Volume 42, No. 9
December 3, 2001
Bar, bench convene for annual year-end sessions
From the outset of the Minority and Women Participation lunch on Thursday, Dec. 13, through the conclusion of the Assembly meeting on Saturday, Dec. 15, the focus of the ISBA Midyear Meeting at the Sheraton Chicago Hotel will be on the Illinois courts.
Even the periodic business sessions of ISBA section councils and committees will go beyond routine agenda matters to develop recommendations for consideration during the Future of the Courts of Illinois Conference next April in Oak Brook.
The concurrent convention of the Illinois Judges Association, and some joint programs, will encourage opportunities for cross pollination of constructive ideas, as well as tributes to the judiciary.
Highlighting the Dec. 13 luncheon, ABA past president Martha W. Barnett of Florida will deliver a keynote speech that is expected to include a national perspective on capital punishment, which she opposes.
Death penalty issues also will be reviewed by the Assembly during a presentation on the status of the Illinois Governor's Commission on Capital Punishment.
Justices of the Illinois Supreme Court will be honored Dec. 14 during a dinner conducted by ISBA President Tim Eaton and CBA President Terrence M. Burns. Justice Thomas R. Fitzgerald will speak on behalf of the court.
Justice Thomas L. Kilbride will received an award for Distinguished Service to Law and Society from the Fellows of the Illinois Bar Foundation during a breakfast Dec. 14.
Chicago attorney and author Scott Turow is keynote speaker for the joint ISBA-IJA luncheon Dec. 14, at which retired judge Albert Green will receive a Lifetime Achievement Award. The IJA seminar, "Who Can You Believe? Objective Indicators of Deception in the Courtroom," will follow.
Among the six Law Ed Series seminars that will touch on court-related topics is the Tort Law Section presentation on "The Art of Jury Selection and Persuasion" that includes discussion of an American Bar Foundation study.
For more information about Midyear Meeting events, see the "Day to day" summaries on pages 5, 6 and 7, and the overview and registration form on pages 12 and 13.
Malpractice risk proposal moves on to ISBA Assembly
By Stephen Anderson
A modified proposal for an Illinois Supreme Court rule to require the assurance of financial responsibility among practicing attorneys has been adopted by the ISBA Board of Governors and will be discussed Saturday, Dec. 15, by the ISBA Assembly.
Without opposition, the Board of Governors voted Nov. 16 in Decatur to approve the draft in concept, as amended, and to ask the Assembly for concurrence.
"This is a good proposal, not a perfect one," said Edwardsville attorney John J. Hopkins, chair of the Special Committee on Attorneys' Financial Responsibility that drafted the new rule.
"Financial responsibility for attorneys is coming, and it will be better for the state bar association to be out front," Hopkins said, noting that the annual registration for Illinois attorneys now asks whether one has malpractice insurance.
Past president Herb Franks of Marengo agreed that the push for a financial responsibility rule originated in the Supreme Court. "Hold back your misgivings," he urged, "and vote for it as a matter of faith."
Moving adoption of the proposal, Franks added that as the bar association continues to oppose the unauthorized practice of law by non-lawyers, "we must hold ourselves to a higher standard."
Speaking against an alternate motion to delay action until more statistical evidence identifies the extent of the problem, President-elect Loren S. Golden of Elgin said, "We need to be able to tell the public that we are financially responsible."
Third Vice President Ole Bly Pace III of Sterling, who chairs the Task Force on the Unauthorized Practice of Law, agreed. "We don't just feel bad when something goes wrong" in a legal matter. "We're responsible, and our clients are protected."
The Board of Governors approved two amendments to the text of the revised rule proposal that was published in the November 1 issue of the ISBA Bar News, page 7.
An exemption for attorneys who receive less than $10,000 per year in attorney fees was deleted from the draft (section c., paragraph iii). This would have applied to part-time or semi-retired lawyers, or those moonlighting while otherwise employed full-time.
"Part-time practitioners should have the same level of professional responsibility," said board member Howard W. Feldman of Springfield, who offered the amendment.
Other board members said the exemption would exclude those who probably need to demonstrate financial responsibility the most, and that the exposure to malpractice is more important than the income level.
A second amendment (section c., paragraph ii) more clearly identifies attorneys engaged "exclusively" in private practice as full-time employees of non-governmental entities, such as in-house corporate counsel.
The proposed rule would provide that attorneys in private practice, and their law firms, maintain minimum levels of insurance or alternative mechanisms to compensate clients for losses due to professional liability.
The Supreme Court would be requested to adopt a rule that mandates the existence of minimal levels of malpractice liability coverage or financial instruments as a condition for licensing and annual registration.
ISBA members may view the proposal on the web site, www.isba.org.
Other Assembly items
Among matters on the tentative agenda of the ISBA Assembly for discussion Dec. 15 include a review of the audit report for the past fiscal year, an ISBA legislative program update, election of two under-age-35 members of the ABA House of Delegates, and consideration of several reports.
Presentations will be made by the Special Committee on ISBA Facilities, the Special Committee on the Future of the Courts Conference, the Task Force on the Unauthorized Practice of Law, and the Illinois Governor's Commission on Capital Punishment.
Informational reports will be provided by the ISBA Mutual Insurance Co., Lawyers Trust Fund, Illinois Bar Foundation and Lawyers' Assistance Program.
ISBA members considering attendance at all or portions of Law Ed Series seminars during the Midyear Meeting in Chicago are being offered a Mega Pass that provides for unlimited access to programs and coursebooks all three days. Use the registration form on page 13.
The cost of the Mega Pass is $250 ($300 for non-members), compared to the individual registration fees of $50 or $65 for each of the six seminars. Purchase of the pass also includes memberships in three ISBA sections or admission to a future seminar all in all, a value of up to $400.
$20,000 grant to LAP tops recipients
The largest grant allocated in October by the Illinois Bar Foundation is $20,000 to the Lawyers' Assistance Program. The award was made during the LAP annual dinner last month in Chicago (see photo at right).
LAP President Sheila M. Murphy, a member of the ISBA Board of Governors, accepted the grant and thanked the Bar Foundation for its continued support during the past 21 years.
The organization was established in 1980 by the Illinois State Bar and Chicago Bar Associations to provide education, counseling and interventions for attorneys and judges with performance impairments attributable to alcohol and drug dependencies.
Funded by the associations, their foundations and individual contributions, LAP has struggled to maintain and expand its level of service to the profession and to protect clients of impaired attorneys.
Chief Justice Moses W. Harrison II of the Illinois Supreme Court formed a committee last year, chaired by ISBA past president Timothy L. Bertschy, to recommend a procedure for consistent funding for LAP.
The ISBA had submitted a petition, which was supported by regional bar associations throughout the state, that the court consider a small registration fee increase to stabilize the development and administration of services provided by LAP volunteers.
After a comprehensive study of similar programs throughout the country, Bertschy's committee recommended a $7 annual charge to each registered Illinois attorney.
"The Supreme Court has accepted the recommendation for this funding," said Bar Foundation board member John W, Damisch, who investigated the LAP grant application.
"In order to put the funding in place, there must be enabling legislation passed by the General Assembly," he said, adding that if the legislation passes in early 2002, the fee could be added to ARDC registration notices in the fall.
"Until there is ARDC funding, we must keep LAP alive until help arrives," Damisch said. The Bar Foundation now has provided a total of $90,000 to LAP during the five most recent years.
The Lawyers' Assistance Program has been a neighbor of the ISBA Chicago Regional Office since April, when executive director Michael T. Reynolds relocated his office to the ninth floor at 20 S. Clark St. LAP's phone number is (312) 726-6607.
The space, previously occupied by the ISBA Mutual Insurance Co., also houses the Illinois Bar Foundation office of development director Susan M. Lewers.
Bar Foundation disburses $118,250
In a generous mood after the success of the Illinois Bar Foundation Gala on Oct. 5, the foundation board approved a total of $118,250 in grants during its meeting the next morning in Chicago.
Highest among the grants to bar-related, not-for-profit organizations were $20,000 to the Lawyers' Assistance Program and $9,000 to the Coordinated Advice and Referral Program for Legal Services.
LAP trains volunteers who provide peer counseling and intervention for lawyers and judges impaired by substance addictions. CARPLS maintains a Cook County legal assistance hotline that links several provider agencies.
The Bar Foundation also allocated $15,000 for the ISBA Future of the Courts Conference, which will be conducted in April in Oak Brook, and $2,000 toward publication of a revised edition of the ISBA Guide to Illinois Statutes of Limitations.
Several regional Court-Appointed Special Advocates groups received grants: CASA Champaign County, $3,500; CASA Kane County, $3,000; CASA LaSalle County, $3,500, and CASA Lee-Carroll Counties, $5,000.
Stories about the grant recipients and their contributions to the administration of justice and access to the legal system will be published in subsequent issues of the ISBA Bar News. Among them are:
Call for Help, Edgemont, $5,000; Chicago Legal Clinic, $4,000; John Howard Association, Chicago, $4,000; Lawyers Committee for Better Housing, Chicago, $2,500; LifeSpan, Chicago, $4,000; Midwest Center on Law and the Deaf, Chicago, $4,000; Neighborhood Law Office, East St. Louis, $4,000; Okaw Valley Boy Scouts, Belleville, $4,000;
Public Interest Law Initiative, Chicago, $4,000; Rock Island Children's Advocacy Center, $5,000; Tazewell County Advocacy Center, Pekin, $4,500; Trinity Amnesty Center, Aurora, $3,000; World Relief, Chicago, $3,000; YMCA Youth and Government, Galesburg, $3,750; Youth Service Bureau, Moline, $2,500.
LAP, Bar Foundation among Midyear Meeting exhibitors
The Lawyers' Assistance Program is one of several ISBA-affiliated organizations that will be represented Thursday and Friday, Dec. 13-14, during the ISBA Midyear Meeting to answer questions about services.
ISBA publications and member service opportunities will be on display at the Sheraton Chicago Hotel, and officials of the Illinois Bar Foundation and the ISBA Mutual Insurance Co. also will be available to discuss participation.
ISBA-affiliated travel program coordinators Carrousel Travel and Global Holidays will have brochures describing tours planned for next year (see page 18), and staff members will take early reservations.
Other orgainzations with informational displays of products and services include Attorneys' Title Guaranty Fund, Westlaw, Lexis Publishing, and Seabury & Smith, administrator of ISBA insurance programs for lawyers and law firm support staffs.
The Lawyers' Assistance Program officials will conduct a training session for intervenors and peer counselors from 2 to 6 p.m. Dec. 14 at the Sheraton (see page 6).
Three board members consider run for 3rd v.p.
Although the filing period for spring elections does not open until Jan. 15, at least two Cook County members of the ISBA Board of Governors have announced their intentions to run for third vice president.
They are Robert J. Downs, a partner in the Oak Park firm of Downs & Downs, and Russell W. Hartigan, a partner in Hartigan & Cuisinier, Chicago.
A third board member, Stephen M. Komie of Komie & Associates, Chicago, said last month that he also is circulating petitions and "exploring" a run for third vice president.
In addition to the election of a third vice president, nine seats on the Board of Governors will be filled. Two of the nine incumbents are not eligible for re-election to either three-year or one-year terms.
Some of the eligible incumbent board members may serve only one additional year before exceeding term limitations, due to recent restructuring of the election process. The opening seats and the members who now hold them are:
Under Age 37, Cook County Anthony M. Farace of Chicago is eligible to serve one additional year.