Can you serve as agent of your client's POA for property?
ISBA member John Ahern of Chicago recently posted this query to the ISBA Trusts and Estates Section discussion group: "Client has no family and few friends. Client asks her attorney to be the agent on her powers of attorney and trustee on her trust and he agrees. Attorney creates the documents and discloses that he prepared them. He is not a beneficiary. Is there any specific prohibition that anyone is aware of for the attorney?"
Timothy S. Midura of Wheaton responded, saying this in part: "[There's no] 'prohibition.' [But have] your 'eyes wide open' for 1) any estate/beneficiary disputes that [the lawyer] might become a lightning rod for and 2) even higher (or highest) standards of fiduciary conduct/capability due to [being a member of the] legal profession. Bottom line: Be ready and able to do a superb job." Find out more in the March Illinois Bar Journal.
Evanston Township High School’s team was victorious at the recent 19th Annual Northwest Suburban Bar Association Mock Trial Invitational. The contest was held on February 18, 2015 in the courtrooms of the Circuit Court of Cook County’s Third Municipal District in Rolling Meadows. Twenty-four local high school teams, comprised of over 400 students, participated in this Invitational.
St. Charles North High School took second place, finishing a mere six points out of first, and Chicago Christian High School landed third. Individual honors were awarded to Elena Von Stee from Timothy Christian High School for Outstanding Attorney and Lucia Garrett from Maine West High School for Outstanding Witness. The students were judged on a point-scale of not-effective (1) to outstanding (5) on various courtroom roles, from witness performance, direct exam by attorneys and cross and recross exam by attorneys.
Join ISBA members for a group admission to the Supreme Court of the United States on Monday, June 8, 2015 in Washington D.C.