Ballots for ISBA elections won't be distributed for another month, but it's not too early to get acquainted with the candidates' backgrounds. Voters have an extraordinary number of choices this year, with contested races for third vice-president, four of six board of governors seats, and the assembly. You can view candidate bios in the March Illinois Bar Journal.

ISBA Officers attended the ABA House of Delegates meeting earlier this month in Houston. On hand for the meeting were (from left): ISBA 2nd Vice President Vincent F. Cornelius, ISBA Immediate Past President Paula H. Holderman, ISBA President Richard D. Felice, ABA Past President Laurel G. Bellows, ISBA President-elect Umberto S. Davi and ISBA 3rd Vice President Hon. Russell W. Hartigan.

Q. My client wishes to pursue a course of action that, although it is perfectly legal, may not be in their best interest. Do I have a duty to advise them of this?A. Rule 2.1 states: “In representing a client, a lawyer shall exercise independent professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law but to other considerations such as moral, economic, social and political factors, that may be relevant to the client’s situation.” Comment 5 to that rule goes further and states: “In general, a lawyer is not expected to give advice until asked by the client.  However, when a lawyer knows that a client proposes a course of action that is likely to result in substantial adverse legal consequences to the client, the lawyer’s duty to the client under Rule 1.4 may require that the lawyer offer advice if the client’s course of action is related to the representation. A lawyer ordinarily has no duty to initiate investigation of a client’s affairs or to give advice that the client has indicated is unwanted, but a lawyer may initiate advice to a client when doing so appears to be in the client’s interest.”

Asked and AnsweredBy John W. Olmstead, MBA, Ph.D, CMCQ.  I am a partner and a member of the Executive Committee of a 250 attorney firm in the midwest. We have had a succession plan in place for several years for our senior partners. Several have completed their phasedowns successfully and others are struggling. One of our challenges is many of our mid-career partners are simply not ready. I would appreciate your thoughts.