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Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the civil cases Forest Preserve District v. First National Bank, In re Haley D., Crossroads Ford Truck Sales, Inc. v. Sterling Truck Corp., Nowak v. City of Country Club Hills and Reliable Fire Equipment Co. v. Arredondo.

Forest Preserve District of DuPage County v. First National Bank

By Michael T. Reagan, The Law Offices of Michael T. Reagan


Our panel of leading appellate attorneys review Thursday's Illinois Supreme Court opinions in the criminal cases People v. Hammond, People v. Gutman, People v. Villa, People v. Snyder and People v. Johnson. Click here to read about Thursday's Illinois Supreme Court opinions in the civil cases Forest Preserve District v. First National Bank, In re Haley D., Crossroads Ford Truck Sales, Inc. v. Sterling Truck Corp., Nowak v. City of Country Club Hills and Reliable Fire Equipment Co. v. Arredondo.

People v. Hammond

By Kerry J. Bryson, Office of the State Appellate Defender

 Hammondinvolves consolidated cases dealing with the power and authority of probation officers.  Two particular issues were considered: (1) whether a probation officer has the authority to file a petition charging a violation of probation, and (2) whether a State’s Attorney may overrule a probation officer’s decision to offer intermediate sanctions for a technical violation of probation pursuant to 730 ILCS 5/5-6-4(i).

The Court concluded that a probation officer’s filing of a petition charging a violation of probation was proper and did not violation separation of powers principles.  The State still bears the burden of proving the violation, and the court must still impose an appropriate sanction for the violation, if proved. 


ISBA Director of Legislative Affairs Jim Covington reviews bills in Springfield of interest to ISBA members. This week he covers: medical records of deceased family members (Public Act 97-623), mortgage foreclosure and abandoned residential property (Senate Bill 2534) and public administrator records (Senate 2536). Information on each bill is available below the video.

 


...there is still a way, because the Illinois Probate Act applies to "unionized" couples, Joanna M. Lekkas explains in the latest ISBA Trusts and Estates newsletter.

"Some of the most important rights afforded spouses under the Illinois Probate Act include the right to receive a spousal award, primary preference in nomination as representative of the deceased spouse’s estate, and the right to either half or the entire estate of the deceased spouse, depending on if the deceased spouse has children," Lekkas writes.

Of course, Probate Act protection is no substitute for a professionally drafted will and other good estate planning, she continues. "[I]t is important to keep in mind that only six states recognize these unions. Therefore, estate planning for disability and death remain important tools for same-sex couples." Read her article and find out more.


Appearing on “Understanding the New Illinois Civil Union Act” will be (from left) Jennifer Shaw, program moderator Nancy K. McKenna, Richard Wilson and Rachael N. Toft.
Appearing on “Understanding the New Illinois Civil Union Act” will be (from left) Jennifer Shaw, program moderator Nancy K. McKenna, Richard Wilson and Rachael N. Toft.

“Understanding the New Illinois Civil Union Act,” and “Protecting Against Employment Discrimination” will air on Chicago Access Network Television, Channel 21 in Chicago, on Tuesdays in December at 10 p.m. These half-hour programs are presented by Illinois Law, a cable production of the Illinois State Bar Association (ISBA).

“Understanding the New Illinois Civil Union Act” will air on December 6 and 20 at 10 p.m. Appearing on the show are Jennifer Shaw, of Jennifer A. Shaw, PC, in Edwardsville; program moderator Nancy K. McKenna, a Chicago lawyer; Richard Wilson, of Law Offices of Richard A. Wilson, PC, in Chicago; and Rachael N. Toft, of Law Offices of Rachael Toft, in Chicago.  Wilson and Shaw are members of the ISBA Sexual Orientation and Gender Identity Committee.


Asked and Answered

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

Q. Our firm has 14 attorneys. Just this year three of our more senior attorneys have had bar complaints filed against them. One has been disciplined by the bar. How can we improve this situation?

A. Hopefully you have the right attorneys on the bus and they actually care and see the importance and value of client service. If not - an educational program for the entire firm combined with a coaching program for the offenders, if needed, might be a starting point.

Here are a few other suggestions:

  1. Improve client selection. Learn to recognize problem clients and say no to some and do not represent them.
  2. Use engagement letters as a tool to manage client expectations. Under promise and over deliver.
  3. Ramp up your communications and communicate, communicate, communicate with clients as well as office team members. Communications problems with clients - both initially and later on in the engagement - is the root cause of most problems.
  4. Insure that you have effective office systems for managing client work production, conflicts of interest, calendar and docket control, and overall case management.

If all else fails you may have to roll up your sleeves that deal with a few problem partners.

Click here for our blog on client service

Click here for articles on other topics


The Illinois Supreme Court has announced that Freddrenna M. Lyle has been appointed Circuit Judge of Cook County, Second Subcircuit. This appointment fills the vacancy created by the retirement of the Hon. Michael W. Stuttley. It is effective Dec. 16, 2011 and terminates on Dec. 3, 2012.


Public Act 97-623 was signed into law effective November 23, 2011. It creates a procedure and statutory form to allow certain family members to get the medical records of deceased family members without being forced to open an estate. A surviving spouse may make a written request for a copy of his or her deceased spouse’s records if: (1) An executor or administrator has not been appointed for the deceased’s estate; or (2) The deceased did not appoint an agent under a power of attorney for health care who was authorized to act for the deceased after death, and the deceased had not specifically objected to disclosure in writing.

If there is no surviving spouse, the records may be released if requested in writing by (1) an adult son or daughter of the deceased, (2) a parent of the deceased, or (3) an adult brother or sister of the deceased. Senate Bill 1694 also amends the Illinois Power of Attorney for Health Care to allow an agent to access the principal’s medical records after the principal’s death if the principal has delegated that authority in the power of attorney.

A copy of the Act may be found here.


Asked and Answered

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

Q. Our firm has 25 attorneys. We are located in the greater Washington D.C. area. I am one of three members on the Executive Committee. While we try hard to effectively manage the firm too many people are trying to make decisions on behalf of the firm, therefore nothing is getting done. All of the partners continually second guess everything that our committee tries to do. I have been told that we need a governance plan. What is a governance plan?

A. Sounds like your practicing attorneys are spending too much time on administrivia and there is not a definitive outline of roles and responsibilities in the firm. Everyone is dabbling in the day-to-day maintenance and administration of the office, leading to decreased profitability and billable hours. Not only are each of you practicing law, you are also involved in the everyday management of the firm as it relates to finance, staff and systems. Clearly these are roles within the office that could be delegated to a trained and professional administrator. It just takes a little push of encouragement and trust on behalf of the partners to let go of the day to day details of running the firm.


The Illinois Supreme Court disbarred 7 lawyers, suspended 22, censured three and reprimanded five in its latest disciplinary filing. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics rules.

DISBARRED

  • Robert A. Drew, Marion

Mr. Drew, who was licensed in 1977, was disbarred on consent. He was convicted of attempting to provide contraband, heroin, to an inmate at the Federal Correctional Complex in Terre Haute, Indiana.  He was sentenced to 16 months in prison.

  • Scott Anthony Margherio, Metropolis

Mr. Margherio, who was licensed in 2009, was disbarred on consent. He made material omissions and misrepresentations to the Illinois Board of Admissions to the Bar and he was held in direct criminal contempt for appearing in court intoxicated while representing a client.

  • Jonathan D. McKee, University City, Mo.

Mr. McKee was licensed in Illinois in 1986 and in Missouri in 1987. He was disbarred in Missouri for misappropriating funds, falsely stating to a client that he had not received a settlement check from an insurance company, and for practicing law after he had been administratively suspended for failing to pay bar enrollment fees. The Supreme Court of Illinois imposed reciprocal discipline and disbarred him.