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

Asked and Answered

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

Q. I am a founding partner in a 17 attorney firm with nine partners and eight associates located in Chicago's west suburbs. We represent business firms and other institutional clients. I am the primary rainmaker in the firm. I am 60 and am planning on retiring when I am 65. My concern is how to effectively transition clients. I would appreciate your thoughts.

The Circuit Court of Cook County’s Executive Committee today ordered the reassignment of Judge Beatriz Santiago from her current assignment after the Judicial Inquiry Board (JIB) filed a complaint against her on February 6, 2015, with the Illinois Courts Commission.

The ethical issues government attorneys encounter differ from those faced by private practitioners. Join us in Springfield on March 6, 2015 for a lively program that’s comprised of skits, scenarios, and group discussions, allowing participants to gather invaluable information on identifying potential ethical dilemmas and applying the Rules of Professional Conduct in a fun and interesting way. Government attorneys with basic to intermediate practice experience will benefit from the ethical information presented throughout this seminar.

The seminar is presented by ISBA’s Standing Committee on Government Lawyers and qualifies for 4.0 hours MCLE credit, including 4.0 hours Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

Join ISBA members for a group admission to the Supreme Court of the United States on Monday, June 8, 2015 in Washington D.C.

Only 50 spots are available so sign up now for the ISBA's biennial trip to the U.S. Supreme Court! A special group hotel room rate is available at the Willard Intercontinental Hotel for the admittee, family and guests.

To be eligible, you must be an active lawyer member of the ISBA, admitted to practice more than 3 years, and not have any adverse disciplinary action pronounced or in effect during that 3-year period.

As part of its continuing effort to promote public confidence in the administration of justice, the Illinois Supreme Court has announced that a client whose case is not completed due to the death or disability of his or her attorney, and who has made reasonable efforts to pursue civil remedies, is now eligible to apply for reimbursement of unearned fees paid to the attorney.

When adopted in 1994, Supreme Court Rule 780 created a Client Protection Program (CPP) Trust Fund to reimburse certain losses incurred by clients of Illinois lawyers. The rule was created to provide a mechanism for a client to obtain reimbursement if the attorney engaged in dishonest conduct causing the client financial loss. The fund is administered by the Illinois Attorney and Registration Commission (ARDC).

According to Supreme Court Chief Justice Rita B. Garman, “The Court recognizes that a client may also incur such a loss when the attorney dies or becomes disabled during the representation. By amending this rule, we signal to the public that we are equally concerned about the client who suffers a financial loss due to events outside the attorney’s control, such as death or disability.”

The amendment is effective immediately. Claimants may apply for reimbursement through the CPP. More information on submitting a claim is available at: https://www.iardc.org/clientprotection.html.

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