CONTENTS

Articles

* Illinois lawyers give to hurricane relief

* Bill signed; it's one more victory in war with UPL

* Solo, Small Firm Conference Oct. 7-9 offers varied CLE

* LAP honors bar presidents

* We practice law to serve society, not to be loved

* Read it, heed it

* Students generate justice in 1964 civil rights deaths

* Trial techniques series under way

* Hayward chaired ABA evaluation of court nominee

* ABA delegates rejects limits on terms, but 4 lose seats

* Foundation funding will help clinic expand volunteer list

* Women's suffrage program to benefit service project

* Bar Foundation honors 'rare individual' William Quinlan

* 2006 Laureate search begins

* Oct. 19 lunch to honor 137 Senior Counsellors

* SENIOR COUNSELLORS

* Called to duty? ISBA can assists

* Lawyer's duty as driver results in injuries

* Two appointed to IBF board

* Governors convene in Spring Green

* Fall ISBA Law Ed Seminars

* ISBA sponsors humanities panel

* October mediation skills program date a week later

* Careers of former governors reviewed at Lincoln Museum

* Cat memorialized as blameless for sparking blackout

* CLE deadlines set

* Attorney elected head of NCCUSL

* Music has held more charm for Edward Benyas than law

* 'Eyes on Abuse' is benefit for aiding children

* Lawyers win one for cancer, doctors lose $700 verdict

* Football coach speaks to CBA

* Malpractice mediation plan cited in Congress

* Access statutes on press agenda

* Kane County to honor Thomas

Features

* On the web at www.isba.org

* Capitol chronicle

* Leading the way

* Attributions

* Hearsay

* The Lawyer's Office

* Circuit shorts

* Seminars

* Language tips

* Bon voyage

* Bookings

* Associations

* Curriculum

* Transition

* Epilogue

For lawyers who don't have favorite conduits for financial contributions, the ISBA and the Illinois Bar Foundation are involved in a cooperative effort to funnel disaster funding to bar foundations in Louisiana, Mississippi, Alabama and Florida for timely distribution where help is needed most.

As President Bob Downs observed, "it will be up to the legal community to ensure the continuation of a justice system that provides fair and compassionate relief for the shattered lives left in the wake of the storm."

You can help the tired, the poor, the tempest-tossed in areas where access to legal aid and reliance on law enforcement are tenuous. Check the state bar Web site, www.isba.org, for help in deciding how to participate. Do it early, and often.

Hearing a dissident drummer

Possibly in calculated retribution against states that have challenged its supreme authority over college-level sports, the NCAA has made a cannonball dive into the troubled waters of symbolic nomenclature.

Earning no points for degree of difficulty, the regulator of intercollegiate athletics has decreed that all graphic references to Native Americans be erased from the uniforms of participants in NCAA-sanctioned tournaments, beginning next February.

Along with the egregious nicknames of "Savages" and "Redmen," and the benign monikers of "Braves" and "Indians," the ban applied to schools that use appellations of respect for actual tribes such as Chippewas and Choctaws.

It seemed more than coincidental that the list included the "Illini" of our state university, and the "Seminoles" of Florida State, two institutions funded by legislatures that once had the audacity to question the rules by which the NCAA investigates and punishes alleged violators.

Then the NCAA adroitly backtracked on "Seminoles" after some hasty homework (and threat of a lawsuit) revealed a "unique relationship" between the school and the tribe that included mutual respect and support. But since no "Illini" tribe exists, or ever did, the predicament here persists.

Back on Sept. 12, 1991, Illinois Gov. Jim Edgar signed into law a Collegiate Athletic Association Compliance Enforcement Procedures Act (110 ILCS 25/1-13) that was similar to legislation that had been adopted in Florida, Nebraska and Nevada.

The Illinois act, introduced by 21 concerned state representatives, called for basic juridical principles to apply to collegiate inquisitions ­ things we take for granted like due process, clear and convincing evidence, open hearings, written records, right to counsel and discovery, and timely conclusion within six months.

The bill was a reasoned response to the unreasonable tactics endured by the University of Illinois during an 18-month NCAA probe of violations in recruiting a varsity basketball player. Counsel were never able to confront the accuser. If the 1991 act had been on the books, the process could have been terminated by a court injunction.

The NCAA was disappointed, to say the least, when it learned it would have to play by different rules in those states where due process laws applied. The director of enforcement whined that schools here could "cheat with impunity... It'll be a sanctuary for them."

Fourteen years later, the NCAA has created its own sanctuary in the form of sanitized tournaments where no detail it deems polemically incorrect ­ as in "hostile and abusive racial/ethnic/national origin mascots, nicknames or imagery" ­ may be seen.

Once again an omnipotent bureaucracy has attempted to influence a decision that clearly is the prerogative of university trustees, one way or the other.

The process of achieving consensus is vexing enough without interference from belligerent outsiders. They only toughen the resolve of those who are faithful to the traditions.

Lawyer'sOffice

Tips for the small firm on increasing business

By John W. Olmstead


Without an effective infrastructure, marketing at a law firm, at a practice group or on an individual level is virtually impossible. Here are a few essentials.

Someone should be assigned to coordinate the marketing activities of the firm. In a large firm, a marketing director and a team of marketing professionals are typically employed. A small firm may appoint a focal person, such as the administrator, office manager or responsible attorney or secretary.

A firm identity plan should be used consistently in all external communication and collateral marketing materials, such as letterhead, business cards, Web sites, PowerPoint presentations, brochures, newsletters, press releases, media kits, seminar handouts, etc.

This plan should differentiate and reflect the image of the firm in marketing materials and a content-driven Web site for a database that facilitates easy updating. Content such as articles, case studies and recent verdicts should demonstrate the unique capabilities of the firm.

TIP #1: Don't copycat. Brand yourself. Look for ways to differentiate yourself and your firm from competitors. Become the only attorney who can do what you do. Make a decision: What do you want to be known and remembered for? Unique services, unique client groups, different service delivery strategy, personal style? Create a five-year plan for accomplishment of goals.

TIP #2: Launch a program to obtain feedback on client needs, opportunities and quality of law firm services. A follow-up and problem-resolution system must be part of the program.

TIP #3: Create a culture and environment for the firm. Marketing and client service need to be incorporated. All attorneys and staff should have roles in marketing. Senior partners must walk the talk, and consistently build and reinforce marketing goals. Action plans should be formulated, and team members held accountable. Over time a marketing mindset will emerge.

TIP #4: Provide marketing training and coaching for attorneys and staff.

TIP #5: Improve time-management skills of everyone in the firm.

TIP #6: Establish daily marketing goals and measure personal results on a daily basis. Analyze successes and failures.

TIP #7: Get out of the office. Visit a client's place of business once a month.

TIP #8: Write an article every other month.

TIP #9: Take a client to lunch once a week.

TIP #10: Improve your communication skills with clients and office teammates.

TIP #11: Prepare and submit press releases monthly to clients, prospective clients, media and the general legal community.

TIP #12: Learn how to be solutions-oriented, and become a consultant to your clients as opposed to simply their attorney. Solutions may involve activities and services other than legal services. Think outside of typical frameworks in which you are comfortable.

TIP #13: Explore the feasibility of ancillary businesses.

TIP #14: Get your newsletter on track and on a consistent basis (at least quarterly). Send it via e-mail.

TIP #15: Join a client's trade association and make contributions in the form of articles, speeches, conference attendance, etc. Learn the client's business from top to bottom.

TIP #16: Establish a library that includes general materials on marketing as well as specific publications related to your client's business.

TIP #17: Institute quarterly client service/marketing brainstorming sessions. Break the rules. Encourage all members in the firm to innovate. Look for new ways to solve client problems. No topic should initially be considered out-of-bounds.

TIP #18: Consider using a client advisory council. Once a year, hold a client advisory council forum in which the firm solicits feedback from clients.

TIP #19: Create a new client niche and market your unique experiences intensely. Strive to develop a national reputation in the niche.

TIP #20: Focus your marketing on no more than two or three key practice areas in which you can differentiate yourself.

Circuitshorts

Federal filings to be electronic after Sept. 30

Chief Judge Charles P. Kocoras of U.S. District Court for the Northern District has signed a general order that mandates electronic filing for most matters in Chicago and Rockford after Sept. 30.

The district conducts training classes on filing electronically at 9 a.m. and 1:30 p.m. Monday through Friday in the Dirksen Federal Courthouse, and on an as-needed basis in Rockford. Call Larry Appelson, (312) 435-5358, for the Chicago schedule, and Julia Mitchell, (815) 987-4354, for Rockford information.

Tutorials also are accessible at the court's Web site, www.ilnd.uscourts. gov, by clicking on CM/ECF and opening an attorney user guide under "Training." Training videos may be launched as well.

Bankruptcy judge seated

Rockford attorney Mary Patricia Gorman, a past president of the Winnebago County Bar Association, has been appointed to a 14-year term as a bankruptcy judge in U.S. District Court for the Central District. She will take office Sept. 19 and be based in Springfield.

A 1977 magna cum laude graduate of the University of Illinois College of Law, Gorman has served on the ISBA Commercial, Banking and Bankruptcy Law Section Council and the Task Force on Unauthorized Practice of Law. She has taught bankruptcy law at the Northern Illinois University College of Law.

* * *

George Peter Katsivalis has been sworn in as an immigration judge in the Executive Office of Immigration Review in Chicago. A 1985 graduate of The John Marshall Law School, he was chief counsel to the Chicago office of Immigration and Customs Enforcement.

On the appellate bench

Justice Alan J. Greiman has been elected to his ninth term as chair of the Illinois Appellate Court's 1st District executive committee. Justice Margaret Stanton McBride is vice chair.

Justice Mary Jane Theis was appointed in August to the Supreme Court Rules Committee for an interim term that expires Dec. 31. She replaces the late Allen Hartman.

In the circuit courts

Chief Judge Christopher C. Starck of the 19th Circuit has been re-elected to serve a second term after his first term ends Nov. 30.

Sheldon A. Harris has been appointed to the Cook County Circuit Court for a term that will end June 30, 2008. He served a previous two-year appointment from 2000 - 02.

Retired 18th Circuit Felony Division Judge John J. Nelligan has been recalled for the third time to serve in the 16th Circuit Traffic and Misdemeanor Division. His term, which was to end Sept. 11, has been extended to March 11, 2006.

Judge Phillip J. Kardis of Madison County in the 3rd Circuit retired Sept. 2. He was appointed to a vacancy in 1989.

Associate Judge Thomas Jones of the 1st Circuit Juvenile Court retired at the end of August. He had served since 1993.

Recent appointments

Waukegan attorney Yolanda Torrez has been named a hearing officer for the North Chicago City Court, which was established in 1998. Torrez, who has been a Waukegan city prosecutor, replaces Marian F. McElroy.

Timothy Ray of Neal, Gerber & Eisenberg, Chicago, has been appointed to the Supreme Court's Planning and Oversight Committee for the Judicial Performance Evaluation Program. He replaces the late Anthony Scariano for a term that ends Dec. 31, 2006.

Jewish Judges to honor Elrod, Aspen

Cook County Judge Richard J. Elrod will receive the Seymour Simon Justice Award from the Jewish Judges Association of Illinois during its third annual dinner Sunday, Sept. 18, in the Grand Ballroom of the Northshore Skokie Hotel.

Cook County Judge Robert Gordon will become president, succeeding Gerald C. Bender. Other incoming officers are Edward R. Burr, Morton Denlow, Richard P. Goldenhersh and Shelley Sutker-Dermer, vice presidents; Ronald S. Davis and Michael C. Zissman, secretaries, and Rhoda Davis Sweeney, treasurer.

The event will begin with a 5:30 p.m. reception, followed by 6:30 p.m. dinner and program. For reservations, call Judge Gordon at (312) 603-6005.

Judge Elrod, a former state representative and Cook County sheriff, was elected to the circuit court in 1986. He also was senior assistant attorney general and president of the Illinois Sheriff's Association.

Judge Marvin E. Aspen of U.S. District Court will receive a Lifetime Achievement Award. He served on the Cook County Circuit Court from 1971 until his appointment to the federal bench in 1979. He was chief judge of the District Court from 1995 to 2002.

Special Recognition Awards will be given to four retired and two deceased jurists. They are Edward Bobrick, Gerald B. Cohn, Leonard Levin, Benjamin Novoselsky, and the late Allen Hartman and Paul Preston.

Catholic lawyers hold Red Mass

Supreme Court Justice Thomas R. Fitzgerald and Richard A, Michael, professor emeritus of the Loyola University School of Law, will be honored Sunday, Oct. 2, as Catholic Lawyers of the Year.

They will receive awards during a brunch after the 71st annual Votive Mass of the Holy Spirit, known traditionally as the Red Mass, at 9:30 a.m. in Holy Name Cathedral, Chicago.

Sponsored by the Catholic Lawyers Guild, the Mass will be celebrated by Cardinal Francis George. The homilist will be Rev. Patrick R. Lagges. The brunch will take place in the law school building, 25 E. Pearson.

A Red Mass will be celebrated at 5:30 p.m. Saturday, Oct. 22, at St. Mary of the Lake Seminary, Mundelein, by the Lake County chapter of the Justinian Society. For more information, call Robert Smith Jr. at (847) 945-3455.

Seminars

Justice Kilbride to address Defense Trial Counsel

Illinois Supreme Court Justice Thomas L. Kilbride and State Sen. Kirk Dillard are among the speakers for the annual fall seminar of the Illinois Association of Defense Trial Counsel. It will take place Friday and Saturday, Sept. 23-24, at Eagle Ridge Inn, Galena. Call (800) 232-0169 to register.

Justice Kilbride will provide a Supreme Court Update: A Rules Committee Perspective at 9:35 a.m. Saturday. Dillard will close the program at 11:20 a.m. Saturday with a Legislative Update.

The seminar will begin at 12:50 p.m. Friday with opening remarks by committee chair Aleen R. Tiffany and IADTC board liaison John P. Lynch. Several "War Stories" will be related throughout the two-day program.

Friday afternoon presentations will continue with Contribution/2-1117 Update, Hot Topics in Insurance, and Electronic Discovery: Legal Issues, Document Retention and Technological Concerns.

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