Illinois Supreme Court Rule 138, amended to protect against identity theft and the disclosure of sensitive information through electronic filing, goes into effect Monday, July 1 with two of its provisions being deferred.

A requirement that birth dates and the names of minor individuals be excluded from documents in civil cases has been deferred until Jan. 1, 2014. The delay will allow attorneys and state agencies that handle high volumes of affected cases additional time to adapt to the new requirements. In the interim, the Illinois Supreme Court Rules Committeee will schedule a public hearing on the deferred provisions.

In response to additional inquiries from judges, practitioners, clerks and other court partners, the following clarifications are offered:

Honored in recognition of his commitment to equal justice and exemplary career as a civil legal services attorney

By Wendy Vaughn, Clinical Assistant Professor,
NIU College of Law, Zeke Giorgi Legal Clinic

During its 137th Annual Meeting, the Illinois State Bar Association awarded Bernard H. Shapiro with the Joseph R. Bartylak Memorial Legal Services Award at award luncheon on June 21, 2013.  For the last 35 years, Bernard H. Shapiro (Bernie) has dedicated his legal career and devoted his considerable intellect and legal acumen to meeting the basic needs of residents of Northern Illinois in his role as attorney, mentor, advocate, trainer, and Director of Litigation at Prairie State Legal Services (Prairie State). 

In her nomination letter, Sarah Megan, who also serves as Director of Litigation at Prairie State, writes that Bernie is “the lynchpin of our legal aid program,” “the soul of our organization,” and “a role model for not only all our staff, but for all legal aid staff.” Ms. Megan explains that Bernie’s fellow attorneys “rely on his superb legal analysis and strategy as well as his pragmatic problem solving skill.  We learn from his example of excellence; always focused on achieving our clients’ goals, providing our clients the highest caliber legal services in a most compassionate and respectful way.”

A reviewing court can be an intimidating place, especially for the occasional appellate practitioner. An Illinois circuit judge and former supreme court clerk offers 10 practical tips to put you at ease and strengthen your case on appeal in the July Illinois Bar Journal.

United States Bankruptcy Judge Thomas L. Perkins of the Central District of Illinois has applied to be reappointed by the United States Court of Appeals to a new 14-year term when his current term expires on July 19, 2014. A United States Bankruptcy Judge is a judicial officer of the United States District Court who exercises the authority of the district court with respect to any action, suit, or proceeding under Chapter 6 of Title 28 of the United States Code. 28 U.S.C. § 151.

Comments are invited from the public and the bar as to whether Judge Perkins should be reappointed. Those comments should be in writing and sent by July 30, 2013 to:

Collins T. Fitzpatrick
Circuit Executive
219 S. Dearborn Street
Room 2780
Chicago, IL 60604

Five women lawyers will be featured in the “100 Women of Influence” special section in the July issue of Today’s Chicago Woman magazine. They are: Anita Alvarez, State’s Attorney, Cook County; Laurel Bellows, Managing Principal, The Bellows Law Group P.C.; President, American Bar Association; Paula H. Holderman, Chief Attorney Development Officer, Winston & Strawn LLP; President, Illinois State Bar Association; Susan Levy, Managing Partner, Jenner & Block; and Lisa Madigan, Attorney General, State of Illinois. The special “100 Women of Influence” feature is a list of the most accomplished women in their respective fields.

Asked and Answered

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

Q. I am the sole owner of a 8 attorney practice in Houston. I am 55 years old and am beginning to think about retirement. The other attorneys are associates in the firm. What do I need to be thinking about in order that I can transition out of my practice and have money for retirement. While I have put some money in a 401k, I am not yet financially secure enough to retire.

A. You are not alone. As the baby boom generation ages - more and more attorneys are asking this question. Unless you have an appropriate Exit Planning Strategy and put in place a sound Exit Plan, it is doubtful that you will be able to cash in on the full value of the goodwill that you have created. To exit successfully you need:

John L. Nickels was raised on a dairy farm in rural Illinois, started his education in a one-room country schoolhouse at the age of four and rose to become a Justice on the Illinois Supreme Court.

Justice Nickels passed away in the company of his family on Monday after a long illness. He had served on Illinois’ highest court from December 1992 to his retirement in December 1998, earning a reputation as a quiet, private man but one who was unafraid to express his fidelity to fundamental beliefs and to call out publicly those he felt had abused their trust. Justice Nickels was 82.

"He was a gentle and most hospitable man," Illinois Supreme Court Chief Justice Thomas L. Kilbride said. "He carried a wealth of compassion and internal resolve to bring out the best in all of us -- to be respectful professionals. He was a real role model and epitomized that it was quite acceptable 'to agree to disagree.' "

Jump start your new Illinois legal career by attending this outstanding Basic Skills course that’s designed to equip you with the information you need as a new Illinois attorney, as well as help you begin to fulfill your Illinois Supreme Court Newly Admitted Attorney requirement (S. Ct. Rule 793). Our faculty – consisting of high-profile attorneys and judges – offers insights, tips, and advice on the issues you face in your practice. Topics include: common mistakes to avoid; brief-writing; setting up an IOLTA account; risk management and malpractice issues; effective legal research; negotiations; using technology in your practice; ethical risks created by modern technology; satisfying your clients; maintaining accurate records; dealing with conflicts; handling the stress of a legal career; and much more! The program closes with a discussion of topic generated by your suggestions when you register for the program.

The program takes place in Chicago on Monday, September 9^th and qualifies for 6.50 hours MCLE credit, including 6.50 hours Professional Responsibility MCLE credit (subject to approval). The program is FREE for Newly Admitted Attorney ISBA members within the first year of practice.

Click here for more information and to register.

The Illinois State Bar Association Assembly, the organization's 203-person policy making body, approved several reports during the 137th Annual Meeting in Lake Geneva, Wis.

The Assembly unanimously approved the 53-page report and recommendations of the Special Committee on the Impact of Law School Debt on the Delivery of Legal Services. The report was supported with research and testimony from statewide hearings that call for dramatic changes in the way law schools deliver education. The Assembly also moved to adopt the report as coming from ISBA and not just the special committee and sending the report to the deans of all Illinois law schools, newspapers editors and Supreme Court justices. U.S. Senator Dick Durbin (D-IL) has written to the ABA Task Force on the Future of Legal Education recommending the findings in the ISBA report.

The Assembly also approved the report and recommendations of the Special Committee on Fair and Impartial Courts.

ISBA Past President John Locallo presented the report and recommendations of the Special Committee on Collaborative Law, which opposed legislative passage of the "Uniform Collaborative Law Act" as a violation of separation of powers. The Assembly approved that report as well.

Paula H. Holderman, chief attorney development officer at Winston & Strawn, LLP, in Chicago, was sworn-in as the 137^th president of the Illinois State Bar Association on June 21 at the Annual Meeting in Lake Geneva, Wis.

During her term as president, Holderman will place special emphasis on four major projects, with an overall focus on enhancing member services and new member recruitment. She has formed a New Lawyer Task Force, to be chaired by two young lawyers, Marron Mahoney and Brian Monico, who, with a committee, will develop recommendations for the ISBA to help young lawyers succeed in the profession.

Holderman will also concentrate on member services and marketing the tangible benefits of ISBA membership. Currently, the ISBA offers 15 hours of free Continuing Legal Education (CLE) credits each year to members, as well as Fastcase (online research) and E-Clips (case digests and legal news) as essential tools of the practice. ISBA membership also provides access to affordable malpractice insurance through the ISBA Mutual Insurance Company. “We will show the legal community that ISBA membership is not only relevant but the one membership that an Illinois lawyer needs,” she stated.