Congratulations to the Winner of the ISBA's 2018 Social Media Contest

Posted on May 30, 2018 by Rhys Saunders

Congratulations to Fiona McEntee for winning an Amazon gift card in the ISBA's 2018 Member Appreciation Month Social Media Contest! 

As part of Member Appreciation Month, we asked members to post photographs of something that inspired them to become attorneys or something that inspired them to practice law each day on their Instagram accounts. 

Depositions Under Illinois Law: The Federal Example

Posted on May 30, 2018 by Rhys Saunders

Yes, you can depose a corporation. While Illinois courts have said little about obtaining deposition testimony from representatives of a corporation, several federal decisions are instructive. Corporations can designate a person to speak as the corporation — and not only regarding facts. Federal Rule of Civil Procedure 30(b) also extends testifying to subjective beliefs and opinions. 

Corporate designees may be held to a high standard when speaking on behalf of a corporation. Answers such as “I don’t know” may not only bind the corporation to the deponent’s ignorance but may also result in sanctions for failing to produce a witness with responsive knowledge. This places a burden on corporations to ensure individuals speaking on their behalf are adequately prepared. 

CLE: Post-Conviction Remedies, Part 2 (Live Webcast)

Posted on May 30, 2018 by Rhys Saunders

Do you represent clients seeking post-appellate relief? Do your clients complain about a lack of relief after conviction? Are you looking for alternative outcomes in correctional relief of sentences? Then don’t miss this continued intermediate online discussion on June 22, 2018, regarding post-conviction remedies for Illinois prisoners that covers direct appeals, motions for reduction of sentences, sentencing credits, parole (mandatory supervised release), and detainers, as well as federal action.

Best Practice Tips: Outsourcing Appellate Work

Posted on May 30, 2018 by Rhys Saunders

Asked and Answered 

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

Q. We have a six-attorney insurance defense firm in Kansas City. For the last few years, our associate attorney costs have gotten out of control and in some cases, revenues generated by particular attorneys are not even close to where they should be considering their costs. We have one associate attorney who we pay a base salary who only does appellate brief work. He does not like litigation and does a poor job doing our “bread-and-butter” litigation work. We simply don’t have enough appeals to keep him busy. We are paying him a base salary of $100,000 a year. Last year his working attorney fees collected were $110,000. I welcome your thoughts.

Sleuthing the ‘Net

Posted on May 25, 2018 by Rhys Saunders

Investigative avenues have opened up considerably in the past quarter-century thanks to the internet and, more recently, social media. 

Half of all divorce cases use evidence obtained from social media, according to a study conducted three years ago by the American Association of Matrimonial Lawyers. The internet and social media platforms contain a treasure trove of invaluable personal information that investigators and attorneys can use to disqualify jurors, confirm or question alibis, validate or disprove workers’ compensation claims, and generally smoke out the truth.

But getting a hold of this information depends not only on your knowledge of free and paid online resources, but also the creativity and thoroughness of your search strategies.  

Quick Takes on Illinois Supreme Court Opinions Issued Thursday, May 24

Posted on May 24, 2018 by Rhys Saunders

The Illinois Supreme Court handed down three opinions on Thursday, May 24. The court upheld the constitutionality of the Vehicle Code’s definition of "low-speed gas bicycle" in People v. Plank, considered the application of the officer suit exception to sovereign immunity in Parmar v. Madigan, and determined whether statutory changes apply retroactively to two Freedom of Information Act requests in Perry v. Department of Financial and Professional Regulation.

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

Posted on May 24, 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 three years post-J.D. legal experience. U.S. citizenship is required.

Preferred qualifications: At least five years post-J.D. 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, criminal prosecutorial courtroom experience, good interpersonal skills, the ability to work in a supportive and professional team environment with client agencies, support staff, and other attorneys, and a demonstrated instances of sound legal and ethical judgment.