Two Great ISBA Member Benefits Sponsored by
A Value of $1,344, Included with Membership

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.”

Networking and Social Event sponsored by the Illinois State Bar Association's Young Lawyers Division

ISBA YLD Wine Tasting
ISBA YLD Wine Tasting

Join your peers for an evening of socializing and wine tasting! 

When: Friday, February 27, 2015
5:30 – 7:30 p.m.

Where: ISBA Chicago Office - 20 S. Clark Street, Suite 900

Cost: $40 at the door

Online registration has closed, tickets are available at the door.

Asked and Answered

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

Q.  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.

Bundled with a complimentary Fastbook PDF download!

As part of the ISBA’s Practice Ready Series, this book is specifically designed to be a must-have resource for new attorneys and others wishing to brush up on their jury selection skills. It concisely walks you through each stage of picking a jury, from making the initial jury demand to challenging jurors during trial. The guide not only covers the procedural mechanics of jury selection, but also includes chapters on voir dire strategies, the psychology of picking a jury, and using the Internet in jury selection. Statutory and case law citations are provided throughout and most chapters include a list of helpful practice tips. The book is written by respected trial lawyer Michael J. Salvi and his son, Alexander. Order your copy today at!

Have questions about downloading or file formats? 

Published February 2015; 80 pages

The Diversity Leadership Award recognizes long standing, continuing and exceptional commitment by an individual or an organization to the critical importance of diversity within the Illinois legal community, its judiciary and within the Illinois State Bar Association.

Our panel of leading appellate attorneys review Friday's Illinois Supreme Court opinions in the criminal cases People v. Almond, People v. Mosley, People v. Boyce and In re the Interest of Jordan G.

People v. Almond

By Jay Wiegman, Office of the State Appellate Defender

Many people mocked Barney Fife for carrying a single bullet in his shirt pocket, but today's decision in People v. Almond, 2015 IL 113817, shows that to have been a wise policy.

Based on an anonymous tip that drugs were being dealt out of a store, police officers approached Almond (who had prior felony convictions), asked him what he was doing there and whether  he was in possession of any narcotics or weapons. The officer testified that the defendant said “I just got  to let you know I got a gun on me.” The defendant was frisked, and the gun was recovered. The defendant filed a motion to quash arrest and suppress  evidence. At a hearing on the motion, Almond denied that he was even asked whether he had contraband and denied he ever told officers that he possessed a firearm, claiming that he would not tell a police officer that  information  because  he knew “it’s wrong to have a gun.” The motion was denied. Following a bench trial, the defendant was convicted on all counts.

Join us in Chicago or via live webcast on March 18, 2015 to learn how you can effectively resolve disputes for your clients instead of incurring the expense of a hearing with this informative half-day seminar!

On June 1, 2015, civil juries will change in size from 12 members to six. The change in jury size, mandated by Pub. Act 98-1132, has led to two interesting discussions - whether a six-person jury requires new litigation strategies and whether the change in jury size is constitutional.

"We've had a 12-person jury going back to 1818, when Illinois was admitted to the Union," says Robert T. Park of Moline. Article I, Section 13 of the Illinois State Constitution states that "the right of trial by jury as heretofore enjoyed shall remain inviolate." Park wonders whether cutting jury sizes in half after almost 200 years "harms or changes" the right to trial by jury.

But Chicago personal injury lawyer Joseph A. Power says that the Illinois Supreme Court's decision in Wright v. Central Du Page Hospital Ass'n found that as long as the essentials of a right to trial by jury are not undermined, legislators can shape the contours. Find out more from Matthew Hector's article in the March Illinois Bar Journal.

The Illinois Supreme Court has announced dates for oral arguments for the March Term of Court, including the case of In re Pension Reform Litigation (Doris Heaton, et al. appellees v. Pat Quinn, Governor of Illinois, et al., appellants).

The Supreme Court will hear arguments for that case beginning at 2:30 p.m. on Wednesday, March 11, 2015 in the Supreme Court Courtroom in Springfield. Advanced Digital Media/Blueroomstream will live internet stream and serve as the pool camera for the oral argument.

Michael J. Tardy, Director of the Administrative Office of the Illinois Courts, announced Tuesday that the Twelfth Judicial Circuit judges voted to select Arkadiusz Z. Smigielski as an associate judge of the Twelfth Judicial Circuit.

Mr. Smigielski received his undergraduate degree in 1985 from DePaul University in Chicago, and his Juris Doctor in 1988 from IIT Chicago-Kent College of Law in Chicago. Mr. Smigielski is currently affiliated with the Law Offices of Smigielski & Wrobel in Homer Glen.