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  • September 18, 2013 | Practice News
    Best Practice: Law firm non-equity partnership tiers

    Asked and Answered

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

    Q. We are a 12-attorney firm in Houston with three equity partners and nine associates. Several of our associates have been with the firm for over 10 years. My partners and I are all in our early 60s and are beginning to think about succession and retirement. If possible, we would like to keep the firm within the family and not go the merger route. What are your thoughts concerning two-tier partnership structures (equity and non-equity partnership)? Should we consider bringing associates in first into a non-equity tier?

    A. I believe that a non-equity tier gives a firm a way to give associates the professional recognition and status of being a partner without conveying actual ownership and diluting ownership and control. Often a key differentiating factor between equity and non-equity partnership is client origination. Partners that don't originate a sizeable book of business often don't make it to the equity tier. For very small firms a non-equity often does not make sense - for others it often does. If you believe, as I do, that equity partners should be client originators and if you currently have a mix of client originator and non-client originator associates with 10 years or more time with the firm you may want to consider a two-tier structure. You should carefully define, and put in writing, admission criteria for each tier.

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  • September 17, 2013 | Practice News
    Applications being accepted for judicial vacancy in Wayne County

    Illinois Supreme Court Justice Lloyd A. Karmeier announced Tuesday that an application process has begun for a Circuit Court vacancy in Wayne County, Second Judicial Circuit.

    The resident Circuit vacancy is being created by the announced resignation of Circuit Judge Bennie Joe Harrison, effective November 30, 2013.

    Under the Illinois Constitution, the Supreme Court holds the authority to fill interim judicial vacancies.

    Justice Karmeier uses a committee to evaluate and interview applicants before making a recommendation to the Court for vacancies in the Fifth Judicial District.

    Applicants must submit a cover letter with the Requested Information of an Applicant Form to:

    • Justice Lloyd A. Karmeier
    • Supreme Court of Illinois
    • P.O. Box 266
    • Nashville, IL 62263

    The form may be obtained from the office of Chief Judge Stephen G. Sawyer of the Second Judicial Circuit in Mt. Carmel; or from Wayne County Circuit Clerk Sharon Gualdoni; or from Resident Circuit Judge Bennie Joe Harrison at the Wayne County Courthouse; or from Justice Karmeier.

    Applicants' cover letter and completed form must be received in Justice Karmeier's office no later than Friday, October 3, 2013. The person appointed to fill the vacancy will serve until the position is filled through the November 2014 General Election. The appointment will terminate December 1, 2014. To be eligible for appointment, a person must be a resident of Wayne County at the time of the appointment.

  • September 13, 2013 | Practice News
    Supreme Court approves cameras for courts in six Eastern Illinois counties

    Chief Justice Thomas L. Kilbride of the Illinois Supreme Court and Chief Judge Dan L. Flannell of the Sixth Judicial Circuit announced on Friday that news cameras will be allowed in trial courts in six additional Illinois counties.

    The Sixth Judicial Circuit is comprised of Champaign, DeWitt, Douglas, Macon, Moultrie and Piatt counties in east central Illinois. With today's announcement, total participation in the pilot project rises to 35 counties within 13 judicial Circuits.

    “Cameras and microphones in the courtroom now reach citizens in more than one half of the judicial circuits and one third of the counties in Illinois," Chief Justice Kilbride said. "Chief Judge Flannell's application and approval by the Supreme Court to allow cameras in the trial courtrooms will bring more geographical diversity to the pilot project.

  • September 12, 2013 | Practice News
    A look at the lawsuit challenging the governor's 'stop order' on legislators' pay

    After Governor Quinn vetoed the appropriation for lawmakers' salaries until they fix the pension system, they responded with a lawsuit challenging his constitutional authority to do so. In the new issue of The Public Servant, newsletter of ISBA's Standing Committee on Government Lawyers, Tiffany Elking looks at the lawsuit and the reasoning behind it.

    The plaintiffs make several arguments. The most technical is that the actual line-item veto didn't go far enough, striking only the itemized compensation for members and not the total for their salaries (Elking nicely illustrates this by showing the Governor's strikethroughs). Consequently, "the lump sum for the base salaries [and] additional salary to party leaders" leaves money in the pot that must be used to pay legislators.

    And even if the veto passes that test, the plaintiff's argue, it violates Article IV, Section 11 the Illinois Constitution by making salary changes midterm ("changes in the salary of a member shall not take effect during the term for which he has been elected").

    But the most compelling argument is an appeal to common sense. "If one branch is able to unilaterally have so much power over another, where would it stop?" Elking asks. "[I]t does not seem to make sense to allow any Governor the ability to suddenly withhold the pay of the legislators based on a single legislative issue....[E]very single issue the legislature deals with is important to someone or some constituent."

    1 comment (Most recent September 13, 2013)
  • September 12, 2013 | Practice News
    Rita B. Garman elected as next Supreme Court Chief Justice

    The Illinois Supreme Court announced Thursday that Justice Rita B. Garman will be its next Chief Justice, continuing her remarkable and unprecedented journey to the top of the state's judiciary.

    Justice Garman was chosen unanimously by her fellow justices to succeed Chief Justice Thomas L. Kilbride, who will leave a notable legacy of achievement when his term as Chief concludes October 25. Justice Garman will become the 119th Chief Justice of the Illinois Supreme Court when she assumes the position beginning a three-year term on October 26.

    She will become the second woman in Illinois to be Chief Justice and the second woman to head one of the three branches of government in Illinois. Her selection as Chief Justice on the seven-member Court culminates her long service to the people of Illinois. There are more than 950 judges in Illinois, and Justice Garman has served in the judiciary longer than all of them--except one.

    She first wore the judicial robe in 1974 as an associate judge in Danville in the 5th Judicial Circuit, and will mark her 40th anniversary as an Illinois judge next January 7.

    1 comment (Most recent September 13, 2013)
  • September 12, 2013 | Practice News
    Quick takes on Thursday's Illinois Supreme Court opinions

    Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil case Coram v. State of Illinois and the criminal case People v. Aguilar.

    CIVIL

    Coram v. The State of Illinois

    By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

    The Illinois Supreme Court found a way to interpret the state and federal statutory gun control schemes so as to avoid reaching the issue of constitutionality of section 922(g)(9) of the federal act.  The issue divided the Court, resulting in concurring and dissenting opinions.  And, the concurrence suggests that the constitutionality issues will soon arise again.

  • September 12, 2013 | Practice News | ISBA News
    2 Minutes with the President: Paula H. Holderman interviews Judge Diane Wood

    ISBA President Paula H. Holderman interviews Judge Diane Wood of the U.S. Court of Appeals for the 7th Circuit about issues facing the court. Judge Wood will become the first woman to serve as Chief Judge of the 7th Circuit when she assumes the post on Oct. 1. Watch the video below to hear what Judge Wood had to say.

  • September 12, 2013 | Practice News
    Help Military Families move forward

    The strain of deployment isn't just felt by Servicemembers. Military families live with the pressures of war thousands of miles away. Lengthy separations, the realities of single parenting, financial stress, constant worry for loved one's safety and difficult communications takes a toll that is sometimes irreparable.

    Military Families need local legal assistance.

    What should be a joyful reunion can turn painful when family life becomes an unexpected casualty of war. The life they thought they were getting back, in some cases, has ceased to exist. Military families often need local legal help or mediation to face failing marriages, custody and child support issues, and the division of assets.

    Sometimes they need help moving forward.

    An attorney from their community who understands the intricacies of the state and federal laws affecting military personnel and family law is the kind of advocate military families need most.

    Learn how you can help. 

    To sign up please go to – http://militarylegalsupport.com

  • September 11, 2013 | Practice News
    Best Practice: Handling law office staff that can't get along

    Asked and Answered

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

    Q. I am the managing partner in an eight attorney firm in Chicago. We are having problems with office staff members getting along. Office conflict is rampant. Any suggestions?

    A. You should begin by identifying some of the causes. Poor communications often can be the root cause of such problems. Interview each of your staff members individually and probe. What do they think? Is communications a problem? Are roles, duties, and responsibilities clarified? Lack of clarity can in these areas can lead to turf wars. You may want to design job descriptions for each employee and clarify roles, duties, and responsibilities for each employee. Conduct short weekly staff meetings to enhance communications. Use agendas. Take and publish notes of the meetings. Advise every one of your expectations including all members working together as team members. Let them know that working together as a team is a performance factor that will be considered in performance evaluations and reviews. Conduct periodic performance reviews. Counsel and take action against problem employees.

    Maybe it is time to hire a firm administrator or business manager and let them deal with it.

    Click here for our blog on career management

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  • September 10, 2013 | Practice News
    Tim Evans elected chief judge for 5th term

    Circuit Court of Cook County Chief Judge Timothy C. Evans was elected to a fifth term as chief judge Tuesday by an overwhelming majority of circuit judges voting. His new three year term will begin December 2, 2013.

    The results were announced by Judge Raymond L. Jagielski , chair of the Judicial Election Committee, who said Chief Judge Evans ran for re-election unopposed. Other committee members included: Judge Mary Ellen Coghlan, Judge Lynn M. Egan, Judge Marya Nega, Judge Leida J. Gonzalez Santiago, Judge Jane Louise Stuart, Judge Shelley Sutker-Dermer, and Judge E. Kenneth Wright, Jr.

    According to Jagielski, the election was held today, September 10, 2013, in the Richard J. Daley Center’s Jury Assembly Room. Jagielski said 239 votes were cast; of those, seven were spoiled and the remaining 232 were cast for Chief Judge Evans.