When the Illinois Supreme Court in March struck down the state's eavesdropping law as overly broad and thus unconstitutional, lawmakers were under pressure to quickly draft a new law to protect the privacy interests of citizens whose conversations may now be recorded without their consent.

Just before the General Assembly recessed in May, the Senate passed a new eavesdropping law (HB 4283), but the House adjourned before taking action on a Senate amendment.

The definition of private conversation under the Senate's amendment of HB 4283 is any communication between two or more persons intended to be of a private nature under circumstances "reasonably justifying that expectation."

The Senate amendment, however, contains exemptions that allow police officers, with permission from prosecutors, to record conversations as part of felony criminal investigations without a judicial warrant. Baker and representatives from the American Civil Liberties Union object to those exemptions, and they are likely to be the subject of continued debate when the General Assembly reconvenes. Find out more on the July Illinois Bar Journal. The implications of not having an eavesdropping law in place are nicely summarized by John Roska of the Land of Lincoln Legal Assistance Foundation in the Champaign News-Gazette.
 

Law Technology News has launched a new Vendor Satisfaction Survey broken down by industry.  In the legal research survey, respondents ranked Fastcase No. 1 in customer satisfaction in 7 out of 10 categories, and a very close second in two out of the remaining three. Fastcase was the clear winner in “Price for Value,” with 87.5% rating Fastcase as Excellent (LexisNexis was a distant second at 14.3% and Westlaw at 12.7%). Remember, ISBA members receive Fastcase for free as part of their member benefits package.

“In the Likelihood to Recommend” category, 50% of respondents gave Fastcase the highest rating of “Very” (compared to 26.5% for LexisNexis and 20.4% for Westlaw).  

Fastcase also had the highest “Excellent” ratings for Products/services information in vendor literature, Ease of Installation, Customer service responsiveness, Ease of Integration into firm workflow, and Features and functions.

Westlaw ranked highest in one category, with 37.6% rating its availability of training as “Excellent” (narrowly edging Fastcase at 37.5%).  LexisNexis finished first in one category, Ease of integration with other technology, with 25.9% of respondents rating its products as “Excellent” (and narrowly edging Fastcase at 25.0%).

Q. Do I need to get my client’s informed consent to have another lawyer (not in my firm) attend a routine status conference because I’ve got a scheduling conflict?

A. RPC 1.2(e) provides that a lawyer can’t delegate to another lawyer not in that lawyer’s firm the responsibility for performing work for the client without the client’s informed consent. Comment [14] to that Rule clarifies that it is designed to prevent a lawyer from transferring “complete or substantial responsibility” of a matter to another lawyer.  The Comment goes on to say it is not intended to “prevent lawyers from engaging lawyers outside of their firm to stand in for discrete events in situations such as personal emergencies, illness, or schedule conflicts.” For further insight on the increasing use of “coverage attorneys” see this month’s Illinois Bar Journal.     

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Township government (Public Act 98-653), Workers’ Compensation Act (Public Act 98-633), UM/UIM insurance (House Bill 5575), Independent examination in mental health proceedings (Senate Bill 3532), Local Records Act (House Bill 5623) and Condominiums and common-interest communities (House Bill 5322). More information on each bill is available below the video.

The U.S. Court of Appeals for the Seventh Circuit, pursuant to 28 U.S.C. § 2071 proposes revisions of Circuit Rules 3, 10, 11, 22, 26.1, 28, 34, 45 and 46. Written comments on the proposed rule changes should be sent by August 1, 2014, to:

• Advisory Committee
• c/o Clerk of Court
• United States Court of Appeals for the Seventh Circuit
• 219 South Dearborn Street
• Chicago, Il 60604

Comments can also be made via e-mail at: USCA7_Clerk@ca7.uscourts.gov

Sergeant Joel Marquez, of the Downers Grove Police Department, received a 2014 Law Enforcement Award from the ISBA on Wednesday, June 18  during a ceremony at the DuPage County Administration Building Auditorium in Wheaton.

Sergeant Marquez was nominated by Robert J. Anderson, a circuit judge in the 18th Judicial Circuit Court. ISBA Second Vice President Vincent Cornelius presented the award.

The ISBA’s 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. It is given to recognize those who truly excel in the field of law enforcement. In addition to Sergeant Marquez, four other law enforcement officers from judicial districts throughout Illinois are being honored.

Sergeant Marquez was recognized for his exceptional work to educate his fellow law enforcement officers on the long-term impact that the crime of domestic violence has on families in DuPage County.

Asked and Answered

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

Q. Another attorney and I are planning on starting a law practice together. He has a larger book of business and 10 years more experience. Initially he will have a 60 percent ownership interest and I will have 40 percent. Compensation will be determined based upon these ownership percentages. How do you suggest we structure our decision-making and governance?

The Illinois Supreme Court announced on Monday an increase in the annual registration fee for attorneys practicing in Illinois. The increased funds will be directed to the regulatory body that disciplines attorneys and the Supreme Court Commission established to increase civility among lawyers.

Under amended Supreme Court Rule 756, the annual registration fee will increase from $342 to $382. That amounts to an increase of 11 cents per day for attorneys who are in active status for more than three years. The $40 increase will be remitted to the Attorney Registration and Disciplinary Commission (ARDC), which will receive $30; and the Commission on Professionalism, which will receive $10.

Richard D. Felice, a lawyer in private practice in Wheaton, was installed as president of the Illinois State Bar Association at the organization’s 138^th Annual Meeting on Friday, June 20 at the Grand Geneva Resort in Lake Geneva, Wis. View photo galleries from the Annual Reception and the Annual Installation Dinner.

During his year as president, Felice will place special emphasis on three projects. The first is the formation of a Task Force on the Impact of Law School Debt on the Future of the Profession to address the tremendous challenges facing new lawyers, including staggering law school debt and a stifling job market. The task force “will study in depth the concept of practice-ready new lawyers and consider constructive changes to law school curricula,” he said.  Second district appellate Justice Ann Jorgensen will chair the committee.

The second initiative is the formation of a Solo and Small Firm Practice Institute Series, offering educational programs to solo and small firm practitioners in five settings throughout the state. Working with other stakeholders in the practice of law, the institute will provide a variety of programming to help lawyers enhance their practices.