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Quick Take on Illinois Supreme Court Opinion Issued Thursday, August 2

Posted on August 2, 2018 by Rhys Saunders

The Illinois Supreme Court handed down one opinion on Thursday, August 2. The court reversed a summary judgment in favor of the City of Danville in a case in which a plaintiff sued the municipality after tripping and falling on an uneven seam in a sidewalk.

Monson v. City of Danville

By Joanne R. Driscoll, Forde Law Offices LLP

On a subject frequently visited by the Illinois Supreme Court, tort immunity, the Court was called upon to refine the contours of sections 2-109 ad 2-201 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/2-109, 2-201 (West 2012)) and to determine whether section 3-102(a) of the Act (id. § 3-102(a)) supersedes those provisions. The majority opinion and the concurrence provide an interesting read on statutory interpretation.

Illinois Supreme Court Commission on Access to Justice Forms Committee Seeks New Members

Posted on August 2, 2018 by Rhys Saunders

The Forms Committee of the Illinois Supreme Court Commission on Access to Justice is seeking new committee members.  

The Forms Committee itself does not draft forms. It has overall responsibility for deciding what forms should be developed and creating subcommittees to develop them, reviewing forms to ensure that they comply with the mandate of the Supreme Court, and giving final approval for the forms to be published for use.

Quick Takes for Your Practice: How Immigration Status can Impact the Legal Advice You Provide

Posted on August 1, 2018 by Rhys Saunders

Marta Delgado, attorney and co-founder of the firm Delgado Rompf Bruen LLC, discusses how a client’s immigration status can impact the legal advice you provide and best practice tips for helping clients remain in the U.S. lawfully. 

Best Practice Tips: Law Firm Merger or Of Counsel Arrangement with Larger Firms

Posted on August 1, 2018 by Rhys Saunders

Asked and Answered 

By John W. Olmstead, MBA, Ph.D, CMC

Q. I am a solo practitioner in upstate New York and I hope to retire in three years and move to Florida. I have been talking with a larger firm with 20 attorneys in Albany that has an interest in me either merging my practice with their firm or joining as Of Counsel. My plan would be to work three more years, gradually phase back, and transition clients and referral sources.

I have had several meetings with the partners in the firm and they are now asking me for detailed due diligence information – tax returns, financial statements, etc. I have no problem providing these documents, but I was wondering if I should be asking them for information. What do you think?

Illinois Supreme Court Adopts Rule on Collaborative Process

Posted on July 30, 2018 by Rhys Saunders

The Illinois Supreme Court has adopted a rule that allows divorcing couples to work with lawyers on a limited-scope basis to try to reach an amicable settlement and avoid litigation.

Illinois Supreme Court Rule 294 was adopted June 8 and went into effect July 1. It was an important companion rule to ISBA-sponsored legislation establishing the practice of the collaborative process in dissolution cases. That legislation became effective on Jan. 1.

The new rule, also proposed by the ISBA, disqualifies attorneys serving in a collaborative process from representing clients if the process fails and the case goes to litigation. The rule also stipulates that when an attorney is discharged from a collaborative process, that lawyer’s entire law firm is also disqualified from representing the client. 

Land of Lincoln Legal Assistance Foundation Seeks Staff Attorney

Posted on July 30, 2018 by Rhys Saunders

The Land of Lincoln Legal Assistance Foundation, a non-profit organization that provides free legal services to low-income individuals and groups in civil cases, is seeking a staff attorney at the Central Regional Office in East St. Louis.

The position includes representing clients in the areas of foreclosure and landlord/tenant law, and giving presentations to members of client population about their rights.

To be considered for this position, you must be admitted to practice law in Illinois and demonstrate a commitment to the representation of low-income individuals. Prior legal services experience is preferred.

Land of Lincoln Legal Assistance Seeks Staff Attorney

Posted on July 30, 2018 by Rhys Saunders

Land of Lincoln Legal Assistance Foundation, Inc. (LOLLAF) seeks to hire a staff attorney at LOLLAF's Central (East St. Louis) and Western (Alton) regional offices. LOLLAF is a non-profit organization that provides free legal services to low-income individuals and groups in civil cases. 

The staff attorney positions' responsibilities include representing low income persons in senior citizens in bankruptcy and consumer cases in a multi-county region, and participating in community legal education and outreach.

U.S. Attorney's Office Seeks Assistant U.S. Attorney

Posted on July 30, 2018 by Rhys Saunders

The U.S. Attorney's Office Central District of Illinois is accepting applications for an assistant United States attorney opening in its Criminal Division.

Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least one year post-J.D. legal experience. U.S. citizenship is required.

Preferred qualifications include at least three years of legal or other relevant experience, strong advocacy skills, academic credentials, superior legal research and writing skills, quick analytical ability to accurately and precisely articulate critical case-related issues, good interpersonal skills, the ability to work in a supportive and professional team environment with client agencies, support staff, and other attorneys, and sound legal and ethical judgment.

CLE: Second Annual Abraham Lincoln's Legacy - Lessons for Today's Lawyers

Posted on July 30, 2018 by Rhys Saunders

In 1858, Lincoln defended William Duff Armstrong on murder charges for the death of James Preston Metzker. During the trial, a key prosecution eyewitness named Charles Allen testified that he witnessed the fight after sunset by the light of the moon high overhead. Lincoln undermined Allen’s testimony by using an almanac to prove that the moon was on the horizon and did not provide sufficient light to see anything clearly at the time of the fight. William Duff Armstrong was acquitted and Lincoln’s use of the almanac became legendary in the legal community. Don’t miss this full-day seminar in Beardstown on Sept. 7, 2018 that examines the Lincoln Almanac Trial in the very courthouse where Armstrong was acquitted. Topics include: an examination of the case from the trial advocacy perspective, and what modern lawyers can learn from it; a look at Lincoln’s other murder trials, and how attorneys must fulfill their duty to represent clients zealously in such cases; the problem with eyewitness identification and how to deal with it effectively at trial; the ethical issues that can arise during a trial; and a look at Lincoln’s practice before the Illinois Supreme Court.

Spotlight on Pro Bono: Pro Bono Assistance for Illinois Veterans, Active Duty Military

Posted on July 30, 2018 by Rhys Saunders

The Illinois Armed Forces Legal Aid Network (IL-AFLAN) provides civil legal services across Illinois to veterans, active duty military, spouses, and dependents. In Illinois, there are approximately 750,000 veterans, 20,000 active service members, and 13,000 members of the Illinois National Guard. There are over 20,000 dependents of service members who were deployed between Sept. 11, 2001, and May 31, 2015. The top civil legal needs of this population include housing, family, and consumer law issues, as well as assistance with VA benefits and appeals, and discharge upgrades.