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.

Choosing the right clients and managing their expectations may be the two most important jobs for any family law practitioner, veteran Kane County matrimonial lawyer Rory Weiler says. Find out more in the May Illinois Bar Journal.

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.

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?

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 President Paula H. Holderman speaks with ABA Past President Laurel Bellows on the importance of court funding.

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.

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.

Asked and Answered

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

Q. I am an associate in a law firm in Akron, Ohio. The firm is an estate planning practice consisting of the owner/founder of the firm, myself, and two legal assistants. I have been with the firm for ten years and this is the only firm that I have worked with since law school. The owner is 67 and has announced that he wishes to retire. He has approached me and provided me with a proposal to buy his practice via an arrangement where I would initially pay him a down payment of 50% of his asking price and after two years the other 50% would be paid over a period of five years. The arrangement would be structured as a partnership and for the two year period we would be 50-50 partners. Compensation would be based upon these ownership percentages. The owner's asking price is two times his average net earnings ($125,000) - $250,000. Average revenues - $210,000. I would appreciate your thoughts and suggestions.