing outside counsel in 2002, compared with 62% in 2001.
Each year, "lack of responsiveness" has been the number one reason for dissatisfaction. Find ways to focus the firm and foster accountability from all.
Undertake a few projects at a time that can be realistically accomplished. Delegate tasks across the firm. All firm personnel should have marketing responsibilities - from the receptionist to the senior partners and everyone else in between.
Databases must be maintained. Newsletters and articles must be written. Presentations must be given. Clients must be wined and dined. There is work for everyone.
Law firms must adopt management structures that enable them to act decisively and quickly. Structures that do not support such a culture must be replaced.
Come to grips with the fact that times are changing and law firms are going to have to change and reinvent their firms dramatically in the next few years.
Don't forget to submit your questions on the operation of your law office directly to me by e-mail at sullivan@qjhp.com. I'll respond directly to you. If your question has wide appeal, we may even include it in a future column.
Karmeier wears robe of mentor for installation
When Lloyd A. Karmeier of Nashville was sworn in Dec. 6 as 5th District justice of the Illinois Supreme Court, he wore the robe that once belonged to his mentor, Byron O. House, a justice from 1957 until he died in 1969.
After graduation from the University of Illinois College of Law, Karmeier was a law clerk to House from 1964 to 1968. He also was an associate and later a partner in the Nashville firm that was established by House's father.
In addition to 18 years as a 20th Circuit judge, Karmeier was Washington County state's attorney, as House had been. He is the first Republican justice to be elected in the 5th District since House.
The oath of office was administered by retiring interim Justice Philip J. Rarick, who had completed the term of Moses W. Harrison II. Among speakers at the ceremony were Justice Rita B. Garman and ISBA President Ole Bly Pace III.
11th Circuit elects chief
Judge Elizabeth Robb of Bloomington continued her string of judicial achievements last month when she became the first female chief judge of the 11th Circuit. In 1993 she was the first woman to be appointed an associate judge, and in 2000 the first woman elected to the circuit court.
Robb succeeds John Freese, who retired in December after 22 years on the 11th Circuit bench, 10 as an associate judge and 12 as a circuit judge.
New judges are installed
Former U.S. attorney and Jackson County public defender Charles Grace was sworn in last month as a judge of the 1st Circuit Court in Murphysboro.
James Kinzer of Watseka has been appointed to the 21st Circuit associate judge vacancy caused by the death in October of David Youck. Kinzer has been an assistant public defender and attorney for six municipalities in Iroquois County.
Other new associate judges include Jennifer Bauknecht in the 11th Circuit, and Robert P. Brumund and Michael J. Powers in the 12th Circuit.
Retiring judge honored
Cook County Associate Judge Sam L. Amirante retired Dec. 30 after 16 years, mostly in the 3rd Municipal District, and has opened a law office in Schaumburg.
Amirante will be honored Wednesday, Jan. 19, by the Northwest Suburban Bar Association during a dinner at Magnum's Steakhouse in Rolling Meadows. Call (847) 259-7908 for reservations.
Prosecutor is promoted
Assistant DuPage County state's attorney Thomas Franklin Downing has been named chief of the Civil Bureau after nine years as deputy chief. The position had been vacant since the 2003 elevation of Nancy Wolfe to first assistant to State's Attorney Joseph E. Birkett.
Appellate fees raised
The filing fees for civil appeals in the 1st District of the Illinois Appellate Court have been raised from $25 to $100. The fees for appearances are up from $15 to $50. The increased funds will be used to support a pilot civil case settlement program.
Judicial code printed
"Annotated Model Code of Judicial Conduct," a new publication from the American Bar Association Center for Professional Responsibility and Judicial Division, is a practical analysis of judicial ethics rules and related cases and opinions.
Copies may be obtained by calling (800) 285-2221, and requesting product code 2150005. The cost is $75, or $56.25 for ABA center and division members.
Judges Association honors nine members
Nine members of the Illinois Judges Association were honored Dec. 10 during its annual convention in Chicago. The awards were presented by Cook County Judge John O. Steele, president, at a joint luncheon with the Illinois State Bar Association.
Two IJA past presidents, 1st District Appellate Justice Mary Jane Theis and Cook County Judge Stuart A. Nudelman, received Lifetime Service Awards.
A third Lifetime Service Award was presented posthumously in memory of 21st Circuit Judge David A. Youck, developer of the IJA Web site, who died Oct. 12.
Five Cook County associate judges received President's Service Awards, including IJA second vice president Jesse G. Reyes. Others are Grace G. Dickler, Daniel T. Gillespie, Helaine L. Berger and Michael W. Stuttley.
Retired appellate justice R. Eugene Pincham also received a President's Service Award.
New Zealand trip tops travel slate
ISBA President Ole Bly Pace III will lead a travel program in New Zealand from March 5 to 18 that is coordinated by Carrousel Travel (ISBA Bar News, December 2004, page 15).
The land package price of $2,990 includes 11 nights in fine hotels, daily breakfasts, four lunches, five dinners, private coach tours with experienced guides, and the services of a travel escort.