Illinois lawyers give to hurricane relief
As local governments and federal agencies struggle to assist survivors and begin the massive task of cleaning up after Hurricane Katrina, the legal profession is focused on restoring the process of justice.
State and federal courts in lower Louisiana and Mississippi remain shut down indefinitely, and thousands of lawyers have lost their offices, resources and client files. Law schools are closed, and recent bar examination results may have been destroyed.
Emergency disaster funds have been established by state bar associations and their foundations in four affected Gulf Coast states, and the Illinois State Bar Association and Illinois Bar Foundation are funneling contributions to them from lawyers in this state.
On just the first working day after ISBA President Bob Downs and IBF President Russell K. Scott announced the joint "Katrina Legal Relief Fund" on Sept. 2, $5,605 was collected. The total is mounting daily as bar members respond generously.
"We need to look ahead to the great challenges the legal system will face when the waters recede and several million people try to reclaim their lives," Downs said. "The court systems will be confronted with a backlog of matters involving public assistance and unmet legal needs."
Because bar foundations are committed to support only improvements in the administration of justice, the money that they collect must be earmarked "to ensure a justice system is in place to deal with untold legal issues that will arise for hurricane victims," Scott pointed out.
There are several ways that tax-deductible contributions can be made. Checks may be mailed to: Illinois Bar Foundation, 424 S. Second St., Springfield 62701. Credit card donations may be made by phone to (800) 252-8908 or through the Web site, www.isba.org.
In his appeal, Downs expressed his "hope and belief that it is lawyers who, as they have done in the past, will rise in unified support for our system of justice."
Other needs addressed
Thousands of individuals who have been forced to leave states affected by Hurricane Katrina are relocating to the Chicago, Springfield and Alton areas, according to Red Cross officials. Many will have questions about legal rights.
The ISBA has been asked by the Red Cross to provide lawyer volunteers, when requested, who can explain the issues involved in insurance claims, mortgage payments and other typical consumer matters.
So far, the ISBA has been able to provide enough volunteers when asked, but members throughout the state should be alert to needs of evacuees in their communities. The ISBA and other bar associations may have to request additional assistance.
The ISBA Young Lawyers Division is seeking Illinois lawyers who are licensed in the affected states to answer specific phone inquiries from victims. To volunteer, call John Nisivaco, district YLD respresentative for Illinois and Indiana at (312) 499-4545.
ISBA Legal Department staff members are compiling information about available relief programs to help lawyers in counseling disaster victims. A manual is in the process of being published and will be posted on the ISBA Web site.
The possibility that lawyers who become displaced from the Gulf Coast states may relocate in Illinois is being addressed by the ISBA through its online Career Center that pairs applicants with appropriate employment opportunities.
Law firms may participate by accessing www.isba.org and clicking on the Legal Career Center icon along the right side of the home page. Then click on Employers Services, select "Post your company profile" and follow instructions.
Job postings, usually subject to charges, will be free for this initiative as long as the need continues. At the Credit Card prompt, enter "Katrina" as the name, 12 zeroes for the card number, and the date of posting as the expiration date. Put "Katrina Opening" in the job description field.
Bill signed; it's one more victory in war with UPL
A new tool in the Illinois State Bar Association's continuing effort against the unauthorized practice of law was realized Aug. 22, when an amendment of the Attorney Act was signed by the governor.
The previous section prohibiting compensation for legal services to a person who is not a registered attorney was amplified by language providing that no unlicensed person may "advertise or hold himself or herself out to provide legal services."
The penalty for a violation, when a complaint is filed, is a finding of contempt of court .
Senate Bill 1883 (now Public Act 94-0659, 705 ILCS 205/1) will take effect Jan. 1. It was unopposed in the Senate and adopted by the House in a vote of 111 to 4.
Previous ISBA challenges to incidents of compensation for unauthorized practice have been resolved in lengthy court proceedings, but the strengthened Attorney Act extends UPL restrictions to misleading advertisements. The most recent ISBA court victory came in March, when a 17th Circuit judge ordered a Rockford paralegal to stop preparing court documents (ISBA Bar News, May 2005, page 9).
ISBA Third Vice President Jack Carey, who chairs the ISBA Task Force on the Unauthorized Practice of Law, said then that the state bar association "has taken an aggressive stance to protect the public against non-lawyers who attempt to practice law."
He added that "When people buy services from a non-lawyer who doesn't understand the complexity of a situation, it is more than the individual's legal rights that are forfeited. The broader concern, and rightfully so, is the loss of faith by all citizens in our entire system of justice."
Solo, Small Firm Conference Oct. 7-9 offers varied CLE
Sign up today for "Don't Just Survive: Thrive!" the inaugural ISBA Solo and Small Firm Conference. The family-oriented continuing legal education opportunity is scheduled Friday through Sunday, Oct. 7 to 9, at the Pheasant Run Resort in St. Charles.
Registration fees for ISBA members are $225 in advance and $250 on site. The non-member fee is $450 per person. Additional details may be accessed on the ISBA Web site, www.isba.org.
Starting at 1 p.m. Friday, registration will begin and exhibitors of practice-related products and services will open their informational booths.
The first plenary session, at 3 p.m. Friday, will be conducted by Jay Foonberg, California author and founder of the American Bar Association Section on Law Practice Management. His remarks on "How to Practice Law Profitably and Successfully from Womb to Tomb" will set the tone for the conference.
Concurrent sessions will follow at 5 p.m. on: Can You Hear Me Now? Using VOIP and Blogs to Communicate; Practical Alternatives for Billing and Fee Agreements; How to Deal with Client-Related Nightmares.
A reception for participants and families will follow from 6 to 9 p.m. in the exhibit area.
After continental breakfast at 7 a.m. Saturday, Foonberg will return at 8 a.m. with a one-hour program on "Putting Happiness Back into a Successful Law Practice." Concurrent morning sessions will follow.
At 9 a.m.: Computer Boot Camp for Lawyers: MS Word Tips and Tricks; The Lawyer's Guide to Getting and Keeping Good Clients; Everything You Want and Need to Know About the New Bankruptcy Law.
At 10:30 a.m.: Computer Boot Camp: MS Excel Tips and Tricks; Business Organization 101: What Business Entity Makes Sense for Your Law Firm?; Sorting Through the Thorny Maze of Search, Seizure and Suppression Cases.
At 11:30 a.m.: Electronic Discovery: The Good, the Bad and the Ugly; Strategic Planning: Something Your Practice Cannot Thrive Without; How to Thrive in the Practice of Real Estate Law.
During the 12:30 p.m. luncheon, Arizona business management strategist Dustin Cole will discuss "Nine Marketing Keys to Your Best Year Ever." Concurrent afternoon sessions will follow.
At 2 p.m.: Surviving the Malpractice Jungle: Using Case Management to Find Your Way; Setting Benchmarks: No Business Plan Succeeds Without Measuring Success; The Cutting Edge in Family Law Practice: Use of Computer Software and Internet Resources in Winning Your Case.
At 3:30 p.m.: It's All About the $$: Time and Billing for the Small Office; Strategic Planning Workshop: Practical Application for Your Practice; While You Thrive, Protect Your Clients, Yourself and Your Family.
At 4:30 p.m.: Taming the Paper Tiger: Scanning, Imaging and Document Management for the Small Office; Strategic Planning Workshop continues; Practical Tips for Basic Enforcement of Judgments.
The Sunday program will begin at 8 a.m. with continental breakfast and the program, Gizmos, Gadgets and Widgets, a review of new and interesting technology products.
From 9 a.m. until 12 noon adjournment, Dustin Cole will discuss "How to Maximize Revenues from Your Time, Talents and Team."
ISBA President Bob Downs and CBA President Michael B. Hyman will be co-recipients of the Carl H. Rolewick Award during the 25th anniversary dinner of the Lawyers' Assistance Program.
They will be honored Friday, Oct. 28, during the event in the Empire Room of the Palmer House Hilton, Chicago, with Supreme Court Justice Thomas R. Fitzgerald as keynote speaker. Cook County Associate Judge Daniel G. Welter will receive the John Powers Crowley Award.
Entertainment will be provided by the Robert Jennings Trio and the "Best of the Christmas Spirits Show." Tickets are $100. Call (312) 726-6607 for reservations.
LAP was founded by the ISBA and CBA primarily to assist impaired judges, attorneys, law students and their families in recovery from substance dependency through peer counseling and interventions.
The program also helps protect the interests of clients from harm caused by impaired attorneys, and provided educational information to the legal profession as to the causes of and remedies for impairment.
LAP has operated with financial independence since the bar associations succeeded in establishment of funding through action by the Illinois Supreme Court and state legislature. Each registered attorney contributes $7 per year through the registration process.
A governing board, appointed by the Supreme Court, is headed by Appellate Justice Warren D. Wolfson of Chicago. The staff includes executive director Janet Piper Voss in Chicago and associate director Joseph Bartylak in Alton.
We practice law to serve society, not to be loved
ISBA Senior Counsellor Robert C. Strodel of Peoria reflected recently on his 50-year career and offered these observations about the honor and privilege of being a lawyer. Click on "Senior Counsellors" in table of contents for more stories about Strodel and other 50-year members who will be honored Oct. 19.
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Talking about life in 1898, Mr. Justice Holmes wrote: "The important thing is how you do your job and not how you feel about it afterwards... Have faith and pursue the unknown end."
To practice law in our times requires pursuing "the unknown end." Obtaining the academic credentials to even qualify for the practice is a giant hurdle. To live with the strain of constant dealing with people's problems (forsaking your own) is learned only day by day, year by year.
The practice is demanding. The varieties of human pathos and need are endless. How endless one's personal involvement is depends on stamina and a will to achieve in the life of a lawyer. Others' needs take precedence in the life of a lawyer.
Too often, we forget the honor and privilege of being allowed to use the courts and be part of the everyday lives of people. To understand the daily pressures of practice, and to withstand them, is paramount to survival in a career.
The reputation of the person called "lawyer" is a key to success, or abject failure. If one looks to be "loved" as a practitioner, forget it! We are not in business to be loved, but to serve in the framework of society and our own respective talents.
Just when one thinks he knows something about law practice - or, indeed, the law - then is the time to learn rudely how little one knows. Such times call on one's whole nature and inner strength.
Years of training and experience are the key to the lock, but they do not open the door. The individual must turn the handle and push. If one cannot stand the heat, then get out of the kitchen! Success one minute, and failure the next, is part and parcel of legal practice.
There is no end to shades of experience. The law is the compendium of past and present. Failure is the bitter wine of life. Success is the sweet smell of accomplishment and the molding of the legal being.
As you hurry to a bar association meeting or a law-related event via an Illinois expressway this fall, remember to smile. You may be on candid camera.
The letter you receive subsequently from the state police will not be a compliment to your driving ability. Enclosed will be notification of a fine of up to $1,000 and possible loss of driving privileges.
This is part of a joint effort of the state police and the Illinois Department of Transportation to target careless drivers who fail to heed construction work zone speed limits, endangering the lives of workers, passengers and other drivers.
State troopers are being deployed in vans equipped with cameras to record clear images of vehicles and their drivers, their speeds and registration plates.
First-time work zone speeders will be fined $375, with $125 of it allocated to pay off-duty troopers who provide additional enforcement in construction and maintenance zones. Two-time offenders may be fined $1,000 and lose their licenses for 90 days.
A driver whose vehicle hits a construction worker is subject to a fine of up to $10,000 and 14 years in jail. A state police official emphasized that a zero-tolerance approach will apply to speed limit violators in work zones.
Students generate justice in 1964 civil rights deaths
By Stephen Anderson
On the day that a community eulogized a man who helped spark the civil rights movement, the Illinois State Bar Association honored three young women whose efforts brought closure to one of its most deplorable incidents.
Chicago publisher John H. Johnson, who died Aug. 8 and was memorialized a week later, has been credited with galvanizing support for an end to centuries of denial to black Americans of rights and privileges of citizenship.
In his Jet magazine, in 1955, Johnson published a photograph of maimed teenager Emmett Till in his coffin, showing to a horrified world an incident of racial prejudice and persecution that had slithered to a fatal extreme.