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  • March 20, 2014 | Practice News
    Ethics Question of the Week: Hiring suspended or disbarred lawyers for client intake

    Q. Can I hire a suspended or disbarred lawyer to do simple client intake forms in my office under my supervision?

    A. In In re Discipio, 163 Ill.Dec. 515, 645 N.E.2d 906 (1994), an Illinois lawyer was found to have violated the ethical prohibition on aiding the unauthorized practice of law for hiring a disbarred lawyer to gather information from clients and complete forms on their behalf. The applicable RPC is 5.5(a), which provides that “a lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.”

    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.

    1 comment (Most recent March 21, 2014)
  • March 20, 2014 | Practice News
    City of Lincoln seeks Administrative Hearing Officer

    The City of Lincoln is seeking responses to the Request for Proposals for the position of Administrative Hearing Officer. The Administrative Hearing Officer is appointed by the Mayor with the consent of the Council, and provides adjudication in matters including, but not limited to towing/impounds, parking, and building regulations within the City of Lincoln.

  • March 19, 2014 | Practice News
    Best Practice: Adding videos to law firm websites

    Asked and Answered

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

    Q. I am the partner in charge of marketing for our 12 attorney firm located in the Dallas suburbs. We are an estate planning/estate administration firm exclusively. We have a pretty good website with attorney bios and photos, articles, practice area descriptions, client testimonials and a blog that is updated weekly. We have been discussing the pros and cons of adding videos to the site. I would appreciate your thoughts.

    A. I believe that videos can add to the quality of the site if done properly. A quality video can help you showcase your personality and bedside manner and help a potential client "get to know you." What you say may not be as important as how you say it. However, unless the video is a quality video and well done - it can do more harm than good. Here are a few thoughts:

    1. Consider a video introduction by the managing partner introducing the firm linked off the home page.

    2. Consider a video by each attorney linked off their bio pages.

    3. Consider your audience - mom and pop individual clients as well as potential referral sources. Since your clients are individuals - dress and set your tone accordingly. Be a little less formal - speak to your client concerns. Think about their concerns.

    4. Smile and be friendly.

    5. Hire professionals to help you script and film professional quality videos. (Quality lighting and sound separates professional looking quality from homemade looking videos.)

    6. Provide on-camera training and have your attorneys - Practice - Practice - Practice before live filming.

    7. If you don't have anyone that looks good on camera - don't do it.

  • March 17, 2014 | Practice News
    Illinois Supreme Court disbars 1, suspends 10 in latest disciplinary filing

    The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on March 14, 2014, during the March Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

  • March 17, 2014 | Practice News
    Don’t forget to bring ISBA judicial ratings to the voting booth

    Since Illinois voters have the responsibility to elect judges, the Illinois State Bar Association feels it has an obligation to share with the public information about qualifications of judicial candidates. The lawyers who practice alongside candidates for judicial office are in a unique position to assess the professional qualities that are necessary for good judges.

  • March 13, 2014 | Practice News
    ISBA Statehouse Review for the week of March 13, 2014

    ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers IMDMA and life insurance (House Bill 5825), Guardianship for minors (House Bill 5686), UM/UIM arbitration (House Bill 5575), FOIA (House Bill 5875), IMDMA Rewrite (House Bill 1452), Victims’ Constitutional amendment (HJRCA 1) and Electronic voting in associations and condos (Senate Bill 3040). More information on each bill is available below the video.

  • March 13, 2014 | Practice News
    Gene Schwarm appointed to 5th District Appellate Court

    The Illinois Supreme Court announced Thursday the appointment of Chief Circuit Judge S. Gene Schwarm to the Appellate Court in the Fifth Judicial District. Chief Judge Schwarm will fill the vacancy created by the retirement of Appellate Justice James M. Wexstten, effective January 29, 2014.

    The appointment is effective April 1, 2014 and will expire December 5, 2016, when the position will be filled by the winner of the 2016 General Election

    “I am honored to be selected to fill the vacancy in the Fifth District Appellate Court," Chief Judge Schwarm said. "My humble thanks go to Justice Lloyd Karmeier and the Supreme Court for giving me this opportunity.

    "I am especially pleased to follow retiring Justice Jim Wexstten, an outstanding jurist and colleague."

  • March 12, 2014 | Practice News
    Ethics Question of the Week: What ethical issues can arise from using a listserve?

    Q. I am a solo practitioner who sometimes uses a legal listserve to ask questions about cases. What ethical issues may arise when I use a listserve?

    A. Rule 1.6(a) states that “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by paragraph (b) or required by paragraph (c).” ISBA Professional Conduct Advisory Opinion 12-15 (as well as ABA Formal Ethics Opinion 98-411) discusses the use of listservs as a tool to further client interests as long as precautions are met (such as using hypothetical or abstract situations) to protect client confidentiality and identity and to recognize and guard against potential misuse by others.

    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.    

  • March 12, 2014 | Practice News
    Best Practice: Law firm billing arrangements - flat fees

    Asked and Answered

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

    Q. I am the managing owner of a four attorney estate planning firm in Phoenix. We also have two paralegals, a receptionist, and an office manager. We have always billed our clients by the hour but have been considering switching to a flat rate billing arrangement. I would appreciate your thoughts and suggestions.

  • March 11, 2014 | ISBA News | Practice News
    Ask A Lawyer Day set for April 26

    Please consider volunteering to help the public with their legal questions and, at the same time, enhance the image of the profession.

    Each year, to recognize and celebrate Law Day, the Illinois State Bar Association sponsors “Ask A Lawyer Day,” a day during which volunteers respond to telephone calls from the public and answer general legal questions free of charge. This is a state-wide public relations effort that receives considerable attention from the public and the media. 

    “Ask A Lawyer Day” volunteer lawyers in Springfield will answer calls at the Illinois Bar Center offices at 424 South Second Street from 9 a.m.-noon.  Volunteer lawyers in the Chicago area, will volunteer in the Chicago Office, 20 North Clark Street, Suite 900, from 9 a.m.-noon.

    Springfield

    • Illinois Bar Center
    • 424 South Second Street
    • 9:00 a.m. – noon

    Chicago

    • ISBA Regional Office
    • 20 North Clark Street, Suite 900
    • 9:00 a.m. – 12:00 p.m.

     If you are interested in volunteering, please complete and return this form to Tracy Potter.  You can send it any of the following ways:

    FAX: (217) 525-9063
    EMAIL: tpotter@isba.org
    PHONE: (800) 252-8908

    Please let us know by April 4 if you would like to participate.