Consider using a moderator team - a moderator and a recorder. The moderator, typically the administrator, the managing partner, or an outside consultant, is primarily concerned with directing the discussion, keeping the conversation flowing, and taking a few notes.
The recorder, on the other hand, takes comprehensive notes, operates the tape recorder, handles the environmental conditions and logistics (refreshments, lightening, seating, etc.), and responds to unexpected interruptions.
Recording the discussion
A recorder should be appointed. All ideas obtained by the brainstorming focus group should be recorded by either tape recorder or written notes, which are essential. Often ideas are initially listed on flip charts and later converted to written notes.
The note taking should not interfere with the spontaneous nature of the session. Notes should be as complete as possible.
We are frequently asked questions pertaining to a variety of management topics by readers and clients alike. Some of these questions are posted on our Web site, in an Asked and Answered Section, at www.olmsteadassoc.com/ Resource/oacforum.asp
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John W. Olmstead, a member of the ISBA Committee on Law Office Management and Economics, is president of Olmstead & Associates, Legal Management Consultants, based in St. Louis. He may be contacted with questions by e-mail at jolmstead@olmsteadassoc.com
7th Circuit Bar, Judiciary slate annual conference
The 7th Circuit Bar Association will hold its 54th annual Judicial Conference from Monday and Tuesday, May 23-24, at the Marriott Downtown Hotel, Indianapolis. The theme is "Litigating Post-Enron/Post-Booker: Issues for the 21st Century."
Highlights include remarks by U.S. Supreme Court Justice John Paul Stevens at the Monday dinner, and a State of the 7th Circuit speech by Chief Judge Joel M. Flaum at the Monday luncheon. To register, visit the Web site www.7thcircuitbar.org.
The conference will be opened at 9 a.m. Monday by Judge Flaum and Patricia Polis McCrory, association president. Morning presentations are Pattern Civil Jury Instructions: Their Impact on Civil and Bankruptcy Cases, and Electronic Case Filing: Best Practices.
Keynote luncheon speaker is deputy U.S. attorney James B. Comey. Afternoon breakout sessions will begin at 1:30 p.m. The topics are:
Civil: Class Action Litigation Under Federal Rule of Civil Procedure 23; Criminal: Sentencing Guidelines and Recent Rulings; Bankruptcy: "New" Bankruptcy Reform Act.
A panel discussion, "Corporate Compliance in the Post-Enron Era," will follow at 3:30 p.m., with Judge Frank H. Easterbrook of the Court of Appeals as moderator.
Tuesday morning programs are Emerging Issues in Biotech/Medical Devices, and New Legislation on Victim's Rights in Criminal Proceedings.
At 12 noon, the 7th Circuit judiciary and bar will conduct their annual business meetings. The conference will conclude with a judicial reception and dinner.
Women's Bar of Illinois
A panel discussion on "Making Your Own Rain: Getting and Keeping Clients" will be presented by the Women's Bar Association of Illinois during a luncheon Wednesday, May 18, at the Chicago Bar Association.
Speakers are Susan Benton-Powers of Winston & Strawn, Stacey Y. Dixon of Baxter International, Kerryann M. Haase of Michael Best & Friedrich, and Mary Ann Hynes of IMC Global.
Service awards will be presented to past president Sharon Eiseman, Kerry Peck and Elizabeth Wells for their work on the Task Force on Issues Affecting Women as They Age. Call (312) 341-8530.
Chicago Volunteer Legal
A free seminar for pro bono attorneys on interviewing techniques for guardians ad litem will be conducted at 12:15 p.m. Wednesday, May 18, by the Chicago Volunteer Legal Services Foundation. Staff attorneys Patty Nelson and Michael Bergman are speakers for the program in suite 900 at 100 N. LaSalle St.
The CVLS Harold I. Levine Center for Housing will present a free training session on landlord-tenant law from 2 to 5 p.m. Tuesday, June 7, at the ISBA Chicago Regional Office. Call Peter Ashmore at (312) 332-1688.
Northwest Suburban Bar
"Linking You to Efficiency," a practice resource and technology show, will be conducted by the Northwest Suburban Bar Association from 5:30 to 8:30 p.m. Wednesday, May 18, at Meridian Banquets, Rolling Meadows. Call (847) 259-7908.
Breakout sessions are Adobe Acrobat for Lawyers: Get Ahead of the Game, Family Law Motion Practice: How the Counties Differ, Technology Made Easy, and Electronic Bankruptcy Filing.
Illinois CLE Institute
The faculty for the 48th annual Estate Planning Short Course of the Illinois Institute for Continuing Legal Education on Thursday and Friday, May 19-20, at the Holiday Inn, Urbana, includes two ISBA section council members.
Thomas J. Pauloski of Winston & Strawn, Chicago, a member of the Federal Taxation Section Council, will discuss Disunification of GSTT and Gift Tax Exemptions. James M. Lestikow of Hinshaw & Culbertson, Springfield, who serves on the Trusts and Estates Section Council, will review Drafting and Funding Trusts with Liquid Assets.
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The IICLE and Illinois Municipal League will co-sponsor the seminar, "Municipal Law and Litigation: Developments, Trends and Winning Strategies," on Wednesday, June 8, at the UBS Tower Conference Center, Chicago, and Wednesday, June 15, at the Holiday Inn, Urbana.
George F. Mahoney III of Mahoney, Silverman & Cross, Joliet, a member of the ISBA Committee on Legislation, is moderator for the Chicago program.
Speakers at both programs include John H. Brechin of Addison, member of the Local Government Law Section and Committee on Legislation, and Sharon L. Eiseman of Hodges, Loizzi, Eisenhammer, Rodick & Kohn, Arlington Heights, who serves on the Committee on Women and the Law and the legislation committee.
Howard W. Feldman of Feldman, Wasser, Draper & Benson, Springfield, a member of the ISBA Board of Governors, and Thomas W. Kelty of Armstrong-Teasdale, Springfield, are among the Urbana speakers.
Call (800) 252-8062 for registration details or to obtain notices of other IICLE seminars.
SIU School of Law
"The Medical Malpractice Crisis: Is There a Solution?" seventh annual Health Policy Institute will be conducted from 9 a.m. to 4 p.m. Friday, May 20, by The Center for Health Law and Policy at the Southern Illinois University School of Law, Carbondale.
After introductions by Law Dean Peter C. Alexander and Theodore R. LeBlang, professor of medical jurisprudence and past chair of the ISBA Health Care Section Council, morning discussions will be moderated by Law Prof. W. Eugene Basanta, Health Care Section newsletter editor.
The topics are Health Literacy and Human Dignity: Testing the Limits of the Tort System in the Midst of a Cultural War, and Malpractice Reform: Does Fairness Matter?
The luncheon speaker is William H. Freivogel, an attorney and deputy editorial page editor for the St. Louis Post-Dispatch, on the topic of Is "Tort Reform" Really Reform?
Afternoon discussion topics are No-Fault Compensation in New Zealand: Any Lessons for the United States? and Medical Malpractice: What Do We Actually Know?
Co-sponsors are the SIU School of Medicine Department of Medical Humanities and the Paul Simon Public Policy Institute. Call (618) 453-8636.
Public Defenders
The Illinois Public Defender Association will conduct its spring seminar on Friday and Saturday, May 20-21, at the Radisson Hotel, Bloomington.
Welcoming remarks by IDPA President Randall B. Rosenbaum, Champaign County public defender and member of the ISBA Criminal Justice Section Council, and McLean County public defender Amy Davis will open the program at 1 p.m. Friday.
Afternoon topics are: federal and state case law with David Bergschneider; digital evidence accuracy with Larry Meyer; Department of Human Services and unfit clients with Joel Abramovitz, and expungement developments with Jennifer Walsh.
Cook County Judge Daniel M. Locallo of the ISBA Criminal Justice Section Council will be keynote Friday dinner speaker. Awards will be presented during the dinner.
At 9:15 a.m. Saturday, assistant Cook County public defender Stephen W. Baker of the ISBA Criminal Justice Section Council will give a legislative update. A roundtable discussion on current concerns will follow until 12 noon adjournment.
For registration details, call Daniel D. Yuhas at the Office of State Appellate Defender, (217) 782-3654.
Attorneys' Title
ATG Trust Co., a subsidiary of Attorneys' Title Guaranty Fund, will conduct a free program on "Starker Exchanges: Learn How to Help Your Clients Increase Wealth Using Tax-deferred Dollars," with trust officer Hugh Pollard, from 9 a.m. to 12 noon Wednesday, May 24, at the Marriott Hotel, Oak Brook. Call (800) 252-5206, ext. 2130.
Corporate Counsel
The Chicago chapter of the Association of Corporate Counsel will conduct two programs on Tuesday, May 24, at the East Bank Club, Chicago. Call (815) 464-8336 to register.
"Actions Against Your Company: The In-house Counsel Response" will be discussed from 2 to 5:15 p.m. "Two Can Play That Game: Corporate Recovery Opportunities" is the topic after a 6:15 p.m. dinner.
From 8:45 to 11:45 a.m. Wednesday, May 25, "Actions Against Your Company" will be repeated as a Breakfast in the 'Burbs program at McDonald's Campus, Oak Brook.
Lake County Bar
The Lake County Bar Association will conduct a combination civil trial and appeals seminar (9 a.m.) and golf outing (12 noon) Wednesday, May 25, at the Grand Geneva Resort, Lake Geneva, Wis. Call (847) 244-3143.
Topics include Legislative Update: Attack on Civil Justice, Private Mediation/Arbitration vs. Pre-trials in Pending Litigation, Cook County Practice for the Lake County Practitioner, and Mistakes Even Good Lawyers Make.
Cook County Bar
Wendy J. Muchman, litigation group manager for the Attorney Registration and Disciplinary Commission, will speak at 12:30 p.m. Thursday, May 26, in the Cook County Bar Association Lecture Series on Ethics and Professionalism in the sixth floor conference room at 188 W. Randolph. Call (312) 368-0213.
Kane County Bar
The Kane County Bar Association will conduct a seminar on "Essential Technology for the Modern Law Office" from 3 to 5 p.m. Thursday, May 26, at Riverside Receptions, Geneva. A reception will follow. Call (630) 762-1915.
A KCBA labor and employment law seminar, "Meet the Agencies," will take place from 11 a.m. to 2 p.m. Thursday, June 9, at the County Judicial Center, St. Charles. Lawyers from several federal and state agencies will speak.
DePaul University
The DePaul University Center for Dispute Resolution will conduct a one-day course in Advanced Family Mediation: Domestic Violence and Other Impediments at Barat on June 1. Call Diane Collison at (312) 362-6312.
Trial Advocacy
The National Institute for Trial Advocacy will present a Taking and Defending Depositions Program from Wednesday to Friday, June 1-3, at the Loyola University School of Law. Call (800) 225-6482.
Chicago-Kent College
The 24th annual Conference on Not-for-Profit Organizations will take place from 8:50 a.m. to 4:45 p.m. Friday, June 3. The faculty sponsor is Prof. Philip N. Hablutzel. Call (312) 906-5090.
John Marshall Law
The John Marshall Law School Center for Tax Law and Employee Benefits will conduct a symposium on "Hot Topics in Employee Plans" from 8 a.m. to 5 p.m. Wednesday, June 15. Call Barry Kozak, (312) 472-2737, ext. 524.
by Gertrude Block
Q:Does the clause "used for commercial purposes," in the following excerpt, modify both trucks and vehicles or only vehicles? "No trucks or vehicles used for commercial purposes, may be parked in open view."
A:Because the punctuation is faulty, it is impossible to decide the intent of the drafter. The sentence should have either two commas or no commas, not just one comma. Had the intent been to bar both trucks and other vehicles that are used for commercial purposes from parking in open view, no commas should have been used. The sentence would then have read, "No trucks or vehicles used for commercial purposes may be parked in open view."
But if the drafter intended to bar all trucks, but only other vehicles that were used for commercial purposes, the drafter should have placed two commas into the sentence, one after the word "trucks" and one after the word "purposes." Doing so would have permitted vehicles that are not used for commercial purposes to park, but would have barred all trucks. The sentence would then have read, "No trucks, or vehicles used for commercial purposes, may be parked in open view."
Although this may seem to be nitpicking, the presence or absence of commas may bring legal consequences, for the grammatical rule is also a legal rule, called the doctrine of the last antecedent. The legal rule is stated in Sands, Sutherland Statutory Construction, 4th edition, Volume 2A, Section 47.33, and in the pocket part, 1984 Cumulative Supplement, at 68-69. In summary, it states that referential and qualifying words are assumed to modify the closest antecedent, unless contrary intention appears (and commas would indicate contrary intention).
Courts have applied this rule, even when the intent of the drafter was clearly against the finding. For example, in T. I. McCormack Trucking (298 F.Supp.39) a provision in an ICC certificate granted the plaintiff permission to transport non-inflammable liquids, with some named exceptions:
* . . ..between points in Connecticut, Pennsylvania, New Jersey, and New York within 100 miles of Columbus Circle, New York, N.Y, on the one hand and on the other, points and places in Connecticut, Delaware, Maryland, Massachusetts, Pennsylvania, New Jersey, New York and Rhode Island.
Applying the doctrine of the last antecedent, the court held that because the words "New York" immediately preceded the qualifying