Asked and Answered

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

Q. I am a partner in a nine-attorney firm in Topeka, Kansas. There are three active partners in the firm. For years, day to day management has been the responsibility of a managing partner that we appoint from time to time. We have just hired our first firm administrator, who is experienced and has worked in other law firms. Should we continue to have a managing partner or consider a different structure?

The Illinois Department of Revenue’s web portal for business incentives reporting is now up and available for use.

Please see the attached bulletin from the Illinois Department of Revenue regarding important changes to the reporting requirements.

Public Act 98-0109 made changes to the business incentives reporting requirements originally outlined in Public Act 97-905.

• Holders of sales tax exemption certificates from IDOR issued for the period beginning July 1, 2013, must file a report.
• Enterprise Zone and River Edge Redevelopment Zone administrators no longer are required to file reports.
• The deadline to file reports for all of those required to do so has been changed to May 31(previously the end of March).

More detailed information is available at IDOR’s web site, tax.illinois.gov. and clicking on “Business Incentives” on the left side of the page.

Don’t miss this opportunity to update your knowledge on the ins-and-outs of a bankruptcy case!

Join us in Chicago on April 11^th for this comprehensive look at bankruptcy procedure – from the different types of bankruptcy and the necessary steps to take when your debtor files for bankruptcy, to modifying an automatic stay and filing a proof of claim. Attorneys working in the commercial litigation, banking, collections and/or bankruptcy areas with basic practice experience who attend this full-day seminar will better understand: how to conduct the initial client interview, including the appropriate consultation questions and the required client disclosures; the statutory deadlines and requirements when representing a client during an adversary proceeding; the purpose and goal of a 341 meeting; the role of the Chapter 7 trustee in asset and no-asset cases; how to maximize your client’s recovery when representing a creditor in a bankruptcy; the common problems that can arise during a bankruptcy case and how to avoid them; and much more!

The program is presented by the ISBA Commercial Banking, Collections and Bankruptcy Section and qualifies for 6.0 hours MCLE credit.

Click here for more information and to register.

All members with their dues paid by March 1, 2014 are eligible to vote for contested races in their area.  All eligible voting members may vote for Third Vice President; members with voting addresses in Cook County may also vote for Board of Governors, Under Age 37 Cook County.  

Ballots were distributed Friday, March 28, 2014
ISBA's election provider VR Election Services (VRES) emailed e-ballots to members with valid email addresses and mailed paper ballots to members without valid email addresses on Friday, March 28, 2014.  

If you have not received your e-ballot, please check your email spam folder under the suffix "vres.us”.  If your e-ballot is not in your spam folder, or if you received an electronic ballot and want to vote by paper ballot, please contact VRES at (800) 218-4026 or custserv@vres.us. The last day to request a paper ballot is Tuesday, April 15.

Voting ends at 4:30 p.m. CT Wednesday, April 30th.  Paper ballots must be received at VR Election Services in Texas by 4:30 p.m. CT on Wednesday, April 30 in order to be counted.
 
Election results will be provided by the Tellers of the Election no later than May 10, 2014.  
 
Sincerely,
     
Robert E. Craghead
Executive Director

Circuit Court of Cook County Chief Judge Timothy C. Evans and the Nominating Committee of the Circuit Court of Cook County today announced the names of the 26 candidates that they selected to appear on the ballot from which the circuit judges will vote to fill 13 associate judge vacancies.

Proposed legislation would revise the HCPOA form to make it easier to understand and help principals better communicate their wishes about end-of-life treatment. Find out more in the April Illinois Bar Journal.

ISBA President Paula H. Holderman interviews ISBA Past President and current Chair of ISBA Mutual John G. O'Brien about the company's history and activities to celebrate its 25th anniversary year.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Parenting time (House Bill 5425), Parenting time (House Bill 1452), Constitutional amendment and victims’ rights. (HJRCA 1), Workers’ Compensation Act (Senate Bill 3287) and Sale of distressed condominium units (Senate Bill 2664). More information on each bill is available below the video.

Q. While acting as a mediator, I know that a lawyer appearing before me has committed acts of misrepresentation. Do I have to report that misconduct?

A. Illinois Rule of Professional Conduct 8.3(a) states that “(a) lawyer who knows that another lawyer has committed a violation of Rule 8.4(b) or Rule 8.4(c) shall inform the appropriate professional authority.”  Rule 8.4(c) makes engaging in misrepresentation a violation of the Rules. ISBA Advisory Opinion 11-01 further explores this issue and concludes that nothing about a mediator’s role, and particularly the absence of any attorney-client privilege between the mediator and any party, extinguishes a reporting obligation.

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.