Q.  My client recently informed me that he is hiring a different attorney. Do I have an obligation to return my files to him?

A.  Rule 1.16(d), concerning “Declining or Terminating Representation,” states that a lawyer must take reasonable steps to avoid any unforeseeable prejudice to a client. This includes delivering to the client all papers and property to which the client is entitled.  In addition, ISBA Professional Conduct Advisory Opinions 94-13 and 94-14 discuss what papers a client is entitled to and who pays the expense for copies of files.  Comment [9] to Rule 1.15 provides that “the lawyer may retain papers as security for a fee only to the extent permitted by law.”  The applicability and effectiveness of Illinois’ common law retaining lien is discussed in In re Liquidation of Mile Square Health Plan of Illinois, 218 Ill.App.3d 674, 578 N.E.2d 1075 (1^st Dist. 1991). 

ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics

Illinois Lt. Gov. Sheila Simon will make a guest appearance at the IBF’s Lawyers Rock Legends on Thursday, February 27, 2014. Lt. Gov. Simon will perform with the 5-thirty band; which consists of lawyers John Locallo, Carlos Vera, and Thomas Battista among other talented musicians. Lawyers Rock Legends is the IBF’s second largest fundraiser of the year. Proceeds from this event go towards helping lawyers in need and ensuring access to justice. Tickets for the event are still available. Doors open at 6:30 pm.

Learn more and register at www.illinoisbarfoundation.org or by calling the Illinois Bar Foundation at 312.726.6072.

Proceeds from this event benefit the charitable programs of the IBF.

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the civil cases Bartlow v. Costigan and Evanston Insurance Company v. Riseborough and the criminal cases People v. Cregan and People v. Tousignant.

CIVIL

Bartlow v. Costigan

By Michael T. Reagan, Law Offices of Michael T. Reagan, Ottawa

The Employee Classification Act (820 ILCS 185/1) was enacted to “address the practice of misclassifying employees as independent contractors” in the construction industry.  The Act broadly defines “performing services” for a construction contractor, and then states that an individual performing such services is “deemed to be an employee of the employer.” 

Sites like Avvo that rate lawyers and encourage consumer reviews are evoking reaction positive and negative in the legal community. And they raise ethical challenges, some familiar and some new to the medium. Read all about it in the March Illinois Bar Journal.

Joan C. Williams, a law professor and prolific author on work and family issues, will be the keynote speaker at a “Celebration of Women in the Profession” luncheon hosted by the Illinois State Bar Association on Thursday, March 13, at the Union League Club, 65 W. Jackson, Chicago.

Are you interested in sharpening your trial skills from different perspective, improving the public image of attorneys in Illinois, performing an important public service, evaluating a group of talented and hard-working students in a state-wide competition or just doing something different on the weekend?

If so, this year’s ISBA High School Mock Trial Invitational is for you!  It will take place on Saturday and Sunday, March 8^th and 9^th, 2014, at the University of Illinois School of Law in Champaign, Illinois.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers UM/UIM arbitration (House Bill 5575), Probate Act and child's award (Senate Bill 2904), Health Care Services Lien Act (House Bill 5656), Mechanics Lien Act (House Bill 5663), Ticket quotas prohibited (Senate Bill 3411), Presumptions in IMDMA (House Bill 5425) and Regulation of loans to litigants (Senate Bill 3169). More information on each bill is available below the video.

The Illinois State Bar Association Standing Committee on Delivery of Legal Services (DLS) is seeking nominations for the ISBA Joseph R. Bartylak Memorial Legal Services Award which honors the extraordinary commitment and dedication of a civil legal services attorney who has provided the highest caliber of compassionate legal representation and outstanding service to Illinois’ vulnerable and low-income population.

For more information on this award and how to nominate an individual, please visit the Joseph R. Bartylak homepage: http://www.isba.org/awards/bartylak. 

JOHN C. McANDREWS PRO BONO SERVICE AWARD

The Illinois State Bar Association’s Standing Committee on DLS is also seeking nominations for the ISBA John C. McAndrews Pro Bono Service Award honoring the extraordinary commitment of individuals, bar associations, or law firm/corporate legal departments to providing free legal services to the income eligible in Illinois or expanding the availability of legal services to the income eligible in Illinois.

For more information, please visit the John C. McAndrews homepage:http://www.isba.org/awards/mcandrews

All nominations must be received by Friday, March 7, 2014 for consideration.

Q. I want to send an email announcement of my new office address to all the businesses in my community. Do I need to include the words “Advertising Material” on the email?

A. Rule 7.3, governing “Direct Contact with Prospective Clients,” includes a requirement to include the words “Advertising Material” on envelopes or recorded or electronic communications soliciting professional employment from a prospective client known to be in need of legal services in a particular matter. Comment [7] to that Rule provides that “General announcements by lawyers, including changes in personnel or office location, do not constitute communications soliciting professional employment from a client known to be in need of legal services within the meaning of this Rule.” See also ISBA Professional Conduct Advisory Opinion 12-04.

ISBA members can browse past ISBA Ethics Opinions at www.isba.org/ethics

Asked and Answered

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

Q. We are a 16-attorney insurance defense firm in Central Illinois. We have 8 partners and 8 associates. We are in second generation, have inherited our existing clients from the original founders, and currently have no rainmakers. We need to bring some rainmakers into our partner ranks and have been discussing the possibility of merger. I would appreciate your thoughts.