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  • December 15, 2010 | Practice News
    Best Practice: Ideas for a successful 2011
    Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. Our firm, a 12 attorney firm, in Detroit, is having a partner meeting next week focused on thinking about what we can do different in 2011 in order to have a more successful year. While we have a few ideas what are your thoughts? A. The economy is still posing challenges for many law firms and will continue to do so in 2011. Law firms must continue to be dilligent about managing costs but more importantly must really hone in on improving revenues. Here are a few ideas:
    1. Take a serious look at the firm's present position in the marketplace. Review financials, compare against financial ratios, compare with both firm past history and against law firm benchmarks. Examine how well the firm is competing. Is the firm too dependent on a narrow base of clients? Is the practice at risk? Conduct a client survey and obtain client feedback both on firm performance as well as possible unmet needs and opportunities. Consider a comprehensive management review.
    2. Formulate business goals and develop a strategic business plan as a roadmap for the future. Design and simplify business reports designed to measure the goals identified in the strategic business plan. Strive for a one page summary as the primary report.
    3. Require all timekeepers in the firm to submit personal one page business plans which in addition to outlining goals for the year provided fee revenue goals with an element of stretch. The goals should have a stretch component but yet be realistic and attainable.
  • December 14, 2010 | Practice News
    Workers' compensation hearings
    The House Special Committee on Workers' Compensation Reform is scheduled to meet tomorrow in Bloomington-Normal at 1:00 p.m. and in Mt. Vernon on Thursday at 11:00 a.m. The postings for these hearings may be found here.
  • December 13, 2010 | Practice News
    Stroh appointed associate judge in 11th, Orel appointed associate judge in 18th
    The Illinois Supreme Court has announced the appointments of Michael L. Stroh and James D. Orel to the position of associate judge. Stroh will reside in the 11th Judicial Circuit and Orel in the 18th. Mr. Stroh received his undergraduate degree in 1993 from Southern Illinois University and his Juris Doctor in 1996 from Southern Illinois University. He is currently affiliated with the Woodford County State’s Attorney’s Office in Eureka. Mr. Orel received his undergraduate degree in 1976 from Illinois State University and his Juris Doctor in 1983 from John Marshall in Chicago. He is currently engaged in practice with Garretson, Santora, Urgo & Nugent in Wheaton.
  • December 10, 2010 | Practice News
    Workers' compensation hearings
    The Senate Special Committee on Workers' Compensation Reform held a hearing in Chicago Wednesday. The written testimony submitted may be found here.
  • December 9, 2010 | Practice News
    Kiley appointed Chair of Supreme Court Committee on Courtroom and Judicial Security
    The Illinois Supreme Court has appointed Shelbyville Judge Michael P. Kiley as Chairperson of the Special Supreme Court Committee to Study Courtroom and Judicial Security.
  • December 9, 2010 | Practice News
    Collier recalled in 10th Circuit
    The Illinois Supreme Court has recalled retired Circuit Judge Glenn H. Collier to hold court in the Circuit Court of the Tenth Judicial Circuit through July 6, 2011.
  • December 8, 2010 | Practice News
    Parties' discovery depositions will soon be admissible in "rare, but compelling," circumstances
    Remember Berry v. American Standard? Here's how NIU Professor Emeritus Jeffrey A. Parness described the sad Berry facts in an IBJ column from September 2008 (his quotes are from the case): Berry's claim failed, Parness wrote, because he "died before his evidence deposition could be taken, his discovery deposition was inadmissible, and there was insufficient other evidence on liability even though defendants seemingly 'were in control of the discovery deposition' and had taxed the claimant, a terminally ill man, in ways that made 'it impossible for him to give an evidence deposition.'" Well, the Illinois Supreme Court just amended Rule 212, effective January 1, to give the trial court discretion to admit the discovery deposition of the next plaintiff in Berry's shoes. Quoting the Committee Comments: "It appears that there may be rare, but compelling, circumstances under which a party's discovery deposition should be permitted to be used. In the Committee's view, Berry presents such circumstances."
  • December 8, 2010 | Practice News
    Legal Tech: Texting clients
    By Peter LaSorsa In a recent survey more young people are utilizing text messages than email as a form of communication.  In fact, both Google and Facebook are investing heavily in the text message application space.  The difference between SMS (a text message) and email is not just the weight and friction of the user interface and cognitive load of having a subject line.  The main difference is in social and mental framing of that medium of communication. Sending a text message to someone’s Gmail or Yahoo mail does not make it an email.  Most young people (read this as your clients for the next 30 years) believe email to be too slow and formal and prefer to text.  As an attorney, a decision has to be made as to whether to fully engage in the world of text messages and if so, how will you preserve the client communication? There are times when a text message makes sense, your client is running late, do to a late train, the train is crowded and a phone call probably will sound garbled—instead a quick text (stuck on train is 15 min late k for appt?).  Whether we like it or not that is the way the 20 something generation thinks and communicates.  I quick text response of (fine) and the issue is solved.  The advantage to this type of communication is that you may be out of the office and rushing back for the appointment and now you can relax knowing you will have extra time. I know many will argue an email will accomplish the same task but only if both parties have smart phones with email capability. Additionally, if you are just getting out of court you may have 10 or 20 emails in your inbox and by the time you get to them, it is too late to take advantage of your extra 15 minutes.
  • December 7, 2010 | Practice News
    Illinois nursing home contracts: arbitration clauses allowed
    Time was when Illinois nursing homes were not allowed to include provisions in their contracts with residents under which the resident waived his or her right to a jury trial. So said the Illinois Nursing Home Care Act. Well, it doesn't say that anymore. The Illinois Supreme Court's ruling earlier this year in Carter v. SSC Odin Operating Co. voided the anti-waiver provision of the Act. The court found that "the Federal Arbitration Act ('FAA') preempts Illinois state law restrictions on arbitration agreements and they are enforceable, as long as they do not run afoul of the state’s laws that apply to any contract," writes Edward Clancy in the latest issue of ISBA's Health Care Law newsletter. Read his analysis.
  • December 7, 2010 | Practice News
    Redeploy Illinois decreases juveniles in justice system by 51%
    Purpose of Redeploy Illinois: The purpose of Redeploy Illinois [(P.A. 93-0641) December 2003] is to create financial incentives to keep youth in the local community rather than commit them to the Department of Juvenile Justice.  According to the current statute, each site is required to reduce juvenile commitments of non-violent offenders to the Department of Juvenile Justice (DJJ) by 25% in one year.  The program excludes murder and Class X forcible felonies. On April 7, 2009, Governor Quinn signed in to law Senate Bill 1013 (P.A. 95-1050) which will enable counties with fewer than an average of 10 commitments over the previous 3 years to access a pool of funding to enter in to an agreement to provide services to juveniles to avoid commitment to the Department of Juvenile Justice. Redeploy Illinois Sites: The original four Redeploy sites include: Second Judicial District (includes 12 counties in Southern Illinois:  Crawford, Edwards, Franklin, Gallatin, Hamilton, Hardin, Jefferson, Lawrence, Richland, Wabash, Wayne, and White), Macon County, Peoria County, and St.