Practice News

While reading the local newspaper this morning, I read this sentence in a piece about the new Mercedes hybrid car. “Mercedes, [which has focused on strong, fuel-efficient diesel engines to maximize mileage but doesn’t offer a diesel-powered S-Class model in the United States,] is late coming into the hybrid car segment.” The text inside the brackets is a perfect example of what is called an embedded clause. It’s a chunk of text that separates the working parts of the sentence—the noun and verb. You're separating the actor from the action. Readers get lost hacking their way through the embedded clause to understand that Mercedes got in the hybrid market late. Solution? Richard C. Wydick’s recommendation is to take the embedded clause and make it a separate sentence. Is this easier to understand? “Mercedes is late coming into the hybrid car segment. In the past it has focused on strong, fuel-efficient diesel engines to maximize mileage but doesn’t offer a diesel-powered S-Class model in the United States.”

The Illinois Supreme Court has announced the filing of disciplinary orders involving a number of licensed lawyers. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law. More information on each case is available at the ARDC website.

DISBARRED

• William Charles Chesbrough, Elgin

Mr. Chesbrough, who was licensed in 1980, was disbarred. He misappropriated more than $113,000 that he was holding for a client in connection with the client’s deceased mother’s estate. In addition, in two separate real estate matters, he converted more than $28,000 that he was holding either as earnest money or to pay real estate taxes.

• Alan Samuel Cohen, St. Louis

Mr. Cohen was licensed in Missouri in 1992 and in Illinois in 1993. He was disbarred in Missouri for failing to maintain a client trust account and for using client and third party funds to pay office and personal expenses. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.

• Joseph Patrick Collins, Chicago

Mr. Collins, who was licensed in 1975, was disbarred on consent. He was convicted in federal court of conspiracy, securities fraud and wire fraud. The conviction was based on his conduct while serving as outside counsel for Refco Inc., a commodities brokerage firm. Mr. Collins participated with others in an eight-year scheme to hide the company’s financial situation by making false and fraudulent statements to various parties, including banks, auditors, investors and the Securities Exchange Commission.

• C. Wayne K. Davis, St. Louis

Mr. Davis was licensed in Missouri in 1996 and in Illinois in 1999. He was disbarred in Missouri after a felony conviction. He misappropriated at least $25,000.00 from his employer, the Edward Jones Company. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.

• Kelly Christine Garland, Chicago

Ms. Garland, who was licensed in 2002, was disbarred on consent. She falsified court orders and an affidavit in five different domestic relations matters in order to conceal from her clients the true status of their cases.

• Thaddeus James Hunt, Chicago

Mr. Hunt, who was licensed in 2002, was disbarred. He misappropriated $10,274.67 in client funds, neglected seven client matters, failed to communicate with clients and abandoned his law practice.

• Brainerd William LaTourette III, St. Louis

Mr. LaTourette was licensed in Missouri in 1982 and in Illinois in 1983. He was disbarred in Missouri for failing to perform his duties as trustee for a family trust, disobeying a court order, engaging in the unauthorized practice of law, and failing to participate in disciplinary proceedings against him. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.

• James A. Reskin, Louisville, Ky.

Mr. Reskin, who was licensed in Illinois in 1982, was disbarred on consent. He was convicted in the United States District Court for the Northern District of Oklahoma on charges of obstructing a criminal investigation by making false and misleading statements to the Internal Revenue Service and the United States Department of Justice.

• Kenneth Alan Runes, Mount Prospect

Mr. Runes, who was licensed in 1991, was disbarred. He misappropriated over $13,000 in client funds, neglected numerous client matters, failed to communicate with clients, failed to refund unearned fees, and did not cooperate with the ARDC investigation. Mr. Runes did not participate in his disciplinary hearing. He failed to participate in his disciplinary proceeding.

• Lawrence Scott Wick, Ft. Walton Beach, Fla.

Mr. Wick, who was licensed in Illinois in 1971, was disbarred. He billed more than $1 million to two corporate clients for work that he had never performed.

• Bradford Thomas Yaker, Bingham Farms, Mich.

Mr. Yaker was licensed in Illinois in 1988 and in Michigan in 1995. He was disbarred in Michigan for repeatedly representing to a client that he had filed a securities claim for the client when he had not done so. In addition, he falsely informed the client that he had reached a settlement in the matter and provided the client with a fictitious settlement agreement providing for a $30,000 payment. The Illinois Supreme Court imposed reciprocal discipline and disbarred him.

By Ramona Sullivan

The first annual National Pro Bono Celebration took place in the fall of 2009. The ABA Standing Committee on Pro Bono and Public Service has scheduled the second annual Pro Bono Week for October 24 through October 30, 2010. The ISBA Standing Committee on Delivery of Legal Services is asking individual lawyers, law schools, and bar associations throughout Illinois to participate in this coordinated, national effort.

Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC For the past four weeks I have been discussing the characteristics of successful law firms and introduced the following basic building blocks that successful firms typically have in place:

• Partner Relations
• Leadership
• Firm Management
• Partner Compensation
• Planning
• Client Service
• Marketing

Partner relations, leadership, management, and partner compensation blocks have been discussed. The fifth basic building block is planning. Successful firms have a long range business or strategic plan in place. Based upon our experience from client engagements, we have concluded that lack of focus and accountability is one of the major problems facing law firms. Often the problem is too many ideas, alternatives, and options. The result often is no action at all or actions that fail to distinguish firms from their competitors and provide them with a sustained competitive advantage. Ideas, recommendations, suggestions, etc. are of no value unless implemented. Well designed business plans are essential for focusing your firm. However, don’t hide behind strategy and planning.