CLE: Civil Practice and Procedure Update – 2014

Posted on April 25, 2014 by Chris Bonjean

Update your civil practice knowledge with this top-rated, full-day seminar in Springfield on May 2nd that addresses all phases of the trial—from setting the proper foundation and successfully prosecuting/defending a case, to developing a powerful and effective closing argument! Topics include: filing the lawsuit; pleadings; good faith settlement of claims; motions to dismiss; discovery; requests to admit; Supreme Court Rule 213; motions in limine; closing arguments; post-trial motions; and obtaining circuit court and appellate review of administrative decisions. A discussion on temporary restraining orders and injunctive relief is also included.

The program is presented by the ISBA Civil Practice & Procedure Section and qualifies for 5.5 hours MCLE credit, including 1.0 hour Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

ISBA Statehouse Review for the week of April 24, 2014

Posted on April 24, 2014 by Chris Bonjean

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers The Residential Real Property Disclosure Act (Senate Bill 2597), Common Interest Community Association Act (Senate Bill 3057), Condominium Property Act (Senate Bill 2892), Driving on suspended license (Senate Bill 3547) and Transfer on Death Instrument (TODI) Cleanup (Senate Bill 2656). More information on each bill is available below.

Ethics Question of the Week: Can I participate in an Ask A Lawyer Day event?

Posted on April 23, 2014 by Chris Bonjean

Q. Can I participate in a one day non-profit organization sponsored “ask a lawyer” type event?

A. Illinois Rule of Professional Conduct 6.5 allows lawyers to for participate in certain programs under the auspices of a nonprofit organization or court.  Comment [1] to that rule elaborates further by stating that when participating in a program such as a “legal advice hotline” or “pro se counseling program,” “a client-lawyer relationship is established, but there is no expectation that the lawyer’s representation of the client will continue beyond the limited consultation.”  For more information about these events, consult Rule 6.5.

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

CLE: Tips of the Trade: A Federal Civil Practice Seminar – 2014

Posted on April 23, 2014 by Chris Bonjean

Back by popular demand! Join us in Chicago on May 7 for this unique opportunity to hear tips on all aspects of federal civil practice directly from more than 20 federal judges on topics ranging from the initial pleading through post-trial motions. Attorneys with all levels of experience practicing in the U.S. District Court for the Northern District of Illinois who attend this seminar will gain a better understanding of: Federal court pleadings and the issues that confront a lawyer practicing in federal court; discovery practice, including the Federal Rules of Civil Procedure and the Local Rules of the Northern District; post-discovery issues, such as summary judgment and final pre-trial orders; settlement conferences and the procedures for a successful mediation; trial practice and advocacy, including use of technology; and an attorney’s ethical and civility obligations.

The program is presented by the ISBA Federal Civil Practice Section and co-sponsored by the Seventh Circuit Bar Association. It qualifies for 6.0 hours MCLE credit, including 2.0 hours Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

Best Practice: Profit is up - why is partner compensation down?

Posted on April 23, 2014 by Chris Bonjean

Asked and Answered

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

Q. We are a 7 attorney firm in Evansville, Indiana - four partners and three associates. I am one of the partners in the firm. Each month we are provided with a profit and loss statement, a billable hours report, fees received reports broken down by lawyer, and accounts receivable reports by lawyer. In 2014 our fee collections are up significantly over 2013 - our expenses are lower – profit is up - yet the money is not there for partner draws and we are having to draw less than we did in 2013? What do you think is happening?

ISBA Mutual holds Board election

Posted on April 22, 2014 by Chris Bonjean

During its Annual Meeting on April 18 at its Chicago headquarters, ISBA Mutual Insurance Company re-elected several board members to another three-year term. They are Jack Carey, David A. Decker, James J. DeSanto, Robert K. Downs, Christopher Mullen and John E. Thies.

The board also announced its newest member, Paula H. Holderman, president of the Illinois State Bar Association, who was elected to a three-year term.

In remarks at the meeting, Jon DeMoss, president and CEO of ISBA Mutual Insurance Company, stated that “the company has retained our “A” Excellent Rating from A.M. Best Rating Company and that the Board of Directors declared a 10 percent policyholder dividend for 2013 equaling $1.7 million.” The company has returned a total of $14.7 million to policyholders since 2000.

ISBA leaders participate in ABA Days

Posted on April 17, 2014 by Chris Bonjean

ISBA President-Elect Richard D. Felice (from left), ISBA President Paula H. Holderman, Rep. Mike Quigley, past ABA President Laurel Bellows, Illinois Supreme Court Justice Thomas Kilbride and CBF legislative director Jessica Bednarz at an April 9, 2014 dinner honoring Rep. Quigley in Washington, D.C. As part of ABA Days, the Illinois delegation lobbied on Capitol Hill for increased funding for the Legal Services Corporation and against tax reform bill that would negatively impact lawyers and other professional service providers.

Lawyers who reveal personal client info shielded by litigation privilege

Posted on April 16, 2014 by Mark S. Mathewson

Suppose opposing counsel inadvertently reveals your client's social security number in a pending lawsuit despite your request under applicable rules that he not do so. Can you sue for, say, invasion of privacy and negligent infliction of emotional distress?

You can't, George Bellas reports in the latest issue of Trial Briefs, newsletter of the ISBA Civil Practice and Procedure section. "The recent case of Johnson v. Johnson and Bell, Ltd., 2014 IL App (1st) 122677 (February 24, 2014), considered this issue and ruled that the litigation privilege precluded any liability," Bellas wrote. The court reasoned that "attorneys enjoy immunity from defamation actions arising out of a judicial proceeding," relying on Restatement (Second) of Torts § 586. Find out more.