You receive a 14-day letter from the ARDC. What do you do? Be calm. Accurately lay out the facts. Question anything you don't understand. Ask for an extension—if you need one. The good news? Most ARDC claims are dismissed upfront. Charges that lead to a hearing still need to be proved with “clear and convincing evidence,” says Jeff Corso of Cooney, Corso & Moynihan in Downers Grove and a member of the ISBA’s Standing Committee on the ARDC. In November 2018’s Illinois Bar Journal, writer Ed Finkel unpacks and demystifies the ARDC’s complaint process and provides tips from experts on how to properly interact with the agency if a 14-day letter lands in your mailbox.
Practice News
-
October 29, 2018 |
Practice News
-
October 26, 2018 |
Practice News
The United States Trustee Program is accepting applications for an Assistant United States Trustee position.
Internal candidates who wish to be considered must have at least five years post-J.D. professional legal experience in interpreting, applying, and advocating on behalf of clients the provisions of the United States Bankruptcy Code, the Federal Rules of Bankruptcy Procedure and related laws, rules, and regulations that arise in bankruptcy cases.
-
October 24, 2018 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. We have a 24-attorney litigation firm in Pittsburgh. We represent insurance companies and business firms. We recently conducted a client satisfaction survey of our top-tier clients via telephone and face-to-face interviews. We have discovered that we have numerous issues regarding client satisfaction. Where do we go from here?
-
October 22, 2018 |
Practice News
Appellate and trial courts are issuing inconsistent decisions concerning proper standing and jurisdiction following the U.S. Supreme Court’s opinion in Spokeo, Inc. v. Robins. The uncertainty created by these decisions means judges and attorneys must juggle many variables when considering choice of venue in Illinois and other states. The difference is in how each court defines concrete injury and whether the threat of future harm is sufficiently concrete. An illustration of these inconsistencies is in cases brought by consumers affected by data breaches. In those cases, consumers’ personal information became exposed to parties not authorized to see or possess it. Claims based on data breaches typically include, if not solely rely on, allegations that consumers were injured because the mere exposure of their personal information created a threat of future harm. Read Mark Bernstein’s article, “Standing Here or There?,” in October’s Illinois Bar Journal for a detailed analysis of venue and jurisdiction implications when trying or defending cases involving concrete-injury and future-harm claims.
-
October 18, 2018 |
Practice News
The Illinois Supreme Court handed down seven opinions on Thursday, October 18. The court affirmed that the warrantless use of a drug-detection dog at a man’s apartment door violated his Fourth Amendment rights in People v. Bonilla, reversed the appellate court’s judgment vacating a man’s sentences and remanding for resentencing for a murder conviction in People v. Harris, upheld a circuit court’s decision to seal two motions filed by a defendant facing murder charges in People v. Zimmerman, and affirmed a defendant’s conviction for unlawful delivery of a controlled substance within 1,000 feet of a church in People v. Newton. The supreme court also reversed a circuit court’s decision to dismiss eminent domain complaints against landowners in Ameren Transmission Company of Illinois v. Hutchings, considered the meaning of the phrase “unable to satisfy any judgment” in Cassidy v. China Vitamins, LLC, and affirmed a circuit court’s order dismissing claims against an insurance company in American Family Mutual Insurance Company v. Krop.
-
October 17, 2018 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am part of a three-member management committee. We have a 25-attorney firm located in the greater Washington D.C. area. We specialize in governmental law. We are feeling that our committee and the firm spend a lot of time in meetings discussing management problems and strategies to no avail. Not much changes or gets implemented. I welcome your comments.
-
October 15, 2018 |
Practice News
In October’s Illinois Bar Journal, Derek M. Johnson discusses the challenges a decedent’s estate may face if it owes federal income taxes, which may take priority over other claims and expenses, especially when the estate is insolvent. Understanding how and when to pay an estate’s taxes in relation to its other obligations is critical, Johnson advises. In his article, “Debts, Secret Tax Liens, and Other Estate Traps,” Johnson considers options and preventive measures when determining whether taxes are owed by decedents and their estates in probate.
-
October 10, 2018 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the owner of a small general practice firm in Novato, Calif. I have three associates working in the firm, three legal assistants, and one office manager/bookkeeper. I started my practice 35 years ago right out of law school. I am 60 years old and wanting to retire within the next five years. None of my associates have the ability or the desire to take over the firm. I believe that my best option is to sell my practice to another practitioner or join another firm through a merger or other arrangement. I would appreciate your ideas regarding merging with another firm and how I would be compensated and receive payment for the goodwill value of my firm.
-
October 9, 2018 |
Practice News
PILI will grant $309,000 to fund 60 law student interns at 28 public interest law organizations across Illinois during the 2018-19 academic year and the summer of 2019.
PILI’s Law Student Internship Program connects law students from across the country with public interest law agencies in Illinois and pays them for their work.
-
October 8, 2018 |
Practice News
In August, the American Bar Association’s House of Delegates approved changes to its Model Rules of Professional Conduct concerning advertising. In October’s Illinois Bar Journal, ISBA General Counsel Charles Northrup, in light of the ABA’s decision, revisits the fundamental principle set out in Illinois Rule of Professional Conduct (IRPC) 7.1 — that lawyers may not make false or misleading communications about themselves, their practices, or their services. Given the ABA’s recent action, Northrup suggests revisiting this fundamental principle is worthwhile.