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Minutes General Practice, Solo & Small Firm Section Council Saturday, June 22, 2002, 2:00 p.m. Lake Geneva, Wisconsin Members Present: Jim Dunneback, Chair Michele Jochner, Vice Chair Babette Brennan, Secretary John Phipps, Ex-Officio Dawn Hallsten Terry Madsen Brian L. McPheters Valerie M. Smith David B. Franks JA Sebastian Michael Goldberg Donald A. LoBue Matt Maloney Tim Duggan Patrick Hitpas Wally Kilgus Bill Chesbrough Anne Martinkus Patrick Ward Umberto Davi Mary McDermott, ISBA Staff Liaison Members Absent: Patrick Cleary Brad Hantla Tom Hartzell Alan Landmeier Emilio Machado Terry Madsen Julie Ann Sebastian David Spagat Bernie Wysocki I. Call to Order. Outgoing Chair John Phipps called the meeting to order at 2:00 p.m. After closing remarks he turned the meeting over to incoming chair Jim Dunneback. II. Roster Review. The roster was passed around for corrections.
III. Minutes. The minutes of the May 4, 2002 meeting were approved as submitted. IV. Section Count. The council received their section count. V. Chair's Report. Jim Dunneback reported that our focus this coming year will be practice transition issues (retirement, disability, death) rather than the sale of a practice. VI. Committee Reports. A. Long Range Planning. John Phipps reported that the ISBA Practice Transition Committee plans to submit a proposal to the supreme court late this year. The submission will include an appendix of the 28 states that have adopted rules regarding the sale of a practice. We will develop our own comments to the submission. The committed continues to solicit horror stories. We wish to emphasize that we are the only profession that cannot make provision for ongoing care of a client. B. Newsletter. Judge Turkington reported that we published 10 newsletters this year, though one was a carryover from last year. Four newsletters are required. Article assignments were in the handout. Please let the Judge know 60 days in advance if you will not be able to make your due date and a new date will be assigned. We produce an excellent newsletter--keep up the good work. Judge is working on getting members extra copies of the newsletter in which their articles appear. John Phipps said that the July issue is partially complete and requested an early article or two. Michele Jochner noted that the last newsletter was especially good and congratulated all the authors. C. Professional Education. Michele Jochner reported that the seminar went well. Our three-ring notebook of materials was the biggest handout and was filled with excellent material. Attendance was approximately 70, despite being scheduled opposite the Family Law Section Council update. In glancing at the evaluations we received a large number of 5's and many checks that the program was very worthwhile. A special thank you to speakers Anne Martinkus, Mike Goldberg and Pat Hitpas and to our moderators Dawn Hallsten and Judge Turkington. Jim Dunneback explained that he and Michele Jochner have been working with members of the Law Office Management and Economics (Standing Committe on) Council on a proposal for a Law Ed Seriesprogram on practice management issues. The proposal includes sections addressing the issues presented when the lawyer you share space with unexpectedly dies, maintaining your voluminous files, and planning for your retirement. The Standing Committee approved the concept for Fall 2002 presentation but has asked both section councils to massage the submission. Jim and Michele will follow up. John Phipps suggested we get the Special Committee on the Transfer of a Practice as co sponsors of a seminar. Michele Jochner noted that at the August meeting we will need to decide what to propose for the mid year meeting seminar. In the past the General Practice Updates have been successful. John Phipps noted that we will likely receive direction from Tom Speedie. Umberto Davi suggested that a short presentation on the history of the efforts in regard to practice transition issues would be productive as many people are unaware of the problems. The council reviewed "The Small but Dynamic Law Firm Income/Expense Report." It showed that we used approximately $300 of the $3000 budget. The Bar Services Committee has recommended that we considering producing a similar program downstate in Spring 2003. D. Legislation Subcommittee. The section council made the following recommendations: Proposal 93-1 (Amendments to the Condo Act). The council voted to support this proposal. Proposal 93-2 (paternity). The council voted to support this proposal. Proposal 93-3 (Attorney-issued subpoenas). The council voted to support although some members expressed concern but comment that is allowed under federal rules seemed to allay those concerns. Proposal 93-4 (PRA -nursing home employees - violation of sec. 3-608 Nursing Home Act). The council voted to support this proposal. The consensus of council was that all mandatory reporters should have a PRA, however the council suggests that rather than doing this piecemeal, one act should cover all mandatory reporters. Proposal 93-7 (PRA - nursing home employees & mandated reporters as defined in 320 ILCS 20/2(f-5)). The council voted to support the proposal. Again, the consensus of council was that all mandatory reporters should have a PRA. Proposal 93-10 (visitation). The council voted to take no position on this proposal. The council supported the concept, but requested that the proposal be sent back for specific language. Proposal 93-11 (Builder Purchaser Deposit Act). The council voted to support this proposal. Proposal 93-13 (Proportional sharing -subrogation). The council voted to maintain its previous position i.e., support the concept that Burrell needs to be addressed, but not in the manner set forth in this proposal. Proposal 93-14 (paternity - DNA). The council voted to support this proposal. E. Publications Committee. Tim Duggan continues to work on the possibility of indexing newsletters so that a search can be done. His thought is that all ISBA members should be able to do a search, however if not a member of the section with the relevant article, they would be required to pay a fee before retrieving the article. He will talk with Mark Mathewson and the webmaster. He will also talk to Jim Dunneback's wife who is a reference librarian and has some ideas on indexing. John Phipps suggested index by word so that boulean searches can be done. VII. Old Business A. Internet Liaison--no report B. Unauthorized Practice of Law. Jim Dunneback reported that John O'Brien is not on our section council and requested new members to the committee. No one volunteered. C. Ancillary business rule--John Phipps reports that Cheryl Niro's committee meets in July and is working on proposing a rule to structure ancillary businesses. VIII. New Business A.1. Disability Planning for Solos & Small Firms--covered earlier Chairman Dunneback told the group that Karen Dilibert, Vice President of ISBA Mutual is getting married and moving to Iowa. She has resigned her position with ISBA Mutual. The section council sends their congratulations and heartfelt thanks for the work she has done. IX. Informational items were noted. X. Future Meeting Dates: The next meeting will be on August 17, 2002 in Galena at Eagle Ridge. XI. The meeting was adjourned. Respectfully submitted Babette L Brennan Secretary, General Practice, Solo & Small Firm Section Council.
Post Script: Newly-elected Third Vice President Bob Downs stopped into the meeting to let the section council know he planned to remain involved with the section councils and committees. He noted that his law firm, which is Barb Downs and himself, is probably the smallest firm ever to have a president of the ISBA and pledged his support to our Section. |