People v. Bailey

By Kerry J. Bryson, Office of the State Appellate Defender

In a unanimous decision, the Court reviewed the revestment doctrine. Since its first application in a criminal case in 1983 (in People v. Kaeding, 98 Ill. 2d 237), the revestment doctrine has always provided that a circuit court may be revested with jurisdiction over an untimely post-judgment motion where there is (1) active participation by the parties, (2) without objection, (3) in proceedings inconsistent with the merits of the earlier judgment. At issue was the meaning of the last element, "proceedings inconsistent with the merits of the earlier judgment." The Court clarified that the last element is met only in those circumstances where both parties assert positions that support setting aside at least part of the judgment. A failure to object on the basis of timeliness is not sufficient to revest the court with jurisdiction, rejecting the position asserted by the defendant.

The Court also clarified that the appropriate result in the case of improper revestment is not for the appellate court to dismiss the appeal. Rather, the appellate court should vacate the trial court's order addressing the merits of an untimely motion and should order that the untimely motion be dismissed.

This opinion confirms that the revestment doctrine is very narrow and will only apply in situations where both parties agree that there should be some modification to the final judgment. Thus, no party should rely on its ability to invoke the revestment doctrine and revest court with jurisdiction over an untimely pleading.

ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Family law and visas (Senate Bill 2630), Local Records Act and destruction (House Bill 4316), Attorney-client privilege (House Bill 4317), UM/UIM arbitration (Senate Bill 1636) and Sale of distressed condominium units. (Senate Bill 2664). More information on each bill is available below the video.

The next YLD Professional Development Luncheon, "Changing Course: Alternative Careers for Attorneys," will be held on Feb. 11 at the Chicago Regional Office. YLD Professional Development Luncheons are aimed at teaching law students and young attorneys practical steps in developing their legal careers. This luncheon program will address utilizing legal skills outside of a traditional law firm setting. Register by Feb. 7 at www.isba.org/sections/yld

The 2014 Annual Meeting will be held at the Grand Geneva in Lake Geneva, Wisconsin from June 19–21. Take advantage of this opportunity to make your reservations for lodging early. To make reservations at the Grand Geneva, please call 855.833.5345 and reference reservation code #75C7TU or indicate you are attending the Illinois State Bar Association’s Annual Meeting. Rates for 2014 are $177 for single or double occupancy, plus resort fee and tax. A deposit of first night’s lodging is required. Check-in after 4:00 p.m. and check-out before 12:00 p.m.

The deadline for making reservations for lodging is on or before May 19, 2014. Reservations received after this date will be subject to availability. The deposit will be forfeited for all no-shows, early departures and cancellations less than 7 days prior to arrival.

Lake County Circuit Clerk Keith S. Brin announced Tuesday that his office will offer a series of in-person and online training courses and seminars in advance of the Electronic Filing Systems much-anticipated live release. The training courses and seminars will be offered free of charge.

Interested parties can register to receive immediate notification when training dates are announced by going to the Circuit Clerk’s web site at  www.lakecountyil.gov/CircuitClerk/Pages/default.aspx

Asked and Answered

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

Q. I am a 64-year-old solo practitioner in Arlington, Va. There are no other attorneys in the firm - I have one legal assistant. My practice is concentrated in estate planning and estate administration. I have just started giving thought to retirement and what to do with my practice. I want to provide continuity for my clients, security for my employee, and salvage any sweat equity from my practice if there is even such a thing? Personally, I question whether there is any potential for receiving any value from the practice - I think when you are done you are done. What are your thoughts?

"[The case of Des Moines lawyer Robert Wright, Jr.,] is a good reminder to be vigilant about scams and to discern glitter from gold when evaluating legal matters," Karen Erger writes in the February Illinois Bar Journal. "But is also stands as a stark reminder of the perils of doing business with clients and the importance of compliance with the Rules of Professional Conduct -- whether the transaction takes place in Nigeria or Naperville." Read the amazing but true story.

Join us from the comfort of your home or office on Friday, Feb. 21 for this live webcast that offers you the insights you need to select/present your own expert and successfully attack the expert of opposing counsel. Get the bench's perspective on expert practice, including the most common mistakes litigators make in expert practice. Attorneys practicing law in the federal court – with all levels of practice experience – who attend this live webcast will better understand: what's required to qualify your expert to testify; the scope of expert discovery; attacking opposing counsel's expert testimony during the deposition, in a Daubert motion, and at trial; and ways to improve the comprehension of your expert's testimony.

The program is presented by the ISBA Federal Civil Practice Section and qualifies for 1.5 hours MCLE credit.

Click here for more information and to register.

Ruby_® Receptionists makes stellar impressions and sets your practice apart – at a fraction of the cost of an on-site employee. From their offices in Portland, Oregon, Ruby’s live virtual receptionists handle your calls with care – using your custom greeting, transferring calls to you wherever you are, and answering basic FAQs about your firm. You’ll have the peace of mind that your clients will each be treated warmly and professionally by a smart, highly-trained, cheerful receptionist. Best of all, callers think Ruby works in your office.

Your first 14 days are free, and as a member of the Illinois State Bar Association, you’ll receive free activation and 5% off your monthly service! To get started, call 866-611-7829 or visit www.callruby.com/isba.

Please save the date for the Illinois State Bar Association's "Celebrating Women in the Profession Luncheon" on Thursday, March 13 at the Union League Club in Chicago.

Special Keynote Speaker: Professor Joan Williams is described by The New York Times as having “something approaching rock star status” in her field.

Host committee in formation; Sponsorships available. For more information regarding sponsorships or program details, please contact Kim Weaver at kweaver@isba.org.