ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Radon Resistant Construction Act, Mechanics Lien Act, Trust modernization I, Trust modernization II, Order of protection and Child support and dissipation claims. More information on each bill is available below the video.

Radon Resistant Construction Act. Public Act 97-953 (McAsey, D-Lockport; Collins, D-Chicago) creates the Radon Resistant Construction Act. It requires all new residential construction include passive radon resistant construction. "New residential construction" is any original construction of a single-family home or a dwelling containing two or fewer apartments, condominiums, or townhouse. "Passive radon resistant construction" includes an installed pipe that relies solely on the convective flow of air upward for soil-gas depressurization and may consist of multiple pipes routed through conditioned space from below the foundation to the roof above. Effective June 1, 2013.

"New Face of Adoption in Illinois" and "Illinois: An Adoption Friendly State," presented by Illinois Law, will air on Chicago Access Network Television, Channel 21, in Chicago on Tuesdays at 10 p.m. in August and September. Illinois Law is a cable production of the Illinois State Bar Association. "New Face of Adoption in Illinois" will air on Tuesdays, August 14 and 28, and Illinois: An Adoption Friendly State will air on Tuesdays, August 21 and September 4. “Illinois Law” can also be viewed online at http://iln.isba.org/blog/illinois-law-video

If so, it's probably going nowhere, even if you don't call it by that name. So write Judge James Fitzgerald Smith and Julia Illman Maness in the latest Trial Briefs, newsletter of the ISBA Civil Practice & Procedure Section.

"A claim for negligence against teachers and educational institutions for the quality of education received sounds in the tort of educational malpractice," they write. "This tort, also described as educational negligence, is not cognizable in Illinois."

They go on to discuss the Illinois Appellate Court's recent ruling in Waugh v. Morgan Stanley and Co., Inc.. In Waugh, the plaintiff alleged that a flight instructor negligently trained a pilot. Read Smith's and Maness's analysis.

We’re channeling Jerry Maguire with this plea for help as every member of the Illinois General Assembly—all 177 of them—stand for election this fall.

ISBA members devote considerable time, effort, and expertise in support of our legislative efforts. But we need your help to protect your interests. Although I believe we are respected and effective in Springfield, it’s hard to play touch if everybody else is playing tackle. To make us more competitive, I ask that you consider contributing $50 or more to LAWPAC.

ISBA created ISBA LAWPAC (the Illinois Lawyers’ Political Action Committee) in 1978 to contribute to those candidates running for state senator and state representative who share your interests. LAWPAC is governed by a bipartisan board of trustees appointed by ISBA presidents. To encourage broad participation by our membership, LAWPAC has been funded solely by ISBA members who elect to add a $20 contribution to their annual dues statement. Typically, about 10-15% of our membership contributes $20 this way. If adjusted for inflation since 1978, this $20 would now be about $70.

The amounts we raise by this small amount are dwarfed by the amounts raised by similarly situated associations, such as the realtors, dentists, and CPAs. We have to be competitive in the State House. You may help us do so by contributing by credit card at this link or download this form to send a check to ISBA LAWPAC.* Thank you!

ISBA President John E. Thies was elevated to the position of President of the National Caucus of State Bar Associations at the recent ABA Annual Meeting in Chicago. The purpose of the caucus is to coordinate the efforts of state bar associations across the country in considering and proposing matters before the American Bar Association House of Delegates.

“State bar associations – including the ISBA – have a unique interest in many matters before the ABA House and within the ABA generally," Thies said after being named President-elect of the Caucus in 2011. "These associations are most closely connected to the practicing bar, and the administration of justice at the core level. Accordingly, it is important that state bars have a strong voice within the ABA. In leading the Caucus, I plan to work with other state bar leaders to make sure that this is always the case.”

The National Caucus has been an important resource for the ISBA in connection with the Association’s recent efforts to maintain the ABA’s current position against non-lawyer ownership and fee-splitting with non-lawyers. “The Caucus met in advance of the ABA’s August House of Delegates meeting, and was an important sounding board for us as we decided how to frame this debate in the House.” 

At its recent annual meeting, the ABA revised its Model Rules on Professional Conduct. Particularly, it adopted Revised Rule 105A   dealing with client confidentiality and technology and Revised Rule 105B on lawyers' use of technology for client development or marketing. Sean Doherty describes the significant changes in his article posted at Law.com, ABA Adopts Ethics Rules on Lawyers' Use of Technology. The changes to the Model Rules dealing with the use of internet for marketing is described in Internet Marketing Tools for Lawyers Addressed by ABA by Gyi Tsakalakis at Lawyerist.com.

One of the most significant changes is the ABA's expectation that lawyers will take time to educate themselves on the uses and potential risks of technology. Applauding this new acknowledgement of the need for lawyers to educate themselves about technology, Sharon Nelson posted at Ride the Lightning, "No more Lawyer Luddites."

Zombie nouns flourish in legal writing. They smother lively verbs and suck the vitality and clarity right out your prose. Bryan A. Garner believes that they are a bigger problem in legal writing than incorrectly using the passive voice.

Asked and Answered

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

Q. I am the owner of a 12 attorney firm in Dallas. We have 26 people including attorneys and staff. I founded the firm 20 years ago. While we have an Accounting Manager - I am responsible for the management and direction of the firm. While we have done okay over the years - I often feel deficient as a manager and am not always sure that I am covering all of the bases. Is there such thing as management 101 for guys like me?

A. Mention Management 101 and I think of the five functions of management. Each of these roles must be performed by someone in every law firm and business if it is to be successful. In a small firm such as yours you must perform each of these functions and be reasonably good at all of them.

Here are the five functions:

The law school experience tends to program lawyers to think cases and nothing but cases, but more and more it’s statutes and administrative rules where the action is. In Illinois, the Joint Committee on Administrative Rules (JCAR) publishes the weekly Flinn Report that is a summary of the rules being proposed by State agencies. It is a PDF usually four to ten pages long.

The Flinn Report allows interested persons or parties an opportunity to give written comments on the proposed rules before they are accepted and published. These rules can significantly affect some of your practices.

It’s not a bad idea to skim the weekly Flinn Report much as you would skim case summaries in ISBA’s E-Clips or in the advance sheets.

Background information on JCAR and the link for the Flinn Report are  here.

The Illinois State Bar Association's Young Lawyers Division is kicking off its Professional Development Luncheons (PDLs) with a session titled “Getting Your Foot in the Door.” The program will be on Wednesday, Sept. 12 at noon at the Chicago Regional Office, 20 S. Clark Ste. 900.

The four part series is aimed at teaching law students and young attorneys practical steps in advancing their career. The first luncheon program features three esteemed panelists who will discuss how to get your first job or new job in the legal profession whether you are interested in working at a small firm, large firm, or for the government.

• Gina DeBoni, Managing Partner, Romannucci Blandin
• Pat Driscoll, Head of Civil Actions Bureau, Cook County State’s Attorney
• Tom Fahey, Managing Partner, Ungaretti Harris, LLP

Cost: $10 includes lunch (If you require a specific dietary lunch, contact Janet Sosin)

Registration required by Sept. 7 at http://www.isba.org/sections/yld/pdl/09-12-2012

No MCLE credit is available for this program.

For general inquiries, please contact Matt Coleman at mcoleman@ridgeassoc.com; Jessica Durkin at jessica@mdr-law.com; or Heather Pfeffer, at heather.pfeffer@gmail.com.