As Illinois implements the Compassionate Use of Medical Cannabis Pilot Program Act (410 ILCS 130/5 et seq.), attorneys face an ethical dilemma. Illinois Rule of Professional Conduct 1.2(d) prohibits a lawyer from assisting clients in conduct he or she knows is criminal. And even though state law allows the cultivation, sale, and use of marijuana for limited medical purposes, marijuana is still classified as a Schedule I controlled substance under federal law.

The U.S. Department of Justice (DOJ)has said it does not intend to interfere with the medical use of marijuana if it is tightly regulated and controlled by state law. But possession, sale, and production of marijuana remain illegal under federal law. How can an attorney reconcile this contradiction?

The ISBA's Standing Committee on Professional Conduct addresses the issue in new Advisory Opinion No. 14-07. The opinion offers guidance on two specific questions: 1) May a lawyer provide legal advice and render other legal services to a client engaged in the medical marijuana business? 2) May a lawyer counsel a municipal government about zoning regulations for cultivation centers and dispensaries? The answer to the second question is simple: "yes," the opinion says in so many words. The answer to the first question is more lengthy and nuanced - but also "yes." Read Matthew Hector's article in the December Illinois Bar Journal and find out more.

Chief Judge Diane P. Wood announced that the United States Court of Appeals for the Seventh Circuit has reappointed Northern Illinois Chief Bankruptcy Judge Bruce W. Black to another 14-year term when his current term expires on August 12, 2015. Chief Judge Wood commented that the bar and the public were extensively surveyed and the results were that Chief Bankruptcy Judge Black is rated as an excellent judge.

Chief Bankruptcy Judge Black was sworn in as a bankruptcy judge in 2001 to a term beginning on August 13, 2001. He was appointed as Chief Bankruptcy Judge on July 1, 2011. He earned his undergraduate degree from Bradley University and his law degree from the University of Illinois College of Law in 1971. Prior to his appointment as a bankruptcy judge, he served as law clerk to the Honorable Robert D. Morgan, U.S. District Court for the Central District of Illinois. He became Assistant State’s Attorney of Tazewell County, Illinois, and then Tazewell County State’s Attorney. He was a Judge for the Tenth Judicial Circuit of Illinois at the time of his appointment to the bankruptcy court in 2001.

ISBA members can choose from a range of programs including life, major medical, dental, vision, catastrophe major medical, long term care, and disability insurance programs administered by Mercer Health & Benefits Administration LLC.

ISBA Health Insurance options are available for individuals and small groups, including PPO's and HSA Qualified Medical Plans from well-respected carriers such as Blue Cross / Blue Shield, Humana, Unicare, Celtic and others. For more information, contact Mercer at (800)-321-1998 or for online quotes visit http://isba.healthinsurance.com

For information on a plan other than medical insurance, contact Mercer at (800)-503-9230 or on the web at http://www.personal-plans.com/isba

NEW! Members can enroll for health insurance under the Affordable Care Act (ACA) through GetInsured, powered by Mercer Marketplace*. Explore ACA-compliant plans in your area with the company that administers public health insurance exchanges. Compare available plans confidently and conveniently in minutes to secure a solution that strikes the best balance between coverage and affordability. ISBA members pay no additional cost to take advantage of this service.

Specify what you need in health care coverage and receive a list of all plans that are scored for: overall suitability, monthly cost, estimated out-of-pocket expense (deductibles/copays), which services are covered, and which doctors participate.

Bringing the Courtroom to the Classroom

This innovative program is designed to bring civics education about the legal system and courts in Illinois to students throughout the State.

Judges and lawyers are now being invited to make presentations together. Complimentary training of 45-60 minutes is required and will next be provided and videotaped on Thursday, December 11, 2014, at 3 p.m. at the Chicago Regional Office of the ISBA, at 20 S. Clark Street, 9th Floor, Chicago, Illinois, by Judges Clare McWilliams, Eileen O'Neill Burke, and Mike Chmiel.

Space is limited – to reserve a spot, please email kfurr@isba.org.

Asked and Answered

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

Q. I am the managing partner of a nine-attorney firm in Cincinnati. We have four equity partners and five associates. Partners are compensated on the basis of their ownership shares which are currently 25% each. In the past the system worked well - but now we are having problems. The two senior partners are working and contributing less and are taking out half of the compensation which is causing dissatisfaction and division within the firm. We have been discussing alternative approaches. Should we consider a system total focused on individual partner performance and production - an eat-what-you kill if you will?

A. I agree that personal production and performance should have a relationship and a tie to compensation. However, a move to a total eat-what-you-kill system might be a drastic first-step move. Eat-what-you-kill approaches can often destroy teamwork in firms that desire to be team-based firms. For firms that want to be lone ranger firms eat-what-you-kill is fine.

Join us in Chicago on December 12, 2014 as Carole Levitt and Mark Rosch – two internationally recognized Internet trainers and authors of seven American Bar Association Law Practice Division books – shows us how to practice on a budget! Attorneys with all levels of practice experience who attend this program will better understand: how to jumpstart your legal research by using free and low cost online resources and Fastcase; what the ISBA Fastcase plan includes and how to use it; how two new federal government websites can help you conduct your legal research while staying on budget; how to start running your office on a budget by using Google’s Cloud Gmail and Calendar Business apps, share your calendar, and make phone calls free of charge and how ethics affects the way you practice in the Cloud; and much more! This Master Series seminar qualifies for 3.0 hours MCLE credit, including 3.0 hours Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

Please join us at the ISBA/YLD Annual Holiday Party and show your support for the IBF/ YLD Children's Assistance Fund, a 501(c)(3) charitable entity. Initially created to assist with the opening of children's waiting rooms in courthouses across the State of Illinois, the IBF/YLD Children's Assistance Fund has since grown, and now provides funding to organizations across the State of Illinois that provide legal assistance to children, maintain children's waiting rooms in courthouses, work to reduce recidivism of juveniles, and/or work to reduce the incidents of domestic violence in families with children.

WHEN: Friday, December 5, 2014, 6 p.m.-10 p.m.

WHERE: Duffy's Tavern and Grille, 420½ W. Diversey, Chicago, Illinois

WHAT: Open Bar, Warm Appetizers, and Live Band!

COST: $50 per person for tickets purchased at the door the evening of the event.

By E. Alex Espinoza, Equal Justice Works/AmeriCorps, Veterans Legal Corps - Legal Fellow, U.S. Army Reserve

Each Veteran’s Day, our nation pauses to thank our 19.6 million living veterans. As an Iraq War veteran, I can attest to the awkwardness of responding to “thank you for your service.” At best, veterans don’t know how to respond. A response of “you’re welcome” seems too self-serving. At worst, “thank you for your service” is considered only lip service; a required response similar to “gesundheit” or “bless you” after a sneeze.