Asked and Answered 

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

Q. Our firm is a 16-attorney personal injury insurance defense firm located in Dallas, Texas. I am a member of our three-person management committee. We have been experiencing associate attorney and staff turnover. Recently, we had all employees complete confidential surveys concerning their thoughts and feedback concerning the firm. One theme that was central to all was that the firm has poor communications with employees. I would like to hear your thoughts on what we need to do to improve.

Don’t miss ISBA’s 10th Annual Animal Law Conference, which highlights important animal law updates and examines the advances made in this rapidly-evolving area of practice, on March 1 in Chicago or via live webcast.

Registration is $25. The ISBA would like to offer a special thanks to this program's financial supporter, Brooks McCormick Jr. Trust for Animal Rights Law and Policy, for helping to make this opportunity possible.

The Office of the State Appellate Defender has openings for the position of assistant appellate defender in Springfield and Mt. Vernon.

The position will provide criminal appellate representation to indigent clients. Responsibilities include reading records, conducting research, drafting briefs and other documents, and presenting oral arguments.

To limit the number of frivolous malpractice claims and thus lower insurance costs, Illinois and 27 other states require attorneys to consult a health-care professional before filing a medical-malpractice suit. But for those bringing a medical-malpractice case, such prelitigation requirements can present a daunting, complex maze. In February’s Illinois Bar Journal, Christopher Michels explores the required steps for bringing a healing-arts malpractice claim in Illinois in his article, “The Malpractice Maze: Bringing a Healing-Arts Malpractice Suit and the Requirements of Section 2-622.”

Studies show that the average American worker is interrupted every two to three minutes while on the job. At that rate, it’s a wonder anyone can finish daily tasks, let alone major projects.

The ISBA’s whitepaper on managing distractions in a digital age provides four fronts to address distractions and how to overcome them in the workplace. Those fronts include promoting physical and mental health, putting value on workplace and organizational health, creating a time, task and email methodology, and better understanding attention- and distraction-management skills.

The Candidate Report for the 2019 ISBA Election is below. All members of the association (except non-lawyer members) with their dues paid by March 1, 2019 are eligible to vote.

2019 Candidate Report

(N.B.: Pursuant to the Policy and Procedures for Election approved by the ISBA Assembly, in those instances where there are more candidates than positions to be filled, nominees are listed on the ballot by the date of filing. Where two or more people filed on the same date, ballot positions were determined by lot. Ballot positions are listed next to the candidate’s name.)

Third Vice-President (1 to be elected; 1 candidate)

• Rory T. Weiler

The Illinois Supreme Court handed down two opinions on Thursday, Feb. 7. In Beaman v. Freesmeyer, the court clarified the proper test for the “commencement or continuance” prong of the tort of malicious prosecution. In People v. Gawlak, the court reversed the appellate court’s decision in a case involving due process rights and the assistance of counsel.

Learn how to use technology to present evidence or dispute a claim during your next trial. Technology is permeating every aspect of the legal practice – from digital evidence replacing paper to how key components of a case are presented to the jury. Flat screen displays, videotaped testimony, dual screens that present several documents at once, and even personal screens for each juror in the jury box are all ways that technology can simplify and organize the trial presentation process and provide information in a way that is easy to understand. And it’s well established that for a lawyer, competency requires more than just a passing familiarity with technology.

A bill that the Illinois State Bar Association spoke against during last year’s legislative session was refiled this week. The bill, HB 185, would amend the Illinois Marriage and Dissolution of Marriage Act to mandate a rebuttable presumption in favor of equal parenting time in every family law case.

The only exception is if the parents present an agreed written parenting plan, and that plan is approved by the court. If the court deviates from this presumption, it requires the court to issue a written decision stating its specific findings of fact and conclusions of law in support of its ruling.

Asked and Answered 

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

Q. I am the owner of an eight-attorney insurance defense law firm in the greater Chicago area. All of the other attorneys in the firm are associates. They are currently paid a salary plus a bonus for billable hours that exceed certain thresholds. I am in the process of establishing a non-equity partner tier and for this tier I want to set up a different compensation system with the focus on collected revenues rather than billable hours. I will continue to pay non-equity partners a salary with a bonus for collected working attorney fees. I will also pay responsible attorney fees for other timekeepers' work over the target threshold. I have given some thought to client origination of business, but since we have a small universe of insurance company clients, I'm not sure how this would play out. I would appreciate your thoughts.