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Getting personal: deficiency judgments and foreclosure

Posted on July 20, 2011 by Mark S. Mathewson
It's a harsh truth, but truth nonetheless: when a foreclosure sale doesn't cover a borrower's debt, the lender can go after the borrower -- personally -- for the amount due on the property. And while courts might not like it, they can't ignore the lender's prerogative.
So writes Stephen J. Butler in the latest ISBA Commercial Banking, Collections, and Bankruptcy newsletter. Read his article, which discusses the legal standard for entering a deficiency judgment and "address[es] several of the common roadblocks thrown up by courts in denying such judgments [and]...the legal arguments that should be made to overcome these roadblocks."

Catch Cubs vs. Cards at IBF Baseball Classic

Posted on July 20, 2011 by Chris Bonjean

The Illinois Bar Foundation Baseball Classic will be held on Friday, Aug. 19 for the Cards vs. Cubs. The action starts at 12:20 p.m. at the Brixen Ivy rooftop, 1044 W. Waveland. The game starts at 1:20 p.m. This location will provide the ultimate party atmosphere with tickets including private access to the 4th floor patio deck, shared entry to the sky deck and food and drinks. Tickets start at $225 and sponsorship opportunities are available, contact Karen Kossart by July 30th at kkossart@isba.org or (312) 726-6072. Advance payment and registration are required.

ISBA’s Supreme Court Rule 213 (f) & (g) – Quick Reference Guide

Posted on July 20, 2011 by Chris Bonjean
A must-have for all civil litigators. From Dog Bite to Divorce! Illinois Supreme Court Rule 213(f) & (g) applies to all civil litigation in Illinois. It governs the procedure for identifying trial witnesses and disclosing their proposed testimony.  The ISBA is excited to offer this update of our popular Supreme Court Rule 213(f) & (g) - Quick Reference Guide, last published in 2002. The Guide is a useful tool for quickly learning the law under Rule 213(f) & (g). It reviews all of the Illinois Appellate and Supreme Court decisions to date concerning Supreme Court Rule 213(f) & (g). In addition to a summary, the Guide organizes the propositions for which the cases stand by topics that can be quickly referenced during argument on a motion in limine or motion to bar opinion witnesses. As every litigator knows, the heart and soul of every case is presented through the witnesses who testify. Accordingly, being able to raise and respond to Rule 213(f) & (g) objections is an essential trial skill. This Guide is designed to help the litigator do just that! Written by Paul O. Watkiss, the Guide is published in a uniquely useful format and makes clear the pitfalls of ignoring its nuances.

Register now for Young Lawyers Golf Classic

Posted on July 20, 2011 by Chris Bonjean
The Illinois State Bar Association Young Lawyers Division will host a golf outing on Wednesday, Aug. 3 at Cog Hill Golf and Country Club in Lemont. This event will benefit the IBF/YLD Children’s Assistance Fund. The $150 ticket includes golf, cart, concession stand ticket, cocktails, dinner and CLE program. Tickets to attend just the evening dinner are $50 each. Many sponsorship opportunities are available, contact Janet Sosin at jsosin@isba.org for more information. Golf Outing Schedule:
  • 11:00 a.m. - Noon: Ethics CLE Program presented by Mary Andreoni, ARDC. Approval pending for one hour PMCLE credit. Cost of program is included in the golfer fee.
  • 1:00 p.m.: Shotgun Start
  • 6:00 p.m.: Cocktails, Dinner
IBF/ YLD Children’s Assistance Fund is a 501(c)(3) charitable entity

Best Practice: Law firm management projects & implementation

Posted on July 20, 2011 by Chris Bonjean

Asked and Answered

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

Q. I am the managing partner of a 35 attorney firm in Washington D.C. Governance consists of the full partnership on some management matters, myself at the next level, and a firm administrator. The administrator and I meet regularly to review accomplishments - but it seems like initiatives take forever to get implemented or never get implemented at all. Some are initiatives on my plate and some are initiatives on the administrator's plate. What are your thoughts?

A. I assume that you are a part time managing partner and that you are also servicing clients full time as well. It is difficult serving two masters - the firm (non-billable time) and your clients (billable time). Firm management issues always seem to take a back seat to client priorities. To do otherwise requires that you be very focused and effective time manager. You must balance both balls at the same time. Your administrator has a similar problem. His or her priorities are often focused on day-to-day operations management and there never seems to be time - especially large chunks of time - for long-term projects. Law firms have a hard time getting long term initiatives or projects such as the following implemented:

ISBA Board elects Scott, Enright to key positions

Posted on July 19, 2011 by Chris Bonjean
Karen Enright
Russell Scott
The Illinois State Bar Association's Board of Governors met for its quarterly meeting on Friday in Chicago. The Board elected Belleville attorney Russell Scott to be secretary and Chicago attorney Karen Enright to be treasurer. Judge Leonard Murray was named to fill a Cook County vacancy in the ISBA Assembly. Scott is a Senior Litigation Officer with Greensfelder, Hemker & Gale, P.C. and is Co-Manager of the Firm's Southern Illinois Practice Group. He is a past president of the Illinois Bar Foundation and was a inducted into the Academy of Illinois Lawyers in 2009. Enright has a personal injury trial practice and is a partner with Winters Enright Salzeta & O'Brien, L.L.C. in Chicago.

Daniel Lawrence Peters appointed Circuit Judge of Cook County

Posted on July 18, 2011 by Chris Bonjean
The Illinois Supreme Court has announced the appointment of Daniel Lawrence Peters as a Circuit Judge of Cook County, Fourth Subcircuit. This fills the position opened by the retirement of the Hon. Jennifer Duncan-Brice. It is effective Aug. 1 and terminates on Dec. 3, 2012.

ISBA Statehouse Review for the week of July 14

Posted on July 14, 2011 by Chris Bonjean
ISBA’s Director of Legislative Affairs Jim Covington reports from Springfield on new legislation, including Legal Services Funding, Illinois Radon Awareness Act, Local Government Reporting Requirements, New Jurors and Fitness Hearings. View previous editions of the Statehouse Review.

An interim fix for the new statutory POA form

Posted on July 14, 2011 by Mark S. Mathewson
In the latest Trusts and Estates newsletter, Mary Cascino flags an unintended and unwelcome byproduct of the new POA Act, which took effect July 1, and proposes some language to remedy the problem. The new Act "revises the statutory form in Section 3.3(c)...to state in paragraph 1 of the form: 'I...hereby revoke all prior powers of attorney...,'" Cascino writes. The problem? That language can be read to revoke not only prior statutory POAs but also routine limited agencies, including "special or limited powers of attorney such as those on file at a bank, investment house or corporation records." Not good. She recommends that lawyers avoid trouble by adding the word "statutory" to the new statutory form so it reads thusly: "I...hereby revoke all prior statutory powers of attorney...." Cascino notes that HB 1712, passed by the General Assembly but not yet signed by the governor, is designed to cure the problem by "identifying powers of attorney that would be excluded from such revocation...." But it won't take effect until January 1, 2012, assuming Governor Quinn signs it as expected. Her proposed fix would cover the gap between 7/1/11 and 1/1/12.

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