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ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. In this episode he covers the rewrite of the Illinois Marriage and Dissolution of Marriage Act (House Bill 1452). More information on the bill is available below the video.

House Bill 1452, rewrite of the Illinois Marriage and Dissolution of Marriage Act. (

Modification.  The general rule is that a motion to modify an order allocating parental responsibilities may not be made within two years of the order’s entry. There are three exceptions to this general rule.

(1) A court is required to modify a parenting plan or allocation judgment if necessary to serve the child’s best interests if the court finds, by a preponderance of the evidence that:

Illinois Supreme Court Justice Mary Jane Theis announced on Thursday an application process for vacancies in the Fourth and Seventh Judicial Subcircuits of Cook County.

The Fourth Judicial Subcircuit vacancy was created by the retirement of Judge William J. Kunkle on July 2. Judge Kunkle had been a Circuit judge in Cook County since 2004.

The Seventh Judicial Subcircuit vacancy was created by the death of Judge Anthony L. Burrell on May 14. Judge Burrell had been a Circuit judge in Cook County since 2002.

Need to refer a potential client to someone? Can't remember the name of a member you met at an ISBA event? Want other members to be able to find you?

Use the new online Member Directory to find other members (and let other members find you.) Search by first/last name, city, county, zip, ISBA section membership, District, Circuit, practice area, and languages spoken. You can also add members to your contact list.

In some high profile cases nationwide, jurors have used social media while they're impaneled and been punished by the court. In other cases, judges have resorted to draconian measures to prevent the practice from happening in the first place.

But a recent study by two Chicago judges and an associate at a large Chicago law firm suggests that such punitive measures are unnecessary. Of the nearly 600 jurors they surveyed, most said they were not tempted to use social media. And those few who were tempted said they understood and respected the judge's instructions not to communicate about the case by any means.

The study, spearheaded by U.S. District Judge Amy St. Eve, who sits in the Northern District of Illinois, was conducted over three years by surveying jurors who heard civil and criminal cases in St. Eve's courtroom and those who heard criminal cases in the Chicago criminal courthouse before Cook County Circuit Judge Charles P. Burns, another study co-author. Michael A. Zuckerman, formerly a clerk for St. Eve and now an associate at Jones Day in Chicago, also participated in drafting the study's findings. Find out more in the July Illinois Bar Journal.

Q. Do my duties of confidentiality to former clients continue even after I leave my firm?

A. Comment 7 to IRPC 1.9 states that a lawyer changing professional association has a continuing duty to preserve confidentiality of information about a client formerly represented. However, this duty may not preclude a lawyer from using generally known information about that client. (IRPC 1.9, comment [8]). Comment [9] to the rule also allows for the provisions of 1.9 to be waived if the client gives informed consent. For a full understanding, please see IRPC 1.9.

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

DisclaimerThese 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.

Asked and Answered

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

Q. I am the sole owner of a four attorney general practice firm in Rockford, Illinois. I am 58 and realize that in the next few years I will need to begin implementing a succession and exit strategy by probably bringing in a partner. Two of the associates have no interest in partnership. However, the newest associate hired, who had his own practice for several years, does have such an interest. He is off to a good start as far as his production. However, I believe that he must be able to originate and bring in client business as well. So far his energy and focus has been totally on performing legal work. I want to get him started on the right track in order that I can make him a partner in a few years. Please provide any thoughts that you may have.

The Judicial Conference of the United States has authorized the appointment of a full-time United States magistrate judge for the United States District Court for the Central District of Illinois. The official location for the position will be Urbana, Illinois. Full-time magistrate judges are appointed to eight-year terms of office by the judges of each respective United States district court. The current annual salary of the position is $183,172.00.

As the next step in his efforts to give increased focus and resources to pretrial services operations, Circuit Court of Cook County Chief Judge Timothy C. Evans today announced that he has appointed an assistant chief and two deputy chiefs to lead the Pretrial Services Division of the Adult Probation Department.

The three individuals selected by Chief Judge Evans, their titles and responsibilities are as follows:

  • Juan Hinojosa, Assistant Chief to oversee the entire Pretrial Services Division;
  • Connie Williams, Deputy Chief for Chicago pretrial services operations in Central Bond Court; and
  • Michael Callahan, Deputy Chief for suburban pretrial services operations in Skokie, Rolling Meadows, Maywood, Bridgeview and Markham.

Omittance is no quittance. — Shakespeare

How many lawyers assist a client in forming a corporation, but merely assist in filing the annual reports and do nothing else? Failure to advise of the risk associated with this minimal approach may now more likely result in veil-piercing to reach the client for individual liability.

By Joseph R. Marconi1

Illinois courts have long held that the failure to follow corporate procedure may lead to the individual liability of a shareholder, director, or officer. Now, according to a recent case in the Appellate Court for the First District, even a non-shareholder — who is not an officer, director, or employee of a corporation — may be found individually liable for a judgment against a corporation where he exercises only equitable ownership and control over a corporation, even if there were no allegations that he engaged in any wrongdoing in the underlying case.

The Illinois State Bar Association’s Lawyer Finder Service provides referrals to local lawyers Mondays through Fridays. The Service makes referrals in a number of areas of law. For the month of June 2014, ISBA helped people in need of legal services find lawyers in the following areas:

Here are the results for June 2014: