Central Illinois

Central Illinois

• Woman gets 6 years for cutting brother-in-law during sex, Bloomington Pantagraph

Chicago area

• Barnes & Thornburg adds 5 BigLaw laterals in Chicago, ABA Journal
• Charges dropped in 20-year-old murder case, Chicago Sun-Times

Northern Illinois

• Quad-City Die Casting union files charges with NLRB, Quad-City Times
• Rockford design firm sued for piracy, fraud, Rockford Register Star

Southern Illinois

• Foreclosure rates double in Madison County, triple in St. Clair, Belleville News-Democrat

Nation

• U.S.

Last week the Supreme Court of Illinois issued new Illinois Rules of Professional Conduct to take effect Jan. 1, 2010. New Rule 3.9 has created quite a buzz among the lawyer-lobbyists as to what it means. It may have broader applicability than those of us who lobby in Springfield to include appearances before other governmental bodies. The Rule states that “A lawyer representing a client before a legislative body or administrative agency in a nonadjudicative proceeding shall disclose that the appearance is in a representative capacity and shall conform to the provisions of Rules 3.3(a) through (c), 3.4(a) through (c), and 3.5.” The incorporation of Rule 3.5 creates the buzz. Rule 3.5 prohibits ex parte communication with an official during the proceeding. Can this be construed to prohibit all lobbying by a lawyer-lobbyist unless it is part of a scheduled public hearing? In other words, is all I can do to lobby is testify in committee? No position papers to elected members of the General Assembly? No one-on-one individual lobbying? I can’t imagine that was the intent. Rule 3.5’s title is “Impartiality and Decorum of the Tribunal.” Key word is “tribunal.” It is defined in Rule 1.0(m) as follows: “Tribunal” denotes a court, an arbitrator in a binding arbitration proceeding or a legislative body, administrative agency or other body acting in an adjudicative capacity.

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