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Central Illinois

ISBA Immediate Past President Jack Carey (right) thanks Gary Cline of Springfield for his donation.
ISBA Immediate Past President Jack Carey (right) thanks Gary Cline of Springfield for his donation to the Illinois Bar Foundation.
Six Illinois State Bar Association members joined The Fellows of the Illinois Bar Foundation during the ISBA Annual Meeting last week. Additionally, eight Fellows increased their pledges to IBF. The weekend raised $31,000 for the Illinois Bar Foundation. New Fellows
  • Gary Cline, Springfield
  • Kenya Jenkins-Wright, Chicago
  • Julie Matoesian, Edwardsville
  • Daniel O'Brien, Carlinville
  • Marian E. Perkins, Chicago
  • Michael T. Reagan, Ottawa
Upgrades
  • William Anaya, Chicago
  • Perry Browder, East Alton
  • Thomas A. Else, Wheaton
  • Philip E. Koenig, Rock Island
  • Raquel G. Martinez, Chicago
  • Christine M. Ory, Wheaton
  • Perry Smith, Waukegan
  • Douglas B. Warlick, Geneva
As the charitable affiliate of the Illinois State Bar Association, the Illinois Bar Foundation’s mission is to ensure meaningful access to the justice system, especially for those with limited means, and to assist lawyers who can no longer support themselves due to incapacity.
Illinois State Bar Association General Counsel Charles Northrup highlights two of what he thinks are the most important changes from today's Illinois Supreme Court adoption of the New Rules of Professional Conduct for Lawyers:
  • "One of the most significant, if not the most significant, aspect of the adopted Rules is that they contain official comments. The comments give attorneys a readily accessible interpretation and explanation of the intent of the Rules. It will be an additional and important guide for lawyers when they are determining what their ethical obligations are."
  • "Another important aspect of the new Rules is the treatment of the Dowling case and the issue of flat or fixed fees. Many practioners were concerned about the treatment of these types of fees under Dowling and whether they fell within the definition of 'advanced payment retainers.' The new Rules clarify that flat or fixed fees are not advanced payment retainers, a position that was advocated by the ISBA."
More highlights from the Supreme Court's New Rules of Professional Conduct for Lawyers Announcement for the New Rules of Professional Conduct
A press release from the Illinois Supreme Court highlights some of the most important changes wrought by the new Illinois Rules of Professional Conduct. For example, the new rules "clarif[y] the earlier law and eliminate certain restrictions on the reasons for sale" of a law practice, "prohibit a lawyer from having sexual relations with a client unless a prior sexual relationship existed," and "[f]or the first time ... explicitly govern electronic [lawyer advertising] communications such as e-mail and websites." Here are the full highlights from the Illinois Supreme Court: 1. New Rules The Supreme Court of Illinois has adopted a number of ethics rules that have not appeared in any previously enacted conduct code. The new rules include, but are not limited to, the following:
  • a) New Rule 1.18. Describes important duties that lawyers owe to a prospective client arising from preliminary discussions before the creation of a formal lawyer-client relationship;
  • b) New Rule 2.4. Defines the duties of a lawyer who serves as a third-party neutral, such as a mediator or arbitrator;
  • c) New Rule 3.9. Articulates the duties of an advocate in a nonadjudicative proceeding, such as before a legislative body or an administrative agency;
  • d) New Rule 4.4(b). Addresses how a lawyer should respond when the lawyer receives a document that was inadvertently submitted to the lawyer;
2. Comments to the New Rules The new ethics rules contain comments that attempt to explain the rules, refer to court decisions relating to the rules and assist the lawyer in complying with the rules. The rules are authoritative; the comments serve as a guide.
09annualassembly-badges1The ISBA Assembly convened on Saturday, June 27, at the Abbey in Lake Geneva. Key debate was over the ISBA's 2009-2010 budget, which the Assembly passed. The new budget includes a change in reimbursement policy. These changes are:
  • The creation of a 75-mile radius threshold for the reimbursement of travel and lodging related to council and committee meetings. Those traveling from within that radius will not be reimbursed, those outside that radius will receive a 90% reimbursement. The Annual and Midyear meetings are excluded from this change.
  • Section council and committee members attending their meetings at the Annual and Midyear Meetings will receive a 90% reimbursement of their travel and lodging expenses.
  • Board of Governors members attending Board Meetings will be reimbursed at the rate of 90% of actual expenditures.
The Assembly also approved a number of election bylaw changes originally presented at the May 22, 2009, Board of Governors Meeting.

Para. 2.12

Candidates and persons supporting or endorsing candidates shall not use ISBA titles, or local or specialized bar association titles in ISBA mailings or publications or promotional materials developed by, or at the special request of, candidates. This exclusion includes affiliation, firm name, office, or title (including Honorable, Judge, or Past President and similar titles) of such candidate's committee or list of supporters.
It is tradition that longtime ISBA member John W. Damisch (John the Farmer) provides his personal recap from annual meetings. Here's hist take of the 2009 Annual Meeting at The Abbey in Lake Geneva. A preview: Again everyone at the party were dressed fit too kill....especially our leaders...all in tuxes. As I said I put my 53 year old tux on in the men's room....I had to spend about 10 minutes "sucking it in" and finally got the pants buttoned at the top. I had skipped lunch hoping that would help but it didn't.

15% discount on ABA books for ISBA members

If you’re an ISBA member, you’re entitled to a 15% discount on ABA books, including their great titles like How to Start and Build a Law Practice, 5th Ed; The Curmudgeon's Guide to Practicing Law; A Manual of Style for Contract Drafting, 2nd Ed; How to Build and Manage an Estates Practice, 2nd Ed; Letters for Divorce Lawyers: Essential Communications for Clients, Opposing Counsel, and Others; The Criminal Lawyer's Job: A Survival Guide Visit the ISBA store for details. ISBA Membership Mondays is a regular feature on Illinois Lawyer Now.
President O'Brien is sworn in by Illinois Supreme Court Chief Justice Thomas Fitzgerald as his wife Karen looks on.
ISBA President John O'Brien is sworn in by Illinois Supreme Court Chief Justice Thomas Fitzgerald as his wife Karen looks on.
John O'Brien
was sworn in as the new Illinois State Bar Association President on Friday before a sold-out crowd at the Annual Meeting in Lake Geneva. "I am humbled and honored to serve as the 133rd President of the ISBA," O'Brien said. "I am especially honored by the presence of so many past Presidents and I realize I would not be here without their encouragement. Their presence also reminds me that we  -- all of us -- owe a debt to the past and have a duty to the future of the ISBA." O'Brien, of Arlington Heights, is the founding president of the Illinois Real Estate Lawyers Association. He has been a champion of taking on the unauthorized practice of law by real estate companies and title insurance firms.  He was  elected to the ISBA Assembly in 1997. "We are called to service and tonight we rededicate ourselves to the ongoing struggle to attain access to a free and independent judicial system fueled by the hard work of lawyers and judges alike," O'Brien said. In 2002, he received the most votes for a seat on the Board of Governors.