The ISBA Tort Law Section Council presented a webinar, Hot Topics in Trial:Jury Selection and Jury Questions, on Wednesday, April 4. Jurors ultimately decide the fate of a case, which makes jury selection one of the most important parts of a jury trial. During the webinar, attorneys and judges discussed what is the most important issues in jury selection and jury questions.

Asked and Answered

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

Q. Our firm is a 14-attorney firm in Chicago. There are nine partners and five associates in the firm. Our practice is limited to insurance defense. I am one of the founders and senior partners in the firm and have been practicing for 35 years. We are having problems getting our associates to produce at the levels that we need for the firm to be profitable. We have an annual 1,800 billable hour requirement and several of our associates are not even close. We have a bonus system that pays associates a bonus based upon billable hours exceeding 1,800 billable hours. What are we doing wrong?

Digital technology and internet connectivity allow attorneys and staff to work from almost anywhere. Storing data in cloud-based practice management programs is becoming more common, with the vaunted security of these systems being a major selling point.

But a surprising number of attorneys use free email accounts from vendors such as AOL, Yahoo, and Google in their law practices. While these accounts are attractive because they help small and solo firms reduce overhead — it can't get cheaper than free, right? — they come with serious security risks.

Many speakers warn about run-of-the-mill ethical concerns with technology, but only a select few understand the cutting-edge concerns that are shifting the practice of law and causing ethical headaches for sophisticated lawyers. Join Stuart Teicher in Chicago or via live webcast on April 20, 2018 as he explains both the expanding ethical pitfalls and the evolving ethical duties that lawyers face when using new technology. Attendees will learn about:

• The Dangers that Don’t Get Discussed. Learn about the paradigm shift that’s being caused by Wikileaks and Snowden, as well as the pitfalls from the LinkedIn/Microsoft merger;
•  Using Artificial Intelligence Safely…in Plain English. Every tech guru tells you that you need to understand artificial intelligence, but not a single one of them knows how it fits into the attorney ethics rules. Gain a better understanding of the ethical issues you may face with data mining, machine learning, automated tasks, and more (Rules 8.4, 5.3, 1.1)
• Phish-Hooked: The Ethical Implications of Getting Scammed Online. Whether it’s ransomware, bogus escrow agent arrangements, or fake disciplinary notices, lawyers need to be aware of the hustles being used to scam lawyers. This section helps clarify an attorney’s obligation when becoming a target of online trickery. (Bar Opinions from Alaska #2016-1, Ohio #2016-8, D.C. Bar #371).
• Twitter Traps You Didn’t Consider. The pressure to tweet is immense, even if you want to resist…and the ethical concerns with using the medium are growing. Don’t miss this discussion on the ethical implications of retweeting (Rule 4.1), the pending terrorism criminal case that could have ethics implications for lawyers, the triggering concerns of Rule 3.6; and more.

Back by Popular Demand! Don’t miss ISBA’s two-day elder law bootcamp in Chicago on April 26-27, 2018 that gives you the guidance and information you need to effectively represent your aging clients.

The 2018 ISBA High School Mock Trial Invitational, which is co-administered by the ISBA and the Illinois Trial Team of the University of Illinois, took place on March 24-25 at the University of Illinois College of Law in Champaign. First place went to the St. Charles North Mock Trial Team from St. Charles North High School. They will be competing at the National High School Mock Trials in Reno, Nevada in May.

Pictured from left to right are Hon. Michael J. Chmiel, Standing Committee on Law Related Education for the Public Chair Kateah McMasters, and President Hon. Russell W. Hartigan (ret.).

Not all heroes wear capes. You can make a difference in your community by volunteering for Ask A Lawyer Day, our annual event that recognizes and celebrates Law Day, on April 28 from 9 a.m. to noon. As a volunteer, you will answer calls and field general legal questions from Illinois residents. This is a state-wide public relations effort that helps enhance the image of the profession and receives considerable attention from the public and the media.

Volunteers are needed to answer calls at the Illinois Bar Center offices in Springfield*. There are also opportunities to volunteer remotely by answering questions by email. Breakfast and training will be provided for volunteers.

To sign up, complete the Ask A Lawyer Day Sign Up form online. Questions may be sent directly to Sara Anderson. 

Asked and Answered

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

Q. I am a partner in a six-lawyer insurance defense litigation firm in Jackson, Mississippi. There are three partners and three associates in the firm. Our firm has been at its present size for many years, revenues have been flat, and profits have been shrinking. The partners have been discussing the pros and cons of growth and we would like to significantly grow the practice. A couple of our insurance company clients have asked us to open offices in other states and we are giving this consideration. Initially, we would open two other offices and we anticipate that this would require us to hire six additional attorneys. We appreciate any thoughts that you have.

The Illinois ARDC has implemented a new, first-in-the-nation self-assessment program for practicing attorneys that do not carry malpractice insurance.

Historically, Illinois has not required lawyers to carry malpractice insurance. While that's still the case, effective January 1, 2018, lawyers that do not carry malpractice insurance are required to take a free, four-hour online self-assessment course about law firm operations before they register for 2019.