Senate Bill 397 (Hutchinson, D-Chicago Heights; Bradley, D-Marion) changes the State tax credit of the Illinois Estate and Generation-Skipping Transfer Tax Act to be $2 million for persons dying before Jan. 1, 2012; $3.5 million for persons dying on or after Jan. 1, 2012 but before Jan. 1, 2013; and $4 million for persons dying on or after Jan. 1, 2013. It has passed both chambers as part of the CME/Sears tax package, and Governor Quinn has indicated that he will sign it. A PDF version of the bill may be found here, and these changes are on pages 288-292 of the 292-page bill.
Practice News
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December 14, 2011 |
Practice News
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December 8, 2011 |
Practice News
Chief Justice Thomas L. Kilbride and the Illinois Supreme Court announced Thursday another step to provide better public access to legal information and to improve the efficiency of lawyers practicing in Illinois.
Effective immediately, Illinois Pattern Jury Instructions, for both civil and criminal cases, will be available on the website of the Supreme Court.
Previously, the complete instructions were available only in bulky, bound volumes and supplemental inserts through a paid subscription or through a law library.
A new letter of agreement, between the Administrative Office of the Illinois Courts and Thomson Reuters, who publishes the volumes under the West Group name, made the change possible. Thomson Reuters retains an exclusive license for publication for commercial purposes.
"This is a very welcome step forward as we move in Illinois to integrate our court systems and processes with the latest technology," said Chief Justice Kilbride. "This was made possible by the renegotiation of our publishing contract with Thomson Reuters, and the continued efforts of the Supreme Court's E-Business Committee to make the practice of law more efficient for lawyers, more cost-effective for clients and court information more accessible to everyone—lawyer and non-lawyer.
"I also wish to thank those members of the Committee on Pattern Jury Instructions, both civil and criminal."
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December 7, 2011 |
Practice News
Former Illinois Gov. Rod Blagojevich was sentenced to 14 years in prison and fined $20,000 on Wednesday for his conviction on 18 felony counts of corruption.
Blagojevich will have to serve just under 12 years under federal rules that say defendants must complete 85 percent of their sentence. Blagojevich doesn’t have to report to federal prison until Feb. 16.
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December 7, 2011 |
Practice News
Effective January 1, Illinois at long last brings its Medicaid rules for long-term care into compliance with federal requirements. Indeed, only California has yet to do so. The new rules make it harder for Illinois long-term care recipients to protect their assets while preserving Medicaid eligibility.
"The new rules are compliant with the DRA but also go beyond just DRA rules," write Diana Law and Kerry Peck in the latest ISBA's Elder Law newsletter. (Law coauthored an article on the new rules that will appear in the January Illinois Bar Journal.) "The new regulations are harsher than current rules and require the practitioner to be aware of how this impacts your clients and the future of your elder law practice." Read their summary of the changes.
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December 7, 2011 |
Practice News
The Illinois Supreme Court on Wednesday granted the Attorney Registration and Disciplinary Commission (ARDC) the authority to investigate and prosecute the unauthorized practice of law.
"We will handle any UPL matter in much the same way we handle a disciplinary matter," ARDC Administrator Jerome Larkin said. "For those who are never licensed anywhere and for disbarred lawyers, we would bring contempt proceedings in the circuit court. For lawyers from out-of-state and for suspended Illinois lawyers, we would bring proceedings before our hearing board."
The Illinois State Bar Association's (ISBA) Board of Governors and the ISBA Task Force on the Unauthorized Practice of Law were instrumental in this development. The ISBA Board in May of 2008 approved a proposal drafted by the ISBA UPL Task Force that sought to provide the ARDC with this authority. This was sent to the ARDC in 2009, which submitted it to the court in 2010.
"It was really a good joint effort by all of the organized bar and our office to give to the courts what we feel is a very practical approach to this problem," said James J. Grogan, ARDC Deputy Administrator and Chief Counsel.
The full text of today's rule amendments are available here: UPL_120711 Rule Amendments.pdf
1 comment (Most recent December 8, 2011) -
December 7, 2011 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. Our firm is a 18 attorney insurance defense firm located in Chicago. We are in our second generation and none of the original founders are still working in the firm. The majority of our insurance company clients have been with the firm for decades and were inherited. Our current crop of partners are primarily "worker bees" and have not developed "rainmaking" skills. We have not added a new client to our client roster in years. In the past two years we have lost several clients due to mergers, consolidations, and partner defections. This concerns us. Currently partners are rewarded and compensated totally on "working attorney" fee collections. We are considering changing our compensation system to including a credit for origination of new business. What are your thoughts regarding client origination credit?
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December 6, 2011 |
Practice News
The Legislative Reference Bureau has put on its website the Criminal Code Rewrite Statute Conversion Tables for PA 96-1551 & PA 97-597 into numerically ordered tables for both Public Acts and all Articles. LRB has placed a PDF of the combined tables on the LRB website as well. Those tables can be found here.
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December 6, 2011 |
Practice News
The Illinois Supreme Court announced today that the Eighteenth Judicial Circuit judges voted to select Alex F. McGimpsey, III as an associate judge of the Eighteenth Judicial Circuit.
Mr. McGimpsey received his undergraduate degree in 1985 from Duke University in Durham, North Carolina, and his Juris Doctor in 1989 from Washington University in St. Louis, Missouri. Mr. McGimpsey is currently affiliated with the DuPage County State's Attorney's Office in Wheaton.
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December 1, 2011 |
Practice News
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Forest Preserve District v. First National Bank, In re Haley D., Crossroads Ford Truck Sales, Inc. v. Sterling Truck Corp., Nowak v. City of Country Club Hills and Reliable Fire Equipment Co. v. Arredondo.
Forest Preserve District of DuPage County v. First National Bank
By Michael T. Reagan, The Law Offices of Michael T. Reagan
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December 1, 2011 |
Practice News
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the criminal cases People v. Hammond, People v. Gutman, People v. Villa, People v. Snyder and People v. Johnson. Click here to read about Thursday's Illinois Supreme Court opinions in the civil cases Forest Preserve District v. First National Bank, In re Haley D., Crossroads Ford Truck Sales, Inc. v. Sterling Truck Corp., Nowak v. City of Country Club Hills and Reliable Fire Equipment Co. v. Arredondo.
People v. Hammond
By Kerry J. Bryson, Office of the State Appellate Defender
Hammondinvolves consolidated cases dealing with the power and authority of probation officers. Two particular issues were considered: (1) whether a probation officer has the authority to file a petition charging a violation of probation, and (2) whether a State’s Attorney may overrule a probation officer’s decision to offer intermediate sanctions for a technical violation of probation pursuant to 730 ILCS 5/5-6-4(i).
The Court concluded that a probation officer’s filing of a petition charging a violation of probation was proper and did not violation separation of powers principles. The State still bears the burden of proving the violation, and the court must still impose an appropriate sanction for the violation, if proved.