ISBA President Paula H. Holderman interviews Winston & Strawn partner and 7th Circuit Bar Association President Julie Bauer. They discuss what hiring partners look for when interviewing for associate positions, the changes new lawyers face and the importance of being involved in bar associations.
Practice News
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February 27, 2014 |
Practice News | ISBA News
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February 27, 2014 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Court-services fee (House Bill 5453), Mechanics Lien Act (Senate Bill 3023), IMDMA (House Bill 5991), Mortgage Foreclosure (Senate Bill 3104) and Health Care Power of Attorney (Senate Bill 3228). More information on each bill is available below the video.
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February 26, 2014 |
Practice News
Q. My client recently informed me that he is hiring a different attorney. Do I have an obligation to return my files to him?
A. Rule 1.16(d), concerning “Declining or Terminating Representation,” states that a lawyer must take reasonable steps to avoid any unforeseeable prejudice to a client. This includes delivering to the client all papers and property to which the client is entitled. In addition, ISBA Professional Conduct Advisory Opinions 94-13 and 94-14 discuss what papers a client is entitled to and who pays the expense for copies of files. Comment [9] to Rule 1.15 provides that “the lawyer may retain papers as security for a fee only to the extent permitted by law.” The applicability and effectiveness of Illinois’ common law retaining lien is discussed in In re Liquidation of Mile Square Health Plan of Illinois, 218 Ill.App.3d 674, 578 N.E.2d 1075 (1st Dist. 1991).
ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics
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February 21, 2014 |
Practice News
Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Bartlow v. Costigan and Evanston Insurance Company v. Riseborough and the criminal cases People v. Cregan and People v. Tousignant.
CIVIL
Bartlow v. Costigan
By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa
The Employee Classification Act (820 ILCS 185/1) was enacted to “address the practice of misclassifying employees as independent contractors” in the construction industry. The Act broadly defines “performing services” for a construction contractor, and then states that an individual performing such services is “deemed to be an employee of the employer.”
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February 20, 2014 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers UM/UIM arbitration (House Bill 5575), Probate Act and child's award (Senate Bill 2904), Health Care Services Lien Act (House Bill 5656), Mechanics Lien Act (House Bill 5663), Ticket quotas prohibited (Senate Bill 3411), Presumptions in IMDMA (House Bill 5425) and Regulation of loans to litigants (Senate Bill 3169). More information on each bill is available below the video.
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February 19, 2014 |
Practice News
Q. I want to send an email announcement of my new office address to all the businesses in my community. Do I need to include the words “Advertising Material” on the email?
A. Rule 7.3, governing “Direct Contact with Prospective Clients,” includes a requirement to include the words “Advertising Material” on envelopes or recorded or electronic communications soliciting professional employment from a prospective client known to be in need of legal services in a particular matter. Comment [7] to that Rule provides that “General announcements by lawyers, including changes in personnel or office location, do not constitute communications soliciting professional employment from a client known to be in need of legal services within the meaning of this Rule.” See also ISBA Professional Conduct Advisory Opinion 12-04.
ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics
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February 19, 2014 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. We are a 16-attorney insurance defense firm in Central Illinois. We have 8 partners and 8 associates. We are in second generation, have inherited our existing clients from the original founders, and currently have no rainmakers. We need to bring some rainmakers into our partner ranks and have been discussing the possibility of merger. I would appreciate your thoughts.
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February 14, 2014 |
Practice News
Remaining 10th Circuit counties will join in 60 days
The Illinois Supreme Court announced on Friday that news cameras and microphones will be allowed in trial courtrooms in Peoria County in the 10th Judicial Circuit. Peoria County becomes the 36th county in Illinois to participate in the pilot project allowing cameras in trial courtrooms.
Under Local Rule 15, the remaining four counties in the Circuit will also join the pilot project in 60 days, bringing the grand total of participating counties in Illinois to 40 and the total number of participating circuits to 14. The 10th Judicial Circuit consists of Marshall, Peoria, Putnam, Stark and Tazewell counties in central Illinois.
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February 12, 2014 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. Our litigation firm is located in Grand Rapids, Mich. and consists of 12 attorneys - eight partners and four associates. We started the firm six years ago as a result of several of us leaving larger law firms and wanting to start something new and different. We have been discussing our current approach to law practice and want to consider alternative business models. We would appreciate your thoughts.
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February 10, 2014 |
Practice News
ISBA President Paula H. Holderman interviews Cook County Judge Thomas Mulroy about the proposed mandatory arbitration program and the benefits it would have for both litigants and lawyers.
2 comments (Most recent February 14, 2014)