You fear Mrs. Jones has diminished capacity. Can you allow her to make a decision you advise against? Must you? In the November IBJ, Kerry Peck explores this and other issues, like conflict of interest and confidentiality, that arise in serving elderly and other estate-planning clients.
Practice News
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November 2, 2011 |
Practice News
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November 2, 2011 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am a solo owner of a small law firm in Southern Illinois and have been solo for ten years. I have two staff members in the firm. Recently I have been contemplating either bringing in a partner or joining another firm? What are the advantages and disadvantages?
A. Partnership can offer its lawyers a measure of value independent of the skills, talents, and contributions of its individual partners?
Pros
The advantages that the best law firms have over sole practitioners or groups of lawyers who share overhead include:
- Shared skills and expertise
- Backup or additional help when needed
- A safety net during economic downturns
- Shared resources, such as technology, library and research access, forms, and work products
- Cross-selling and/or referral of work
- Access to the expertise of lawyers in various disciplines
- Highly trained associates, legal assistants, and support staff
- A firm name or reputation that makes marketing easier
- More-sophisticated and highly skilled management
- Opportunities for individual lawyers to become highly specialized
- A system of partner coaching that brings out the best in each partner
- Emotional support, encouragement, and personal recognition
- Flexibility that allows lawyers to be more involved in probono, community, and bar activities
- Continuation of the firm beyond the tenure of the current owners
Cons
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October 28, 2011 |
ISBA News | Events | Practice News
Illinois Supreme Court Chief Justice Thomas L. Kilbride delivered the plenary speech to a packed house on Friday morning at the Illinois State Bar Association's Solo and Small Firm Conference in Springfield. The Chief Justice detailed his rise from legal aid lawyer to solo practioner to the Supreme Court.
Kilbride detailed his start as a young lawyer making $14,000 a year in 1981 at the Legal Aid clinic in Rock Island. He represented workers laid off during the early 80s recession from local factories.
Kilbride left the clinic to join a small law firm in 1987. He did insurance defense work and made partner, but became unhappy with the long hours and lack of control. He left and went out on his own in 1993.
He applied for associate judge three times, losing out each time. He finally won a much larger seat in 2000, joining the Illinois Supreme Court.
News and notes from Chief Justice Kilbride:
- He switched from a BlackBerry to an iPhone 4S (yesterday)
- Yellow page ads worked great for him (though he admits this was pre-2000)
- Make your clients happy; then ask them to refer their friends and family
- A law office in a prominent location may not be a good thing (some people want anonymity when seeing a lawyer)
- Some people correctly say he is "all screwed up" (he required 36 screws for injuries suffered in a biking accident)
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October 27, 2011 |
Practice News
Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases A.B.A.T.E. of Ill., v. Quinn and Sierra Club v. Illinois Pollution Control Board. The Illinois Supreme Court summaries are included for Criminal case People v. Hill and Family Law case In re Dar. C. and Das. C., Minors.
CIVIL
A.B.A.T.E. of Ill., Inc. v. Quinn
By Alyssa M. Reiter, Williams Montgomery & John Ltd.
This case concerned issues of legislative authority regarding an amendment to the Cycle
Rider Safety Training Act. In 1993, the legislature amended the Cycle Rider Safety Training Fund (CRSTF) from a special fund inside the state treasury to a “trust fundoutside of the State treasury.” The appeal considered what effect this amendment had on the legislature’s authority to order the transfer of funds out of the CRSTF and into the General Revenue Fund (GRF). The issues included whether the transfer of funds out of the CRSTF amounted to an unconstitutional “taking” of private property without just compensation and whether, in order to transfer funds out of the CRSTF, the legislature had to first amend the CRST Act. The appellate court held that the removal of funds from the CRSTF was not an unconstitutional taking and that the legislature had the authority to order a transfer of funds out of the CRSTF and into the GRF. The Supreme Court affirmed.
Sierra Club v. Illinois Pollution Control Board
By Alyssa M. Reiter, Williams Montgomery & John Ltd.
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October 26, 2011 |
Practice News
ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers: House Bill 1604, Senate Bill 1694, Senate Bill 1259 and House Bill 1589. Information on each bill is available below the video.
House Bill 1604 (Howard, D-Chicago; Sullivan, D-Rushville) allows a court to order the following relief for visitation abuse: (1) suspend the defendant’s driving privileges; (2) suspend the defendant’s professional license; and (3) fine the defendant for not more than $500 as a petty offense; (4) requires a finding that a party engaged in visitation abuse constitutes “a change in circumstances of the child or his custodian” under Section 610 of the Illinois Marriage and Dissolution Act. It is scheduled for a hearing next week in Senate Judiciary Committee.
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October 26, 2011 |
Practice News
How many lawyers really know where they want to take their practices? How many have a strategic plan, complete with a mission, goals and an action plan flowing from that mission, and a system for measuring success? Find out why you should be one who does in the November Illinois Bar Journal.
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October 26, 2011 |
Practice News
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. We are a five attorney personal injury plaintiff firm in central Missouri. In the last few years we have gone through tort reform, increased competition from other law firms doing extensive advertising, and now trying to weather the recession. From a profitability standpoint - we are holding our own. However, we are concerned about the future. What are your thoughts for firm such as ours?
A. We are hearing this question quite often and have provided some thoughts in past blogs and articles. The majority of our PI law firm clients are advising that they are having to work much harder at getting clients and investing more heavily in marketing - both time and money. PI firms were feeling the most of these challenges before the recession. However, the recession may accelerate the pace with which law firms re-evaluate existing processes and consider new business models. PI firms may want to begin by:
1. Develop a firm strategic plan and individual attorney marketing plans which include aggressive network/contact plans for past clients, attorney referral sources (non PI attorneys), attorney referral sources (other PI attorneys), and other referral sources.
2. Evaluate the feasibility of adding an additional practice segment to reduce the level of risk in the case portfolio and reduce cash flow variability.
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October 25, 2011 |
Practice News
Illinois Supreme Court Justice Mary Jane Theis announced Tuesday that the Supreme Court Commission on Professionalism is teaming up with Winston and Strawn, the Chicago Bar Association, the Cook County Bar Association, The John Marshall Law School, the Cook County State's Attorney's Office and other legal organizations to begin a mentoring program for newly admitted lawyers in Cook County.
The announcement Tuesday continues a statewide initiative by Chief Justice Thomas L. Kilbride, the Supreme Court and the Commission on Professionalism that was launched in June 2011 to urge attorney groups, law schools and individual lawyers to take an active hand in ensuring that new attorneys get prac-tical professional guidance after law school.
The early years of legal practice are among the most challenging for most attorneys. Recent law school graduates generally receive limited practical and clinical experience while in law school, and the months leading up to their admission to the bar are spent in extensive preparation for the two-day bar exam, which consists of essay and multiple choice questions with no gauge of clinical or practical experience.
In such an environment, experienced attorney mentors can prove invaluable in helping recent bar admit-tees learn the actual practice of law, and get them a meaningful start in their legal careers as well as pro-mote principles that guide them toward professionalism.
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October 23, 2011 |
Practice News
By Hon. Barbara Crowder
Do you pro bono? If so, show you are “Pro Bono Proud” during National Pro Bono Week by attending a celebratory event. If not, why not? More opportunities abound to find a pro bono project that meets your time and abilities than ever before. And even more ways to pro bono may be coming to a circuit near you.
National Pro Bono Week is October 23 through 29, 2011. The ISBA through the Standing Committee on the Delivery of Legal Services joins with the ABA to ask all bar associations and lawyers to participate both by performing pro bono work and by joining in the celebrations. Help showcase the efforts of the great lawyers who volunteer and the range of services available for those who need them.
How? Pass a resolution in your local bar group to join those being passed throughout the nation lauding the efforts of pro bono attorneys. Then publicize it! A sample resolution is available for use as a draft. Write letters to the editors of local newspapers to discuss the programs available and to promote the good works of the volunteers. A sample letter to the editor is also available to use as a draft to put information about local pro bono efforts before the public. Finally, host a reception thanking the lawyers who do pro bono work and urging the others to sign up for some of the new programs that are being introduced.
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October 21, 2011 |
Practice News
The Illinois Supreme Court has announced that the 22nd Judicial Circuit judges voted to select Joel D. Berg and Kevin G. Costello as associate judges of the 22nd Judicial Circuit.
Mr. Berg received his undergraduate degree in 1990 from Northern Illinois University and his Juris Doctor in 1994 from IIT/Chicago-Kent Law School. Mr. Berg is currently engaged in solo practice in Harvard.
Mr. Costello received his undergraduate degree in 1984 from Loras College in Dubuque, Iowa, and his Juris Doctor in 1987 from the University of Notre Dame. Mr. Costello is currently engaged in practice with Zukowski, Rogers, Flood & McArdle, in Crystal Lake.