Practice News

Illinois Bar Foundation's big boost to provide "springboard to success"

Chicago history teacher Dennis Kass, 37, puts his law degree to use at the school where he teaches – Infinity Math, Science and Technology High School in Little Village – by providing free legal information and services to students and their families at after-school clinics.

During the 2012-2013 school year alone, he handled more than 125 cases through the nonprofit he established in 2010, the Chicago Law and Education Foundation (CLEF), on legal matters that run the gamut from orders of protection for victims of domestic violence and immigration issues to help in avoiding mortgage foreclosure and expunging of criminal records.

Now, his fledging foundation, with an annual operating budget of about $21,500, is getting a big boost, thanks to the Illinois Bar Foundation (IBF), the fundraising arm of the Illinois State Bar Association. For every new or increased dollar pledged through a matching grant campaign from June 1 through September 30, the bar foundation will match it up to $5,000. That’s on top of a $6,000 grant The IBF already awarded CLEF in April.

The money will go a long way towards helping the Chicago native expand the legal clinics to other schools and ultimately enable him to pay the salary of a full-time lawyer. Down the road, he dreams of offering legal clinics in every public high school.

“Dennis has a sincere commitment to providing access to justice to low-income individuals who need it the most,” said David M. Anderson, IBF executive director. “We hope these funds will be a springboard to further growth and success.”

By Jim Covington, ISBA Director of Legislative Affairs

This is a quick and dirty summary of 10 bills that have been passed by both chambers that may be of interest to ISBA members. The General Assembly has 30 days from passage to transmit it to the Governor, and he then has 60 days to take action on them. Enjoy!

(1) Tort cases and settlement problems.Senate Bill 1912 (Raoul, D-Chicago; Sims, D-Chicago) amends the Code of Civil Procedure to create an enforcement mechanism for cases in which the parties agree to settle, but the defendant won’t comply with the agreement. It is limited to cases seeking money damages involving personal injury, wrongful death, or tort action. It requires a settling defendant pay all sums due to the plaintiff within 30 days of tender of all applicable documents required under this new Section.

It requires a “settling defendant” to tender a release to the plaintiff within 14 days of written confirmation of the settlement. If the law requires court approval of a settlement, the plaintiff must tender to the defendant a copy of the court order approving the settlement. If there is a known third-party right of recovery or subrogation interest, the plaintiff may protect the third-party’s right of recovery or subrogation interest by tendering to the defendant:

Asked and Answered

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

Q. Our firm is an estate planning firm located in the Chicago suburbs. We have three attorneys, four paralegals, and three staff support members. We have observed over the past three years a trend where our new matters and associated fee revenues starts a dramatic decline in April and continues to do so until August. In the past we have just remained in a state of denial and relied on hope and prayer. This year we would like to be more proactive. I would appreciate your thoughts.

A. You could try investing in some additional advertising designed to stimulate early demand for such services. However, short of a new tax or other regulation occurring this summer or a dramatic price reduction - i.e. get your will done and get your spouse's will for free - I doubt that such advertising will do much to create a reason to act now as opposed to the fall or end of the year. Then you would have the additional cost of the advertising and lower revenue as a result of the discount or special offer. I believe you might be better off focusing on cost reduction and cutting back on attorney and staff hours until demand picks up again in the fall.

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An Illinois State Bar Association special committee has issued a 64-page report that addresses the serious funding crisis facing Illinois courts. 

“The long-term goal should be more than just alleviating the funding crisis,” said ISBA President John E. Thies, of Urbana. “Restoring courts to their proper place as a co-equal branch of government will return to the citizens of Illinois far more than the amount invested.”

In June 2012, Thies appointed a Special Committee on Fair and Impartial Courts, co-chaired by Illinois Circuit Judge Patricia P. Golden (Ret.), of West Dundee, and Illinois Appellate Court Justice James M. Wexstten, of Mt. Vernon. Their report and recommendations, which were accepted on May 17 at a meeting of the ISBA Board of Governors in Galena, will be voted on by the ISBA’s policy-making Assembly when it convenes on June 22.

According to the report, “The ability of the courts to deliver fair, timely and professional service has been degraded over the last dozen years by three trends: unpredictable budgets, cuts in real allocations, and disproportionate cuts. Funding cuts have affected all aspects of the judicial process.”

To identify the areas of special concern, the committee surveyed the chief judges of each judicial district in Illinois, as well as practicing lawyers. They then identified several problem areas and made recommendations that include the following: