Three ABA House of Delegates positions remain open after the Dec. 9, 2017, Assembly meeting at the Midyear Meeting in Chicago. These three positions will be filled by the Board of Governors at the Jan. 26, 2018 meeting.

One available position is for an at-large delegate from outside Cook County. This at-large delegate’s term will commence immediately. This delegate will be part of the ISBA delegation at the ABA Midyear Meeting in Vancouver in Feb., 2018. and the term will end at the conclusion of the ISBA Annual meeting in June, 2019. 

Two “Under 35” delegate positions are also available, one from Cook County and one from outside Cook County. These “Under 35” delegates will serve for two year terms commencing in June 2018, and will begin their service at the ABA annual meeting in Chicago in Aug. 2018.

All persons seeking appointment must be members of the ISBA in good standing from the appropriate area.  

Interested persons should submit a letter of self-nomination and qualifications, including relevant ISBA service, to the executive director no later than Jan. 12, 2018. Interested persons may also contact their Board of Governor representative. Board member nominations will be allowed from the floor at the Jan. 26 Board of Governors meeting.

Questions should be directed to the ISBA executive director’s office by contacting Kim Weaver by e-mail or by phone at 800-252-8908. 

Get the information you need on Illinois’ new Mandatory Initial Discovery Pilot Program with this online seminar on January 17, 2018. Attorneys practicing in federal court –  particularly those in the Northern District of Illinois – need to know about the new program, including the common pitfalls and traps to avoid. Our panel of presenters offer their unique perspectives as they discuss the pilot program and show you how it can be used to enhance your practice and promote settlement. Online attendees are encouraged to offer input and ask questions via the chat box feature.

Mark your calendars for Feb. 9, when the ISBA Young Lawyers Division will host its annual speed networking event followed by a wine tasting in Chicago. 

Starting at 3:30, speed networking participants will meet and greet other lawyers and legal professionals to build professional and social networks in an event that combines concepts from speed dating and business networking. Refreshments will be served. 

At 5:30, attendees can then move downstairs to the ISBA Mutual Office to enjoy an evening of tasting a variety of wines and cheese. This events proceeds will benefit the YLD Children’s Assistance Fund.

Registration for both events is now open and we hope to see you there! Register now for speed networking and wine tasting! 

Illinois Supreme Court Rule 9(c)(4) was amended to allow a good cause exemption to e-filing for self-represented litigants (SRL). The rule change is effective immediately for proceedings in the supreme court and appellate courts. For proceedings in the circuit courts, the amended rule is effective on Jan. 1, 2018.

The amended rule defines the good cause exemption, which must be shown by certification and filed with the court before or with an initial pleading, that exempts SRLs from the e-filing requirement. It also specifies the procedures that must be followed to properly obtain the exemption.

The rule change comes less than three weeks before electronic filing in civil cases will be mandatory across Illinois, and reflects the Illinois Supreme Court's commitment to ensuring access to justice for everyone, including vulnerable SRLs.

Under the amended rule, good cause exists where a self-represented litigant is not able to e-file documents for the following reasons:

• No computer or Internet access in the home and travel represents a hardship 
• A disability, as defined by the Americans with Disabilities Act of 1990, that prevents e-filing
• A language barrier or low literacy (difficulty reading, writing, or speaking in English)
• If the pleading is of a sensitive nature, such as a petition for an order of protection or civil no contact/stalking order

Judges retain discretion to determine whether good cause is shown, or if, under particular circumstances, good cause exists without the filing of a certificate.

The ISBA Springfield and Chicago offices will be closed for the holidays beginning Friday, Dec. 22. They will reopen on Jan. 2, 2018. During this time, members can expect the following:

• E-Clips will not be delivered for the duration of this period
• Your Membership: The Featured Five will not be delivered on Wednesday, Dec. 27
• Illinois Lawyer Now will not be delivered on Thursday, Dec. 28
• All ISBA systems will be down temporarily from 8 a.m. on Friday, Dec. 29 through noon on Saturday, Dec. 30. Additional information regarding which services will be unavailable and instructions for members who wish to ensure continued service throughout this period are available on Illinois Lawyer Now.

All business and e-newsletter distribution will resume as usual on Jan. 2, 2018. 

All ISBA systems will be down due to electrical work beginning Friday, Dec. 29 at 8 a.m. until Saturday, Dec. 30 at 12 p.m. (noon). During this time the ISBA website will not be available. As a result you will also not be able to log into Fastcase, online CLE, and ISBA Central. Here is what you need to know and steps you can take to ensure continued service.

Online CLE

You will not be able to access online CLE at all during the outage. If you need to complete CLE credit before the end of the year, we strongly urge you to plan to finalize that before the outage. 

ISBA Central Communities and Discussion Groups

Discussion groups will still be available via email, but you will not be able to log into ISBA Central. (Note: if you are already logged into the ISBA website, you may be able to access ISBA Central by going to it directly at http://central.isba.org).

Fastcase

For members who need to access Fastcase during this time, please follow the instructions below.

Asked and Answered

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

Q. I am the owner of a 14-attorney law firm in South Bend, Indiana. The firm is a health care firm that represents various medical facilities in the area. I am the managing attorney who makes all of the management decisions, and all of the other attorneys in the firm are associates. I also bring in the bulk of the firm's clients. I want to retire in the next five years and would like to sell my interests to three associates in the firm. However, I am unsure if they will be good partners with each other, whether they have the management and client development skills to lead the firm, or even if they would want to be partners. My other option would be to merge with another firm. I prefer to sell my interests to the three associates rather than merge if at all possible. What are your thoughts?

Illinois has become a center of biometric privacy litigation. The Illinois Biometric Information Privacy Act is the only one in the nation that allows private parties to sue and has a fee-shifting provision allowing plaintiffs to recover attorney fees.

And biometric privacy lawsuits are in the news - there has been a spike in litigation against employers over fingerprints and other biometric data. Biometric data is a measurement or copy of a unique physical characteristic of an individual. It can be a fingerprint, retina or iris scan, voiceprints, hand scans, or facial geometry.

In March 2016, Google faced a class-action lawsuit alleging violations of the Illinois Biometric Information Privacy Act (see "Class action suit alleges Google is violating Illinoisans' 'biometric' privacy," May 2016 LawPulse, at http://bit.ly/2zE4FRQ). As of November 11, 2017, the case is still in the discovery phase.

Most new lawsuits in Illinois are based on employers and retail businesses that allegedly fail to obtain written authorization before collecting fingerprint scans ("Spike in IL lawsuits vs employers over fingerprints, other biometric data may be just the beginning," Cook County Record, at http://bit.ly/2jqsTc0).

Find out more in the December Illinois Bar Journal.

The 2017 Midyear Meeting was held last week, Dec. 7-9, 2017, at the Palmer House Hilton Hotel in Chicago. Attendees celebrated the profession, discussed issues of mutual interest to the bench and bar, attended business meetings, earned CLE credit, and expanded their social and professional networks at receptions and dinners. During section meetings and at the Assembly meeting, various members of the ISBA community were recognized with awards. 

The photo galleries containing highlights from this year's Midyear Meeting are now available and listed below:

Opening Ceremony

YLD 20th Annual Holiday Party

ISBA/IJA Joint Meeting Luncheon

Law School Alumni Receptions

Diversity Leadership Council "Count Me In" Reception

Illinois Supreme Court Cocktail Reception

Illinois Supreme Court Dinner