The Attorney Registration & Disciplinary Commission (ARDC) of the Supreme Court of Illinois, the entity that investigates and prosecutes attorney misconduct, recognizes its responsibility to work towards making sure that the legal system functions fairly for all citizens. To that end, the ARDC has formed the Equal Justice Rules Committee (EJRC) to examine the ethical rules that govern Illinois attorneys’ conduct with the goal of determining whether amendment of those rules is necessary to enhance attorneys’ rights and refocus attorneys’ duties to act in a manner that supports the equal and fair application of justice. 

It is no secret that some defendants will go to great lengths to avoid being served. Some defendants are even willing to lie about having been served. As a result, the law on this issue has developed firmly in favor of plaintiffs. In the context of personal service, return of service is prima facie proof of proper service and courts are required to indulge in every reasonable presumption in favor of the return. But what happens when an officer has actually, and unrepentantly, served the wrong person? In his August Illinois Bar Journal article, “You Got the Wrong Guy,” Jake Crabbs prepares attorneys for the uphill battle ahead when they set out to prove a case of mistaken identity when the courts are disinclined to believe your client is telling the truth.

Join us online from noon until 1 p.m. on Wednesday, September 23 for this in-depth look at the rules guiding the ethics of attorney marketing in Illinois, as well as how those rules are implemented. Topics include: Rule 1.6 (Confidentiality of Information); Rule 7.1 (Communications Concerning a Lawyer’s Services); Rule 7.2 (Advertising); Rule 7.3 (Solicitation of Clients); Rule 7.4 (Communication of Field of Practice and Specialization); Rule 7.5 (Firm Names and Letterheads); and Rule 8.5 (Disciplinary Authority). Examples will be provided throughout the seminar.

The Illinois State Bar Association would like to congratulate the award recipients and others honored for their work during the 2019-2020 bar year. For more information about each award, many of the which are presented by ISBA section councils, visit our Awards page.

In its August 2020 cover article, “Remote Reality,” the Illinois Bar Journal speaks with attorneys, judges, and court administrators throughout Illinois to report their experiences with holding court hearings and business remotely. According to several legal professionals interviewed, some form of remote court access is likely to stay in place or expand even after the COVID-19 pandemic has run its course. Meanwhile, courts in Illinois continue to experiment with and learn from their efforts as they figure out what has been working well and what hasn’t.

Don’t miss this half-day seminar from 8:35 a.m. until 12:30 p.m. on Thursday, Sept. 10 that offers you a comprehensive roadmap for representing business buyers. The program opens with an in-depth look at the early stages of acquisition and putting the deal together—including whether to structure the deal as an asset purchase or a share purchase. Business attorneys with intermediate practice experience who attend this program will better understand: the different ways an acquisition can be structured; the required approvals to effectuate a deal; the financial and tax issues that can effect an acquisition; the specific documents that are needed throughout the process; and how to protect your client and close the deal through due diligence. The program closes with a discussion on post-closing considerations to be aware of, including earn-outs, ownership transition, and post-closing issues that may arise between the buyer and seller.

The term “independent contractor” has historically been defined as “one who renders service in the course of an occupation representing the will of the person for whom the work is done only as to the result of the work and not as to the means by which it is accomplished, and is one who undertakes to produce a given result without being in any way controlled as to the method by which he attains that result.” But the label “independent contractor” does not absolve a hiring entity from tort liability for the latter’s own negligence when retaining some requisite degree of control over an independent contractor; nor is the label dispositive for determining whether an agency relationship existed between the two parties. As Gregory Jones shows in his July Illinois Bar Journal article, “Will the Real Independent Contractor Please Stand Up?”, causes of action against employers of independent contractors remain viable in certain instances. Jones also examines claims against independent contractors and various tests for vicarious liability.

The Illinois Supreme Court announced today that due to continuing public health concerns raised by the COVID-19 pandemic, the Illinois in-person bar examination scheduled for September 9-10, 2020, has been canceled. In its place, the Illinois Board of Admissions to the Bar will offer a remote version of the exam on October 5-6, 2020, using questions prepared by the National Conference of Bar Examiners. This exam will satisfy the requirements of Illinois Supreme Court Rules 701 and 704.

Join us from 1 until 2 p.m. on Wednesday, September 9 for part ten of the Environmental Law for the General Practitioner Series, which is geared toward those practitioners who do not ordinarily advise clients on issues involving environmental issues. Lawyers representing developers, bankers, and owners of commercial real estate who attend this online seminar will better understand the different issues arising out of Superfund, which may affect your clients when operating their businesses or acquiring/renting property.

When a lawyer relocates to a new firm, timing and content are important when determining ethical responsibilities and what information may be shared with clients, colleagues, and the new and old firm. In their July 2020 Illinois Bar Journal article, “When Lawyers Relocate,” attorneys Michael Shakman and Diane Klotnia examine various opinions written by the Illinois State Bar Association and the American Bar Association as well as rules of professional conduct that provide guidance on avoiding conflicts of interest for the relocating lawyer and his or her old and new firms. Illinois lawyers especially face subtle differences in professional conduct rules regarding relocating, Shakman and Klotnia note. And, in certain relocation-based matters, state caselaw is not settled.