On September 9, 2019, Illinois lawyer Charlene Marsh was found guilty of indirect criminal contempt for engaging in the unauthorized practice of law by holding herself out as a lawyer and preparing pleadings in federal court on behalf of a pro se litigant. Ms. Marsh charged the client approximately $23,000 for 68 hours of legal research and document preparation. Ms. Marsh was ordered to pay $23,000 in restitution, $500 in court costs, sentenced to two years’ probation, and permanently enjoined from engaging in any further acts of the unauthorized practice of law. The case is ARDC v. Charlene Marsh, No. 17 MC1-600052 (September 9, 2019) 

The Illinois Supreme Court has amended Rule 767, which pertains to reinstatement petitions for lawyers who have been disbarred or suspended.

The changes go into effect Jan. 1, 2020.

The amended Rule clarifies what attorneys must include in a petition for reinstatement.

Two articles in September’s Illinois Bar Journal explore the pros and cons of communicating with clients via texting, Facebook, and other digital and online tools. In the first article, ISBA members from a recent ISBA Central discussion thread debate best communication practices. In the second, Affinity Consulting’s Cyara Hotopp lists the do’s and don’ts of texting clients. The respective articles are available online:

• Communicating With Clients
• SMS SOS

The ISBA is now accepting applications and nominations for the 2020 Leadership Academy.

This landmark program is designed to train the next generation of professionals to become effective leaders in the Illinois legal community.

The ISBA will accept as many as 20 candidates this year. ISBA members with three to 10 years of legal practice experience are eligible to participate.

Succession planning is a necessary consideration for attorneys, regardless of whether they’re actively planning to close or merge a firm.

It’s important for lawyers to designate a representative who can take limited fiduciary action if the designating attorney loses the capacity to run his or her firm, abandons the practice, or dies.

The ISBA’s “Succession Planning Checklist” provides guidance when considering the various scenarios that may necessitate an attorney handing over the reins.

Attorneys Barry Hines and Andrew White discuss the two major types of Illinois farm leases.

The Illinois Supreme Court handed down four opinions on Thursday, September 19. In Accettura v. Vacationland, Inc., the court clarified the distinction between rejection and revocation of acceptance for purposes of the Illinois version of the Uniform Commercial Code. In Carmichael v. Union Pacific Railroad Co., the court provided instruction on what is a proper counterclaim under section 2-608 of the Code of Civil Procedure and explained that a counterclaim is an independent, substantive cause of action that seeks affirmative relief and must stand or fall on its own merits. In People v. Custer, the court considered whether to extend the procedures established in Krankel and its progeny to proceedings commenced under the Post-Conviction Hearing Act and declined to do so. In People v. Smith, the court upheld the convictions of two defendants for aggravated battery of a senior citizen.

Don’t miss this online seminar from 1 until 2 p.m. Tuesday, Oct. 15, that explains why health plan fiduciaries need to be aware of the Employee Benefits Security Administration’s (EBSA) health plan investigation process, as well as what to expect during an investigation. Health care attorneys and employment law practitioners with intermediate practice experience who attend this live webcast will better understand: which enforcement initiatives the EBSA is currently focused on; the primary responsibilities of the health plan fiduciary, EBSA, and ERISA during a health plan investigation; what to expect during the investigation process; and how to use EBSA’s Voluntary Fiduciary Correction Program to address breaches of responsibility prior to an investigation.

ISBA President David Sosin has established a Special Committee on Assembly Governance to comprehensively review and make recommendations about the structure and operation of the ISBA Assembly.

The Special Committee is comprised of past and current members of the Assembly. The Special Committee has expressed a desire to have your thoughts and comments regarding participation in the Assembly and its role.

Take the survey.

The Illinois Supreme Court on September 17 amended Rules 610, 613, 901, and 1101. All changes are effective immediately. 

Amended Rule 610 alters the requirements for information to be included in motions for extension of time in criminal cases.