CIVIL

Palm v. 2800 Lake Shore Drive Condominium Association

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

Palm v. 2800 Lake Shore, while nominally about the circumstances in which a condominium unit owner can obtain the records of the condominium association, is fundamentally about whether the section of the Chicago Municipal Code dealing with that subject is a valid exercise of the City’s home rule power. The court also decided that the prevailing plaintiff unit owner, entitled to attorneys fees pursuant to the ordinance allowing recovery of "his reasonable attorney fees," is not limited to the fees actually charged by his attorney, but could recover greater fees at the reasonable market rate established by the evidence. The circuit and appellate courts were affirmed.

The association defendants asserted that the Chicago ordinance conflicted with the Condominium Property Act and the General Not For Profit Corporation Act. The statutes require unit owners to state a proper purpose for obtaining association financial books, limit requests to ten years of records, and allow the association 30 days in which to gather the records. The ordinance does not require statement of a purpose, does not restrict the age of the documents, and requires production with three business days. The parties and the court all agreed that the ordinance conflicted with the statutes.

Join us in Chicago on May 8^th for this unique opportunity to learn directly from federal judges and mediators on all aspects of settlement! Learn the tips of the trade as several panels of federal judges, retired federal judges, and mediators share everything you need to know about settlement in the federal courts. Attorneys with all level of experience practicing in the U.S. District Court for the Northern District of Illinois and the Seventh Circuit Court of Appeals who attend this seminar will gain a better understanding of: meeting the judges’ expectations for pre-settlement preparations; preparing your client for settlement; how to conduct the settlement conference, including conference procedures and techniques to help both parties come to a settlement agreement; how to handle settlement compliance issues and the court’s ability to enforce the settlement agreements; and the Seventh Circuit’s settlement program procedures.

The program is presented by the ISBA Federal Civil Practice Section and qualifies for 4.0 hours MCLE credit, including 4.0 hours Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.

If you don't have a tablet, you're probably thinking about getting one. But can they really help you practice more effectively? In the May IBJ, tech experts say "yes" and tell you how to use mobile devices to increase productivity and gain an edge in the courtroom.

ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers UM coverage (Senate Bill 1898), Claim for money damages (Senate Bill 1912), FOIA and attorney’s fees (Senate Bill 1514), Visitation (House Bill 2992) and Fraudulent real estate transactions (House Bill 2832). More information on each bill is available below the video.

UM coverage. Senate Bill 1898 (Biss, D-Skokie) increases the required minimum liability insurance policies for drivers as follows: bodily injury or death to any person from $20,000 to $30,000; bodily injury or death to two or more persons from $40,000 to $60,000; and property damage from $15,000 to $20,000. It is on third reading in the Senate.

Asked and Answered

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

Q. Our firm is a 24 attorney firm in the western Chicago suburbs. We have 10 partners - five are in their early 60s. We represent small to mid-size business clients. Recently we have been discussing the eventual retirement of the senior partners and approaches to client transition. We would appreciate your thoughts.

The National Association of Women Judges and the American Bar Association’s Human Trafficking Task Force will present a panel discussion on "Human Trafficking: How we can make a difference" on May 21 in Chicago.

The Illinois Supreme Court and Justice Mary Jane Theis announced Tuesday the appointment of attorneys Andrea M. Buford and Pamela McLean Meyerson as Cook County Circuit Judges.

Ms. Buford was appointed by the Court to fill the at-large vacancy created by the retirement of Pamela E. H. Veal. The appointment is effective May 17, 2013 and will terminate December 1, 2014, when the position is filled by the 2014 General Election.

Join us in Chicago on May 16 for this unique four-hour program in which the Hollywood hit movie Flight is used as a sounding board for identifying, understanding, and analyzing the Illinois Rules of Professional Conduct. The legal issues woven throughout the story’s plot make this the perfect educational tool for learning about professional responsibility!

The program opens with a short presentation and review of the Illinois Rules of Professional Responsibility, as well as a review of recent Supreme Court decisions on Illinois Attorney Registration and Disciplinary Commission findings. The movie is then presented to attendees as an alternative approach to traditional CLE programs with the speakers stopping the movie when the on-screen attorney is faced with an ethical dilemma. The dilemmas will then be analyzed by the presenters and discussed by the group before moving on to more of the video. A discussion on the differences between real practice and the movie is also included.

This Master Series seminar qualifies for 3.0 hours MCLE credit, including 3.0 hours Professional Responsibility MCLE credit (subject to approval).

Click here for more information and to register.