Practice News

Q. I mentioned to a client that I was delegating a portion of her matter to a lawyer outside of my firm and she didn’t respond one way or the other. Do I need something more from her?

A. IRPC 1.2 allows delegation of client work outside of the retained lawyer’s firm with the client’s informed consent. Informed consent is defined in RPC 1.0, Comment [7] as requiring an affirmative response from the client and that a lawyer may not assume consent from a client’s silence (although the Comment also notes that client consent can be inferred from the client’s conduct).

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]

Passing score raised to 266 for July 2015 exam

On March 16, 2015, representatives of the Deans ofthe Illinois Law Schools ("Deans") and Board of Admissions to the Bar ("Board") met with the Illinois Supreme Court Justices ("Court") to discuss the raising of the minimum passing score on the Illinois bar examination. The Deans and the Board expressed their respective concerns regarding the process, rationale, and timing involved in raising the passing score. After considering these concerns, the Court approved a revision to both the number of points and the schedule previously adopted for raising this score.

Effective for the July 2015 bar examination, the minimum passing score is set at 266 (out of a possible 400) - a 2-point increase from the February 2015 bar examination. This passing score will remain in effect through the February 2017 bar examination. Effective for the July
2017 bar examination, the passing score is provisionally set at 268. Prior to that examination, the Deans and Board will review the results of the examinations with the 266 passing score and will make their recommendations to the Court.

In addition, the Court will appoint a dean of an Illinois law school to serve as an ex officio member of the Board to establish a formal tie between the Deans and the Board.

One plank of Governor Rauner's campaign platform was criminal justice reform. On February 11, he issued Executive Order 15-14, which establishes the Illinois State Commission on Criminal Justice and Sentencing Reform.

The order notes that Illinois' prison system is at 150 percent capacity; the prison population has increased 700 percent over the last 40 years, while the crime rate has decreased 20 percent over the same period. It also observes that overcrowding in our prisons threatens the safety of staff and inmates, thwarting efforts to rehabilitate prisoners for their return to society.

In an effort to address these problems, the newly formed Commission on Criminal Justice and Sentencing Reform has been tasked with researching and suggesting bipartisan, data-driven reforms to decrease crime and recidivism while maintaining public safety. The Commission's goal is to increase public safety and reduce Illinois's prison population by 25 percent over the next 10 years. Its first report is due July 1 and its final report is due December 31 of this year. Find out more in the April Illinois Bar Journal.

DePaul University has selected a nationally recognized leader in legal education as dean for the College of Law. Jennifer Rosato Perea, an accomplished scholar in family law, bioethics and civil procedure, will join DePaul July 1.

Throughout her 25 years in higher education, which includes 11 years as a law school administrator, Rosato Perea has been an active voice in the national dialogue about legal education. She currently serves as the dean of the Northern Illinois University College of Law, a post she has held since 2009, and served as the acting dean of the Drexel University Thomas R. Kline School of Law during its first year of operation in 2006.