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  • October 23, 2017 | Practice News
    Online Guide to E-Filing and IOLTA
    To help Illinois lawyers prepare for mandatory e‐filing, the Lawyers Trust Fund of Illinois has published an online Guide to E‐Filing and IOLTA. Developed in collaboration with the Attorney Registration & Disciplinary Commission, the guide provides lawyers with practical information about making electronic payments from client funds held in IOLTA and other client trust accounts. By order of the Illinois Supreme Court, e‐filing in all Illinois civil cases will become mandatory on January 1, 2018. The e‐filing system, eFileIL, will accept payments for filing fees and other costs only through electronic payment methods such as credit cards, debit cards, and e‐checks. The Guide to E‐Filing and IOLTA anticipates questions and ethics considerations some lawyers may have as they adapt their trust accounting practices to accommodate electronic payments. E‐filing does not fundamentally change how lawyers should manage client funds held in IOLTA accounts. Electronic payments are permissible under the safekeeping of property rule (Rule of Professional Conduct 1.15), and lawyers’ duties under the rule remain the same. But for some lawyers, these new payment methods may raise questions about how to properly make electronic payments. The guide seeks to clarify how and when the electronic payment methods are permitted under Rule 1.15, and offers additional tips for lawyers about using these methods in connection with their IOLTA accounts. The Guide to E‐Filing and IOLTA is published online. Lawyers are urged to consult the guide. If they have questions they are encouraged to contact LTF.
  • October 19, 2017
    Quick Takes on Illinois Supreme Court Opinions Issued Thursday, Oct. 19
    Leading appellate attorneys review the Illinois Supreme Court opinions handed down on Thursday, October 19. The cases are People v. Reese, In re Destiny P., and Rozsavolgyi v. The City of Aurora. People v. Reese By Jay Wiegman, Office of the State Appellate Defender In People v. Reese, 2017 IL 120011, the Illinois Supreme Court considered several issues, the most prominent of which was whether the offense of aggravated vehicular hijacking requires proof that the defendant took actual physical possession of a vehicle from the driver. In a 6-1 decision, the court held that the “offense encompasses taking actual possession of a vehicle but may also be committed when a defendant exercises control of the vehicle by use of force or threat of force with the victim still present.”
  • October 19, 2017 | ISBA News | Events
    Tickets Now Available for 20th Annual YLD Holiday Party
    Mark your calendars for Thursday, December 7, to join us at the 20th annual ISBA Young Lawyers Division Holiday Party at Exchequer Pub in Chicago from 7:00-9:00 p.m.! This event is an opportunity to socialize, enjoy food and refreshments, and meet young lawyers from across the state while supporting a great cause. Proceeds from the holiday party will go to the Illinois Bar Foundation YLD's Children Assistance Fund.  Initially created to assist with the opening of children's waiting rooms in courthouses across the State of Illinois, the Children's Assistance Fund has since grown, and now provides funding to organizations across Illinois that provide legal assistance to children, maintain children's waiting rooms in courthouses, work to reduce recidivism of juveniles, and/or work to reduce the incidents of domestic violence in families with children. Tickets are now available online for $30, but may also be purchased at the door for $35.  Visit the website for more information.
  • October 18, 2017 | ISBA News
    IBF Gala Silent Auction Now Open
    Even if you can't attend this year's Illinois Bar Foundation Gala, you can still support the work of the IBF and this year's honoree, Senator Dick Durbin, by participating in the online silent auction. This year's packages include tickets to your favorite Chicago sporting events, luxurious hotel stays and getaways, fabulous adventures like exclusive dinner parties, wine and beer tasting events, date night ideas in downtown Chicago and beyond, and so much more. Visit the IBF website for online bidding instructions, tips, and tricks, and place your bids now. The auction closes at 10:00 p.m. on Friday, October 20.   
  • October 18, 2017 | ISBA News
    Privacy and Information Security Section Holds First Meeting
    The newly-created ISBA Privacy and Information Security Section held its first meeting at the Chicago Regional Office on October 17, 2017. The meeting kicked off with President Hon. Russell Hartigan delivering remarks to the section before moving to member introductions, mission statement discussion, and business items. The 35-member section, initially proposed by Ari Scharg, partner at Edelson PC in Chicago and section chair, and approved by the ISBA Board of Governors earlier this year, was created in recognition that the field of privacy law is evolving at an exponential rate. Its purpose is to serve as a comprehensive resource for lawyers who practice in or are interested in the privacy and information security space to learn about information sharing practices. It will also provide a forum to discuss global developments and emerging technologies that will disrupt current business practices; learn best practices and debate issues; and review, monitor, and propose relevant legislation.
  • October 18, 2017 | Practice News
    Best Practice Tips: Law Firm Merger Pitfalls to Avoid
    Asked and Answered By John W. Olmstead, MBA, Ph.D, CMC Q. I am a partner in a 12-attorney firm in Rockville, Maryland. We are a first-generation corporate transactional and litigation firm. The firm was founded by the four equity partners twelve years ago. We have been very successful over the years and this is borne out by our excellent financial performance. While we have done well in our core practice areas, we are considering diversifying our practice into government sector work due to our proximity to Washington, D.C. We are considering merging with a six-attorney (three partner) firm in D.C. that is totally focused on such work. Can you share with us any pitfalls that we should look out for?
  • October 18, 2017 | Practice News
    Is a Stipulation to Facts an ‘Admission’ After All?
    The accepted wisdom is that a civil defendant's conviction (e.g., for a traffic offense in a case based on a car wreck) is not a binding admission of wrongdoing — and thus is not admissible in the civil trial — if the defendant merely "stipulated" that the underlying facts are true and did not admit guilt. But in the August Trial Briefs, Winnebago County Circuit Judge Eugene G. Doherty points to a 35-year-old appellate case, Batterton v. Thurman, 105 Ill. App. 3d 798, 434 N.E.2d 1174 (3d Dist. 1982), that indicates otherwise. (Trial Briefs is the newsletter of ISBA's Civil Practice Section.) In Batterton, the court found that the defendant's stipulation to the underlying facts in a criminal proceeding constituted a binding admission and was admissible in the subsequent civil trial.
  • October 18, 2017 | CLE
    CLE: Illinois Water Quality Markets - Better, Faster, Cheaper [LIVE WEBCAST]
    Discover a new approach to addressing the ongoing problem of nutrient pollution in Illinois’ waterways with this online seminar! Don’t miss this comprehensive look at how a market-based approach to solving water quality problems may lead to cleaner water in a shorter timeframe and with less financial burden than traditional approaches. Environmental lawyers, administrative practitioners, and local government attorneys with all levels of practice experience who attend this online seminar on October 31, 2017 will better understand: what a market-based approach entails; how the trade of pollution reductions between different entities could be the answer to lowering nitrogen and phosphorus levels in our water; the potential challenges with this new approach (including local hot spots and market illiquidity); and how a properly designed market could address each of these challenges. The program is presented by the ISBA Environmental Law Section and qualifies for 1.0 hour MCLE credit. Click here for more information and to register.
  • October 17, 2017 | Practice News
    Statewide Pro Bono Survey Highlights
    In early 2017, the Illinois Bar Foundation joined the Illinois Supreme Court Commission on Access to Justice, the Chicago Bar Foundation, and the Public Interest Law Initiative in releasing a statewide survey to hear directly from attorneys about their experiences with pro bono. The Pro Bono Survey Project is part of a national effort spearheaded by the ABA Standing Committee on Pro Bono and Public Service to study broader pro bono trends across the country. Nearly 6,000 attorneys in every judicial circuit, county, and practice setting in the state responded to the survey. The thousands of responses reflect the diversity of both our state’s attorneys and their experiences with pro bono.  This month, as we celebrate Pro Bono Week, we would like to share some survey highlights and helpful websites to learn more about pro bono.
  • October 17, 2017 | CLE
    CLE: Solo & Small Firm Practice Institute Series - Momentum: Propelling Your Practice to Prosperity
    Gain the momentum you need to propel your practice to prosperity with this informative full-day seminar in Chicago or via live webcast on October 27, 2017! Learn how to run your practice with maximum profitability, hire and fire employees in your firm, maintain a virtual practice, and refer clients. In addition, attendees will gain a better understanding of: practicing on a budget for a financially-sound practice; how to build your firm with the best employees possible; the pros and cons of practicing virtually; the risks and benefits of accepting referral fees; how technology and ethics intersect; and much more! The program is presented by the Illinois State Bar Association and qualifies for 6.75 hours MCLE credit, including 6.75 hours Professional Responsibility MCLE credit (subject to approval). Click here for more information and to register.