Two Great ISBA Member Benefits Sponsored by
A Value of $1,344, Included with Membership
A must-have for all civil litigators. From Dog Bite to Divorce! Illinois Supreme Court Rule 213(f) & (g) applies to all civil litigation in Illinois. It governs the procedure for identifying trial witnesses and disclosing their proposed testimony.  The ISBA is excited to offer this update of our popular Supreme Court Rule 213(f) & (g) - Quick Reference Guide, last published in 2002. The Guide is a useful tool for quickly learning the law under Rule 213(f) & (g). It reviews all of the Illinois Appellate and Supreme Court decisions to date concerning Supreme Court Rule 213(f) & (g). In addition to a summary, the Guide organizes the propositions for which the cases stand by topics that can be quickly referenced during argument on a motion in limine or motion to bar opinion witnesses. As every litigator knows, the heart and soul of every case is presented through the witnesses who testify. Accordingly, being able to raise and respond to Rule 213(f) & (g) objections is an essential trial skill. This Guide is designed to help the litigator do just that! Written by Paul O. Watkiss, the Guide is published in a uniquely useful format and makes clear the pitfalls of ignoring its nuances.

The Illinois State Bar Association Young Lawyers Division will host a golf outing on Wednesday, Aug. 3 at Cog Hill Golf and Country Club in Lemont. This event will benefit the IBF/YLD Children’s Assistance Fund. The $150 ticket includes golf, cart, concession stand ticket, cocktails, dinner and CLE program. Tickets to attend just the evening dinner are $50 each. Many sponsorship opportunities are available, contact Janet Sosin at jsosin@isba.org for more information. Golf Outing Schedule:
  • 11:00 a.m. - Noon: Ethics CLE Program presented by Mary Andreoni, ARDC. Approval pending for one hour PMCLE credit. Cost of program is included in the golfer fee.
  • 1:00 p.m.: Shotgun Start
  • 6:00 p.m.: Cocktails, Dinner
IBF/ YLD Children’s Assistance Fund is a 501(c)(3) charitable entity

Asked and Answered

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

Q. I am the managing partner of a 35 attorney firm in Washington D.C. Governance consists of the full partnership on some management matters, myself at the next level, and a firm administrator. The administrator and I meet regularly to review accomplishments - but it seems like initiatives take forever to get implemented or never get implemented at all. Some are initiatives on my plate and some are initiatives on the administrator's plate. What are your thoughts?

A. I assume that you are a part time managing partner and that you are also servicing clients full time as well. It is difficult serving two masters - the firm (non-billable time) and your clients (billable time). Firm management issues always seem to take a back seat to client priorities. To do otherwise requires that you be very focused and effective time manager. You must balance both balls at the same time. Your administrator has a similar problem. His or her priorities are often focused on day-to-day operations management and there never seems to be time - especially large chunks of time - for long-term projects. Law firms have a hard time getting long term initiatives or projects such as the following implemented:



Karen Enright

Russell Scott
The Illinois State Bar Association's Board of Governors met for its quarterly meeting on Friday in Chicago. The Board elected Belleville attorney Russell Scott to be secretary and Chicago attorney Karen Enright to be treasurer. Judge Leonard Murray was named to fill a Cook County vacancy in the ISBA Assembly. Scott is a Senior Litigation Officer with Greensfelder, Hemker & Gale, P.C. and is Co-Manager of the Firm's Southern Illinois Practice Group. He is a past president of the Illinois Bar Foundation and was a inducted into the Academy of Illinois Lawyers in 2009. Enright has a personal injury trial practice and is a partner with Winters Enright Salzeta & O'Brien, L.L.C. in Chicago.

The Illinois Supreme Court has announced the appointment of Daniel Lawrence Peters as a Circuit Judge of Cook County, Fourth Subcircuit. This fills the position opened by the retirement of the Hon. Jennifer Duncan-Brice. It is effective Aug. 1 and terminates on Dec. 3, 2012.

ISBA’s Director of Legislative Affairs Jim Covington reports from Springfield on new legislation, including Legal Services Funding, Illinois Radon Awareness Act, Local Government Reporting Requirements, New Jurors and Fitness Hearings. View previous editions of the Statehouse Review.

In the latest Trusts and Estates newsletter, Mary Cascino flags an unintended and unwelcome byproduct of the new POA Act, which took effect July 1, and proposes some language to remedy the problem. The new Act "revises the statutory form in Section 3.3(c)...to state in paragraph 1 of the form: 'I...hereby revoke all prior powers of attorney...,'" Cascino writes. The problem? That language can be read to revoke not only prior statutory POAs but also routine limited agencies, including "special or limited powers of attorney such as those on file at a bank, investment house or corporation records." Not good. She recommends that lawyers avoid trouble by adding the word "statutory" to the new statutory form so it reads thusly: "I...hereby revoke all prior statutory powers of attorney...." Cascino notes that HB 1712, passed by the General Assembly but not yet signed by the governor, is designed to cure the problem by "identifying powers of attorney that would be excluded from such revocation...." But it won't take effect until January 1, 2012, assuming Governor Quinn signs it as expected. Her proposed fix would cover the gap between 7/1/11 and 1/1/12.


Judges Diane M. Shelley and Leonard Murray
ISBA's Joyce Williams to receive Chairperson's Award Cook County Judge Diane M. Shelley will be installed as chair of the Illinois Judicial Council at the organization’s 29th annual Installation and Awards Ceremony on Saturday, July 16, at the historic Parkway Ballroom, 45th and Dr. Martin Luther King, Jr. Drive, in Chicago. Chicago television anchor Diann Burns will act as Mistress of Ceremonies, and Cook County Circuit Court Chief Judge Timothy C. Evans will handle the swearing-in of new officers. Judge Shelley will succeed Judge Leonard Murray as Chair of the Council. Founded in 1982, the Illinois Judicial Council addresses problems common to black judges in Illinois and strives to enhance the image of the judiciary by serving as a collective voice in strong support of its members. This year’s ceremony will feature a tribute to the founders of the Council, including current members Judge Everette A. Braden (Ret.); Judges Sophia Hall; Blanche Manning; and, Judge Albert S. Porter (Ret.). Justice Marcus R. Salone of the Illinois Appellate Court First District will receive the Kenneth E.

As part of a special promotion, Dell is offering 25% off computers to ISBA members. This offer starts July 16 and continues through July 29. Call in only – please call an agent at (800) 695-8133 and use promo code “Hot Summer Savings” to receive the discount.

By John W. Olmstead, MBA, Ph.D, CMC Q. I am an 11-year attorney practicing at a small firm on the west coast. We currently focus on business litigation, employment litigation, corporate formation, bankruptcy, wills and trusts, and personal injury. We are trying to expand our practice into the area of insurance defense. To that end, I have been sending out correspondence to insurance companies offering my services in defense of general liability, property/casualty, and employment practices claims.  My goal would be to develop a regular stream of business from these types of cases, and to cross-market our other services to clients that come through insurance defense referrals. I am not sure if I am going about this the right way, and would like to seek your counsel. A. In all honesty, I have more firms asking how to diversify out of insurance defense into more self-insured and direct representation work. If you want to pursue this market you will need to become part of the club and do more than just dabble in this area. You will have to get on the "approved lists" of the various insurance companies. Once you are on these lists you have to entice claims manager to use you as opposed to other law firms that are on their approved lists. In other words, establish relationships with numerous claims manager throughout the company. This is harder than it used to be due to policies that many companies now have prohibiting various forms of networking such as dinners, gifts, ball games, etc. Now days it seems that educational venues is one of the few formats that is not frowned upon. You may also find that some companies reluctant to work with a firm your size.