GENERAL PRACTICE SOLO & SMALL FIRM

SECTION COUNCIL

MINUTES

Saturday, February 7, 2004

Members Present: Michelle Jochner, Chair, Timothy Duggan, Vice Chair, Dawn Hallsten, Secretary, James Dunneback, Michael Goldberg, Patrick Hitpas, Patrick Kinnally, Donald LoBue, Matthew Maloney, John Phipps, Patrick Ward, Bernard Wysocki

Members Absent: James Buchmiller, Patrick Cleary, David Franks, Thomas Hartzell, Walter Kilgus, Terence Madsen, Anne Marie Martinkus, Brian McPheters

Guests: Mauro Glorioso candidate for Board of Governors

Staff: Janet Sosin, Staff Liaison

The meeting was called to order by Chair Michele Jochner at approximately 10:00 a.m. at the ISBA office in Chicago, Illinois. Chair Jochner welcomed Mauro Glorioso, Candidate for the Board of Governors for Cook County, and invited him to say a few words. Mr. Glorioso spoke to the Council briefly. Chair Jochner also welcomed back Patrick Hitpas to the Council.

I. Minutes – The minutes of the November 15, 2003 were approved as presented with special thanks to Julie Ann Sebastian for serving as acting secretary.

II. Section Counts - Michele Jochner noted that the Section membership at last count stands at 1806 and this is an increase from 1663 count on April 30, 2003. Michele stressed the importance of the Council's activities and quality service to members through the CLE programs (including discounts on fees) and newsletters. Section counts as of December 31, 2003 were distributed. [Exhibit II].

III. Subcommittee Reports

A. Newsletter

Michele Jochner notified the Council that Judge Edna Turkington-Viktora was in a serious car accident and that she is still recuperating. Members circulated a card for Judge Edna Turkington-Viktora and wished her a complete and speedy recovery.

John Phipps reported we have had eight newsletters published in eight months. More articles are needed and members are encouraged to submit their articles in a timely fashion so that we can reach our goal of 12 newsletters in 12 months. Assignments were distributed. [Exhibit III.A]. John passed out some ideas for articles to those present. He also stressed importance of timeliness to online access to newsletters and thanked Katie for her wonderful job. A reminder was given regarding the need for each member who hasn't already done so to sign and turn in an ISBA Newsletter Publication Agreement (last page of Exhibit IIIA). Janet Sosin agreed to check to make sure that our Council is included in the email previews that invites members to check out sections.

B. Professional Education – Michele Jochner and Julie Ann Sebastian reported on the upcoming CLE Programs including those scheduled as well as proposed.

1. CLE Programs

1. Planning and Managing Your Personal Life – this program is out of our hands and it has been requested that the Law Office Management and Economics (Standing Committe on) Council to resubmit proposal possibly to CLE Committee. [Exhibit III.B.1 a]. John Phipps suggested that it include a panel component about managing the bottom line and a component about the use of computers to enhance the bottom line and Michele Jochner said she would pass along the suggestions.

b. Technology and the Law – Julie Ann reported that the seminar will be held three times on March 12, 19, & 26 each in a different location. Each seminar addresses the use of computers in the practice of law and includes coverage of e-filing. {Exhibit III.B.1b] Michele Jochner thanked her for her coordination of this series.

c. - e. Michele Jochner reported that three seminars have been packaged as a General Practitioner series and registrants will receive a discount if they attend more than one seminar. The outlines for these seminars were attached [Exhibits III.B. 1c, d, & e] and they will be held in the ISBA Chicago office and are: What's New in Adoptions, Child Custody, Child Support, and Maintenance? on March 19th; General Practitioners Guide to Forming an Illinois Business Entity on April 16th; and Clearing Your Way to a Closing on May 7th. She asked for those interested in participating in the slots still available for the April 16th and May 7th programs to contact her and thanked all who have already agreed to speak or moderate. John Phipps and Jim Dunneback suggested the "closing" program cover various closing problems (including an overview of charges – what are proper charges and dealing with non-disclosed charges) and how to solve them. Some other areas mention included: tax escrows, mortgage requirements, land trusts (Illinois one of few states), title insurance exceptions and what they mean. Michele agreed to incorporate the comments.

f. - g. Hanging Out Your Shingle - Bernie Wysocki reported on this program scheduled for May 14th in Collinsville. Anyone interested in speaking or with suggested speakers should contact Bernie. He reported the last program had great attendance and good comments. There were a number there who had practiced awhile but now were going out on their own or into private practice. In the future we hope to include more forms in the materials. Attorney Title has agreed once again to provide the lunch. Bernie said they planned to follow up with the law schools to make sure they were aware of the upcoming program. [upcoming program - Exhibit III.B.1f; evaluation tally Exhibit III.B.1g]

h. The Protecting the Rights of Unmarried Couples: Issues and Solutions on May 21st in Collinsville is being finalized No date has been set for the Chicago Program co-sponsored with Standing Committee on Sexual Orientation and Gender Identity.

2. CLE Program for Annual Meeting

a. Hot Topics Seminar - Our proposal for this program is due March 3rd. The Annual Meeting will be held at the Abbey. We are looking at an all day seminar. Discussion took place regarding who might be available to cover the various roles. Michele asked that those interested contact her.

b. Discussion ensured about other ideas for programming. Matt Maloney suggested we co-sponsor a program with the Elder Law section on issues related to dealing with aging and aging parents. Pat Ward agreed to look into presenting a "Bar Law" program at an upcoming meeting [perhaps in December] that might be a lunch with skits. Some other topics mentioned in the were: immigration and aliens including undocumented child in schools, admonishment in criminal cases now required; guns and domestic violence; a recent 7th Circuit case re: cases filed to collect and Fair Debt Collections Practices Act; and field sobriety tests [co-sponsor with Traffic Law Section] including variations, unsanctioned tests, and how to deal with variations of standardized tests.

c. Program Proposal Cover Sheet was distributed with agenda. [Exhibit III.B.2]

3. The Lawyer's Workshop is scheduled for May 1st at John Marshall Law School is co-sponsored by the Standing Committee on Minority & Women Participation. We are co-sponsors and the program is being finalized and will be distributed later.

C. Legislation – B. Wysocki presented the legislative proposals sent to the General Practice Council through the preceding day. The positions taken by the Council are set forth in the chart below.

 

SB 2136 Legal Document Preparer Act

Strongly oppose

 

SB 168 engrossed

Oppose

HB 3820 New Vehicle Buyer Protection Act

No Position

HB 3839 Driver Privilege - Child Support

Strongly oppose (no discretion to judge; would create more problems in creating support than it solves.)

HB 3862 Code Enforcement Response

No Position

HB 3959 Marriage Act - Grandparent Visitation

Oppose bill as written (not oppose the main concept but our concern is this bill will not meet Supreme Court's direction in case law)

HB 3994 Mechanics Lien - Notice

Oppose

HB 4080 Vehicle CD-Bicycles Use Highways

Support

HB 4083 New Vehicle Buyer Protection Act

No Position (see HB 3820)

HB 4150 Civil Procedure - Technical

No Position (probably shell bill)

 

HB 4159 Code of Civil Procedure - Medical Malpractice - Technical

No Position (probably shell bill)

HB 4160 Education - Technical

No Position (probably shell bill)

HB 4215 Mechanics Lien - Substantial Complete

Oppose (too ambiguous)

HB 4331 CD CORR - Fines - Collection

Oppose (State's Attorneys job, believe there are constitutional impairments because is fee generating)

HB 4349 Clerk of Court - Self-Help Center

Oppose (concern expressed that cost of filing fees generally is limiting access to legal system; also discussion that such resources should be in law library.

HB 4370 County Code - Law Library Fees

Oppose, minority expressed support - law library is there for all (opposition again based upon concern that cost of filing a suit is becoming prohibitive)

HB 4659 Mechanics Lien - Rental

Oppose

HB 4689 Civil Law Notary Act

Qualified Support. Support if continues to be limited only to licensed attorneys qualified to practice in this state and if it conforms with foreign jurisdictional requirements. Others: 1 - opposed and 2 - no position.

HB 4703 Vehicle CD - Bankrupt - No Relief

Oppose (Comment made that believe this is preempted by federal law).

 

HJR45 -Supreme Court - Amend Rule 305

No Position

HB 4805 Notary Public - Technical

No Position (probably shell bill)

HB 4859 Anatomical Gift Organ Donation

Laid this over for further study; is a 68 page bill that incorporates several smaller acts.

HB 4895 Marriage Act - Custody - Violence

Strongly Oppose (leave to judicial discretion)

HB 4175 Coroner's Fees

Oppose

D. Cable TV Program – Michele Jochner and Julie Ann Sebastian are working on the next cable program, which will be in March or April and will focus on traffic laws. They will keep us advised.

E. Publications

1. 2003 Update to "Attorney Fees" Publication of 1999 - Tim Duggan reported he received three more sections today and hopes to have all submissions in the next couple of weeks so that the updated booklet can be published by the time of the Annual Meeting.

2. PSA Pamphlet – "Checklist of Your Family's Legal Health" - this proposed pamphlet is an outgrowth of our recent cable TV show and the outline this show will be used to create it. [Exhibit III.E.2]. Tim Duggan agreed to coordinate this project after June – and the completion of the "Attorney Fees" update. He will probably email everyone and attach an assigned portion of the checklist and instructions similar to past projects.

3. Another program is proposed to develop into a publication, namely: "Hanging Out Your Shingle (without hanging yourself)." At this point the thought is to develop this into a book so it will be removed from our agenda as it is a project that will be undertaken outside the Council.

F. Membership/Mentorship

2. Get-A-Member Campaign - ISBA materials re: the membership campaign were distributed to the Council. [Exhibit III.F.1].

3. Report on Special Committee on Mentorship - P. Kinnally reported that our subcommittee report on Mentorship was submitted to the Board of Governors and the Board of Governors approved it and a mentor program is on its way.

G. Unauthorized Practice of Law – no report.

H. Practice Transfer Committee – J. Phipps

1. A copy of the article "ISBA pushes rule to allow sale of solo practices" (CDLB, January 16, 2004) was distributed to the Council members and John Phipps briefly discussed the article and the status of the proposed rule.

I. Ancillary Business Practice – no report.

J. Internet Liaison – no report.

K. Tradition of Excellence Award – Don LoBue reported that the upcoming newsletter will have an article from him regarding the nomination process and award. Nominations are due on April 30th so that a recommendation can be made to the Council at its May 15th meeting. Pat Hitpas, Jim Dunneback, Michele Jochner, and Dawn Hallsten volunteered to serve on this committee with Don. Committee members will be provided with the nominations as well as a checklist to use in evaluating the nominations. A flyer regarding the award was distributed to the Council. [Exhibit III.K.]

IV. Other Business

A. Report - A report on Section activities for the first half of the ISBA year written by Michele Jochner was distributed to Council members and is also a newsletter column. {Exhibit IV.A.]

B. Request for Written Goals - The Section received a request [Exhibit IV.B.] from the Scope & Correlation Committee to develop written goals for projects, activities and services. This request was the subject of the Long Range Planning Subcommittee that met at 9:00 a.m. Tim Duggan gave an overview of the meeting and he agreed to put the results this meeting in a report for the chair to submit in response to this request, which is due on March 1st.

C. Meeting Dates - Upcoming meeting dates for the Council were distributed. [Exhibit IV.C.] The upcoming meetings are: April 3rd in the ISBA Chicago office, May 15th in St. Louis.

D. Nomination to Council- Chair Jochner mentioned a nomination form was included with the agenda [Exhibit IV.D.] and she encouraged members to recommend to persons who would be excellent Council members that they apply.

E. Proposed Custody Act Rewrite - We have been asked to comment on this proposed legislation and our comments are due by May 1st. Matt Maloney volunteered to serve as the chair of a subcommittee to look into this matter and Ann Martinkus, John Phipps, Tim Duggan and Dawn Hallsten agreed to serve on this subcommittee. The subcommittee was asked to look at this proposal between now and the next Council meeting. Members should send any comments to subcommittee members and the subcommittee members will forward to other members their comments.

V. Informational Items

A. Subcommittees list was distributed to Council members. [Exhibit V.]

B. Janet Sosin requested Council members notify her of any roster changes at jsosin@isba.org.

The Council meeting was adjourned to April 3, 2004 at 10:00 a..m.

Respectfully submitted,

Dawn Hallsten, Secretary