By Jim Covington, ISBA Director of Legislative Affairs

This is a quick and dirty summary of 10 bills that have been passed by both chambers that may be of interest to ISBA members. The General Assembly has 30 days from passage to transmit it to the Governor, and he then has 60 days to take action on them. Enjoy!

(1) Tort cases and settlement problems.Senate Bill 1912 (Raoul, D-Chicago; Sims, D-Chicago) amends the Code of Civil Procedure to create an enforcement mechanism for cases in which the parties agree to settle, but the defendant won’t comply with the agreement. It is limited to cases seeking money damages involving personal injury, wrongful death, or tort action. It requires a settling defendant pay all sums due to the plaintiff within 30 days of tender of all applicable documents required under this new Section.

It requires a “settling defendant” to tender a release to the plaintiff within 14 days of written confirmation of the settlement. If the law requires court approval of a settlement, the plaintiff must tender to the defendant a copy of the court order approving the settlement. If there is a known third-party right of recovery or subrogation interest, the plaintiff may protect the third-party’s right of recovery or subrogation interest by tendering to the defendant:

ISBA President John E. Thies interviews Sidley Austin Senior Counsel Newton Minow, who talks about the law student debt crisis and offers other reflections on his distinguished career in the law.

Click here to watch the entire, unedited interview.

Don’t miss this opportunity on June 7^th to discuss the hottest topics currently under debate in the animal law arena – from the use of therapy dogs in the courts and methods for alternative dispute resolution, to animal shelter laws and some of the most high profile issues in animal advocacy, including puppy mills, farm animal welfare, and captive wildlife regulations. Attorneys with a strong interest in the growing area of animal advocacy and the practice of animal law – as well as practitioners who may find themselves with just one or two matters concerning a conflict involving animals – who attend this full-day seminar gain a better understanding of: how courts across the country have implemented the use of therapy dogs; which efforts should be implemented in an effort to stop the damaging practices of some animal breeding establishments; how alternative dispute resolution can help resolve animal conflicts with greater emotional comfort and stability; how the Humane Society of the U.S. has helped protect laboratory chimps; how the Zanesville incident influenced the enactment of Ohio’s new Dangerous Wild Animal Act; which laws and regulations apply to the various functions of local animal shelters, all-breed shelters, and breed rescues; the new developments in the farm animal arena, including egg production and swine gestation crates; and the unique ethical issues and concerns an attorney may face when representing an animal law case.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers Common-Interest Community Association Act (House Bill 1773), Short-term guardians (Senate Bill 1565), Short-term guardians (Senate Bill 1565), Body attachments and child support (House Bill 2473), Supreme Court Special Purposes Fund (Senate Bill 1768), The Recreational Use of Land and Water Areas Act (Senate Bill 1042), Driving and cell phones (House Bill 1247) and UM coverage (Senate Bill 1898). More information on each bill is available below the video.

ISBA President-elect Paula H. Holderman receives the Abraham Lincoln Marovitz Philanthropic Award from Chicago student Esperanza Gaytan at the Lawyers Lend-A-Hand’s Youth Spring Awards Dinner on May 15 at the Four Seasons Hotel.

Holderman’s husband, James F. Holderman, chief judge of the U.S. District Court in Chicago, also received the award. Gaytan has been involved in the ISBA-sponsored Law & Leadership Institute.

Asked and Answered

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

Q. Our firm is an estate planning firm located in the Chicago suburbs. We have three attorneys, four paralegals, and three staff support members. We have observed over the past three years a trend where our new matters and associated fee revenues starts a dramatic decline in April and continues to do so until August. In the past we have just remained in a state of denial and relied on hope and prayer. This year we would like to be more proactive. I would appreciate your thoughts.

A. You could try investing in some additional advertising designed to stimulate early demand for such services. However, short of a new tax or other regulation occurring this summer or a dramatic price reduction - i.e. get your will done and get your spouse's will for free - I doubt that such advertising will do much to create a reason to act now as opposed to the fall or end of the year. Then you would have the additional cost of the advertising and lower revenue as a result of the discount or special offer. I believe you might be better off focusing on cost reduction and cutting back on attorney and staff hours until demand picks up again in the fall.

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Join us in Chicago on June 6^th to learn about the opportunities, benefits and risks involved in the use of public private partnerships with this informative seminar! As an attorney working in the construction law arena, it is important that you understand how public private partnerships are used to finance public improvements, as well as the public regulations and laws impacting the use of P3s. Construction law practitioners, local government attorneys, and other professionals working in the public construction field, including public procurement and public contract administrators, officials, and directors who attend this half-day seminar will better understand: how public private partnerships have become a necessary funding option in a struggling economy; how a conventional public private partnership is defined; the historical challenges faced by government entities using public private partnerships to fund infrastructure improvements; the audit and payment requirements for public private partnerships; the alternative delivery methods of public private partnerships; and the various statutes and regulations applicable to public private partnerships.

The program is presented by the ISBA Construction Law Section and co-sponsored by the ISBA Local Government Law Section. It qualifies for 3.75 hours MCLE credit.

Click here for more information and to register.

The digest for ISBA's first ethics opinion of the calendar year, approved in January and designated number 13-01, reads as follows: "It is not ethically permissible for a lawyer for a representative of a decedent’s estate to enter into a fee agreement, or to collect a fee, for an amount in excess of the amount of fees allowed by a probate court as reasonable."

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases McFatridge v. Madigan, Standard Mutual Insurance Company v. Lay, In re Marriage of Mayfield and In re the Parentage of J.W. and the criminal cases People v. Henderson and In re M.I.

CIVIL

McFatridge v. Madigan

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

The State of Illinois need not pick up the litigation tab incurred by an elected state official in defending a civil lawsuit where the claim arises from certain types of misconduct, even if he acts in the scope of employment. Accordingly, the Illinois Supreme Court upheld a circuit court's dismissal of the complaint of Michael McFatridge, a former Edgar County State's Attorney, seeking to force Attorney General Lisa Madigan to approve payment of McFatridge's legal expenses.