Asked and Answered

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

Q. I am a solo practitioner in Orlando, Florida with two secretaries and I am planning on merging my practice with another attorney in the same office location. He has three staff members. We have both been on our own for 20 years and have enjoyed our independence. We have decided that we want to setup an eat what you kill type of compensation system. We would appreciate your thoughts.

Resolve to do more in the New Year with a new PC! Take advantage of Instant Savings and upgrade your technology with a Lenovo device! Through the ISBA Member Savings Program, you get ongoing discounts of up to 30%, FREE shipping on all web orders, access to energy-efficient green technologies, award-winning service and limited-time special offers!

Take advantage of these special offers through the end of January:

• Up to 44% off select Lenovo Laptops and Desktops
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Visit www.lenovo.com/statebar or call 1-800-426-7235, ext. 3577 (M-F: 9am-9pm EST, Sat: 9am-6pm EST). Visit often for weekly specials, and start 2016 with Innovation that Never Stands Still!

Illinois Supreme Court Justice Anne M. Burke announced today an application process for a vacancy in the Sixth Judicial Subcircuit of Cook County.

The vacancy was created by the resignation of Circuit Judge Robert Lopez Cepero, who served as a judge since 1994. Judge Cepero's resignation took effect January 6, 2016.

The Illinois Supreme Court has appointed Elizabeth A. Karkula as a Circuit Judge of Cook County, at Large. This appointment is effective Jan. 19, 2016 and terminates on Dec. 3, 2018. It was created by the death of the Hon. Jean Prendergast Rooney.

The Tenth Judicial Circuit judges have voted to select Alicia N. Washington as an associate judge of the Tenth Judicial Circuit.

Ms. Washington is a lifelong resident of Peoria. She received her undergraduate degree in 1995 from the University of Illinois in Champaign, Illinois, Master's Degree in 1997 from Bradley University in Peoria, Illinois, and her Juris Doctor in 2001 from Michigan State University College of Law in Lansing, MI. Ms. Washington is currently an attorney with the Janssen Law Center. Prior to joining the Janssen Law Center, she worked as a staff attorney for Prairie State Legal Services, an organization that offers free legal services for low-income persons and senior citizens.

The swearing in for Ms. Washington will be held on Friday, January 29, 2016 at 3 p.m. at the Peoria County Courthouse. Supreme Court Justice Thomas L. Kilbride will preside.

In 2014, President Obama announced that he was using his executive authority to make significant changes to the immigration system. Over the past 10 months, the Department of Homeland Security and Department of State have announced new regulations relevant to business immigration, the availability of visa numbers, the citizenship process, and other areas of U.S. immigration. Join us for a live webcast on January 22, 2016 that offers an in-depth look at the changes that have already taken place, as well as those that are coming soon. Topics include: work authorization requirements to certain H-4s; new policy guidance on the specialized knowledge worker visa (L-1B); changes to the Visa Bulletin that provide earlier filing dates for adjustment applications; credit card payments for citizenship applications; new parole admission category for entrepreneurs; new guidance on the availability of National Interest Waivers for entrepreneurs; and the publication of a new OPT regulation for F-1 STEM students. A discussion on the status of other significant programs involving executive action in the courts is also included, as well as a review of important U.S. Supreme Court and other federal decisions that will affect your practice.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Perjury (House Bill 4400), New power of attorney section (House Bill 4327), Civil justice changes to bodily injury, death or property damage cases (House Bill 4426), Crime Victims Compensation Act (Senate Bill 2151), Civil justice changes (Senate Bill 2153) and Decriminalization of cannabis (House Bill 4357). More information on each bill is available below the video.

In the December ISBA Family Law newsletter, Marie Sarantakis offers a Top 10 list of changes wrought by the sweeping IMDMA revisions that took effect January 1. Here's a summary.

1. New terminology. Words like “custody” and “visitation” have been replaced with less adversarial terms like “parental-decision making” and “parenting time."

2. No-fault divorce. "Irreconcilable differences" is now the only ground.

3. Less waiting. The period parties must wait to get a divorce is reduced from two years to six months, with no wait in uncontested cases.

4. The end of heart balm. No more actions for alienation of affection, etc.

5. Property allocation explained. Courts now have to issue written findings explaining their rationale for property distribution.

6. Removal of children based on distance. Parents must seek leave to relocate based on the distance, not the state, of their new residence.

7. Speedier orders of dissolution. Judges must issue the order within 60 days after proofs close.

8. College expenses capped. College expenses are capped at the cost of attending the University of Illinois at Champaign-Urbana unless good cause to do otherwise is shown or the parties agree to a different amount.

The following state and local bar associations have expressed unified and strong opposition to the American Bar Association’s Law Connect pilot program which was launched by the ABA in partnership with Rocket Lawyer on October 1, 2015. The ABA’s Law Connect Rocket Lawyer program provides online legal advice to small businesses operating in Pennsylvania, Illinois and California at a cost of $4.95 along with free advice for online follow-up questions.

In its October 1 press release announcing the program the ABA stated, “The new ABA service called Law Connect, will be an affordable way for small businesses in those states to get answers to fundamental legal questions. For $4.95 a small business owner or representative can ask a question online of an ABA-member lawyer as well as a follow-up question. Those interested in additional legal advice can discuss legal matters further in a lawyer-client relationship.” ABA President Paulette Brown stated, “ABA Law Connect is an exciting opportunity for the ABA and Rocket Lawyer to assist small businesses, connecting them with ABA members, and represents one of many efforts by the ABA to improve access to legal services.”