The Illinois Supreme Court on Tuesday appointed Associate Judge Richard A. Brown to fill the Circuit Court vacancy created by the retirement of Judge William A. Schuwerk Jr. The appointment is effective Wednesday, July 14.
Judge Brown is a lifelong resident of Randolph County, served as the county’s public defender for 18 years, maintained a private law practice in the county for more than 25 years and has served as an associate judge since 2004. He has received excellent judicial advisory poll results conducted by the Illinois State Bar Association.
Judge Brown is the only candidate seeking to succeed Judge Schuwerk, and will be unopposed on the November ballot. Supreme Court Justice Lloyd A. Karmeier made the recommendation to the full Court after Chief Judge C. John Baricevic of the 20th Circuit requested that the vacancy be filled before
the election.
Practice News
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July 14, 2010 |
Practice News
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July 13, 2010 |
Practice News
An ISBA-inspired change to the Home Repair and Remodeling Act, signed into law July 12, codifies a line of cases holding that a contractor's failure to give a homeowner a consumer rights brochure or to use a written contract does not bar the contractor from suing the homeowner for money owed. Instead, the new law gives homeowners a less severe but more appropriate remedy -- the right to sue under the consumer fraud act. As Adam Whiteman wrote last February in the ISBA Real Estate Law newsletter, the original act had "the laudable goal of making sure that a contractor utilizes a written contract and provides a Consumer Rights Brochure to homeowners who engage them to undertake home remodeling work valued in excess of $1,000." But the act did not make clear that "the intended remedy for a violation of the Act was to be found under the Consumer Fraud and Deceptive Business Practices Act, " which led some courts "to impose wholly unintended penalties [against contractors] for even the most benign violations." The new law clears up the confusion.
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July 13, 2010 |
People | Practice News
Illinois Supreme Court Justice Rita Garman administered the oath of office to Matt Sullivan on July 9 at the Edgar County Courthouse in Paris. Pictured at the ceremony are: (seated) Circuit Judge Matt Sullivan; (standing, right to left) Judge James Glenn, Judge Teresa Righter, Justice Steven Garst, Justice Garman, Judge David Lewis, Chief Judge Tracy Resch, Judge Gary Jacobs, Judge Brien O'Brien, and Judge Mitch Shick.
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July 8, 2010 |
Practice News
By Shamla Naidoo The evolution of communications technology is blurring the line between work and personal lives. The recent Supreme Court decision in City of Ontario v. Quon, No. 08-1332 (U.S. Jun. 17, 2010) is more relevant than ever, especially for employers. In Quon, the employee contends that his 4th amendment protections were violated when his employer, the Ontario Police Department, reviewed his text messages in an unreasonable search and seizure. In fact the employer reviewed his text messages as part of an audit of usage to determine whether or not the company’s wireless plan was adequate. The court accepted the premise that Quon had a reasonable expectation of privacy; even so, they found that the search was reasonable because:
- It was motivated by a legitimate work-related purpose; and
- It was not excessive in scope.
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July 7, 2010 |
Practice News
By John W. Olmstead, MBA, Ph.D, CMC Q. I am a solo attorney and have had my practice for 15 years. I have one secretary that has been with me 14 years. I have heard you and others state that solo and small firm practitioners need to work on getting to the next level. What is the next level? A. The next level is when your practice begins to build synergy – when one plus one equals three or four rather than two. It is when you have a sufficient consistent volume of work that you are able to add additional layers of attorneys and staff. When lawyers start out their practices, most support themselves on their own work or time production. However, eventually there must be others in the firm who generate more profits than they consume and thus provide additional income to the owners. This is leverage. Leverage can come from junior level owners, associates, paralegals, and legal assistants. The important takeaway here is eventually a structure must exist within the firm whereby each owner can make a reasonable income but not have to provide all of it himself or herself. This must come to pass if the senior lawyers are to spend more time on firm investment activities (non-billable matters) such as generating new business, training and mentoring new associates, or managing the firm. While the getting to the next level can improve profitability if done right – new challenges and frustrations come into play as well. You must now manage others – motivate them, hire and fire, and retain quality lawyers and staff. You are now a manager as well as a lawyer – like it or not! John W.
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July 6, 2010 |
Practice News
In the July Illinois Bar Journal, veteran employment lawyer Mike Lied of Peoria takes a look at some of the new (2010) Rules of Professional Conduct that affect his practice area. Especially noteworthy, he says, are rules governing lawyers who represent i) organizations and ii) clients who appear before agencies and boards, along with rules aimed at prospective clients, misdirected documents, and lawyer-arbitrators.
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July 6, 2010 |
Practice News
In an opinion written by the U.S. Supreme Court's newest justice, Sonia Sotomayor, the Court held last term that attorneys who provide bankruptcy advice to assisted persons are debt relief agencies under the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA), the Illinois Bar Journal reports. As the National Law Journal notes, this was one of "an unusually large number of cases last term involving how lawyers do their jobs."
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July 1, 2010 |
Practice News
It can help you save time, make money, and even avoid malpractice claims, according to legal technologists. Read all about it in the article Does your practice need practice management software? in the July Illinois Bar Journal.
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July 1, 2010 |
Practice News
The Illinois Supreme Court has appointed Robert G. Gibson as Circuit Judge in DuPage County. Gibson replaces the Hon. Perry R. Thompson, who is retiring. The appointment is effective Aug. 2 and terminates on Dec. 3, 2012.
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July 1, 2010 |
Practice News
By Peter LaSorsa It is probably easier to find an attorney who still uses a typewriter than one who doesn’t own a Smartphone — although they are probably one in the same. Here are a few tips that may help you become more productive or just get more out of your current phone. For Blackberry owners, make sure you are always updating the device software. Desktop Software 5.0.01 is the latest and greatest. There will be an application on your phone that says Wireless updates — click to update the latest software. You can also go to the Research in Motion website to download the latest version. When you finish downloading, launch the Blackberry Desktop Manager and click Backup And Restore from the Main Menu. Click on the Options button under Backup and you can enable or disable the device memory backup and file encryption. You can also automatically backup the device with these settings. For iPhone users, one tip when viewing long documents or web pages, instead of scrolling back and forth, tap the top edge of the visible screen (where you see the time, battery meter and network provider). The page will rapidly scroll to the top of the document or page. Another tip for iPhone users is to not spend time typing .com or www. Simply highlight the URL field in Safari, tap the X to clear it and type the name of the domain you wish to go to — for example ISBA and you will automatically be taken to ISBA.org. The browser will not only take you to the website adding the .org prefix but also will check to see is there is a mobile version of the website.