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ISBA Director of Legislative Affairs Jim Covington reviews legislation in Springfield of interest to ISBA members. This week he covers FOIA (House Bill 4715), Juvenile justice (Senate Bill 2370), Counties Code (House Bill 4603), IMDMA cleanup (House Bill 3898), Cannabis civil penalties (Senate Bill 2228), Limited Liability Company Act (House Bill 4361), Income shares and child support (House Bill 3982), Land Trust Beneficiary Rights Act (House Bill 4697), Trust law (Senate Bill 2842) and Sex crimes against minors (House Bills 1127). More information on each bill is available below the video.

The Illinois Supreme Court announced Thursday changes to a rule that will slightly modify the deadlines to apply to take the Illinois bar examination.

The amendments to Supreme Court Rule 706, which governs the filing deadlines and fees to take the bar exam, will take effect July 1, 2016. The fees will not change under the rule amendment.

Under the amended rule, the on-time deadline to apply to take the February bar exam will be extended by approximately two weeks, from September 1 to September 15, and the final late deadline to apply for the February and July exams will be moved up by two weeks, from December 31 to December 15, and May 31 to May 15, respectively.

In this quick take practice tip, attorney Erica Minchella discusses dissolution and other considerations when unmarried clients take residential real estate title.

Asked and Answered

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

Q. I am the managing partner of a six attorney boutique estate planning practice located in Madison, Wisconsin. We had a great year last year financially as we have the last several years. However, this year (2016) we are off to a terrible start. Our new matter intakes are down by twenty-five percent. We have a very proactive marketing program - print advertisements, directory listings, top notch website, and we do seminars for prospective clients. I know other estate planning attorneys that do more seminars than we do. Should we be doing more seminars? I would appreciate your insight. 

Our panel of leading appellate attorneys review Thursday's top Illinois Supreme Court Civil opinions in Valfer v. Evanston Northwestern Healthcare, Fattah v. BimRichter v. Prairie Farms Dairy and Commonwealth Edison Company v. Illinois Commerce Commission.

Valfer v. Evanston Northwestern Healthcare

By Alyssa M. Reiter, Williams Montgomery & John Ltd.

This case explored the breadth of a hospital’s immunity under the Illinois Hospital Licensing Act. Following a peer review, the hospital revoked Dr. Valfer’s privileges to practice at the hospital. After Dr. Valfer sued, the hospital obtained summary judgment. The trial court agreed that the hospital was immune from damages under the Licensing Act and that it had complied with its bylaws and had not engaged in any willful and wanton conduct.

Our panel of leading appellate attorneys review Thursday's top Illinois Supreme Court Criminal opinions in People v. Hernandez, People v. Cotto and People v. Grant.

People v. Hernandez

By Jay Wiegman, Office of the State Appellate Defender

In People v. Hernandez, 2016 IL 118672, the Illinois Supreme Court built upon its recent decision in People v. Ligon, 2016 118023, and determined that the elements of armed robbery are not identical to the elements of armed violence.  Because armed robbery does not have the same elements as the lesser Class 2 offense of armed violence with a Category III weapon, which carried a lesser penalty, the Class X sentence for armed robbery imposed upon Hernandez did not violate the proportionate penalties clause of the Illinois Constitution.

Asked and Answered

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

Q. I am the sole owner of a 25-attorney litigation boutique firm in Los Angeles. I am the only equity partner with nine non-equity partners and 15 associates. I am concerned that if I don't provide a path to equity partnership, some of my senior talent may gradually defect to other firms or split off to create their own firms. I also believe that providing a path to equity partner for deserving non-equity partners is the right thing to do. Therefore, I am planning on admitting two non-equity members this year. Should I require capital contributions?

The Northern District of Illinois, Chicago Office is accepting applications for Assistant United States Attorney (AUSA) openings in its Criminal Division in Chicago, Illinois. The applicant selected will represent the U.S. Government as an AUSA in a wide range of unique and complex cases.

Required qualifications: Applicants must possess a J.D. degree, be an active member of the bar (any jurisdiction), and have at least 2 years post-J.D. experience.

Preferred qualifications: Excellent academics, significant litigation experience, criminal law experience (for our Criminal Division), strong legal writing skills, and a demonstrated commitment to public service.

United States citizenship is required.