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  • August 4, 2011 | 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 family law case O'Brien v. O'Brien and criminal case People v. White.

    CIVIL

    O’Brien v. O’Brien

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

    This family law case actually involves the much broader issue of the proper standard to be used in deciding whether to substitute a judge “for cause.” 

    Lisa O’Brien filed domestic battery charges against her estranged husband, John O’Brien. Judge Joseph Waldeck presided over an evidentiary hearing in that matter and made certain evidentiary rulings. Judge Waldeck subsequently presided over the couple’s marital dissolution proceedings. About one year after the dissolution case was pending, John sought a substitution of judge pursuant to Illinois Code of Civil Procedure section 2-1001(a)(3), which provides for substitution “for cause.” Another judge considered the matter and denied substitution. From the final judgment, John appealed and the case reached the Illinois Supreme Court on a certificate of importance.

  • August 4, 2011 | Practice News
    ISBA Statehouse Review for the week of August 4
    ISBA Director of Legislative Affairs Jim Covington discusses bills in Springfield of interest to ISBA members. This week he covers new laws that make a number of changes to the Home Repair and Remodeling Act (PA 97-235) and PA 97-236, which covers lessees and criminal activity.
  • August 3, 2011 | Practice News
    Illinois Supreme Court makes electronic record accessible in DuPage, Ogle appellate cases

    Chief Justice Thomas L. Kilbride and the Illinois Supreme Court announced Wednesday another step forward in doing court business through electronic means.

    The Court approved a pilot project in the Second Judicial District Appellate Court that will allow attorneys, parties and appellate justices to electronically view, access and work from the official record of cases on appeal from DuPage and Ogle counties. However, the paper record will continue to be the official record on appeal pursuant to Supreme Court rule and will be available to parties who would rather use a paper record.

    “It sounds like a small step but this should prove to be a big benefit for both attorneys and justices working on appeals,” said Chief Justice Kilbride. “With an electronic record accessible to those involved in appeals, attorneys and justices can view the record and work contemporaneously on a case.

    “It is another step forward in developing and implementing e-business applications in the court system with an eye toward making it friendly, efficient and cost-effective.”

    The Second District pilot project follows in the wake of an initiative announced in June by the Chief Justice and the Court to move Illinois courts forward in the electronic age with the formation of a special Supreme Court committee to propose new ways of doing court business to achieve efficiency and economy in the court system.

  • August 3, 2011 | Practice News
    Best Practice: Key Documents Needed to Launch a Law Firm Merger/Acquisition/Sale Initiative

    Asked and Answered

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

    Q. Our firm is a 5 attorney firm in Detroit with three partners and two associates. The three partners are 79, 72, and 67 respectively. All three are considering succession and exit options. While internal succession is an option the firm has had a few merger chats with larger firms - on isolated unplanned occasions. We are having problems getting focused and generating interest from other firms. Is there a suggested process and or documents that we should prepare to generate interest and properly package our firm?

    A. I suggest that you start by preparing an offer package that can be provided to other firms that you may approach directly or indirectly. A good offer package consists of the following:

    1. A firm profile (without identity for some presentations)
    2. Nondisclosure Agreement
    3. Detained Offering Memorandum (Confidential Descriptive Memorandum)

    The Offering Memorandum

    Tells the firm's story

    Provides relevant facts other firms want to know including:

  • August 1, 2011 | Practice News
    The 2011 rewrite of the Illinois Workers' Compensation Act

    Make no mistake, this is not the workers' comp act you knew two months ago. Rich Hannigan's article in the August Illinois Bar Journal highlights key changes to the law, many of which take effect next month.

    1 comment (Most recent August 11, 2011)
  • August 1, 2011 | Practice News
    Gramlich recalled in 7th Circuit

    The Illinois Supreme Court has announced that retired Associate Judge Charles J. Gramlich has been recalled to duty in the 7th Judicial Circuit. This appointment was required by the recent death of Judge Lois Bell. This recall is effective Aug. 1, 2011, and terminates on Dec. 3, 2012.

  • July 28, 2011 | Practice News
    ISBA Statehouse Review for the week of July 28

    ISBA Director of Legislative Affairs Jim Covington reports from Springfield on two family law bills recently signed into law: (PA 97-189)-Penalty for False reporting of child abuse or neglect enhanced to a Class 4 felony and (PA 97-186)-two changes affecting past-due child support.

  • July 27, 2011 | Practice News
    August IBJ: Twitter for lawyers

    You just don't get Twitter, you say? You're not alone. But many of your colleagues, including some who shared your skepticism, are using Twitter to reach out to fellow practitioners, communicate with the public, and make themselves better lawyers. Read all about it in the August Illinois Bar Journal.

  • July 27, 2011 | Practice News
    Best Practice: Law firm succession & retirement options

    Asked and Answered

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

    Q. I am the senior partner in a six attorney firm in Los Angeles. I am 68 years old and thought that it was  about time I begin thinking about retirement and begin discussions with my other partners. We have no partnership agreement and no plans in place to effect the transition of partners. What are some of the methods being used by law firms effect the retirement of partners?

    A. There are almost as many approaches as there are law firms - ranging from partners that just leave and give their practices to the others partners to various methods for buying out the departing partner's interest in the partnership. In the final analysis the optimal approach is what makes everyone happy and a solution that everyone can live with. Here are a few illustrations:

     Fully Funded Retirement

    • Partner gets capital account
    • Share of current year earnings
    • Benefits from the partner’s personal retirement plan
    • No payment for share of WIP or AR

    50 Percent Wind Down Option – Then Retirement Payments For Live

    • Five year step-down plan in lieu of payoff
    • Partner get capital accounts
    • Share of accounts receivable
    • No share of WIP
    • Five year stepped pay down to 50%, then for life one-half of 5th year payout.

    Pension For Live

  • July 26, 2011 | Practice News
    Fraud alert from ISBA Mutual: Beware of checks from unknown prospective clients

    Lawyers are increasingly receiving emails from alleged potential clients who supply legitimate looking but bogus checks and then develop reasons why some or all of the money has to be wire transferred to institutions or individuals who are usually in foreign countries.  We expect these fraudulent activities to continue and we want to help our policyholders avoid these situations. While the checks are transmitted in a way that appears to be legitimate, they routinely turn out to be bogus.

    The same scenario is common with each of these scams. The law firm receives what appears to be a cashier’s check drawn on a legitimate domestic or foreign bank from a prospective client for a legitimate sounding business purpose. The law firm deposits the check in their client trust account. Almost immediately, the firm is besieged by the prospective client with urgent requests to wire transfer some or all of the proceeds of the check to banks or other recipients usually in foreign countries for legitimate sounding emergency needs. The original check turns out to be bogus.

    3 comments (Most recent July 28, 2011)