Asked and Answered

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

Q. We are a three attorney personal injury plaintiff firm located in Los Angeles. We started the firm 15 years ago. Two of the three attorneys are equity owners. Our firm is a high volume/low case value practice - we currently have 500 open cases. A high percentage of our cases are settled without a law suit ever being filed. We are an advertising driven practice. While over the years we have effectively used a variety of advertising vehicles, we have never ventured into TV advertising. We are considering venturing into TV and would appreciate your thoughts regarding TV advertising.

Illinois Supreme Court Chief Justice Rita B. Garman announced Monday the appointment of longtime Associate Judge Timothy J. Steadman to Resident Circuit Judge of Macon County in the Sixth Judicial Circuit.

The Illinois State Bar Association, Illinois Bar Foundation, Illinois Judges Association and Women’s Bar Association of Illinois are teaming up for four times the fun at Chicago Volunteer Legal Services (CVLS) 20th annual Race Judicata Sprint for Justice 5K Run/Walk. This fundraising event takes place on Sept. 4 in Chicago’s Grant Park.

T-shirts will be provided for team members. All proceeds from Race Judicata go to the general operating costs of CVLS, which works to provide legal services to the poor and working poor of Chicago. The four organizations will host a tent that will serve as the main gathering point for ISBA, IBF, IJA and WBAI members. Food and water will be available at the tent. The entry fee is $34 through August 22nd. Register under the team name WBAI/ IJA/ ISBA/ IBF at http://www.cvls.org/judicata

The Illinois Bar Foundation (IBF), the charitable arm of the Illinois State Bar Association, has awarded its inaugural Post Graduate Legal Fellowship Program grants to three 2014 law school graduates.

Post graduate legal fellowships were awarded this summer to Alexis Simmons, Northern Illinois University College of Law; Juan Mejia, University of Illinois College of Law; and Emily Vaughan, Loyola University Chicago School of Law. The fellowships will provide clinical support for three law school legal clinics.

The foundation launched its Post Graduate Legal Fellowship Program to fund public interest jobs for recent law graduates, according to James Lestikow, IBF president. The foundation will award $25,000 to each of the three fellowships. The law schools will each contribute a stipend to help fund the positions.

“There is a growing need for more public interest lawyers to serve the underrepresented members of our community,” said David M. Anderson, IBF executive director. “The fellowship program was created to provide on-the-job training for new lawyers while simultaneously helping to fill the gap in legal aid services. We are extremely pleased to partner with these three top law schools on this inaugural fellowship program.”

The Illinois Judges Foundation with host a Summer Reception from 5:30-7:30 p.m. on Tuesday, July 29 at Philip H. Corboy Hall, 321 S. Plymouth Court, Chicago. Special guests include Illinois Supreme Court Chief Justice Rita Garman, Chief Judge for the U.S. District Court for the Northern District of Illinois Ruben Castillo and Cook County Circuit Court Chief Judge Timothy Evans.

Tickets are $100 a person and may be purchased at www.ijafoundation.org or by calling Christine Athanasoulis at (708) 705-4355. Questions my be directed to Kevin Fagan at ijf@chicagobar.org or Christine Athanasoulis at (708) 705-4355.

Proceeds from this event will support the charitable and educational programs of the Illinois Judges Association, the Harold Sullivan Scholarship and other charitable initiatives.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers the rewrite of the Illinois Marriage and Dissolution of Marriage Act (House Bill 1452). More information on the bill is available below the video.

House Bill 1452, rewrite of the Illinois Marriage and Dissolution of Marriage Act. (http://www.ilga.gov/legislation/98/HB/PDF/09800HB1452sam001.pdf)

Modification.  The general rule is that a motion to modify an order allocating parental responsibilities may not be made within two years of the order’s entry. There are three exceptions to this general rule.

(1) A court is required to modify a parenting plan or allocation judgment if necessary to serve the child’s best interests if the court finds, by a preponderance of the evidence that:

Illinois Supreme Court Justice Mary Jane Theis announced on Thursday an application process for vacancies in the Fourth and Seventh Judicial Subcircuits of Cook County.

The Fourth Judicial Subcircuit vacancy was created by the retirement of Judge William J. Kunkle on July 2. Judge Kunkle had been a Circuit judge in Cook County since 2004.

The Seventh Judicial Subcircuit vacancy was created by the death of Judge Anthony L. Burrell on May 14. Judge Burrell had been a Circuit judge in Cook County since 2002.

Need to refer a potential client to someone? Can't remember the name of a member you met at an ISBA event? Want other members to be able to find you?

Use the new online Member Directory to find other members (and let other members find you.) Search by first/last name, city, county, zip, ISBA section membership, District, Circuit, practice area, and languages spoken. You can also add members to your contact list.

In some high profile cases nationwide, jurors have used social media while they're impaneled and been punished by the court. In other cases, judges have resorted to draconian measures to prevent the practice from happening in the first place.

But a recent study by two Chicago judges and an associate at a large Chicago law firm suggests that such punitive measures are unnecessary. Of the nearly 600 jurors they surveyed, most said they were not tempted to use social media. And those few who were tempted said they understood and respected the judge's instructions not to communicate about the case by any means.

The study, spearheaded by U.S. District Judge Amy St. Eve, who sits in the Northern District of Illinois, was conducted over three years by surveying jurors who heard civil and criminal cases in St. Eve's courtroom and those who heard criminal cases in the Chicago criminal courthouse before Cook County Circuit Judge Charles P. Burns, another study co-author. Michael A. Zuckerman, formerly a clerk for St. Eve and now an associate at Jones Day in Chicago, also participated in drafting the study's findings. Find out more in the July Illinois Bar Journal.

Q. Do my duties of confidentiality to former clients continue even after I leave my firm?

A. Comment 7 to IRPC 1.9 states that a lawyer changing professional association has a continuing duty to preserve confidentiality of information about a client formerly represented. However, this duty may not preclude a lawyer from using generally known information about that client. (IRPC 1.9, comment [8]). Comment [9] to the rule also allows for the provisions of 1.9 to be waived if the client gives informed consent. For a full understanding, please see IRPC 1.9.

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.