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  • April 30, 2014 | Practice News
    Ethics Question of the Week: Can I take a security interest in a client's property to guarantee a fee?

    Q. Can I take a security interest in property my client owns (but not involved in the representation) to guarantee my fee?

    A. IRPC 1.8(i) provides that a lawyer shall not acquire a proprietary interest in the cause of action or subject matter of litigation a lawyer is conducting for his client. See Supreme Court Rule 1.8.  Comment [16] to that Rule provides additional guidance on acquiring security interests from clients.  That Comment says: “When a lawyer acquires by contract a security interest in property other than that recovered through the lawyer’s efforts in the litigation, such acquisition is a business or financial transaction with a client and is governed by the requirements of paragraph (a)” of RPC 1.8 (which requires: objectively fair and reasonable terms; written disclosure of the terms; written notice that the client should seek review by another lawyer; and informed client consent in writing).

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

    2 comments (Most recent May 1, 2014)
  • April 30, 2014 | Practice News
    Best Practice: Associate training and mentoring

    Asked and Answered

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

    Q. We are a three attorney personal injury plaintiff firm in Moline, Illinois. There are two partners and one associate in the firm. We handle a large volume of small PI files - currently we have 700+ open files handled by three attorneys and 5 assistants. We recently hired our fourth attorney - second associate - that came to us with 20 year's experience as an associate in several large firms (100 plus attorney firms). The attorney, who has been with us for about 8 weeks, has never handled personal injury cases and is having some problems getting organized. Do you have any suggestions?

  • April 29, 2014 | Practice News
    13 new associate judges named in Cook County

    The names of 13 new associate judges, selected in a vote of Cook County Circuit Court judges, were announced Tuesday by Michael J. Tardy, Director of the Administrative Office of the Illinois Courts.

    Ballots listing the names of 26 finalists, chosen from 277 candidates, were distributed to 257 circuit judges. Ballots were due April 25, 2014.

    The Alliance of Bar Associations and the Chicago Bar Association evaluated the candidates. Each candidate was interviewed by an 11-member nominating committee, comprised of Chief Judge Timothy C. Evans of the Cook County Circuit Court and 10 presiding judges.

    Judge Evans certified the 26 finalists to the Administrative Director on March 28, 2014.

    In accordance with the 1970 Illinois Constitution, the Administrative Office conducted the election pursuant to the provisions of Illinois Supreme Court Rule 39 which directs that twice as many candidates as vacancies be nominated. Supreme Court Rule 39 provides that the term for all associate judges expires on June 30, 2015. The 13 judges appointed today, as well as those associate judges currently serving, must be reappointed July 1, 2015. Cook County seats 146 associate judges.

    The following is a list of the newly selected Cook County associate judges. A brief biography of the thirteen associate judges named today is attached.

  • April 29, 2014 | Practice News
    Nearly 700 new attorneys admitted to practice in Illinois

    Justices of the Illinois Supreme Court and the Illinois Appellate Court administered the attorney’s oath to 691 new attorneys at five separate locations on Thursday, May 1.

    All of the candidates have passed the Illinois state bar examination, an ethics examination, and have been certified by the Committee on Character and Fitness.

    The largest group, 474, were admitted in the First Judicial District during ceremonies in the James R. Thompson Center Assembly Hall in Chicago.

    ISBA President Paula H. Holderman addressed the new admittees at the 11:30 a.m. ceremony with Supreme Court Justice Charles E. Freeman and Appellate Justice Joy V. Cunningham presiding.

    Supreme Court Justice Anne M. Burke presided over the 9 a.m. ceremony and Supreme Court Justice Mary Jane Theis presided over the 2:30 p.m. ceremony.

  • April 24, 2014 | Practice News
    ISBA Statehouse Review for the week of April 24, 2014

    ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers The Residential Real Property Disclosure Act (Senate Bill 2597), Common Interest Community Association Act (Senate Bill 3057), Condominium Property Act (Senate Bill 2892), Driving on suspended license (Senate Bill 3547) and Transfer on Death Instrument (TODI) Cleanup (Senate Bill 2656). More information on each bill is available below.

  • April 23, 2014 | Practice News
    Ethics Question of the Week: Can I participate in an Ask A Lawyer Day event?

    Q. Can I participate in a one day non-profit organization sponsored “ask a lawyer” type event?

    A. Illinois Rule of Professional Conduct 6.5 allows lawyers to for participate in certain programs under the auspices of a nonprofit organization or court.  Comment [1] to that rule elaborates further by stating that when participating in a program such as a “legal advice hotline” or “pro se counseling program,” “a client-lawyer relationship is established, but there is no expectation that the lawyer’s representation of the client will continue beyond the limited consultation.”  For more information about these events, consult Rule 6.5.

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

  • April 23, 2014 | Practice News
    Best Practice: Profit is up - why is partner compensation down?

    Asked and Answered

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

    Q. We are a 7 attorney firm in Evansville, Indiana - four partners and three associates. I am one of the partners in the firm. Each month we are provided with a profit and loss statement, a billable hours report, fees received reports broken down by lawyer, and accounts receivable reports by lawyer. In 2014 our fee collections are up significantly over 2013 - our expenses are lower – profit is up - yet the money is not there for partner draws and we are having to draw less than we did in 2013? What do you think is happening?

  • April 16, 2014 | Practice News
    Lawyers who reveal personal client info shielded by litigation privilege

    Suppose opposing counsel inadvertently reveals your client's social security number in a pending lawsuit despite your request under applicable rules that he not do so. Can you sue for, say, invasion of privacy and negligent infliction of emotional distress?

    You can't, George Bellas reports in the latest issue of Trial Briefs, newsletter of the ISBA Civil Practice and Procedure section. "The recent case of Johnson v. Johnson and Bell, Ltd., 2014 IL App (1st) 122677 (February 24, 2014), considered this issue and ruled that the litigation privilege precluded any liability," Bellas wrote. The court reasoned that "attorneys enjoy immunity from defamation actions arising out of a judicial proceeding," relying on Restatement (Second) of Torts § 586. Find out more.

  • April 16, 2014 | Practice News
    Best Practice: What should I be considering when buying a law practice?

    Asked and Answered

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

    Q. I am an associate in a law firm in Akron, Ohio. The firm is an estate planning practice consisting of the owner/founder of the firm, myself, and two legal assistants. I have been with the firm for ten years and this is the only firm that I have worked with since law school. The owner is 67 and has announced that he wishes to retire. He has approached me and provided me with a proposal to buy his practice via an arrangement where I would initially pay him a down payment of 50% of his asking price and after two years the other 50% would be paid over a period of five years. The arrangement would be structured as a partnership and for the two year period we would be 50-50 partners. Compensation would be based upon these ownership percentages. The owner's asking price is two times his average net earnings ($125,000) - $250,000. Average revenues - $210,000. I would appreciate your thoughts and suggestions.

  • April 16, 2014 | Practice News
    Ethics Question of the Week: Can I share a firm name with lawyer I'm sharing space with?

    Q. I want to share office expenses and space with two other lawyers, but we won’t be partners. Can we call ourselves the “X, Y, and Z” law firm? 

    A. Illinois Rule of Professional Conduct 7.5(d) provides that lawyers may only state or imply they practice in a partnership or other organization when that is the fact. Comment [2] to that Rule goes to say that “lawyers sharing office facilities, but who are not in fact associated with each other in a law firm, may not denominate themselves as, for example, “Smith and Jones,” for that title suggests that they are practicing law together in a firm. See also, ISBA Professional Conduct Advisory Opinion 03-02.

    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.