Commercial Litigation and Ethics:
They Do Not Have to Be Mutually Exclusive
Presented by the ISBA Commercial, Banking and Bankruptcy Law Section

Bloomington
Friday, March 28, 2008
Eastland Suites & Conference Center
1801 Eastland Drive
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Chicago
Monday, April 7, 2008
ISBA Regional Office
20 S Clark Street, Suite 900
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6.0 MCLE Hours * including 4.0 PMCLE Hours

It is possible to engage in commercial litigation and still maintain a grip on the ethical requirements of being an attorney. With a major focus on professional responsibility, this program addresses how ethics and commercial litigation are not mutually exclusive. 

Program Coordinator/Moderator:
Michael G. Cortina, The Law Firm of Michael G. Cortina, Ltd., Crystal Lake (Bloomington program)
Adela C. Lucchesi, Crowley & Lamb, P.C., Chicago (Chicago Program)

9:00 – 9:15 a.m.  Welcome and Introductions

9:15 – 10:15 a.m.  Bankruptcy and Ethics
Presented by a trustee in bankruptcy, this session on ethical issues program covers everything from debtors hiding assets to creditors’ ethics, to completeness of bankruptcy schedules, to reaffirmation agreements.
Glenn Stearns, Lisle

10:15 – 11:15 a.m.  Retainer Agreements (Dowling Overview)
Judge Chmiel will discuss the Supreme Court’s opinion in the Dowling case, the different types of retainer agreements, the ethics behind retainer agreements and the requirements of having retainer agreements.
Hon. Michael J. Chmiel, Circuit Court of McHenry County, Woodstock

11:15 – 11:30 a.m.  Break

11:30 a.m. – 12:00 p.m.  ARDC Overview
A prosecutor for the Attorney Registration and Disciplinary Commission will address the ARDC’s annual report as well as what to do to avoid complaints to the ARDC and what to do (and not do) if a complaint is filed against you with the ARDC.
Melissa Smart, Attorney Registration and Disciplinary Commission, Chicago

12:00 – 1:00 p.m.  Lunch (on your own)

1:00 – 1:30 p.m.  Judicial Decorum
This is a presentation by a sitting judge on judicial decorum.
Hon. Dennis J. Burke, Circuit Court of Cook County, Chicago (Bloomington Program only)

1:30 – 3:00 p.m.  Bankruptcy Litigation
This topic will cover many of the different areas of litigation that permeate bankruptcy filings. Topics will include adversary proceedings (when they are brought, how they are brought, core vs. non-core matters, relief that can/cannot be obtained, removal of state court actions and withdrawal of the reference) and automatic stay litigation (when needed, how brought, automatic granting and the elements and burdens of proof).
Sumner Bourne, Rafool & Bourne, Peoria

3:00 – 3:15 p.m.  Break

3:15 – 4:15 p.m.  Ethics in Litigation
Presented by a scholar on ethics in litigation this program will delve into  topics such as discovery (completeness of responses, duty to supplement, and requests to admit and their uses/abuses), communicating with witnesses (notifying opposing counsel, “cancel-out” statements, and recording of communications with witnesses), and a comparison and contrast of Illinois Supreme Court Rule 137 with Rule 11 of the Federal Rules of Civil Procedure.
Professor Jeffrey A. Parness, Northern Illinois University, College of Law, DeKalb

4:15 – 4:45 p.m.  Lawyers Assistance Program (LAP)
A representative with LAP will explain the services of LAP, ways to volunteer and how to cope with colleagues in need of assistance.
Hon. Michael T. Caldwell, Twenty Second Judicial District, McHenry County, Woodstock (Chicago Program)

* Subject to review
Please note: Supreme Court Rules on MCLE require lawyers to earn at least 4 hours of Professional Responsibility MCLE every reporting period.