Asked and Answered 

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

Q. I am a solo practitioner in upstate New York and I hope to retire in three years and move to Florida. I have been talking with a larger firm with 20 attorneys in Albany that has an interest in me either merging my practice with their firm or joining as Of Counsel. My plan would be to work three more years, gradually phase back, and transition clients and referral sources.

I have had several meetings with the partners in the firm and they are now asking me for detailed due diligence information – tax returns, financial statements, etc. I have no problem providing these documents, but I was wondering if I should be asking them for information. What do you think?

The Illinois Supreme Court has adopted a rule that allows divorcing couples to work with lawyers on a limited-scope basis to try to reach an amicable settlement and avoid litigation.

Illinois Supreme Court Rule 294 was adopted June 8 and went into effect July 1. It was an important companion rule to ISBA-sponsored legislation establishing the practice of the collaborative process in dissolution cases. That legislation became effective on Jan. 1.

The new rule, also proposed by the ISBA, disqualifies attorneys serving in a collaborative process from representing clients if the process fails and the case goes to litigation. The rule also stipulates that when an attorney is discharged from a collaborative process, that lawyer’s entire law firm is also disqualified from representing the client. 

The Land of Lincoln Legal Assistance Foundation, a non-profit organization that provides free legal services to low-income individuals and groups in civil cases, is seeking a staff attorney at the Central Regional Office in East St. Louis.

The position includes representing clients in the areas of foreclosure and landlord/tenant law, and giving presentations to members of client population about their rights.

To be considered for this position, you must be admitted to practice law in Illinois and demonstrate a commitment to the representation of low-income individuals. Prior legal services experience is preferred.

Land of Lincoln Legal Assistance Foundation, Inc. (LOLLAF) seeks to hire a staff attorney at LOLLAF's Central (East St. Louis) and Western (Alton) regional offices. LOLLAF is a non-profit organization that provides free legal services to low-income individuals and groups in civil cases. 

The staff attorney positions' responsibilities include representing low income persons in senior citizens in bankruptcy and consumer cases in a multi-county region, and participating in community legal education and outreach.

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 one year post-J.D. legal experience. U.S. citizenship is required.

Preferred qualifications include at least three years of 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, good interpersonal skills, the ability to work in a supportive and professional team environment with client agencies, support staff, and other attorneys, and sound legal and ethical judgment.

In 1858, Lincoln defended William Duff Armstrong on murder charges for the death of James Preston Metzker. During the trial, a key prosecution eyewitness named Charles Allen testified that he witnessed the fight after sunset by the light of the moon high overhead. Lincoln undermined Allen’s testimony by using an almanac to prove that the moon was on the horizon and did not provide sufficient light to see anything clearly at the time of the fight. William Duff Armstrong was acquitted and Lincoln’s use of the almanac became legendary in the legal community. Don’t miss this full-day seminar in Beardstown on Sept. 7, 2018 that examines the Lincoln Almanac Trial in the very courthouse where Armstrong was acquitted. Topics include: an examination of the case from the trial advocacy perspective, and what modern lawyers can learn from it; a look at Lincoln’s other murder trials, and how attorneys must fulfill their duty to represent clients zealously in such cases; the problem with eyewitness identification and how to deal with it effectively at trial; the ethical issues that can arise during a trial; and a look at Lincoln’s practice before the Illinois Supreme Court.

The Illinois Armed Forces Legal Aid Network (IL-AFLAN) provides civil legal services across Illinois to veterans, active duty military, spouses, and dependents. In Illinois, there are approximately 750,000 veterans, 20,000 active service members, and 13,000 members of the Illinois National Guard. There are over 20,000 dependents of service members who were deployed between Sept. 11, 2001, and May 31, 2015. The top civil legal needs of this population include housing, family, and consumer law issues, as well as assistance with VA benefits and appeals, and discharge upgrades.

Are you in need of document assembly without the steep learning curve or high price tag?
 
IllinoisBarDocs is the ISBA's fully automated document assembly system that is built around a library of Illinois-specific legal forms. It is available on the HotDocs Market, which is a new ecommerce website where bar associations and other legal publishers make forms available to lawyers.

It now includes a complete estate plan drafting system that allows you to efficiently create both trust-based and will-based plans. For the low cost of $20/month or $199/year, an IllinoisBarDocs subscription lets you successfully compete with online DIY legal services.

Did you know that in the early days of Illinois statehood, African Americans who wanted to reside in Illinois had to pay the local county clerk $1,000 just for the possibility that they may not be able to support themselves? African Americans also had to carry paperwork proving they were not runaway slaves. Even though technically “free,” they could be manipulated into indentured servitude for life. Illinois became a main thoroughfare of the Underground Railroad anyway and, after the Civil War, African Americans flocked to the new state, where many of its harshest anti-African American laws were sporadically enforced. 

Asked and Answered 

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

Q. I am the firm administrator for a 25-attorney firm in Baltimore, Md. We have 14 partners, nine of whom are in their 60s. We have no succession or transition plans in place for senior partners. Every time I bring up the topic there is resistance to even discuss it. I would appreciate any help that you can provide.