Third Vice-President - 1 to be elected

• James McCluskey 2
• Lisa Nyuli 1

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Trades and proof of insurance (House Bill 201), Open Meetings Act (House Bill 1323), Mortgage Foreclosure (Senate Bill 735), The Probate Act of 1975 (House Bill 1332) and Governor Rauner’s State of the State Address. More information on each bill is available below the video.

Q. My client recently informed me that they would harm the opposing party if they had the opportunity. Do I have any duty to inform anyone of this?

"Has anyone filed an objection to a Chapter 7 bankruptcy where the movant is trying to discharge attorneys' fees in pursuing college expenses?" That's the question Chicago lawyer Modupe Sobo posed recently on the ISBA's family law discussion group.

The wisdom from the exchange that followed: in a Chapter 7 proceeding, debtors can't discharge divorce-based attorneys' fees in bankruptcy; in Chapter 13, maybe they can, depending on how the court classifies the debt.

"The real distinction lies in the type of bankruptcy the debtor files," wrote Rebecca Reinhardt of Mt. Vernon in an answer that was updated and published in the February Illinois Bar Journal. Under Chapter 7, attorneys' fees incurred to recover college expenses in connection with a domestic support obligation would be nondischargeable, she says. Read her detailed response and find out more.

The 3^rd Judicial Circuit Court is accepting applications for the position of Law Clerk. This Law Clerk position is for two years with the possibility of extension (not to exceed one additional year).  

Asked and Answered

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

Q. I am the managing partner of a four attorney (all partners) estate planning firm in Tulsa, Oklahoma. We are all working hard but I do not believe that we are making the money that we should be. Last year our fee collections were $600,000 and our net income $250,000 which was the total amount that was available for partner compensation. Thus, we each made $62,500.00. Each of us have been practicing for over 20 years and I believe this is totally unacceptable. We appear to be busy and have plenty of work. I would appreciate your thoughts.

The 2015 Annual Meeting will be held at the Grand Geneva in Lake Geneva, Wisconsin from June 18^th – 20^th. Take advantage of this opportunity to make your reservations for lodging early. To make reservations at the Grand Geneva, please call 855.833.5345 and reference reservation code #75O0D6 or indicate you are attending the Illinois State Bar Association’s Annual Meeting. Rates for 2015 are $177 for single or double occupancy, plus resort fee and tax. A deposit of first night’s lodging is required. Check-in after 4:00 p.m. and check-out before 12:00 p.m.

Mediation is designed to resolve differences both in and out of the courts. It requires a very different mindset than courtroom litigation. Join us in Chicago on March 2, 2015 for this week-long mediation training and learn how to resolve conflicts in a non-adversarial, non-confrontational manner, allowing peaceful resolutions between parties.

The program is taught by Richard Calkins and Fred Lane – two nationally recognized mediators, authors and educators. Until 20 years ago, both Mr. Calkins and Mr. Lane were well-known and highly regarded litigators. Since then, however, they have successfully mediated over 5,000 cases. Mr. Calkins and Mr. Lane have developed an approach that encourages the mediator to be a peacemaker, deemphasizing the antagonism involved in formal litigation. This five-day course has considerable hands-on training and requires each participant to complete two full mediations as a mediator. Course topics include an introduction to mediation, caucus form of mediation, qualities of a peacemaker, ethical considerations, other Alternative Dispute Resolution mechanisms, advanced mediator techniques, and arbitration.

The program qualifies for 40.0 hours MCLE credit, including 40.0 hour Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

Chief Judge Kathryn E. Cresswell has announced that applications for the Office of Associate Judge of the 18th Judicial Circuit Court of Illinois, DuPage County, have been received from those on the list below. The vacancy is the result of the elevation of Associate Judge Paul M. Fullerton to Circuit Judge.

As part of the review process before the Circuit Judges, Chief Judge Creswell invites public comment by letter before Feb. 17, 2015:

• Chief Judge Kathryn E. Creswell
• 18th Judicial Circuit Court
• 505 N. Country Farm Road, Room 2015
• Wheaton, IL 60187

Here is the list of applicants:

Now that media cameras may be appearing in certain courtrooms at 26th and California under the new Extended Media Coverage pilot program, attorneys will want to attend the informational presentation, “Courtroom Cameras Pilot Program – Guidelines for Participants.”

The presentation is scheduled for Thursday, February 5, 2015, from 3 p.m. to 4 p.m. in the Jury Assembly Room of the Leighton Criminal Court Administration Building, 2650 S. California Ave., 3rd floor and is hosted by Chief Judge Timothy C. Evans and Presiding Judge Paul P. Biebel, Jr.

The February 5 event will discuss the nuts and bolts of the court’s EMC Pilot Program which permits the use of media cameras and audio recording devices in Criminal Division courtrooms at Leighton an experimental, case by case basis. Included among the topics that attorneys will learn about are who may object to EMC, which types of proceedings are prohibited and who the participants are.

The presenter for “Courtroom Cameras Pilot Program – Guidelines for Participants” is Stephen Brandt, Acting Director of Legal Research for the Office of the Chief Judge. The presentation is open to all attorneys practicing in the Criminal Division courtrooms at the Leighton Criminal Court Building.

To reserve a seat, please call or email Rose Mary Marasso at (312) 603-6553 and rosemary.marasso@cookcountyil.gov. For information on the courtroom cameras pilot program, go to www.cookcountycourt.org, select “Media” then “Extended Media Coverage.”