Practice News

Asked and Answered

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

Q. I am a solo practitioner in Central Illinois. As my staff seems to expand, I feel a need to become more formal.  I have a question about nondisclosure agreements with staff? Also office procedures or rules? Also, in hiring, I am finding fewer candidates who have experience in a legal setting. The Illinois State Bar Association Law Practice Management Section may want to consider a half day program that is internet based to acquaint staff who have office experience but no legal experience with some of the basic issues including nomenclature, confidentiality, basic legal drafting, etc.

Circuit Court of Cook County Chief Judge Timothy C. Evans today entered General Administrative Order No. 2014-06 which permits persons present at court proceedings conducted in courtrooms of the Circuit Court of Cook County to take written notes while court is in session.

“I firmly believe that the integrity of our courts depends on increasing, not limiting, public access in the courtroom, whether that access is allowing the media to film proceedings or allowing people to simply write down what they see and hear,” said Chief Judge Evans. “Every time integrity is embraced, justice is enhanced.”

The use of laptop computers and other electronic devices in the courtrooms of the Circuit Court of Cook County is prohibited and may not be used to take notes unless otherwise expressly permitted by the judge presiding.

General Administrative Order No. 2014-06 is attached.

The owner of a condo unit may not withhold monthly assessments and other expenses in response to an alleged failure by her condominium association to maintain common elements and make repairs, a divided Illinois Supreme Court ruled recently.

In a four to three decision, the majority of the justices rejected a theory that condo unit owners should have the same rights as tenants in a leasehold agreement. The issue arose when a Lake County resident/owner of the Spanish Court Two Condominium Association, who had failed to pay her fees for six months, tried to defend herself against the association's attempt to take possession of her unit. She argued that a leaky roof just above her unit had caused extensive water damage, her faulty toilet was not repaired, and that general upkeep of the common areas of the building was not maintained, and thus she was entitled to withhold payment.

The majority of the justices in the 4-3 ruling said a landlord/tenant scenario is contractual and distinguishable from a community living situation. Condo boards and associations could face serious financial difficulties if they had no recourse to collect unpaid assessments, the court observed. Find out more in the June Illinois Bar Journal.

Asked and Answered

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

Q. I am a solo in Bloomington, Illinois. I have just completed my third year in solo practice. I have one full time secretary, a paralegal, and I office share with a group of attorneys. My overhead is low and my margin is 61%. I have been approached by a two attorney (2 partners) firm regarding merging with their firm. One of the partners is relatively new (joined the firm 3 years ago) and the other is the firm founder and is planning on retiring in the next year. On average the other firm's revenue per attorney and partner earnings is on par or even less than mine. Their overhead is much higher. The two partners have been operating on a handshake with no succession/transition plan for the senior partner and no understanding of retirement financial arrangements (buy-out). While I have some concerns and fears about merging I believe that merger would provide me access to mentoring, additional resources and staff, and ability to improve my competencies and handle larger more complex cases. I would appreciate your thoughts.