Quick takes on Thursday's Illinois Supreme Court opinions

Posted on August 4, 2011 by Chris Bonjean

Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the family law case O'Brien v. O'Brien and criminal case People v. White.

CIVIL

O’Brien v. O’Brien

By Alyssa M. Reiter, Williams Montgomery & John Ltd.

This family law case actually involves the much broader issue of the proper standard to be used in deciding whether to substitute a judge “for cause.” 

Lisa O’Brien filed domestic battery charges against her estranged husband, John O’Brien. Judge Joseph Waldeck presided over an evidentiary hearing in that matter and made certain evidentiary rulings. Judge Waldeck subsequently presided over the couple’s marital dissolution proceedings. About one year after the dissolution case was pending, John sought a substitution of judge pursuant to Illinois Code of Civil Procedure section 2-1001(a)(3), which provides for substitution “for cause.” Another judge considered the matter and denied substitution. From the final judgment, John appealed and the case reached the Illinois Supreme Court on a certificate of importance.

Illinois Supreme Court makes electronic record accessible in DuPage, Ogle appellate cases

Posted on August 3, 2011 by Chris Bonjean

Chief Justice Thomas L. Kilbride and the Illinois Supreme Court announced Wednesday another step forward in doing court business through electronic means.

The Court approved a pilot project in the Second Judicial District Appellate Court that will allow attorneys, parties and appellate justices to electronically view, access and work from the official record of cases on appeal from DuPage and Ogle counties. However, the paper record will continue to be the official record on appeal pursuant to Supreme Court rule and will be available to parties who would rather use a paper record.

“It sounds like a small step but this should prove to be a big benefit for both attorneys and justices working on appeals,” said Chief Justice Kilbride. “With an electronic record accessible to those involved in appeals, attorneys and justices can view the record and work contemporaneously on a case.

“It is another step forward in developing and implementing e-business applications in the court system with an eye toward making it friendly, efficient and cost-effective.”

The Second District pilot project follows in the wake of an initiative announced in June by the Chief Justice and the Court to move Illinois courts forward in the electronic age with the formation of a special Supreme Court committee to propose new ways of doing court business to achieve efficiency and economy in the court system.

Best Practice: Key Documents Needed to Launch a Law Firm Merger/Acquisition/Sale Initiative

Posted on August 3, 2011 by Chris Bonjean

Asked and Answered

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

Q. Our firm is a 5 attorney firm in Detroit with three partners and two associates. The three partners are 79, 72, and 67 respectively. All three are considering succession and exit options. While internal succession is an option the firm has had a few merger chats with larger firms - on isolated unplanned occasions. We are having problems getting focused and generating interest from other firms. Is there a suggested process and or documents that we should prepare to generate interest and properly package our firm?

A. I suggest that you start by preparing an offer package that can be provided to other firms that you may approach directly or indirectly. A good offer package consists of the following:

  1. A firm profile (without identity for some presentations)
  2. Nondisclosure Agreement
  3. Detained Offering Memorandum (Confidential Descriptive Memorandum)

The Offering Memorandum

Tells the firm's story

Provides relevant facts other firms want to know including: