Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the Civil case Downtown Disposal Services, Inc., v. The City of Chicago and the Criminal case People v. Murdock.

CIVIL

Downtown Disposal Services, Inc., v. The City of Chicago

By Karen Kies DeGrand, Donohue Brown Mathewson & Smyth LLC

A corporation must be represented by counsel in legal proceedings. In a four to three split opinion, with Justice Burke writing for the majority,  the Illinois Supreme Court ruled that a corporation's complaint, filed by its lay president rather than by an attorney, was not automatically a nullity. Rather, circuit courts should consider the circumstances of the case to determine whether the filing defect requires dismissal or may be cured.  

More than 2,100 new attorneys will be admitted to practice in Illinois on Thursday, November 1 with Justices of the Illinois Supreme Court presiding and administering the attorney’s oath at five separate locations.

Fannie Mae’s and Freddie Mac’s new and improved preforeclosure sales program takes effect today. Proponents hope it will make processing short sales easier and "provide a much needed alternative to borrowers facing foreclosure," Philip J. Vacco writes in the latest ISBA Real Property newsletter. Read his analysis.

Asked and Answered

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

Q. Our firm is a 14 lawyer firm in Phoenix, Arizona. We are a new firm (formed 8 years ago) and we have 5 equity partners and 9 associates. Several of the associates have been with us since day one (8 years) and are asking us about partnership. We want to be fair and keep our top talent. What are your thoughts on this topic?

ISBA President John E. Thies discusses the "Lawyers in the Classroom," a program that sends Illinois lawyers to classrooms around the state. If you would like to be a part of this program, please visit www.isba.org/lawyersinclassrooms

Join us in Chicago on November 7^th for a discussion that explores the scope of the lawyer’s fiduciary and ethical boundaries when representing the fiduciary! Learn to manage fiduciary risk with this comprehensive discussion on the ethical challenges facing the lawyer and financial advisor who acts as fiduciary, as well as those who represent the fiduciary. Attorneys, financial advisors, and certified public accountants who attend this seminar will gain a better understanding of: the required duties of trustees, executors, and personal representatives;  how to appoint or remove a fiduciary from office; the fiduciary duties of the trustee; the red flags and ethical challenges that may arise when representing a fiduciary; and the scope of the lawyer’s fiduciary.

The program is presented by the ISBA Trusts & Estates Section and qualifies for 2.0 hours MCLE credit, including 1.25 hours Professional Responsibility MCLE credit (subject to approval).

Can’t attend the live program in Chicago? The join us on the web! This program will broadcast live via the Internet so that attorneys can attend remotely from the comfort of their home or office.

Click here to register for the CHICAGO program.

Click here to register for the LIVE WEBCAST.

The federal Consumer Financial Protection Bureau has recently issued regulations to take effect on January 2, 2013 that will regulate debt collection by lawyers. The press release announcing these rules may be found here, which also includes links to other information about it such as a copy of the regulations, a factsheet explaining them, and the Bureau's examination procedures for debt collections.