2 June 05 Bar News

Titled "Don't Just Survive Thrive!" the presentation is planned by the ISBA General Practice, Solo and Small Firm Section to explore success for law firms through increasing revenues, overcoming stress, and establishing effective management and practical planning techniques.

California attorney Jay Foonberg and Florida management specialist Dustin Cole are among the presenters who will put a wide range of topics into perspective.

Foonberg is the author of the popular American Bar Association guidebook, "How to Start and Build a Law Practice." Cole is the founder of the Attorneys Master Class, an organization that helps practitioners enhance skills in law practice management and growth strategy.

Exhibitors of practice-related products and services will be on hand to explain the features of their innovations during the opening reception and conference break periods.

Registration fees through Sept. 1 for ISBA members are $195 for the first person from a law firm and $175 for each additional registrant. After Sept. 1, the fees are $225 in advance and $250 on site. The non-member fee is $450 per person.

Facilities at Pheasant Run include a golf course, tennis courts, indoor swimming pool, a spa, multiple restaurants, a theater and entertaining nightlife. A free Kids Klub program is planned.

Additional details will be announced in future issues of the ISBA Bar News and on the ISBA Web site, www.isba.org.

The 'gentleman from Sterling'

The contributions of retiring ISBA President Ole Bly Pace III of Sterling were extolled in the following resolution that was adopted May 13 by the Board of Governors during a meeting in Springfield.

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WHEREAS, the President of the Illinois State Bar Association is called on to represent all facets of the legal profession in Illinois, furthering the interests of the members of the Association, and assisting the public in better understanding the role of law in society; and

WHEREAS, Ole Bly Pace III came to the job of President with a determination to address the uppermost concerns in the eyes of our members, especially the economics of the practice of law; and

WHEREAS, he organized and led the ISBA Future of the Profession Conference, a multi-disciplinary approach to planning for issues and challenges that will confront the profession in future years, including the initiation of a planning process to manage ISBA's response to future developments; and

WHEREAS, he oversaw the 2004 Membership Law Firm Economic Benchmarking Survey, the first survey of the economics of law practice in Illinois in more than 20 years, and used the results to press for increased awareness among lawyers about the business side of the profession; and

WHEREAS, President Pace directed the formation of ISBA's effort to monitor the tone and conduct of election campaigns for appellate and supreme court; and

WHEREAS, he was a vigorous advocate for the legal profession and the system of justice in the media and in other public forums, and took the lead in promoting the role jurors play in ensuring that justice is done in our courts; and

WHEREAS, he was an effective spokesman on the perennial issue of medical malpractice and provided to the Illinois legislature a detailed study of the medical malpractice and tort reform system of Illinois conducted by a respected researcher; and

WHEREAS, throughout his year as President and during many orior years of service to the Illinois State Bar Association, he has earned a reputation as a consummate professional and "the gentleman from Sterling";

NOW, BE IT RESOLVED that the Board of Governors of the Illinois State Bar Association recognized Ole Bly Pace III for his many outstanding accomplishments on behalf of the Association, and further, that it expresses its fondness and gratitude to Sheryl Pace for her long support and involvement in the Association.

Assembly to review pro bono reporting rule revisions

A revised pro bono legal service reporting rule that addresses concerns of the practicing bar will be considered by the ISBA Assembly during its semi-annual meeting Saturday, June 18, at the Abbey Resort.

The revisions, drafted by a subcommittee of the ISBA Committee on Supreme Court Rules, were adopted May 13 by the Board of Governors and forwarded to the Assembly for its consideration.

ISBA Third Vice President Joseph G. Bisceglia, who chaired the subcommittee, called the new proposal "a compromise that is weighted for lawyers." He said that it "boils down to answering two questions" on the annual attorney registration form, taking "no more than three minutes."

Pursuant to amendment of Rule 756, one question would ask whether the attorney has "provided pro bono legal services in the past 12 months" (yes or no), and if so, how many hours?

The second question would ask whether the attorney has "made a monetary contribution to any charitable organization that provides legal services to the poor or which provides support to such organizations" (yes or no), and if so, how much?

The chief concern with reporting pro bono service has been that it might be "a slippery slope to mandatory pro bono," Bisceglia said. However, both the ISBA subcommittee and the Supreme Court's Special Committee on Pro Bono Publico Legal Service "soundly and overwhelmingly reject and oppose" mandatory pro bono and don't expect that position to change.

The subcommittee agreed with the concern that creating a new Rule 6.1 would add an unnecessary aspirational goal for pro bono service to the disciplinary code. Bisceglia pointed out that the statement on pro bono in the preamble to the Illinois Rules of Professional Conduct is adequate.

The subcommittee also agreed that the court committee's definition of pro bono is "too limited and should be broadened."

The proposed revision would add to the definition "the provision of legal service rendered to a person of limited means when, although the matter may have begun as a paying matter, the lawyer expects and receives no further compensation and voluntarily continues to represent the client."

Pro bono also would apply to "provision of legal services to a person of limited means when a lawyer is appointed by a court to represent said person for a reduced fee and the fee is set by the judge or established by rule or statute."

Finally, the subcommittee recommended that pro bono service information collected by the Attorney Registration and Disciplinary Commission be maintained only "in the aggregate."

Further, "no information on any individual attorney's pro bono contributions be retained or made available to anyone after the data is aggregated."

The goal of the court's proposal is to encourage pro bono activity and financial contributions to legal aid organizations, and to gather information that may help to secure legislative support for funding legal services.

The original Supreme Court rule proposal to require each registered attorney to report the number of hours and types of pro bono legal service provided had been scheduled for hearing by the rules committee on Jan. 24.

Justice Thomas L. Kilbride agreed to defer the hearing after President Ole Bly Pace III asked for an opportunity to permit full and informed professional discussion within the ISBA review process.

"We have not had adequate time to look at the proposed rule," Pace told the Assembly in December. "The intent is to have our own rules committee review the proposal and to bring suggested changes and clarifications to the Assembly in June for further consideration.

"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."

Reports to be provided

Also on the June 18 Assembly agenda are reports from the President Ole Bly III and President-elect Robert K. Downs, and a summary from legislative counsel Daniel L. Houlihan on ISBA-sponsored bills and other recent action by the Illinois General Assembly, which adjourned May 31.

Informational material will be provided by the Illinois Bar Foundation, the ISBA Mutual Insurance Co., the Lawyers Trust Fund of Illinois, and the Lawyers' Assistance Program.

Image campaign planned to help public discern

When asked in the 2003 membership survey what professional issues the ISBA should be addressing, members ranked "public image of lawyers" as the top priority, followed by unauthorized practice of law and "helping lawyers succeed economically."

Combating unauthorized practice has been a focus of ISBA activity for several years. Last December, the Assembly approved creation of a standing Committee on Strategic Marketing for Illinois Lawyers to address the issues of public image and the economics of the practice.

"Lawyers face competition from do-it-yourself software, forms merchants and non-lawyers on the Internet, making it important that we develop a consistent message to the public that there is value in having a lawyer," said Carl R. Draper of Springfield, co-chair of the committee.

The committee will report at the Assembly meeting June 18 on a proposed paid-media campaign to improve public confidence in lawyers. Planned advertising would direct the public to the ISBA telephone number and on-line lawyer referral service.

Richard W. Zuckerman of Peoria, the other co-chair, said, "We will be reporting to the Assembly that it is time ISBA launches a major and continuous effort to promote the use of a lawyer.

"For it to be done right, we will recommend that paid marketing should become a permanent part of ISBA's budget," he added.

The committee will provide a preliminary report on a research-and-development strategy for a professional, market-tested campaign designed to enhance the image of the ISBA and Illinois lawyers, and to encourage greater use of attorneys for legal matters.

Family law seminar has focus on elderly clients

"Family Law for the Elderly Client" is the focus of a Family Law Section seminar that will be presented from 9 a.m. to 4:15 p.m. Friday, June 17, at The Abbey on Lake Geneva.

Program coordinators and moderators are Gregory A. Scott of Scott & Scott, Springfield, a member of the Family Law Section Council, and Roza B. Gossage of Belleville, an associate member. The schedule follows.

9 a.m. - The Dying Client in Dissolution Matters: Do You Proceed or Not? with Howard W. Feldman, a member of the ISBA Board of Governors, and Kelli E. Hillis, a member of the Civil Practice and Procedure Section Council, both of Feldman, Wasser, Draper & Benson, Springfield.

9:45 a.m. - Pensions and the Elderly Divorce Client, with William J. Scott Jr. of Beck, Houlihan & Scott, Wheaton.

10:45 a.m. - Legislative Update, with Adrienne W. Albrecht of Sacks, Albrecht & Gubbins, Kankakee, a member of the Family Law Section Council and past chair of the Committee on Legal Technology.

11:15 a.m. - Special Needs Trust, Use of Said Trust and/or Annuities in Planning for the Elderly Client, with Janna S. Dutton of Chicago, a member of the Elder Law Section Council.

12 noon - Luncheon period.

1 p.m. - Transfers Between Spouses: Look-back Rules and the Impoverished Spouse, Medicaid and Medicare, How to Advise Your Clients, with Steven C. Perlis of the Elder Law Office of Stevedn C. Perlis & Associates, Arlington Heights.

2 p.m. - Case Law Update, with Enrico J. Mirabelli of Nadler, Pritikin & Mirabelli, Chicago, a member of the ISBA Board of Governors.

3 p.m. - Retirement: How Does It Affect Your Support and Maintenance Obligations, with Timothy M. Daw of Schiller, DuCanto & Fleck, Wheaton.

3:45 p.m. - Top 10 Worst and Best Stories Regarding Elder Clients, with ISBA Assembly member Alan Pearlman of Northbrook and Pamela J. Kuzniar of Kalcheim, Schatz & Berger, Deerfield, both members of the Family Law Section Council.

Five sections are sponsors of General Practice Update

The General Practice, Solo and Small Firm Section update seminar during the ISBA Annual Meeting is co-sponsored by the Family Law, Criminal Justice, Tort Law, and Civil Practice and Procedure Sections and the Young Lawyers Division.

The ISBA Law Ed Series program will take place from 8:45 a.m. to 4 p.m. at The Abbey on Lake Geneva. The coordinator is an assistant Cook County state's attorney Julie Ann Sebastian, a member of the ISBA Assembly, General Practice Section Council and Bench and Bar Section Council, and associate newsletter editor for the Administrative Law Section.

Moderators are section council past chair Michele M. Jochner, a member of the ISBA Board of Governors and administrative assistant to Chief Justice Mary Ann G. McMorrow of the Illinois Supreme Court, and Cook County Judge Edna Turkington-Viktora, co-editor of the section newsletter. The schedule follows.

8:45 a.m. - Electronic Discovery: What is discoverable, the scope of permissable discovery, and discovery conflicts. The speaker is John L. Nisivaco of Lavin & Nisivaco, Chicago, secretary and newsletter editor of the Tort Law Section Council.

9:30 a.m. - Update on Probate Issues: Living wills, advance directives, powers of attorney, the Terry Schiavo issue, and disposition of a will when the solo practitioner holding it dies. Speakers are James F. Dunneback of Orland Park and Bernard Wysocki of Wysocki & Smith, Waukegan, a member of the ISBA Assembly and General Practice Section Council.

10 a.m. - Update on Criminal Law: Recent court decisions and legislative enactments, with Matthew A. Maloney of Pierson, Maloney & Rayfield, Princeton, secretary of the General Practice Section Council and member of the Criminal Justice Section Council.

10:30 a.m. - Criminal Records Relief: Expungement, sealing, certificates of rehabilitation, and executive clemency, with assistant Cook County public defender Maryam Ahmad of Chicago.

11 a.m. - Update on Family Law: Recent case law and legislative developments, with Anne M. Martinkus of Erwin, Martinkus & Cole, Champaign, a member of the General Practice Section Council.

11:30 a.m. - Update on Grandparent Visitation: Recent court decisions and legislative enactments, with Michael K. Goldberg of Goldberg & Goldberg, Chicago, a member of the General Practice Section Council.

12 noon - Luncheon period.

1 p.m. - Bankruptcy from the Practitioner's Perspective: The impact of changes in the Bankruptcy Code, with Sumner A. Bourne of Rafool & Bourne, Peoria, a member of the Commercial, Banking and Bankruptcy Law Section Council.

1:30 p.m. - Update on Changes to the Bankruptcy Clode: An overview of emerging issues, with Judge Jacqueline P. Cox of U.S. Bankruptcy Court for the Northern District, Chicago.

2 p.m. - Update on Real Estate Law: Recent major court decisions, legislative enactments and emerging issues, with John G. O'Brien of Arlington Heights, a member of the ISBA Board of Governors and founding president of the Illinois Real Estate Lawyers Association.