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


It may come as a surprise to more than a few lawyers, but as of July 1, 2017, faxing documents is no longer a proper method for serving them. What's more, attorneys must include an email address at which they can be served with documents on their appearances and pleadings.

Why? Because the Illinois Supreme Court revised Illinois Supreme Court Rule 11 to mandate email service of documents filed with the court. It also eliminates facsimile service entirely. The changes were announced June 22.

The effective date of the rule amendments coincides with the day the supreme and appellate court were required to switch to the new e-filing system (circuit courts make the switch on January 1). The supreme court has made its intention clear - modernizing Illinois' court system is a priority.

According to new Rule 11(c), documents must be served via email unless certain exceptions apply. Documents may be attached to the email, or the serving party can include a link in the body of the email that will allow the recipient to download documents from a reliable service provider. If an email is rejected or otherwise returned as undelivered, the emailing party is responsible for ensuring that the document is actually delivered.



Asked and Answered

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

Q. I am an associate attorney in a 10-attorney firm in Atlanta. The firm represents mid-size to small businesses. There are six partners and four associates in the firm. I joined the firm after graduating from law school two years ago. All of my work is given to me by the partners and since joining the firm, I have not brought in any clients. When I joined the firm, I was told not to worry about bringing in clients – the firm has plenty of work. I am paid a salary and a bonus if my billable hours are at a certain level. There appears to be no desire by the partners for me to spend time developing clients. I have talked with my peers in other law firms who tell me that this is short-sighted, and that developing clients is a major factor in their firms for associates to be considered for partnership. I would appreciate your thoughts on what I should be doing and what direction I should take.



Are you aware of the statutes and ordinances affecting the rights of both landlords and tenants? Do you know how Illinois’ Landlord and Tenant Act and local ordinances are enforced? Are you ready to handle your next eviction case? Join us on October 11, 2017 for this one-hour live webcast that offers a basic guide to landlord remedies and tenant rights. Real estate lawyers, general practitioners, and new attorneys who are likely to represent clients with landlord or tenant concerns – particularly those practicing in the Chicago area – who attend this online program will better understand: the statutory processes for eviction; the landlord’s Duty of Habitability; the tenant’s rights and recourse for unlawful eviction; and the tenant’s options when a lack of habitability exists. The program includes potential scenarios and the litigation claims/defenses each side has against the other.

The program is presented by the ISBA Real Estate Law Section and qualifies for 1.0 hour MCLE credit.

Click here for more information and to register.


The Illinois Supreme Court announced the filing of lawyer disciplinary orders on September 22, 2017. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.

DISBARRED

  • James M. Allen, Dixon

Mr. Allen, who was licensed in 1967, was disbarred on consent. He was arrested in December of 2015 after causing an automobile collision on his way home from a bar. The driver of the other vehicle sustained permanent injuries as a result of the collision. Mr. Allen subsequently pled guilty to one count of aggravated DUI and was sentenced to 24 months of probation. Mr. Allen was the subject of two prior disciplinary proceedings, once of which arose from another aggravated DUI conviction.



Travelers on the recent ISBA-sponsored trip to Ireland met with members of the Supreme Court of Ireland and toured Dublin’s historic Four Courts building, which houses the Irish Supreme Court, the Court of Appeals, the High Court, and the Dublin Circuit Court. Pictured from left to right are ISBA member Hon. Martin J. Mengarelli of the Third Judicial Circuit, Irish Supreme Court Justice Peter Charleton, ISBA member Hon. Michael P. McCuskey of the Illinois 10th Judicial Circuit, ISBA President Hon. Russell W. Hartigan (ret.), Irish Supreme Court Justice Elizabeth Dunne, and ISBA member and Oak Brook lawyer Margaret A. Bennett.


The Illinois State Bar Association (ISBA) seeks an energetic legal professional to manage the production of the Illinois Bar Journal (IBJ) and oversee the production of ISBA section newsletters, the IBJ advertising program, and the Illinois Courts Bulletin. The Illinois Bar Journal Managing Editor position will be based in the Springfield, Illinois headquarters of the ISBA.

ESSENTIAL JOB FUNCTIONS 

  • Manage production of the monthly Illinois Bar Journal, in consultation with the IBJ Editor & Publisher; solicit, edit, and manage content-flow of articles; generate timely and high value article ideas; create content for IBJ (e.g., columns); supervise freelancers who produce lead articles and columns; manage relationship with IBJ printer; perform online indexing and subject-matter tagging.
  • Oversee production of ISBA section newsletters (day-to-day management performed by newsletter managing editor).
  • Oversee the IBJ advertising program (day-to-day management performed by advertising coordinator).
  • Proofread and edit the Illinois Courts Bulletin.
  • Author weekly blog post for Illinois Lawyer Now.
  • Serve as staff liaison to the Illinois Bar Journal Editorial Board.
  • Stay abreast of developments in digital information technology (e.g., apps, tablet-friendly versions) and implement as appropriate.


Leading appellate attorneys review the Illinois Supreme Court opinions handed down on Thursday, September 21. The cases are People v. PetersonPeople v. Gray, People v. Holman, People ex rel. Madigan v. Wildermuth, In re Linda B., Cochran v. Securitas Security Services USA, Inc., Illinois Landowners Alliance, NFP v. Illinois Commerce Commission, Aspen American Insurance Company v. Interstate Warehousing, Inc., and Manago v. County of Cook.

People v. Peterson

By Kerry Bryson, Office of the State Appellate Defender

In 2004, Drew Peterson’s ex-wife, Kathleen, was found dead in her bathtub.

Her death was initially ruled accidental. In 2007, after Peterson’s then-wife Stacy disappeared, Kathleen’s body was exhumed and two additional autopsies were conducted. Both concluded that the manner of death was homicide. Peterson was charged with Kathleen’s murder in 2009, and was convicted in a 2012 jury trial.



Back by popular demand! Don’t miss this full-day seminar on October 9, 2017 in Chicago or Fairview Heights that arms you with the information you need to successfully handle your next workers’ compensation case! Labor and employment attorneys and workers’ compensation practitioners attending this seminar will better understand: how orthopedic physicians diagnose and treat workers’ compensation injuries; the recent rule changes at the Illinois Workers’ Compensation Commission; the ethical issues to avoid during your next workers’ compensation case; how to prepare and present your arbitration case; how to coordinate workers’ compensation benefits with the Public Employee Disability Act; and recent case law updates that may affect your client.


The Illinois Supreme Court hosted a memorial service today in honor of the late Justice John J. Stamos at the Illinois Supreme Court in Springfield. Chief Justice Lloyd Karmeier delivered the opening and closing remarks. Among those in attendance to pay tribute to Stamos was Hon. Russell Hartigan. 

Stamos passed away in January 2017 at the age of 92. He was first appointed to the bench in 1968 and served on the First District Appellate Court of Illinois for 20 years before his appointment to the Illinois Supreme Court in 1988. Read Hon. Stamos's full obituary on Illinois Lawyer Now.

 



It's not unusual to hear judges and lawyers - mostly judges - talk about how many pro se litigants they encounter these days. And the eye-popping statistics more than bear out the anecdotal evidence.

Data from the Administrative Office of the Illinois Courts ("AOIC") show that in 2015, nearly two-thirds of total civil cases outside Cook County - 65.2 percent - had at least one self-represented litigant. For certain types of cases, this figure rises as high as 80 percent. In addition, the court system is facing the facts that one out of five Illinois residents speaks a language other than English at home according to U.S. Census data, the number of Illinois residents below the poverty line has grown, and the number of pro bono attorneys has not kept pace.

"People are self-represented for a whole host of reasons," says Danielle Hirsch, assistant director of the AOIC's Civil Justice Division. "Some can't afford representation, some don't know where to find it, and some are do-it-yourselfers who want the sport of trying it on their own. It would be hard to treat them as a monolith." Hirsch adds that in practice areas like small claims or family, "the default is self-representation." And defendants overall are about two-thirds pro se, she says.