ISBA President John E. Thies asks Illinois Bar Foundation President Hon. Debra Walker how IBF is addressing the issue of access to justice in Illinois. They also discuss the IBF Lawyers Care Fund - how lawyers help take care of their own.
Practice News
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May 2, 2013 |
Practice News | ISBA News
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May 2, 2013 |
Practice News | Events
Cook County Circuit Clerk Dorothy Brown will host an Expungement Summit will be held on Saturday, June 8 at the New Faith Baptist Church International, 25 S. Central, Matteson. This is a full service expungement summit serving both adults and juveniles.
Registration begins at 8:30 a.m. and doors close at 6 p.m. Call (312) 603-5200 for additional information or visit www.cookcountyclerkofcourt.org.
Volunteer attorneys will be on site to help with expungement and sealing applications. Attorneys interested in volunteering must attend an MCLE training course on May 15 or May 22 from 3-5:30 p.m. at the County Building, 69 W. Washingon, 17th floor. RSVP for the training to mrnoel@cookcountycourt.com
Volunteer attorneys will receive 2.5 General MCLE credits.
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May 1, 2013 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. Our firm is a relatively new firm. Several of us left a large firm in Dallas and started the firm last year. We have 17 attorneys - 10 of us are partners. When we started the firm we each put in a little cash and obtained a line of credit which we have used extensively and we are at our limit. Is this a good practice? Should the partners contribute more capital? How much? I would appreciate your ideas.
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May 1, 2013 |
Practice News
The Attorney Registration and Disciplinary Commission (ARDC), the administrative agency that regulates licensed Illinois lawyers, has filed its year 2012 Annual Report with the Supreme Court of Illinois. The report was released to the public this morning when a copy was posted on the ARDC website: www.iardc.org.
A summary of the annual report entitled Highlights from the Annual Report is available below. Click here for the full report.
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April 30, 2013 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Collaborative law for family law cases (Senate Bill 31), Collection changes (Senate Bill 1044), Access to Justice Act (House Bill 3111), Supreme Court Special Purposes Fund (Senate Bill 1768) and Sentencing hearings (Senate Bill 1528). More information on each bill is available below the video.
Collaborative law for family law cases. Senate Bill 31 (Noland, D-Elgin) codifies by statute the Uniform Law Commission’s proposed alternative dispute resolution for family law cases that is now being done by private agreement between litigants. It includes a variety of process requirements such as treatment of settlement communications as confidential, establishment of an evidentiary privilege for settlement discussions, lawyer disqualification if the process fails, and informal discovery procedures. Held in Senate Judiciary Committee.
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April 25, 2013 |
Practice News
CIVIL
Palm v. 2800 Lake Shore Drive Condominium Association
By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa
Palm v. 2800 Lake Shore, while nominally about the circumstances in which a condominium unit owner can obtain the records of the condominium association, is fundamentally about whether the section of the Chicago Municipal Code dealing with that subject is a valid exercise of the City’s home rule power. The court also decided that the prevailing plaintiff unit owner, entitled to attorneys fees pursuant to the ordinance allowing recovery of "his reasonable attorney fees," is not limited to the fees actually charged by his attorney, but could recover greater fees at the reasonable market rate established by the evidence. The circuit and appellate courts were affirmed.
The association defendants asserted that the Chicago ordinance conflicted with the Condominium Property Act and the General Not For Profit Corporation Act. The statutes require unit owners to state a proper purpose for obtaining association financial books, limit requests to ten years of records, and allow the association 30 days in which to gather the records. The ordinance does not require statement of a purpose, does not restrict the age of the documents, and requires production with three business days. The parties and the court all agreed that the ordinance conflicted with the statutes.
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April 25, 2013 |
Practice News
By Joseph R. Marconi, for ISBA Mutual
Even neophyte attorneys understand that their clients’ actions can be barred if they miss a statutory limitations period. However, experienced attorneys may forget that when handling claims against insurance companies under their clients’ uninsured or underinsured motorist coverage a contractual two-year limitation2 will trump any longer statutory period. Failure to adhere to the two-year limitation period will terminate a claim as surely as a blown statute.
The Illinois Insurance Code (“Insurance Code”) (215 ILCS 5/1 et seq.) requires two provisions for all auto insurance policies issued in the state: uninsured or underinsured insurance coverage (”UM/UIM”) and a mandatory arbitration provision with respect to “any dispute with respect to coverage and the amount of damages …” 215 ILCS 5/143a. Practitioners need to realize that as a result, UM/UIM policies typically contain within them a contractual two-year limitations period for demanding arbitration of any claim against their clients’ UM/UIM carrier.
1 comment (Most recent May 1, 2013) -
April 24, 2013 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers UM coverage (Senate Bill 1898), Claim for money damages (Senate Bill 1912), FOIA and attorney’s fees (Senate Bill 1514), Visitation (House Bill 2992) and Fraudulent real estate transactions (House Bill 2832). More information on each bill is available below the video.
UM coverage. Senate Bill 1898 (Biss, D-Skokie) increases the required minimum liability insurance policies for drivers as follows: bodily injury or death to any person from $20,000 to $30,000; bodily injury or death to two or more persons from $40,000 to $60,000; and property damage from $15,000 to $20,000. It is on third reading in the Senate.
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April 24, 2013 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. Our firm is a 24 attorney firm in the western Chicago suburbs. We have 10 partners - five are in their early 60s. We represent small to mid-size business clients. Recently we have been discussing the eventual retirement of the senior partners and approaches to client transition. We would appreciate your thoughts.
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April 23, 2013 |
Practice News
The Illinois Supreme Court and Justice Mary Jane Theis announced Tuesday the appointment of attorneys Andrea M. Buford and Pamela McLean Meyerson as Cook County Circuit Judges.
Ms. Buford was appointed by the Court to fill the at-large vacancy created by the retirement of Pamela E. H. Veal. The appointment is effective May 17, 2013 and will terminate December 1, 2014, when the position is filled by the 2014 General Election.