Practice News

Two recent cases out of the First District of the Appellate Court in Illinois have bolstered the right of attorneys to assert the attorney client and work product privileges to withhold documents in the context of a malpractice claim against them. In Garvey v. Seyfarth Shaw LLP, 2012 Ill. App. LEXIS 132; 966 N.E. 2d 523 (1st Dist. Mar. 1, 2012) and MDA City Apartments, LLC v. DLA Piper LLP (US), 2012 Ill. App. LEXIS 201 (1st Dist. Mar. 22, 2012), the Court rejected the application of the “fiduciary-duty” exception to the attorney client and work product privileges. The opinions give instruction as to the underlying facts and factors which will frame and preserve an attorney’s asserted privilege as against his or her former client.

Many lawyers, particularly young parents, have fantasized about being able to sit at a computer at home and answer clients' legal questions over the internet.  It is therefore, no surprise to learn that those internet-based law practices already exist. Stephanie Kimbro, for example, maintains a web page which identifies her as a member of Burton Law Firm, LLC, "A virtual law firm offering online unbundling and traditional full service representation in North Carolina and Ohio." She has even named her blog, Virtual Lawyering. Similarly, Richard Granat, who publishes the e-Lawyering blog, operates MDFAMILYLAWYER.com, a Maryland virtual law firm, from his home in Florida. One big challenge for these and other lawyers who use the internet, with its global reach, as their primary method of practicing law, is satisfying the ethical requirements of local authorities. Both of these lawyers clearly identify themselves as the provider of legal services and the nature and limits of the legal services that they offer. At least one well known legal media consultant, Robert Ambrogi, considers them to be ethical users of the internet.  

ISBA President John E. Thies revisits the ISBA's efforts to keep multidisciplinary practice out of the legal profession.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the New probate fee, Juvenile Records, Adoption and Disabled adults. More information on each bill is available below the video.

New probate fee. Public Act 97-1093 (Silverstein, D-Chicago; Feigenholtz, D-Chicago) creates a $100 fee to open a decedent's estate to fund the State Guardianship and Advocacy Commission. It exempts indigents, the State Guardian, any state agency, any local public guardian, and any state's attorney. (2) It also allows the court to appoint a limited guardian for a disabled adult who lacks some but not all of the required capacity. If the court finds that the ward is totally without the required capacity, it may appoint a plenary guardian. (3) It adds criteria for the termination of the guardianship or modification of the guardian's duties. Effective January 1, 2013.