Nominations may be submitted by mail to the Executive Director's Office, Illinois State Bar Association, 424 S. Second St., Springfield, Ill. 62701, or by facsimile to the Executive Director's Office at (217) 525-0712.
Candidates must have practiced law primarily in Illinois for at least 25 years, and demonstrated a commitment to the highest principles of legal practice through a pervasive record of service to the law, the profession and the public. A Laureate may be selected posthumously within three years of his or her death.
Each nomination should contain:
1. The full name and address of the nominee.
2. The name of his or her firm.
3. The location of his or her practice.
4. Complete biographical information.
5. A statement of reasons for nomination.
6. The name and address of nominator.
7. A limited number of references no more than 10 personal and 10 professional.
Some of the state's most distinguished lawyers and judges, such as ISBA past presidents, are not eligible. The Academy Board of Regents considers it most appropriate to continue to honor them as members of the ISBA Advisory Board.
Others who are not eligible for nomination include sitting members of the ISBA Board of Governors (and for 24 months thereafter); sitting Academy Regents (and for 24 months thereafter); sitting judges and justices.
The Academy was established in 1999 to celebrate excellence in the legal profession and to recognize lawyers throughout the state who maintain the highest of professional standards.
The annual class of 12 Laureates will be selected by the Academy Board of Regents from nominations of ISBA members who exemplify values, standards and ideals of the best of the legal profession.
Assembly to elect a pair of ABA House delegates
The ISBA Assembly will elect two at-large, under-age-35 members of the American Bar Association House of Delegates during its meeting Saturday, Dec. 15, at the Sheraton Chicago Hotel.
One delegate will be elected from downstate judicial districts and one from Cook County. Candidates must be ISBA members in good standing who will be under 35 on Aug. 8, 2002, the beginning of the ABA annual meeting in Washington, D.C.
The two incumbents, Keith E. Fruehling of Urbana and Franco A. Coladipietro of Chicago, are eligible for re-election. Coladipietro is a member of the ISBA Assembly and vice chair of the Young Lawyers Division Council.
The delegates elected in December will serve two-year terms that begin June 24, and they will join the ISBA delegation to the ABA convention in August.
Candidates' letters of nomination must be submitted to the executive director's office in writing, with support from at least 20 ISBA members from their respective areas. The filing period extends from Thursday, Oct. 25, until Wednesday, Nov. 21.
For information and a nomination form, call Karen Davidson at (800) 252-8908 or write to the ISBA Executive Director, Illinois Bar Center, Springfield, Ill. 62701.
Christian County, Decatur lawyers meet with board
Member of the ISBA Board of Governors will join the Christian County Bar Association for a dinner Thursday, Nov. 15, in Taylorville and a historic program at the County Courthouse, where an Abraham Lincoln impersonator will greet them.
The Board of Governors will convene at 8 a.m. Friday, Nov. 16, at the Holiday Inn, Decatur, and have a joint luncheon with the Decatur Bar Association.
The ISBA Midyear Meeting and the concurrent annual convention of the Illinois Judges Association will be held from Thursday through Saturday, Dec. 13-15 at the Sheraton Chicago Hotel. The ISBA Assembly will meet at 9 a.m. Saturday.
The ISBA Access to Justice Award luncheon will take place Thursday, Jan. 24, at the Standard Club, Chicago. It will be followed Jan. 25 by a Board of Governors meeting in the Park Hyatt Hotel.
The 125th anniversary of the Illinois State Bar Association will commemorated Tuesday, March 12, with a reception at the Old State Capitol in Springfield and dinner at the Crowne Plaza Hotel. A board meeting will follow at 9 a.m. Wednesday, March 13, at the Crowne Plaza.
The Board of Governors will hold its final meeting of the year on Friday, May 17, at the Ramada Inn, Fairview Heights, and will join the St. Clair County Bar Association for dinner May 16.
The 126th ISBA Annual Meeting will take place June 20 to 23, 2002, at the Grand Geneva Resort in Lake Geneva, with Loren S. Golden of Elgin succeeding Tim Eaton of Chicago as president.
ISBA distributes booklet for military and families
Copies of the ISBA publication, "Called to Duty," are being made available to the American Red Cross, National Guard and military reserve units, and in ISBA offices in Chicago and Springfield.
The booklet contains useful information for military personnel and their families about provisions that prevent financial hardships and other situations during periods of service in hostilities.
"Many of the protections available must be requested by service people," said ISBA President Tim Eaton. "They don't automatically apply. We think it's important that our service people, who are being asked to make personal sacrifices, know their legal rights."
Eaton has appointed a Special Committee on Legal Assistance to Military Personnel (LAMP) to provide additional assistance and expertise as needed.
Included in "Called to Duty" are highlights of the Soldiers' and Sailors' Civil Relief Act, the Uniformed Services Employment and Reemployment Rights Act, and Internal Revenue Service allowances. Names and telephone numbers of organizations that help provide legal assistance are included.
To obtain copies of the booklet, call the ISBA Public Affairs Department in Springfield, toll-free, at (800) 252-8908.
Seven Law Ed Series seminars are scheduled for presentation during the ISBA Midyear Meeting from Thursday, Dec. 13, to Saturday, Dec. 15, at the Sheraton Chicago Hotel. The dates and titles are:
Thursday, Dec. 13
"Labor and Employment Law for the General Practitioner," presented from 2 to 5 p.m. by the Labor and Employment Law Section.
Friday, Dec. 14
"Planning in the 21st Century for Today's Older Client," presented from 9 a.m. to 4 p.m. by the Elder Law Section.
"Family Law Update," presented from 9 a.m. to 3:30 p.m. by the Family Law Section.
"The Art of Jury Selection," presented from 9 to 11:50 a.m. by the Tort Law Section.
"Bridge the Gap Between Your Legal Education and Legal Career," presented from 1:30 to 4 p.m. by the Young Lawyers Division.
Saturday, Dec. 15
"General Practice Update," presented from 9 a.m. to 12:20 p.m. by the General Practice, Solo and Small Firm Section.
MJP is not a new issue, but a millennium reality
By Tim Eaton, President
The American Bar Association is studying the issue of multijurisdictional practice (MJP). The focus is on a lawyer's ability to practice outside of those jurisdictions where he or she is licensed.
This is not a new issue. For years, those of us in litigation have sought admission pro hac vice in cases pending in other jurisdictions although in some states recently, that is becoming more restrictive.
But those lawyers who represent clients in other jurisdictions on the transactional side either have to become licensed in that jurisdiction (not an easy task, even with reciprocal agreements among some states) or hire local counsel to work with them (an added expense to the client).
In this day and age of practicing in multiple states or even nationally, becoming admitted pro hac vice in lawsuits (which does not apply to pre-trial activities) or becoming licensed in more than one state, or in having to hire local counsel, are inadequate solutions. They are either too cumbersome or too expensive.
This federalistic approach to practicing law needs to be addressed, so the limitations imposed on how lawyers practice meet the reality of the 21st Century the technological advances that have been made in how we communicate, and on our ever-shrinking national and global economy.
So just what is the solution? We should start by rejecting any notion of a national licensing system. Continue to allow individual states to license and regulate lawyers within their borders. But within the existing system, there needs to be some flexibility.
Some have proposed compacts among bordering states that would allow Illinois lawyers, for example, to practice in Indiana, Wisconsin, Missouri or Kentucky. Regulation of that lawyer's conduct would remain with Illinois.
Some have even suggested that such a compact would require a lawyer to be registered in each of the states and pay a fee for the privilege of this reciprocal agreement. Washington, Oregon and Idaho are experimenting with such a plan.
More radical ideas have included allowing a lawyer to practice in any state in the Union, with any infractions being reported to the lawyer's home state. This is referred to as "the driver's license approach." If you receive a speeding ticket outside of your home state, it is reported to your home state and you are held accountable there.
This national license idea has been advocated by those who believe that statewide or regional regulation of lawyers is too parochial and out of step with the realities of today's practice.
These advocates point to the fact that most lawyers are licensed through a multi-state bar examination, and more and more commercial transactions are being governed by uniform statutes such as the Uniform Commercial Code or the Uniform Partnership Act.
The ABA Commission on Ethics 2000 is proposing a few smaller steps, which I believe should be given serious consideration. The commission would permit lawyers to practice in outside jurisdictions in the following situations:
A. Where a lawyer is preparing for a proceeding in which pro hac vice admission is expected.
B. The so-called "transactional exception," where a lawyer acts on a matter "that arises out of or is otherwise reasonably related to the lawyer's practice on behalf of a client" in the jurisdiction of admission.
C. The "in-house exception," where a lawyer is acting on behalf of an employer.
D. Where a lawyer is "associated in a particular matter" with a lawyer admitted in the jurisdiction.
There are those who would oppose any changes out of fear that multijurisdictional practice will mean encroachment of out-of-state lawyers on their existing practices.
But the reality is that many of the exceptions being proposed by the ABA commission are simply recognizing what lawyers are doing now, arguably within the parameters of our ethical code.
These measures seem to be safeguarding our rights and our clients' rights to have the lawyers they choose to represent them in these transactions.
They also allow us to compete with those national law firms or those national accounting organizations that have lawyers in multiple jurisdictions and are not restricted by the ethical obstacles imposed on smaller firms or sole practitioners who want to represent their clients outside of their states.
MJP is not MDP. It is about addressing lawyers' needs and addressing their clients' needs in a more flexible manner.
The ISBA Committee on Legal Education, Admission and Competence is studying the issues and would be interested in your comments. What do you think?
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Please respond to Tim Eaton's suggestions via e-mail to the ISBA executive director's office: rcraghead@isba.org.
(Glimpses from pages of the October 1991 issues of the ISBA Bar News.)
The ISBA Board of Governors voted to recommend to the Assembly that it oppose implementation of a proposed ABA model rule prohibiting ancillary businesses. . . Editors of ISBA newsletters were given qualified permission to express opinions that may differ from official bar association positions . . .
Illinois students assembled in Chicago for a Children's Bill of Rights Convention, sponsored by the Committee on Law-related Education for the Public, to draft a student Bill of Rights for ratification by their schools ... The new ISBA Traffic Laws and Courts Section, formerly a committee, was seeking members ...
John L. Nickels, then an Appellate Court justice, became the 1,500th member of the DuPage County Bar Association ... The Lake County Bar Association began developing Robert L. Snook Jr. Memorial Park in memory of a lawyer who was murdered in a robbery attempt ... A reorganization plan for the IICLE was approved by U.S. Bankruptcy Court in Springfield.
Can attorney blow the whistle on terrorist client?
By James J. Grogan
Every year, no fewer than 2,000 lawyers contact the Attorney Registration and Disciplinary Commission seeking advice. Most of the time, issues posed by those lawyers are uncomplicated and readily answerable by reference to a rule, case law, or an ethics opinion. Simple questions, simple answers.
Several years ago, the Supreme Court of Illinois authorized the ARDC to establish a formal ethics inquiry program. Beginning in 1995, lawyers could telephone the ARDC and obtain "general information and research assistance." No binding legal opinions are ever rendered, but helpful information concerning professional responsibility law is often given.
To protect both a lawyer who has questions and the process itself, the identity of a caller is never sought, no record of the call is ever maintained, questions are presented in a hypothetical manner, and information that is received can never be used in a disciplinary proceeding against a lawyer who calls the program.