Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. We are a 25-lawyer insurance defense firm in Northwest Dallas. We are managed by a managing partner, firm administrator, and director of human resources. We have been discussing the need for a marketing director. Are we too small? If we decide to hire one what should we be looking for and where should we start our search?
ISBA member Martin Glink discusses foundations on how to get objects, records and photographs admitted into evidence.
Nominations are being accepted for ISBA awards. Please submit all nominations before March 4. Additional information is available at www.isba.org/awards or by clicking the link to the individual award.
Attend this seminar in Chicago or via live webcast on February 17, 2016 for a better understanding of the current issues and challenges surrounding mental health law in Illinois! As an attorney working in the mental health law arena, you need to stay up to date on the legislative and procedural changes taking place throughout Illinois. Mental health lawyers, disability law practitioners, family law attorneys, and those working in the health care industry attending this seminar will better understand: the legislative changes affecting Illinois’ Mental Health and Developmental Disabilities Code; how the Mental Health Confidentiality Act is impacted by recent Illinois legislation; the recent Illinois Supreme Court and Appellate Court decisions regarding the Mental Health and Developmental Disabilities Code and the Illinois Mental Health Confidentiality Act; and the legal and ethical obligations attorneys have when facing a colleague with mental illness.
The Candidate Report for the 2016 ISBA Election is below. All ISBA attorney members with their dues paid by March 1, 2016 are eligible to vote. Ballots will be distributed on Monday, March 28, 2016. It may take several days for mailed ballots to reach members. Email (e-ballot) distribution will begin the morning of the 28th and should conclude before 4 p.m. The deadline for voting is Friday, April 29th at 4:30 p.m. Central Time for all voting methods: e-ballot, paper or internet. Additional voting information is available below the report.
2016 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.)
Please register now for the ISBA Young Lawyers Division Wine Tasting Networking event. Join your peers for an evening of socializing and wine tasting!
When: Friday, February 26, 2016, 5:30 – 7:30 p.m.
Where: ISBA Chicago Office - 20 S. Clark Street, Suite 900
Online registration and more information available at www.isba.org/sections/yld/winetasting
By Alyssa M. Reiter, Williams Montgomery & John Ltd.
This case, involving a denial of unemployment insurance benefits based upon employee misconduct, provided an opportunity for the Court to clarify the type of misconduct required and the proof necessary to justify such denial.
Petrovic applied for unemployment insurance benefits after she was terminated by American Airlines for misconduct at work. Petrovic had requested that the catering department deliver champagne to a customer and had asked a flight attendant to upgrade that passenger to first class.
The Department of Employment Security denied the request for unemployment benefits and the Board of Review affirmed that determination. Following further review, the case proceeded to the Supreme Court.
Because the applicable statute required that an employee’s violation be “deliberate and willful,” it necessarily required evidence that the employee was aware that her conduct was prohibited. In this case, there was no evidence in the record of a reasonable American Airlines rule or policy prohibiting Petrovic’s conduct. The employer’s sole witness at the administrative hearing testified only that “policies and procedures were not followed” but did not identify any specific rule or policy. Further, statements contained within the employer’s written protest were not legally competent evidence. The protest was merely a pleading and any facts alleged within the protest had to be substantiated with competent evidence.
ISBA Past President John O'Brien discusses what to consider when advising your residential real estate client on taking title.
Former ISBA Executive Director John H. Dickason, 84, of Coral Gables, FL passed away February 2, 2016. He was born June 3, 1931 in Wooster, OH, a twin son of the late Donald E. and Martha (Hamilton) Dickason. He graduated from Champaign, IL High School and earned a Bachelor of Arts and a Master of Business Administration from Dartmouth College. John and his wife Barbara (Bobbie) were married June 20, 1953 in Christ Episcopal Church, Bronxville, NY. He served in the U.S. Army (1954-1956).
He was Director of Administrative Services for the Illinois State Bar Association from 1960-1970 and then served as Executive Director until 1985. In 1985 he became the Vice President for Finance and Administration of the Lucille P. Markey Charitable Trust which assisted basic medical researchers.
