MINUTES

GENERAL PRACTICE, SOLO, AND SMALL FIRM SECTION COUNCIL

April 12, 2003 MEETING

Present: Jim Dunnback, Tom Hartzell, Dawn Hallsten, Bernie Wysocki, Julie Ann Sebastian, Michael Goldberg, David Harris, Terry Madsen, Michele Jochner, Patrick Hitpas, and Tim Duggan.

The meeting was called to order by Jim Dunneback at 10:12 a.m. in the Westin St. Louis located at 811 Spruce Street, St. Louis, MO.

Roster review. The members of the council were asked to review their information on the roster, marked as Exhibit A. and to notify Mary McDermott if there are any corrections.

Minutes. The minutes of the March 1, 2003 meeting were approved unanimously.

Section Count. There are presently 1,576 members of this section.

Chair's Report. Jim Dunneback reported that fiscal integrity requires a new policy regarding section council appointments. Presently we have 28 members of the section council. However, under the ISBA guidelines, section membership is governed by the number of section members. Twenty members are allowed for a council of 1,000 or more members but no more than 2,000 members. The Chair does not know what this will mean exactly for this council and its present members but he does know that letters are going out regarding appointments.

The selection committee for the Tradition of Excellence has been chaired for several years by Donald LaBue who was unable to attend this meeting. We have received some nominations and need 2-3 members for the committee that Don LaBue will once again chair. Michele Jochner, Patrick Hitpas, and Tim Duggan agreed to serve on this committee. The deadline for nominations is May 1st.

Committee Reports.

Practice Transfer Committee - Jim Dunneback reported that Bernie Wysocki worked on redoing the proposed language to emulate the ABA rule as closely as possible. The proposal will be before the assembly for review at the annual meeting.

Newsletter - a report was faxed to council members showing the articles received, articles overdue, and article due dates. We have two more newsletters ready to be printed. Several members mentioned they had brought articles with them to turn in.

Professional Education - Michele Jochner reported that the proposed Hot Topics seminar was approved as a full day seminar for Friday, June 20th, at the Annual Meeting. An agenda is attached to these minutes.

The final accounting report for the Small But Dynamic Law Firm Conference held on January 11, 2003 was included as Exhibit D. with the agenda. The program was successful both programmatically and financially. Total income was $5,680.00 and expenses were $5,210.56. The ISBA likes for us to sponsor this program.

Michelle Jochner and Bernie Wysocki reported on the proposed seminar to be sponsored jointly with the ARDC that was discussed at our last meeting when Mary Robinson was our guest. The committee comprised of Michele, Bernie, and Julie Sebastian met and proposed to the council that we sponsor several seminars. One would be a stand alone seminar aimed at an audience of lawyers with one to five years of experience with the intention of providing new lawyers with vital information on how to structure and practice law as solo or in a small firm. Another seminar to be presented twice during the year: one seminar in early December in the Chicago area to attract lawyers sworn in during November and one in early March in Collinsville to attract those lawyers sworn in during February. A three-ring binder of materials that have been assembled by ARDC was shown to the council. The committee motion was made to present the December and March seminars as proposed and that we approach the Young Lawyers Division about co-sponsoring these seminars. Title of seminars to be determined and ARDC materials to be used. The motion carried.

Michele Jochner offered to convey the proposal to YLD. Discussion ensued regarding possibilities for the stand-alone program. Discussion ensued that this seminar could be expanded to market to 3rd year law students and also to include experienced attorneys who have ethics CLE requirements or who need ethics courses for malpractice coverage. It was agreed to ask Mary McDermott to explore possibilities with malpractice carriers. It was noted that CBA is no longer sponsoring the "Bridging the Gap" seminar. At the suggestion of Michele Jochner, the council unanimously commended Bernie Wysocki for his initiative in bringing the ARDC's interest in expanding the reach of its seminar materials and speakers to the council and also for his work in bringing the idea it to fruition. Bernie agreed to check with Mary McDermott.

Legislation - The council members present were provided with a handout that summarized the bills to be reviewed. Bernie Wysocki and Dawn Hallsten went over the legislation and Julie Sebastian took notes on the council's positions. Those positions are as follows:

HB 536 (Gender Violence) OPPOSE - enough laws covering this area. The language of this bill includes the elements of battery.

HB 3020 (Prayer for Relief 735 ILCS 5/2-0604) NO POSITION. Would like to know why it was proposed.

HA#1 to HB 494 (Plat Act) NO POSITION.

HB 3528 (Impaired Minor Responsibility) SUPPORT: 10/1. Committee recommended support - there should be social host liability, however, because insurance does not cover the "willful" how could plaintiff recover $$$$.

HA#1 to HB 1414 (Mechanics Lien) OPPOSE. No basis for a lien for rental value without setting forth the time-frame of "use" since construction equipment may be used on more than one site.

HA#1 to HB 15 (Wage Payment) OPPOSE amendment. Opposed original bill as well. Re: amendment - some members expressed a preference to "keep it local."

HA#2 to HB300 (Counties Code) SUPPORT engrossed bill unanimously because as amended the bill allows for access "at no charge to public" and specifies the percentage (110%) charged per contract for bulk or compiled form of data.

HA#2 to HB 2088 (Homestead) SUPPORT.

HA#1 to HB 2784 (joint liability) SUPPORT. This legislation is intended to clarify existing law.

HA#1 to HB 2552 OPPOSE - 2 abstained. Drafted as "special legislation" and precludes recovery should structure/building fall in 11th year despite defect [unless environmental].

HA#3 to HB1191(new 735 ILCS 5/2-1306) SUPPORT, unanimously. "Public Hazard" should be revealed rather than concealed.

SB#1 to SB 157 (Plat Act)/SAME HB494 NO POSITION

SB 102 NO POSITION because shell bill.

SA#1 to SB 291 (amend Counties Code - sheriff not liable for serving order/process unless willful/wanton) No position - agree with Local Government council's views.

SA#1 to SB 1414 (Hospital Licensing) NO POSITION because shell bill.

SA#1 to SB 1883 (amend Real Estate Transfer Tax Law - 35 ILCS 200/31-5, 31-10, 31-20, and 31-25) Oppose to engrossed legislation.

SA#1 to SB 168 (new - Citizen Participation Act) OPPOSE, unanimously.

SA#1 to SB 275 (add 745 ILCS 10/3-106.1 - no liability to bicyclists unless public entity is guilty of willful/wanton) SUPPORT, 10/1.

SA#1, 2,3 to SB 1329 TABLED for more information because the members only had Amendment #1 on their outlines and didn't have text of engrossed bill. Jury system key and wanted to be sure knew what were voting on.

SA#1 to SB 1507 NO POSITION because shell bill.

Publications - Tim Duggan said he had nothing new to report regarding the indexing of newsletters but he had a call in to Mark Matteson of the ISBA. He will ask Mark for a status report for the next meeting.

Old Business.

Ancillary Business Rule. No report.

Program with ARDC. Discussed already under Professional Education.

New Business.

It was agreed that it would be helpful to know why a piece of legislation is proposed and it was suggested we propose legislation that required each bill submitted in the legislature to have a background paragraph explaining why the legislation was proposed.

The council was informed that it looks like the CLE and midyear meeting will return to Chicago in December of 2004.

The meeting was adjourned.

Respectfully submitted,

Dawn Hallsten