Q. Can a lawyer who is “of counsel” to a firm continue to have her name appear in the firm’s title? 

A. Illinois Rule of Professional Conduct 7.5 governs firm names and letterhead and generally provides that they cannot be false or misleading to the public. ISBA Professional Conduct Advisory Opinion 03-02 interprets RPC 7.5 as allowing the names of “of counsel” firm members to be in the firm title (but also provides that their official status must be identified on other firm communications, such as stationery, to avoid misleading the public). 

Asked and Answered

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

Q. I am a partner in a 12 attorney general business firm located in St. Louis. I was elected as managing partner earlier this year and have been a lawyer and with this firm for eight years. I also have a MBA degree and managed a small business before becoming a lawyer. Frankly, I have been amazed at how law firms conduct business and I would like to change our thinking and our culture. Do you have any thoughts?

A. Here are five tips that you might find useful:

Visit with general counsel of four leading Chicago construction firms. Hear firsthand what they expect from their attorneys. Find out from the clients who hire you how you can best serve them. Also, discover what they look for in construction attorneys to do work for their companies.

• When: Tuesday, March 10, 2015, 11:30 a.m.-1 p.m.
• Where: ISBA Chicago Office, 20 S. Clark, Suite 900
• Register: https://www.isba.org/sections/construction/generalcouncilforum

The Illinois Bar Foundation will honor Christine M. Ory and Joseph Mirabella, Jr. with the Beacon of the Profession Award on Feb. 26 at the DuPage County Fellows Reception. This event will be held from 5:30-7 p.m. at Maggiano's Little Italy in Naperville.

General tickets to the reception are $55 a piece. Preferred tickets at $100 are available, and include special recognition during the formal program. Sponsorships are also available.

Find out more and purchase tickets at www.illinoisbarfoundation.org/static.asp?path=4510

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that Thomas B. Cannady, received the majority of votes cast by the circuit judges in the Twentieth Judicial Circuit and is declared to be appointed to the office of associate judge.

Mr. Cannady received his undergraduate degree in 1978 from Southern Illinois University in Edwardsville and his Juris Doctor in 1984 from St. Louis University in St. Louis, Missouri. Mr. Cannady is currently affiliated with Cannady and AuBuchon in Belleville.

Listed below are the 283 candidates seeking one of six associate judge positions in the Circuit Court of Cook County. Anyone with relevant information regarding any associate judge candidate is invited to communicate by letter to the Circuit Court of Cook County Nominating Committee, c/o Chief Judge Timothy C. Evans, 50 West Washington Street, Room 2600, Richard J. Daley Center, Chicago, Illinois 60602.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers Forcible Entry and Detainer (House Bill 160), Premises Liability Act (House Bill 1441), Mortgage Foreclosure (Senate Bill 735), Public officers and multiple offices (House Bill 1434 ), Guardianship of minors (Senate Bill 786), Mental health confidentiality (Senate Bill 818) and Grandparents’ visitation (House Bill 1414). More information on each bill is available below the video.

Q.  I have reason to believe that another lawyer in my firm is filing a frivolous lawsuit. Do I have an obligation to do anything?

A. Rule 5.1(a) states that “a partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rule of Professional Conduct.” It might also be important to remember the words of Abraham Lincoln when his law partner filed a plea that was not factually accurate: “Hadn’t we better withdraw that plea? You know it’s a sham, and a sham is very often but another name for a lie. Don’t let it go on record. The cursed thing may come staring us in the face long after the suit has been forgotten.”

Have you ever had a prospective client present a case with great facts that really yearns for justice and looks like a winner? The client can pay a small amount each month but can't pay by the hour. Should you take it?

The answer might well be "yes." More than 200 federal actions provide attorney fee-shifting for clients who prevail in court. Illinois adds scores more. These statutes also provide great bargaining leverage to recover fees in settlement. They enable you to take cases at reduced fees or no upfront fees at all.

Andy Norman's article in the February Illinois Bar Journal gives an overview of the fee-recovery process in these cases from beginning (the client engagement letter) to end (the hearing on fees). Read it and find out more. And check out the 2014 edition of ISBA's Guide to Illinois Statutes for Attorneys' Fees, which lists all provisions in the Illinois Compiled Statutes that authorize the court to order one party to pay the attorneys' fees of another.

The Law Enforcement Award was created to recognize sworn law enforcement officers for conduct that promotes justice and to distinguish those individuals whose service to the public brings honor and respect to the entire criminal justice system. The award is given sparingly to recognize those who truly excel in the field of law enforcement. Nominations must be received by Wednesday, February 18, 2015.

Find out more and download the nomination form at www.isba.org/awards/lawenforcement