Asked and Answered

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

Q. I am a partner in a 14-attorney firm in Denver. We have six equity partners and eight associate attorneys in the firm. Our practice is limited to health care law. We represent many local hospitals. Our associates range from those who have been with the firm less than one year to those who have been with the firm for over 15. None of our associates have developed business development skills and none of them have ever brought in a single client. Most would be unable to retain existing clients if the partners left the firm. This is in part our fault. When we hired them, we told them that we had plenty of client work and their mission was to bill hours and service our clients. However, as we the partners age and consider the future of the firm, we are beginning to realize that this was a mistake. How can we turn this around?

The preparation for "E-Day" - January 1, 2018, the first day civil circuit court cases across Illinois must be filed electronically - was arguably the most momentous development for the Illinois legal system in 2017, unless something bigger emerges in the final month.

But there were plenty of other significant stories, from the upcoming U.S. Supreme Court case arising out of Illinois that could have a major impact on labor law, to an Illinois Supreme Court case on the ability to tax charitable hospitals, to county lawsuits against pharmaceutical companies related to opioid abuse.

For example, starting in 2018, Illinois attorneys and firms that do not carry malpractice insurance will be required to complete a four-hour, interactive, online assessments of their firms' ethics and business practices under Illinois Supreme Court Rule 756(e), as amended in January 2017.

Also, the interdisciplinary model of conflict resolution known as collaborative law will be formally codified here through the Illinois Collaborative Process Act, which takes effect January 1. 

And the Illinois legislature took a step aimed at ensuring that the formula to determine child support payments is fair and equitable when it passed Public Act 99-764, an amendment to the Illinois Marriage and Dissolution of Marriage Act.

Find out more about these and other 2017 developments in the December Illinois Bar Journal.

The advance registration deadline for the 2017 Midyear Meeting, which will be held Dec. 7– 9 at the Palmer House Hilton in Chicago, is this Friday, Dec. 1. Register online now to celebrate the profession and consider issues of mutual interest to the bench and bar with the Illinois State Bar Association and the Illinois Judges Association. 

This year's highlights include:

• Opening reception
• Luncheon presentation by Joel D. Weisman, host and senior editor of Chicago Tonight: The Week in Review
• A Whole New Electronic World: Do's and Don'ts for Judges (And Lawyers Too) program
• Hot Topics in the Legal Profession program
• The Hero's Journey: Honor, Integrity, and Your Legal Career Through the Lens of History program
• Diversity and Inclusion in the Practice of Law program
• Count Me In! reception hosted by the ISBA Diversity Leadership Council
• Friday reception and dinner honoring the justices of the Illinois Supreme Court, featuring Justice Mary Jane Theis as a speaker
• ISBA Assembly meeting

The 18th Judicial Circuit Court is accepting applications to fill a vacancy for the Office of Associate Judge. This vacancy is a result of the appointment of Hon. Jeffrey S. MacKay to Circuit Judge effective Dec. 1.

Any attorney who is a U.S. citizen, licensed to practice law in Illinois, and a resident of the 18th Judicial Circuit may apply by electronically filing a signed application with the director of the administrative office of the Illinois Courts on the form prescribed and furnished by the director. The instructions for submitting an application electronically are available on the Illinois Supreme Court website.

Applicants who cannot submit an electronic application must submit two (2) signed originals of the prescribed application with the director of the administrative office of the Illinois Courts at the following address:

Marcia M. Meis, Director
Administrative Office of the Illinois Courts
3101 Old Jacksonville Road
Springfield, IL 62704

Applications will not be accepted if submitted by facsimile. 

All applications must be received by Dec. 22, 2017.

Practical information to help your client. Health care fraud costs taxpayers billions of dollars each year and range from Medicaid fraud and insurance fraud to drug fraud and kickbacks. Don’t miss this live webcast on December 6 that offers an in-depth discussion on the current state of health care fraud cases and how you can help your clients (regardless of which side of the case you represent). Health care lawyers, government attorneys, civil litigators, and attorneys representing health systems, hospitals, physician groups, and health care providers with intermediate practice experience who attend this online seminar will better understand: enforcement trends; health care fraud case progression; how to mitigate health care fraud issues; and the pet peeves of government and defense attorneys involved in health care fraud cases.

The program is presented by the ISBA Health Care Law Section and qualifies for 1.50 hours MCLE credit.

Read more and register on the CLE page. 

The ISBA Springfield and Chicago offices will be closed for Thanksgiving beginning 2 p.m. on Wednesday, Nov. 22. The offices will resume normal business hours on Monday, Nov. 27.

On behalf of everyone at the ISBA, we wish you a happy, fun, and safe long weekend. Happy Thanksgiving!

Asked and Answered

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

Q. I am the sole owner of a six-attorney energy law practice in Houston. I have had my practice for twenty years and have enjoyed the independence of being the boss, but I am tired of being solely accountable for the success of the practice, having to do all the management, and having all the worry and stress. I believe I have reached the point where I am ready for a partner or partners and I believe that the practice can be positioned for growth if I bring in a lateral partner, make a couple of my associates partners, or merge with another firm. I welcome any suggestions that you may have.

Black Friday and Cyber Monday bring the shiniest savings of the season! Give gifts they will open all year with instant savings up to 60% off on Lenovo's best performing laptops, tablets, accessories, and more while supplies last.

Visit Lenovo's Illinois State Bar Association member page.
Call: 1-800-426-7235, ext. 3577 (M-F: 9am-9pm ET, Sat: 9am-6pm ET)

Be sure to check the website often – special offers change frequently.

The Hon. Jeffrey S. MacKay, associate judge of the Eighteenth Judicial Circuit, has been appointed circuit judge of the Eighteenth Judicial Circuit, at Large, by the Illinois Supreme Court. The appointment will be effective Dec. 1 following the retirement of Hon. Kathryn E. Creswell. 

Hon. MacKay is a graduate of Kent College of Law, Chicago, 1992, and was admitted to the practice of law in Illinois in 1993.  Judge MacKay is currently an associate judge in the Misdemeanor Division of the 18^th Judicial Circuit, having been appointed to the bench in April of 2013. He was in private practice for 12 years with the law firm of Ekl, Williams and Provenzale (2001-2013), and also served as an assistant DuPage County state’s attorney (1993-2001).  Judge MacKay is an active member of the DuPage County Bar Association and the Illinois State Bar Association. 

The Illinois Supreme Court announced the filing of lawyer disciplinary orders on Nov. 21, 2017. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.