Q. What ethical obligations should I be aware of if I wish to employ a nonlawyer assistant?A. IRPC 5.3 requires that nonlawyer assistants be adequately supervised. It states: “With respect to a nonlawyer employed or retained by or associated with a lawyer:…a lawyer having direct supervisory authority over the nonlawyer shall make reasonable efforts to ensure that the person’s conduct is compatible with the professional obligations of the lawyer.” For more information, consult ISBA Advisory Opinion 13-08.
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October 2, 2014 |
Practice News
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October 2, 2014 |
Practice News
Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that the Fourteenth Judicial Circuit judges voted to select Norma Kauzlarich as an associate judge of the Fourteenth Judicial Circuit.Ms. Kauzlarich received her undergraduate degree in 1986 from Northern Illinois University in DeKalb, and her Juris Doctor in 1994 from the University of Iowa. Ms. Kauzlarich is currently affiliated with the Rock Island County State's Attorney's Office in Rock Island.
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October 1, 2014 |
Events
President Felice to speak at historic eventIn 1938, Walter T. Gunn was sworn in as the 70th Justice of the Illinois Supreme Court. A self-described "ordinary country lawyer by profession", the Danville attorney continued to serve on the Court until his retirement in 1951. Justice Gunn also served as Chief Justice from 1940-1941, the second from Vermilion County to do so.Nearly 76 years later, Champaign resident and internationally renowned vocalist Nathan Gunn will perform in the same building that his great-grandfather once heard oral arguments. He and his wife Julie Jordan Gunn are special guest performers at the Court's rededication ceremony of the restored Supreme Court Building on Tuesday, October 7 at 6 p.m.
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October 1, 2014
"Older lawyers (like me) may muse wistfully about a time when you could believe what you read in the newspaper," Karen Erger writes in the October Illinois Bar Journal. "But younger lawyers -- including those who will soon be raising their right hands and solemnly swearing (or affirming) to uphold the State and Federal Constitution, and faithfully discharge their duties as attorneys and counselors of law -- have grown up with the Internet, and are well aware of the need to make their own determinations of the value and veracity of every bit of information found there."A tendency to question authority will help new lawyers live up to their ethical obligation," Erger writes. "Most of them will begin their careers as 'subordinate lawyers' who work at the direction of 'supervising lawyers.' And the Rules of Professional Conduct require subordinate lawyers to exercise independent judgment about their professional obligations, even when a supervising lawyer is calling the shots." Read on and find out more.1 comment (Most recent October 1, 2014)
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September 30, 2014 |
Practice News
Asked and AnsweredBy John W. Olmstead, MBA, Ph.D, CMCQ. I am the chair of the finance committee for our firm - a 17 attorney firm in Chicago. We have 6 equity partners in the firm. We are in the process of admitting a new equity partner and are reviewing our capital accounts and trying to determine our capital needs. I would appreciate your ideas and thoughts.A. There are two categories of capital - short-term or working capital which is used to fund daily operations and long term capital which is used to pay for capital assets such as furniture and fixtures, computers and other office equipment. I guess I am old school but I believe that short term working capital should be funded as much as possible with partner capital and long term capital funded with bank borrowing or leases. I have more and more clients that are funding working capital with partner capital and have no bank debt at all. I have other clients that finance all working capital with their bank line of credit - these firms could find themselves in dire straits if bank credit should tighten in the future.The amount of working capital needed by a firm depends upon your practice, billing and collection cycles, whether you do contingency fee work, and whether the firm is growing and adding attorneys and staff. As a rule of thumb I suggest that a firm have three times one month's expenses excluding draws in working capital. This would need to be increased if the firm has lengthy billing and collection cycles, does contingency fee work, and is in a growth mode.Partner capital contributions are usually made proportionately based on partner earnings or ownership percentages.
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September 30, 2014 |
ISBA News
The Illinois State Bar Association will hold its annual election in March 2015. Campaign season began Oct. 1 for open ISBA seats including the office of 3rd Vice President, 6 seats on the Board of Governors and 23 Cook County seats on the Assembly.The notice of election is now available.Find out more at http://www.isba.org/elections
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September 30, 2014 |
Practice News
Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced Monday that the Third Judicial Circuit judges voted to select Martin J. Mengarelli as an associate judge of the Third Judicial Circuit.Mr. Mengarelli received his undergraduate degree in 1989 from Loyola University in Chicago, and his Juris Doctor in 1993 from Northern Illinois University in DeKalb. Mr. Mengarelli is currently affiliated with The Simmons Firm in Alton.
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September 30, 2014 |
CLE
Join us in Chicago OR Fairview Heights on October 13th for an update on recent Appellate Court decisions, AMA Guidelines, and entering evidence to support your client’s case with this advanced-level workers’ compensation seminar! Labor and employment attorneys and workers’ compensation practitioners attending this seminar will better understand: what the Illinois Appellate Court Justices and arbitrators expect from practitioners appearing in court; recent Appellate Court decisions that have affected the workers’ compensation practice; how to get evidentiary materials into the record; whether or not an impairment rating is necessary for a party to prove their case; what to focus on when deposing the physician who provided the impairment rating; and much more!The seminar is presented by the ISBA Workers’ Compensation Law Section and qualifies for 5.50 hours MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval).Click here for more information and to register for the CHICAGO seminar.
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September 26, 2014 |
Practice News
Chief Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for an at-large Circuit Court vacancy in the Eleventh Judicial Circuit.The vacancy is created by the announced retirement of Judge Elizabeth A. Robb on December 31, 2014. Judge Robb has been a Circuit Judge since 2000.
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September 26, 2014 |
Practice News
DuPage County Chief Circuit Judge John T. Elsner is pleased to announce that following a Sept. 25, 2014 meeting of the Circuit Judges of the 18th Circuit, two finalists for the Office of Associate Judge have been selected and certified to the Illinois Supreme Court. The finalists are seeking to fill the vacancy created by the retirement of Associate Judge Patrick J. Leston.From these names, the Circuit Judges will select one appointee by secret ballot:Brian W. Jacobs, J.D.-Boston College of Law, Newton, Mass., 1996; admitted to the practice of law in Illinois, 1996. Mr. Jacobs currently is a Deputy Chief for the DuPage County Public Defender's Office (2001-present). Previously, he was an associate with O'Hagan, Smith and Amundsen (2000-2001) and an Assistant Public Defender for the Kane County Public Defender's Office (1996-2000). Mr. Jacobs is an active member with the DuPage County Bar Association, Illinois State Bar Association, DuPage Association of Women Lawyers and the DuPage County Criminal Defense Lawyers.Ann Celine O'Hallaren Walsh, J.D.-Chicago Kent College of Law, 1998; admitted to the practice of law in Illinois, 1999. Ms. O'Hallaren Walsh is currently the Supervisor of the Sex Crimes/Domestic Violence and Child Abuse Unit for the DuPage County State's Attorney's Office (1999-present). Ms. O'Hallaren Walsh is an active member of the DuPage County Bar Association, Illinois State Bar Association, DuPage Association of Women Lawyers and Illinois Prosecutors Bar Association.