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  • May 15, 2014 | Practice News
    Ethics Question of the Week: Can I settle a malpractice claim directly with client?

    Q. I committed legal malpractice in a small dollar case. Can I settle my client’s claim against me directly with the client?

    A. Comment [15] to Rule 1.8 explains that such settlement agreements are not prohibited.  However, Rule 1.8(h)(2) expressly provides that a lawyer cannot settle a malpractice claim (or potential claim) by a former or unrepresented client unless the client is advised in writing of the desirability of seeking the advice of independent legal counsel and is given a reasonable opportunity to do so.

    ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

    [Disclaimer.  These questions are representative of calls received on the ISBA’s ethics hotline.  The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed.  The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]

    1 comment (Most recent May 15, 2014)
  • May 14, 2014 | Practice News
    What does the invalidation of Illinois' eavesdropping law mean for divorce lawyers?

    The Illinois Supreme Court's recent invalidation of the Illinois eavesdropping statute will affect lawyers in every practice area. But imagine the impact on family law, where surreptitious recordings of damaging revelations have, shall we say, been known to surface.

    The ruling means that "in general, we do not need to worry about breaking the law every time a client comes into our office with a recording," writes Matthew A. Kirsh in the latest ISBA Family Law newsletter. "Once the lawyer establishes that the recording is of a conversation that did not have an expectation of privacy, the lawyer should feel confident that listening to the recording is not illegal."

    Kirsh points out other byproducts of the ruling that will both simplify and complicate things for divorce lawyers. Read his article and find out more.

  • May 14, 2014 | Practice News
    Best Practice: Succession/exit strategy for law firm owner

    Asked and Answered

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

    Q. I am the solo owner of a six attorney insurance defense firm in Phoenix. The other five attorneys are associates - most of whom have been with me three years or less and had limited experience prior to joining my firm. I am 47 and am looking to start to wind down within five years and be totally out of the practice in 10 years when I am 57. I want to start thinking about my succession strategy early so I have time to execute it properly. I would appreciate your suggestions.

  • May 14, 2014 | Practice News
    Applications being accepted for superintendent of juvenile detention center

    The office of Circuit Court of Cook County Chief Judge Timothy C. Evans is now accepting applications from qualified individuals to serve as superintendent/executive director of the Cook County Juvenile Temporary Detention Center (JTDC).

    The search for a superintendent/executive director is a major component of Chief Judge Evans’s preparations for an orderly transition of the JTDC from a federal court appointed administrator to his office.

    The job posting will be available online at various websites, including the court’s web site, www.cookcountycourt.org. Applications will be accepted from May 13, 2014, to June 13, 2014.

  • May 9, 2014 | Practice News
    Illinois Courts Commission removes Cynthia Brim from bench

    The Illinois Court Commission removed Cook County Circuit Judge Cynthia Brim from the bench on Friday,

    Brim was accused of shoving a sheriff's deputy in 2012. She was charged with battery, but was found not guilty by reason of insanity.

    She was diagnosed with schizoaffective disorder, a bipolar type, and was hospitalized several times between 1993 and 2012.

    Read the full order at courts commission - brim .pdf.

  • May 8, 2014 | Practice News
    ISBA Statehouse Review for the week of May 8, 2014

    ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers Marriage rewrite (House Bill 1452), Disabled adults (Senate Bill 1051), UM/UIM arbitration (House Bill 5575), Sale of distressed condominium units (Senate Bill 2664), Eavesdropping, Workers' Compensation Act (Senate Bill 3287)  and Statutes of limitation (House Bill 5512). More information on each bill is available below.

  • May 8, 2014 | Practice News
    Burch appointed Circuit Judge for Calhoun County

    The Illinois Supreme Court has appointed Charles Henry Wittmond Burch to be a Resident Circuit Judge of Calhoun County. This appointment fills the vacancy created by the retirement of the Hon. Richard D. Greenlief. It is effective July 7, 2014 and terminates on Dec. 1, 2014.

  • May 7, 2014 | Practice News
    Ethics Question of the Week: Can I earn a fee for referring a client to another lawyer?

    Q. I sometimes refer clients to another law firm. Can I be compensated by that firm for the referral?

    A. Rule 1.5(e) states that a division of fees between lawyers who are not in the same firm can only be made if the division of fees is in proportion to the work done by each lawyer, the client agrees in writing, and the fee is reasonable. If the primary service performed is the referral, the fee can only be divided if each lawyer assumes financial responsibility for the representation, the fee is reasonable, and the client consents in writing.  See also ISBA Professional Conduct Advisory Opinion 90-18 and Donald W. Fohrman & Assocs, Ltd. V. Marc D. Alberts, P.C.,2014 IL App(1st) 123351 (Ill. App., 2014).

    ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

    Disclaimer.  These questions are representative of calls received on the ISBA’s ethics hotline.  The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed.  The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.

  • May 7, 2014 | Practice News
    Best Practice: Law firm overhead

    Asked and Answered

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

    Q. I am the managing partner of an 8 attorney firm in Carbondale, Illinois. Recently I was talking with the managing partner of a firm in the area and we were discussing overhead ratios and we seemed to have different definitions of overhead and I am wondering if we were trying to compare apples to oranges. Can you share your thoughts?

    A. I consider overhead to be the operating cost required to support the producers in the firm. This is a different statistic than expenses. Typically in a law firm overhead is all expenses except for attorney salaries (associate and partners) and benefits. Often overhead is used as various benchmark surveys. However, when determining net income or profit (the profit pool) expenses would include associate salaries and associate and partner benefits. In a professional corporation where officer salaries are expensed we typically add shareholder salaries back to the net income figure to determine the profit pool for benchmarking purposes.

    Click here for our blog on financial management

    Click here for articles on other topics

  • May 2, 2014 | Practice News
    Don Sheafor appointed Fayette County Resident Circuit Judge

    The Supreme Court of Illinois announced Friday the appointment of longtime attorney M. Don Sheafor Jr. as Fayette County Resident Circuit Judge of the Fourth Judicial Circuit. He will fill the vacancy created by the appointment of Judge S. Gene Schwarm to the Fifth District Appellate Court.

    Mr. Sheafor, 59, currently is a partner with the law firm of Burnside, Johnston, Sheafor & Connor which traces its history in Vandalia to the past 100 years. Mr. Sheafor also served as State’s Attorney for Fayette County, having been appointed in 1983 and serving two full elected terms until 1992. Over the course of his career, Mr. Sheafor has practiced in nearly every area of civil and criminal law and has tried hundreds of cases.

    Mr. Sheafor is a graduate of Eastern Illinois University, and received his juris doctor from Thomas Cooley School of Law in Lansing Mich. He was licensed and admitted to the practice of law in Illinois 1981, when he joined the Fayette County State’s Attorney’s office as an assistant prosecutor. He was in private practice at Sheafor & Day in St. Elmo from 1992 to 1996 when he joined the Burnside, Johnston Sheafor and Connor law firm.

    Under the Illinois Constitution, the Supreme Court is given the authority to fill judicial vacancies by interim appointment until the next election cycle.