Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Metropolitan Life Insurance Company v. Hamer, Wilkins v. Williams, VC&M Ltd. v. Andrews and Crittenden v. The Cook County Commission on Human Rights and the criminal case In re B.C.P.

CIVIL

Metropolitan Life Insurance Company v. Hamer

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

A carrot dangled by an amnesty statute for delinquent taxpayers resulted in the Department of Revenue hitting a corporate taxpayer with a rather large stick:  a penalty of 200% interest.  Accordingly to a 4-2 decision of the Illinois Supreme Court, the plain language of the Tax Delinquency Amnesty Act, 35 ILCS 745/10 (West 2004), required this result.  The Amnesty Act established a program for taxpayers owing payment for any taxable period between June 30, 1983 and July 1, 2002, to avoid interest and penalties, as well as civil or criminal prosecution, by paying “all taxes due” during a six-week period in 2003.  Taxpayers who failed to square up during the amnesty period faced a penalty of 200% interest under another statute, the Uniform Penalty and Interest Act, 35 ILCS 735/3-2(f) (West 2004). 

Three newly posted ISBA ethics opinions deal with obligations of lawyers who 1) represent local governments, 2) have a client who gave false evidence in an administrative hearing, and 3) serve as GALs in adoptions.

13-04 - A lawyer serving as an officer of a financial institution who also owns a significant stock interest in it must comply with the requirements of RPC 1.8 when representing a municipality that engages in business transactions with the financial institution. Read the full opinion.

13-05 - When a lawyer discovers that his or her client in an administrative hearing has previously submitted false material evidence to the tribunal, the lawyer must attempt to persuade the client to correct or withdraw the false evidence, but if that fails and if the effect of the false evidence cannot otherwise be undone, the lawyer must disclose the false evidence. Read the full opinion.

13-06 - A lawyer, serving as a guardian ad litem of minors in an adoption proceeding, must obtain the consent of the lawyer for the petitioning parties before interviewing the petitioners and likewise must obtain consent before contacting the petitioners to request an interview with the minors. Read the full opinion.

Find more ethics resources including other ISBA Advisory Opinions and our ISBA Ethics Hotline at http://www.isba.org/ethics

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Juvenile Court Act (House Bill 3172), Raising the age of juvenile court (House Bill 2404), Business records (Senate Bill 1968), E-insurance card (Senate Bill 1775), Recorded interrogations (Senate Bill 1006), Concealed carry (House Bill 183), No more felony prostitution (Senate Bill 1872), Reporting of sex crimes (House Bill 804) and Drone surveillance (Senate Bill 1587). More information on each bill is available below the video.

The Illinois Supreme Court has appointed Stephen P. McGlynn as a Resident Circuit Judge in  the 20th Circuit, St. Clair County. This vacancy was created by the resignation of the Hon. Michael N. Cook. This appointment is effective July 1, 2013 and terminates on Dec. 1, 2014.

Join us from the comfort of your home or office for this live webcast on June 28^th that examines the recent developments and hot topics in Illinois’ insurance coverage law. Topics include: uninsured/underinsured motorist coverage; professional liability insurance coverage; insurance coverage issues relating to legal malpractice; and comprehensive general liability insurance.

The program is presented by the ISBA Insurance Law Section and qualifies for 2.25 hours MCLE credit.

Click here for more information and to register.

ISBA President John E. Thies says goodbye and looks back on his presidential year in his final Member Update.

ISBA President John Thies discusses civics education and other law-related issues with Illinois Supreme Court Justice Rita Garman.

View the extended footage from the interview at http://youtu.be/h1XGoI1TacA

Move is expected to lower fee costs for clients of limited means

Chief Justice Thomas L. Kilbride announced Friday that the Illinois Supreme Court has approved a proposal designed to lessen the legal costs in civil cases for clients of limited means.

The proposal deals with a concept known as "limited scope representation" which more than 20 other states also permit. Limited scope representation allows attorneys to provide paid legal services on a portion of a client's legal matter, rather than seeing it through from beginning to end. By providing services, specifically limited by agreement between the lawyer and the client, total legal fees should be more affordable for the client.

The proposal, first made several years ago by the Lawyers Trust Fund, is contained in amendments to three Supreme Court rules. It had the formal support of the Illinois State Bar Association, the Chicago Bar Association and the Illinois Judges Association, who formed a joint task force to study the matter in detail.