Practice News

The Illinois Supreme Court handed down opinions in six cases on Thursday, March 21. In People v. Webb, the court held that the unlawful use of weapons statute that provides that it is unlawful to possess or carry a stun gun in public is unconstitutional under the Second Amendment, and in People v. Drake, remanded a defendant’s appealed aggravated battery conviction to the circuit court for a retrial. In City of Chicago v. City of Kankakee, the court held that the Illinois Department of Revenue has the exclusive authority to audit disputed sales transactions and to distribute or redistribute resulting tax revenues due to any error. In 1550 MP Road LLC v. Teamsters Local Union No. 700, the court held that a union’s lease and purchase agreement that was in violation of the Property of Unincorporated Associations Act and the union’s bylaws was unenforceable. The court issued three opinions in Wingert v. Hradisky. In Van Dyke v. White, the court addressed whether the Illinois Secretary of State Securities Department has the authority to bring an administrative action against someone also subject to regulation by the Department of Insurance.

Asked and Answered 

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am the owner of a seven-lawyer insurance defense firm in downtown Chicago. Two of the lawyers are non-equity partners and four are associates. Currently I pay the associates a set salary and a performance bonus based upon annual billable hours over 1,800. Until last year, non-equity partners were paid in the same fashion, however non-equity partners received a few additional perks such as a firm credit card and a country club membership. Last year I changed the non-equity partner compensation system to focus on collected receipts rather than billable hours. Non-equity partners receive a salary and a performance bonus based upon working-attorney-collected-received above an established threshold and a delegation bonus.

The Illinois Supreme Court hosted "Law School for Legislators" on March 13, with all seven justices, leadership, and new members of the Illinois House of Representatives and Senate in attendance.  

The event, held at the Illinois Supreme Court Building in Springfield, was intended to familiarize the legislative branch with court operations and to foster dialogue of communication, cooperation, and coordination between the legislative and judicial branches. 

In 2015, the first district significantly expanded the attorney-litigation privilege, finding that it immunized attorneys from claims in addition to defamation and, in addition to an attorney's communications, protected an attorney's conduct. While it is axiomatic that "with great power comes great responsibility," Amanda Hamilton notes in March's Illinois Bar Journal that "recent expansions of the attorney-litigation privilege demonstrate why attorneys must be increasingly vigilant in their commitment to ethical principles to ensure they do not abuse their power."