CLE: After Shelby County v. Holder: The Impact on Voting Access

Posted on September 8, 2014 by Chris Bonjean

In Shelby County v. Holder, the U.S. Supreme Court found that the pre-clearance requirements and the coverage formula of the Voting Rights Act of 1964 are no longer applicable to the States. As a result, numerous state legislatures and Governors passed (or are seeking to pass) voter restrictions that will effectively prevent persons from minority groups, including the poor, elderly, and disabled, from exercising their constitutional right to vote. In response, the ACLU, the League of Women Voters, and other civil rights organizations have created voting rights projects to monitor government restrictions, educate voters on how to protect their rights, develop strategies to challenge restrictive laws, and lobby Congress to reauthorize the set of pre-clearance requirements and the coverage formula it has approved in previous years. Don't miss this informative seminar on Wednesday, September 24th that offers an in-depth look at how Shelby County v. Holder has impacted citizen’s voting rights.

The program takes place in Chicago; however, it is also available as a live webcast for those unable to attend the onsite program. It qualifies for 1.25 hours MCLE credit and is presented by the ISBA Standing Committee on Racial and Ethnic Minorities and the Law.

Click here for more information and to register.

Illinois Supreme Court annouces judicial vacancy in 6th District

Posted on September 8, 2014 by Chris Bonjean

Chief Justice Rita B. Garman of the Supreme Court of Illinois has begun an application process for a Circuit Court vacancy in the Sixth Judicial Circuit.

The DeWitt County resident circuit vacancy is created by the death of Judge Garry W. Bryan. Judge Bryan had served as a resident circuit judge in the Sixth Judicial Circuit since 2008.

Under the Illinois Constitution, the Supreme Court holds the authority to fill interim judicial vacancies until the next General Election. The application process will lead to final Court approval. The applicants will undergo an evaluation and screening process.

Notice of the vacancy has been posted in courthouses throughout the Circuit. The application form and instructions may be obtained by visiting the Supreme Court’s website at www.illinoiscourts.gov and following the instructions in the “Latest News” scroller announcing the Sixth Judicial Circuit vacancy. Applications must be submitted by mail to:

Best Practice: Law Firm Staffing and Growth Models - Lateral & Contract Associates

Posted on September 3, 2014 by Chris Bonjean

Asked and Answered

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

Last week I was asked by the managing partner of a 16 attorney insurance defense firm about staffing and growth models for an insurance defense firm and I listed the following models and discussed the first model - grow your own associate staffing.

Attorney staffing/growth models include:

Hinshaw & Culbertson LLP merges with Los Angeles-based Barger & Wolen LLP

Posted on September 2, 2014 by Chris Bonjean

Hinshaw & Culbertson LLP, a national law firm with 460 lawyers in 22 offices around the country and Barger & Wolen LLP, a California-based law firm with 45 attorneys in six offices, announced today they will join forces. The merger creates one of the largest insurance law practices in the United States with 120 full-time attorneys dedicated to providing legal counsel to companies that shape the insurance and financial services industries.

The partner votes took place on August 28, 2014, and the merger will become effective on October 1, 2014. The combined firm will keep the name Hinshaw & Culbertson and have over 500 attorneys in 11 states as well as London.

CLE: Animal Valuation – Live Webcast!

Posted on August 28, 2014 by Chris Bonjean

An animal's value is a hotly debated topic among companion animal guardians and animal professionals. The worth of an animal has changed in recent years with the recognition of pets as family members, animal sentience, and heightened cruelty laws. Don't miss this live webcast on Wednesday, September 17th that explores the historical notions of market value verses the more modern actual value standards, as well as the direction of current trends. Attorneys with intermediate practice experience in civil, tort, or animal law who are interested in the damages available to a litigant for the loss of an animal in Illinois who attend this seminar will better understand:

  • How animal valuation can arise in the context of a civil case;
  • How the current worth of an animal depends on the animal’s status as companion, commercial, protected, etc;
  • The argument for status quo;
  • How societal change and criminal aspects have affected the argument for increased valuation;
  • The proposed solutions, including a price increase commensurate with risk; and
  • Much more!

The seminar is presented by the ISBA Animal Law Section and qualifies for 1.5 hours MCLE credit.

Click here for more information and to register.

ISBA Statehouse Review for the week of August 28, 2014

Posted on August 28, 2014 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Power of attorney for health care (Public Act 98-1113), Pregnancy and discrimination (Public Act 98-1050), Presumptively void transfers (Public Act 98-1093), Uniform Electronic Legal Material Act (Public Act 98-1097), The Home Repair and Construction Task Force (Public Act 98-103), Condominium Property Act (Public Act 98-1068) and Bail bonds and electronic surveillance (Public Act 98-1012). More information on the bill is available below the video.

ISBA Task Force on Law School Curriculum to hold statewide hearings

Posted on August 28, 2014 by Chris Bonjean

The Illinois State Bar Association's Task Force on the Impact of Law School Curriculum and Debt on the Future of the Profession will hold seven open hearings throughout the state. The Task Force was established by President Richard D. Felice and is chaired by Hon. Ann Jorgensen, Justice of the Second District Appellate Court. ISBA members are encouraged to attend these hearings to discuss the core skill sets that new lawyers should have and how law schools can graduate more “practice ready” lawyers.

Those who provide comments should focus on:

Accepting credit-card payments? Mind your trust-account Ps and Qs

Posted on August 27, 2014 by Mark S. Mathewson

More clients prefer to pay fees by credit card these days, and more lawyers are accommodating them, a practice that is typically good for client and lawyer alike. But credit-card transactions raise a few special ethics issues, one of which - payment for retainer fees - is the subject of ISBA Ethics Opinion 14-01, issued earlier this year.

As the opinion notes, lawyers must take care that the agreement they sign with the credit card processing company doesn't conflict with various ethical obligations to clients, notably the duty under Rule of Professional Conduct 1.15 to "hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property" - i.e., to avoid commingling.

Commingling isn't an issue when the payment is for services already performed. That money belongs to the lawyer, not the client. But when the client pays a security retainer fee "to secure payment for future services and expenses," he or she is paying for services that haven't yet been rendered. Those payments are the property of the client until the work is done, and as such must be deposited in the lawyer's trust account, not the lawyer's business account. Find out more in the September Illinois Bar Journal.