Asked and Answered 

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

Q. Our firm is a 17-attorney commercial litigation firm in Atlanta, Georgia. I am a member of our firm’s management committee that decides raises and bonuses for non-equity partners and associates. Currently our non-equity partners are paid a salary and a discretionary bonus. We would like to stay with this approach; however, we have had complaints that our system is totally arbitrary. We would like to be able to provide more transparency— a general list of the items that we consider when making our decisions on salary and bonuses. Your thoughts would be appreciated.

Whether it’s a copyright, patent, or trademark, intellectual property is an important component to a business’s overall value. Learn how to define and understand these types of assets, as well as how to compute a valuation for them, with this intermediate-level online seminar on Feb. 7. A discussion on how to set up the transfer of these assets during a succession plan is also included.

The Property Tax Appeal Board has withdrawn a proposed rule that would have prohibited lawyer-legislators from practicing before the board.

At its Nov. 13, 2018 meeting, the Joint Committee on Administrative Rules voted to object to the rulemaking and prohibit its filing with the Secretary of State. The committee's reasoning is that since the Property Tax Appeal Board has no statutory authority to take the action embodied in this rulemaking, such rulemaking represents a threat to the public interest.

Ruth Schneider, an attorney with RCJ Law, LLC, discusses three low-cost steps attorneys should take to protect client data. Tips include using long, unique passwords for accounts, utilizing two-factor authentication, and sending important documents securely.

The Illinois Supreme Court handed down four opinions on Friday, Dec. 28. In Sienna Court Condominium Ass'n v. Champion Aluminum Corp., the court addressed the question of whether a purchaser of a newly constructed home could assert a claim for breach of an implied warranty of habitability against a subcontractor that had no contractual relationship with the purchaser. In Stanphill v. Ortberg, the court reviewed a jury verdict hinging on the foreseeability of a depressed person’s suicide. The court considered whether five monetary charges were fines or fees in People v. Clark and determined there was no probable cause to execute a search warrant in People v. Manzo.

What better way to start the New Year than by evaluating the way you communicate with clients?

A recent American Bar Association study reported that 17 percent of all malpractice claims are the result of a poor attorney-client relationship, and nearly 75 percent of all grievances filed against lawyers are the result of poor communication.

In the spring, members of the ISBA will elect a third vice president, 11 seats on the Board of Governors, 45 seats on the Assembly in Cook County, and 88 seats on the Assembly outside Cook County.

One board seat is open in each of the following Areas: Area 2 (Circuits 17, 19 and 22), Area 4 (circuits 10, 14, and 15), Area 5 (Circuits 5, 6 and 11), Area 7 (Circuits 1, 2 and 4), Under Age 37 in Cook County, and Under Age 37 outside Cook County. Additionally, five seats are open in Cook County.

The Fellows of the Illinois Bar Foundation (IBF) will honor state Rep. Steven Andersson, a partner at Mickey, Wilson, Weiler, Renzi and Andersson, P.C., during a Kane County Fellows reception Jan. 22 at Riverside Receptions, 35 N. River Lane, Geneva, Illinois.

Tickets are $40 per person and can be purchased online.  

For 25 years, the ISBA Agricultural Law Section has been providing top-notch and timely continuing legal education seminars for Illinois attorneys – and it’s that time again. Join us Feb. 1, 2019 in Bloomington for this full-day seminar that updates you on a number of important agricultural law issues. Learn how agriculture law affects other practice areas, including: real estate, trusts and estates, business advice, general practice, and state/federal tax. Attorneys with intermediate practice experience who attend this seminar will better understand: how the past year’s federal estate tax cases have impacted the agricultural community; how the 2018 federal and state income tax changes are affecting agricultural producers; which federal and state income tax changes to be concerned about in 2019; how your clients might be affected by the Clean Water Act and Endangered Species Act; the record-keeping requirements for agents, trustees, executors, and other fiduciary agents; how to negotiate and draft solar array options and easement agreements; and how to appeal an adverse wetlands determination.