ISBA President Paula H. Holderman interviews Joe Hudson, Assistant State's Attorney with the Cook County State's Attorney's Office, about his extensive work on a non-traditional UPL case. That work won him an ISBA Presidential Commendation Award.
Winnebago County attorneys Joseph Dailing, Bobbie Holzwarth and Nancy Hyzer will be honored by the Fellows of the Illinois Bar Foundation at a reception on Wednesday, May 28 from 5 to 7 p.m. at Prairie Street Brewhouse, 200 Prairie St., in Rockford.
The extraordinary attorneys are being honored for their professionalism and commitment to assist the legal profession in serving the public. The mission of the Illinois Bar Foundation is to ensure meaningful access to the justice system, especially for those with limited means, and to assist lawyers who have fallen upon hard times.
Individual tickets are $40 per person. For more information or to purchase tickets, call (312) 726-6072. The Illinois Bar Foundation is located at 20 S. Clark St., Suite 910, Chicago, IL 60603. Information also is available at www.illinoisbarfoundation.org.
The Illinois Supreme Court will be taking to the road next week, hearing two oral arguments in the historic courthouse in Ottawa.
It is part of the Court's and Chief Justice Rita B. Garman's initiative "to bring the Court to the people we serve" and its continuing goal for transparency in the judicial process.
The Supreme Court will hear arguments beginning at 11 a.m. on Wednesday, May 21, 2014 in the Third District Appellate Courthouse, 1004 Columbus Street, Ottawa, Ill. The Appellate Court building was originally built, and completed in 1860, to house the Illinois Supreme Court when it traveled to three locations—Ottawa, Mount Vernon and Springfield.
The May 21 program reaches out to area teachers, schools and students. In addition to the Supreme Court, the program is sponsored by the Illinois State Bar Association, the Supreme Court Historic Preservation Commission, the Administrative Office of the Illinois Courts and the Third District Appellate Court.
Teachers and students from LaSalle-Peru High School, Ottawa High School and Marquette Academy in Ottawa will be participating in the program either by attending the arguments live, or witnessing them live-streamed on the Internet via https://new.livestream.com/blueroomstream/events/2939315.
The Administrative Office also will record and post the video of the arguments to the Court’s website at http://www.illinoiscourts.gov/.
The public is invited, though seating will be limited in the courtroom and in an adjoining room where the arguments can be viewed and heard on a monitor. Those wishing to attend are asked to arrive by 10:30 a.m.
Q. I committed legal malpractice in a small dollar case. Can I settle my client’s claim against me directly with the client?
A. Comment [15] to Rule 1.8 explains that such settlement agreements are not prohibited. However, Rule 1.8(h)(2) expressly provides that a lawyer cannot settle a malpractice claim (or potential claim) by a former or unrepresented client unless the client is advised in writing of the desirability of seeking the advice of independent legal counsel and is given a reasonable opportunity to do so.
ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.
[Disclaimer. These questions are representative of calls received on the ISBA’s ethics hotline. The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed. The information provided isn’t legal advice. Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]
The Illinois Supreme Court's recent invalidation of the Illinois eavesdropping statute will affect lawyers in every practice area. But imagine the impact on family law, where surreptitious recordings of damaging revelations have, shall we say, been known to surface.
The ruling means that "in general, we do not need to worry about breaking the law every time a client comes into our office with a recording," writes Matthew A. Kirsh in the latest ISBA Family Law newsletter. "Once the lawyer establishes that the recording is of a conversation that did not have an expectation of privacy, the lawyer should feel confident that listening to the recording is not illegal."
Kirsh points out other byproducts of the ruling that will both simplify and complicate things for divorce lawyers. Read his article and find out more.
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. I am the solo owner of a six attorney insurance defense firm in Phoenix. The other five attorneys are associates - most of whom have been with me three years or less and had limited experience prior to joining my firm. I am 47 and am looking to start to wind down within five years and be totally out of the practice in 10 years when I am 57. I want to start thinking about my succession strategy early so I have time to execute it properly. I would appreciate your suggestions.
The office of Circuit Court of Cook County Chief Judge Timothy C. Evans is now accepting applications from qualified individuals to serve as superintendent/executive director of the Cook County Juvenile Temporary Detention Center (JTDC).
The search for a superintendent/executive director is a major component of Chief Judge Evans’s preparations for an orderly transition of the JTDC from a federal court appointed administrator to his office.
The job posting will be available online at various websites, including the court’s web site, www.cookcountycourt.org. Applications will be accepted from May 13, 2014, to June 13, 2014.
Hon. Russell W. Hartigan, of Western Springs, a judge in the Circuit Court of Cook County, has been elected third vice president of the Illinois State Bar Association. He will serve a one-year term in each of the three vice presidential offices and become president of the 32,000-member organization in June 2017.
Judge Hartigan, who will be the first sitting judge in at least 40 years to become ISBA president, previously served 12 years on the ISBA Board of Governors and held positions of board secretary and treasurer. An ISBA member since 1976, he served on its 203-member Assembly for nine years and has been active on numerous committees. He is active on the ISBA Civil Practice Committee where he speaks on and writes about topics in civil law. A Fellow and board member for 10 years of the Illinois Bar Foundation, he is a member of its Lawyers Care Fund.
Appointed to the bench by the Illinois Supreme Court in October 2010, Judge Hartigan was elected to a six-year term in March 2012 and currently serves in the Fifth Municipal District in Bridgeview. He was a founding partner in the Chicago law firm of Hartigan & O’Connor, P.C., which concentrates in civil litigation, municipal, personal injury and real estate. He is an elected member of the American Board of Trial Advocates, which requires a minimum of 30 trials for acceptance.
Do you work with start-up companies and need a basic understanding of the various intellectual property issues that can arise? Then don’t miss this online seminar on May 27th that will help you: understand the trademark and copyright problems your client may encounter with branding; learn how to protect your client’s branding once established; familiarize your practice with patents, including what they protect, timing, and strategies to prevent inadvertent loss of patent rights before filing the application; understand trade secrets and the importance of non-disclosure and confidentiality agreements; recognize intellectual property issues relating to technology, including open source code and the cloud; establish a proactive approach toward intellectual property ownership between cofounders, employees, and vendors; understand business names, domain names, promotional issues, and website content concerns.
The program qualifies for 1.5 hours MCLE credit and is presented by the ISBA Business Advice and Financial Planning Section and co-sponsored by the ISBA Intellectual Property Section.
