YLD Bean Bag Party and Tournament photo gallery
DeKalb County Courthouse photo gallery
Advocates Society Installation Dinner photo gallery
Taste of France photo gallery
Peoria County Bar Association’s Lincoln Memorial Banquet photo gallery
President O’Brien presents “The Papers of Abraham Lincoln” photo galleryThe recession has increased pressure on lawyers to consider alternatives to the billable hour, write Patrick T. Driscoll, Jr. and Patricia M. Fallon in the latest ISBA Federal Civil Practice newsletter. “A client expects to pay a fee that corresponds, at least somewhat, to the amount of time spent by the attorney,” they say. “Unfortunately, one of the problems with the billable hours system is that it makes no distinction between the hour spent on trivial activities and the hour spent on substantive matters.”
Practice News
Act now to save legal aid funding
Gov. Quinn will announce his budget plan for fiscal year 2011 on Wednesday, March 10. For the first time in state history, the governor’s office has launched a website to gather public comment on what to include in the budget.
This is a chance to let the Gov. know the importance of civil legal aid in our communities. The Governor’s office is tracking the issues so your voice will be heard. The Illinois Equal Justice Foundation’s appropriation for civil legal aid was cut 50% this year – from $3.5 million to $1.75 million. Eight long-standing grantees were cut, no new programs were funded and the awarded grants were reduced 20%-79% compared to 2009. This means 37,000 fewer people will have their civil legal needs met at a time when legal aid is needed most.
Click here to post your comment to the Governor’s budget website
Wheatley fills Cook County Circuit Judge vacancy
The Illinois Supreme Court has appointed Arthur P. Wheatley as a Circuit Judge of Cook County, Seventh Subcircuit. This fills the vacancy created by the retirement of the Hon. Amanda Toney.
Wheatley’s term runs through Dec. 3, 2012.
“Limited scope representation”: what’s unbundling about?
You might have heard that the new Illinois Rules of Professional Conduct allow so-called “limited scope legal representation,” aka “unbundling” of legal services. Meaning what? Well, veteran lawyer John Phipps gives an example in the latest General Practice, Solo & Small Firm newsletter: “For example, a client might want to hire a lawyer to present their case or defend them in a small-claims case but limit the lawyer’s role to attend the hearing and either make a court presentation or advise a client as to how to represent himself or herself during the hearing.”
John explains further and describes what he regards as the benefits and possibilities of unbundling in his editor’s column. (Note: John speaketh for himself — the ISBA has yet to take a position on this issue.)
Best Practice: Eat what you kill compensation systems
Asked and Answered
By John W. Olmstead, MBA, Ph.D, CMC
Q. We are currently using an “eat what you kill” compensation system in our firm. Is this appropriate method for our firm to use?
A. It depends. You must ask yourself what kind of firm you want to be – a team-based firm or a group of space sharers or a partnership of individual firms. Such systems are not appropriate for law firms that want to build a firm and create a team-based practice since such compensation systems typically reinforce “lone ranger” behavior resulting in a “me first vs. firm first” orientation. It is hard to build a team-based firm with such an orientation.
However, some firms do not want to practice as team-based firms – they want to practice as groups of individuals. For these firms such a system may be appropriate. The challenge will be to nail down a method of allocation revenue and overhead that is fair and equitable to all members concerned. Compensation systems should do more than simply allocate the pie – they should reinforce the behaviors and efforts that the firm seeks from its attorneys. Many firms are discovering that desired behaviors and results must go beyond short term fee production and must include contributions in areas such as marketing, mentoring, firm management, etc. to ensure the long term viability of the firm. Eat-what-you-kill systems discourage these behaviors.
John W. Olmstead, MBA, Ph.D, CMC, is a past chair and member of the ISBA Standing Committee on Law Office Management and Economics. For more information on law office management please direct questions to the ISBA General ListServ, which John and other committee members review, or view archived copies of The Bottom Line Newsletters. John may be contacted via e-mail at jolmstead@olmsteadassoc.com.
Awarding attorney fees in fiduciary duty cases
“Since 1978 in the case of Glass v. Burkett, and to date with In re Talty, Illinois courts have made clear that they will enter [a fee] award against a person who breaches his fiduciary duty when that person benefits from the breach and causes harm to the party or parties to which they owe a fiduciary duty.” So write Lawrence E. Varsek and Roman Okrei in the latest Trusts and Estates newsletter.
Read their article and find out whether attorney fees might be available in your case.
“Using Mediation to Settle Disputes” to air on Judicial Perspective
Using Mediation to Settle Disputes will be the topic of “Judicial Perspective,” a half-hour cable program presented by the Illinois Judges Association (IJA), airing on Chicago Access Network Television, Channel 21 in Chicago, on Saturday, March 13 at 11 a.m., and Monday, March 15, at 9 p.m.
Appearing on the show to discuss mediation, increasingly being used as a tool to settle business and personal disputes outside of the courtroom, are three former Cook County judges who retired from the bench and now provide mediation services, including (from left) Karen Shields, James Henry, and Stephen A. Schiller. Also pictured is Cook County Circuit Court Judge Jesse G. Reyes, a previous IJA president who serves as moderator.
The Illinois Judges Association, formed in 1971, provides continuing legal support to members of the judiciary and education to the public on matters regarding the court system.
Abolition of the death penalty
The Illinois Coalition Against the Death Penalty is having a lobby day in Springfield on Thursday, March 11. They are inviting supporters to register and participate at the State House to lobby individual legislators. More information may be found here. House Bill 5687 (Yarbrough, D-Maywood) and Senate Bill 3569 (Delgado, D-Chicago) have been filed to do this.
Supreme Court amends rules for swifter appeals in child custody cases
The Illinois Supreme Court has amended its rules to provide a swifter means for achieving permanency and stability in child custody issues relating to divorce and parentage cases.
The rules changes allow the appeal of custody issues even if other matters in those cases are unresolved. The situation often arises in marriage dissolution cases that can linger over issues of property, spousal support and other matters; or in parentage cases where decisions affecting the rights and persons other than the child may be unresolved.
A primary change amends Supreme Court Rule 304 to allow a trial court’s permanent determination of custody to be appealed even if other issues in the underlying matter remain unresolved.
Why your lawyer won’t return your calls
Okay, this is pretty good: Why your lawyer won’t take or return your phone calls — top 10 reasons.
(Hat tip — Jeremy Reppy.)