Q. Can a lawyer avoid disciplinary proceedings by changing his or her registration status to inactive or retired?

A. Supreme Court Rule 756(i) provides that changing registration status will have no effect on disciplinary proceedings.  However, in some cases and with the consent of the ARDC, a lawyer facing certain disciplinary charges can seek to be placed on “permanent retired status” under Supreme Court Rule 756(a)(8) resulting in the closure of any pending disciplinary investigation or dismissal of any pending disciplinary proceeding.  

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

Learn about the new Supreme Court policy regarding the certification of interpreters with this informative two hour seminar! Interpreters play an important role in the judicial process by helping non-native English speakers overcome any language barriers that may exist. Any attorney or judge who uses interpreters should attend this seminar to better understand: the difference between an interpreter and a translator; how the Illinois Supreme Court’s Language Access Policy establishes statewide standards for language access in the courts and how it will affect court procedure and your trial practice; how the new policy creates a framework for the certification of foreign language interpreters and establishes a registry for both sign language and foreign language interpreters; how the recently adopted Illinois Code of Interpreter Ethics defines the proper role of an interpreter and their scope of practice; the difference between consecutive and simultaneous interpretation and why this matters in court; how to use an interpreter more effectively during trials and depositions; how to find a good interpreter; how to prepare your client for using an interpreter; and much more!

The program takes place in Chicago on February 19, 2015; however, for those unable to attend the onsite, this program will also broadcast via live webcast.

Asked and Answered

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

Q. I came across your firm while researching law partnerships. The short story is as follows: I am a sole practitioner and have been practicing for over 35 years. I have a high volume practice and employ 7-8 people. Business is good and actually on the rise. I have a great office manager and outstanding loyal staff. The practice is on semi-autopilot for me. I have a young associate lawyer in my office that shares space and is learning my practice but actually seems to be making his own way in a different practice area. He wants to buy into my practice.

The Illinois State Bar Association Standing Committee on Delivery of Legal Services is seeking nominations for the ISBA Joseph R. Bartylak Memorial Legal Services Award which honors the extraordinary commitment and dedication of a civil legal services attorney who has provided the highest caliber of compassionate legal representation and outstanding service to Illinois’ vulnerable and low-income population.

Nominations must be received by Friday, March 6, 2015. For more information on this award and how to nominate an individual, please visit the Joseph R. Bartylak homepage.

The Illinois State Bar Association’s Standing Committee on Delivery of Legal Services is also seeking nominations for the ISBA John C. McAndrews Pro Bono Service Award.

The ISBA has established the John C. McAndrews Award to honor the extraordinary commitment of individuals, bar associations, or law firm/corporate legal departments to providing free legal services to the income eligible in Illinois or expanding the availability of legal services to the income eligible in Illinois.

Nominations due by Feb. 2!

By Umberto S. Davi, ISBA President-Elect

Looking for a chance to lead? To grow? To make a difference in the Illinois State Bar Association and the legal profession? Then consider nominating yourself for one of our many section councils and committees for 2015-16.

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that the Fourth Judicial Circuit judges voted to select Kevin S. Parker as associate judge of the Fourth Judicial Circuit.

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Ferris, Thompson & Zweig, Ltd. v. Esposito, Williams v. BNSF Railway Company, Lutkauskas v. Ricker and Grand Chapter, Order of the Eastern Star of the State of Illinois v. Topinka and the criminal cases People v. Simpson, People v. Chenoweth and People v. Taylor.

CIVIL

Ferris, Thompson and Zweig, Ltd. v. Esposito

By Alyssa M. Reiter, Williams, Montgomery & John Ltd.

This case involves the question of subject matter jurisdiction as between the Workers’ Compensation Commission and the circuit court.  The Court held that an attorney fee dispute based upon referral agreements wherein the plaintiff referred workers’ compensation claims to the defendant fell within the circuit court’s jurisdiction.

Plaintiff sued defendant in circuit court, asserting that, pursuant to written agreements, plaintiff agreed to act as co-counsel in representing two women who had workers’ compensation claims.  After the cases settled, defendant refused to pay plaintiff its share of fees. 

What can the professional sports industry teach us about ethics and racial discrimination? During the 2013-14 season, the sports industry dealt with a number of controversial issues that impacted members of diverse communities – from the disparaging remarks made by the L.A. Clippers owner, to the locker room harassment experienced by several members of the Miami Dolphins, to the anger over the derogatory name of the Washington Redskins – to name a few. Join us via the Internet on Wednesday, February 18, 2015 for this one-hour live webcast that uses the legal issues surrounding these events as a springboard for discussion on First Amendment rights, workplace discrimination, the private ordering of an entity and its power to remove stakeholders or managers, employee harassment, and much more!

The seminar is presented by the ISBA Standing Committee on Racial and Ethnic Minorities and qualifies for 1.0 hour MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

Indulge your wanderlust in 2016 with ISBA 2015-2016 President and First Lady, Umberto and Jan Davi in Sicily, Italy from April 22-30, 2016. Take in the stunning cities of Palermo and Taormina where Sicily is waiting for you. Yes, you. Keep this in mind:

Sharing the ISBA travel experience with family and friends is one way to spread the wealth. Make your plans for the 2016 trip with them now.

We will delight in an exclusive wine tasting and tour of the Principi di Carleone Winery, enjoy dinner at the exquisite Art Nouveau style Grand Hotel Et Des Palmes in Palermo, savor the splendid views of the Sicilian countryside and explore the charming coastal town of Taormina from the San Domenico Palace Hotel, plus so much more. The hotels selected are among the finest and, most importantly, occupy enviable addresses.

In July 2014, candidate Bruce Rauner proposed expanding Illinois' sales tax to selected businesses and occupations that provide services. Legal services are among those Rauner named in his proposal, which exempts accountants, financial advisors, and other professionals. The Illinois State Bar Association objects to a service tax on legal services because, among other reasons, it is a regressive tax ultimately paid by those who purchase legal services, not the attorney. Find out more in the February Illinois Bar Journal.