Lisa M. Nyuli, partner at Ariano Hardy Ritt Nyuli Richmond Lytle & Goettel P.C., discusses how to plan in advance of a sudden disability or death. 

Asked and Answered  By John W. Olmstead, MBA, Ph.D, CMC Q. I am the owner of a six-attorney litigation firm in the San Francisco Bay area. I am 60 years old and starting to consider gradually transferring my interest to associates in the firm. I have heard other attorneys mention that I should get some goodwill out of my practice. I would appreciate your thoughts. A. Many law firm owners prefer to leave a legacy and keep the firm "within the family." They transition the firm to non-equity partners or associates in the firm at a discounted value, and buy-in as an incentive to stay on with the firm. 

Leaders of an organization discuss a proposed policy at a meeting, but ultimately decide against it. Later, an incident occurs that may have been prevented had that policy been put in place and the organization is sued for dismissing the proposed policy. An article in July’s Illinois Bar Journal discusses the implications of Glisson v. Indiana Department of Corrections, which held that a municipality and private contractors may be liable for failing to adopt a policy that was considered, but not implemented. The Glisson case may have a profound impact on Section 1983 actions.

Asked and Answered  By John W. Olmstead, MBA, Ph.D, CMC Q. I am the owner of a real estate practice in Rockford. I have two offices – one in Rockford and the other in Chicago. I started my practice 20 years ago and have had my associate for the past five years. He works in the Chicago office and I work in the Rockford office. Prior to this associate I had two other associates that did not work out. My present associate has 14 years’ experience and worked in three other law firms. I am not happy with his performance. The legal assistant that works with him has advised me that he often does not come into the office until 10 a.m. and often leaves in the middle of the day. Clients have complained that he does not return phone calls or emails. His production is low – his annual billable hours have never been above 1,200 hours. I am paying him a salary of $98,000. I have had numerous conversations with him about these issues to no avail. Frankly, I am sick of it – I don’t trust him and things need to change. What should be my next step?