ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. In this episode he covers the Mechanics Lien Act, Medical Marijuana and Juvenile homicide offenders. More information on each bill is available below the video.

Mechanics Lien Act. House Bill 3636 (Burke, D-Evergreen Park; Mulroe, D-Chicago) does three things in response to the LaSalle Bank National Association vs. Cypress Creek opinion. (1) Requires that the owner or interested person’s demand for suit to be commenced or answered within 30 days must contain this language in at least 10-point, boldface type: “Failure to respond to this notice within 30 days after receipt, as required by Section 34 of the Mechanics Lien Act, shall result in the forfeiture of the referenced lien.” 

(2) Defines a “lien creditor” as someone who does work or furnishes material under this Act. A lien creditor is preferred over other encumbrances except that previous encumbrances are preferred only to the extent of the value of the land at the time the contract was made for the improvements, and each lien creditor is preferred to the value of all later improvements regardless of whether the lien creditor provided those improvements. 

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced today that Christen L. Bishop, received most of the votes cast by the circuit judges in the Nineteenth Judicial Circuit and is declared to be appointed to the office of associate judge.

Ms. Bishop received her undergraduate degree in 1991 from the University of Illinois and her Juris Doctor in 1994 from the University of Illinois. Ms. Bishop is currently affiliated with the Lake County State's Attorney's Office in Waukegan.

Veteran ISBA member Paul Meints has a great tip for anyone looking for the social security number of someone who has been dead for a number of years. "[Y]ou might start by looking at ancestry.com," where you can do an SSN search, he writes in the latest ISBA Trusts and Estates newsletter, which is available to all section members.

"You will have to subscribe to ancestry.com to obtain the SSN and related information of a decedent," he writes. "This site does have limitations regarding obtaining a SSN and you cannot obtain a SSN from this site for a person who died within the last 10 years." But he says, it's a place to start. You'll find it here.

Asked and Answered

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

Q. I am the owner of a five attorney firm in Chicago. Including staff we have a total of 13 people working at the firm. As we have grown our approach to handling billing and accounting has been piecemeal. We have a combination of several people handling various tasks including a couple of outsourced vendors as well. Frankly it is a mess. I want to restructure and consolidate all the tasks and responsibilities into one bookkeeper position. Do you have a job description that would help guide me in my search?

A. Here is a job description that might help get your started.

Position Summary

The primary function of this position is to perform the billing, bookkeeping and accounting functions of the firm. This position requires an experienced and accomplished person with a strong bookkeeping and computer background. The position requires skills and experience in bookkeeping, accounting, law firm billing and QuickBooks software as well as Microsoft Office Products. The position requires experience in a law or other professional service firm environment.

Reporting Relationship

This position reports to the firm owner.

The following is ISBA President John E. Thies' response to Chief Judge Holderman's letter on the possibility of weekly federal court closings due to budget cuts. ISBA members are urged to join President Thies in this effort by contacting their representatives in Congress. Contact information for Illinois' Congressional delegation can be found at www.illinoisworknet.com

Dear Chief Judge Holderman:

I appreciate the opportunity to respond on behalf of the Illinois State Bar Association to your September 4, 2012, letter detailing the perilous situation confronting the federal courts in the absence of positive budgetary intervention by the Congress.

You asked about our views on how our lawyer members and their clients would be impacted if the U.S. Court for the Northem District of Illinois is forced to drastically diminish its operations. I want to focus my response on the effect such action would have on our clients - the parties in civil actions and the individuals involved in criminal prosecutions. It is they who would be most affected by the interruption of court services.

Get the introductory information you need to better serve your clients that are facing an Americans with Disabilities Act case – from the important judicial decisions that have affected the Act, to the emerging issues arising under the Act, to the professional responsibility problems that can arise when representing ADA clients. General practitioners and civil rights attorneys will leave the seminar with a better understanding of the following: the employment rights of disabled individuals (Title I); the rights of disabled persons who use government-funded services and programs (Title II); the regulations governing public accommodations for persons with disabilities (Title III); the various U.S. Supreme Court and Seventh Circuit decisions that have affected the Americans with Disabilities Act; and the ongoing issues – such as web accessibility and pre-employment medical inquiries – that are arising under ADA.

The program, which takes place in Chicago on September 28, 2012, qualifies for 3.25 hours MCLE credit, including .50 hour PMCLE (subject to approval) and is presented by the ISBA Standing Committee on Disability Law.

Can’t attend the live program in Chicago?Then join us via web! This program will broadcast live over the Internet so that attorneys can attend remotely.

Click here for more information and to register for the CHICAGO PROGRAM.

ISBA President John E. Thies is proud to announce a new member benefit - 15 hours of free CLE each year for ISBA members.

Find out more at www.isba.org/freecle

CIVIL

Jackson v. The Board of Election Commissioners of the City of Chicago

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

Carmelita Earls and her husband obtained homestead exemptions on three properties in Cook County. Preparatory to filing to run for Alderman, Earls checked with the Indebtedness Check Unit of the City of Chicago Department of Revenue and was told that she owed no outstanding debt to the City. Shortly after, the Assessor's office challenged two of the homestead exemptions. Earls then promptly executed waivers of those exemptions. An objection was raised to Earls' candidacy, in which it was contended that Earls was in arrears in payment of taxes or other indebtedness to the City. 

Two recent cases out of the First District of the Appellate Court in Illinois have bolstered the right of attorneys to assert the attorney client and work product privileges to withhold documents in the context of a malpractice claim against them. In Garvey v. Seyfarth Shaw LLP, 2012 Ill. App. LEXIS 132; 966 N.E. 2d 523 (1st Dist. Mar. 1, 2012) and MDA City Apartments, LLC v. DLA Piper LLP (US), 2012 Ill. App. LEXIS 201 (1st Dist. Mar. 22, 2012), the Court rejected the application of the “fiduciary-duty” exception to the attorney client and work product privileges. The opinions give instruction as to the underlying facts and factors which will frame and preserve an attorney’s asserted privilege as against his or her former client.