Firm News

Don’t Do That! Chicago Bar Association Solo & Small Firm Committee Highlights

November 16, 2017 by Levinson and Stefani Leave a Comment

Ethics on chalkboard

Committee Chair Ken Levinson moderated the presentation by Ari Telisman, Senior Litigation Counsel for the Attorney Registration and Disciplinary Commission. This month’s topic was Ethical Considerations for the Solo and Small Firm Practitioner. They covered four main areas: Records Retention, Negotiations, Confidentiality and PMBR.

Here are some notes and highlights:

Records Retention

Illinois State Bar Association Professional Conduct Advisory Opinion No. 17-02 provides some specific guidance on how to dispose of those filed after seven years. In order to keep up with changing technology, there is a proposal to amend rule 769 allowing attorneys to “use industry standard technology” for file storage.

Not ordinarily a statement of material fact: Estimate of price or value Party’s intention as to acceptable settlement

DON’T DO THIS:

In employment discrimination claim, using expert’s report premised on plaintiff’s continued unemployment, when plaintiff just accepted a high-paying job. In re Filosa, 976 F. Supp. 2d 460 (S.D.N.Y. 2013).

Leading opposing party to believe your deceased client is still alive. In re Feofanov, M.R. 28675, 17PR9 (2017).

Negotiations

Ever wonder if your negotiating strategy might be going a little too far? RPC 4.1 covers the not making of false statements of material facts.

Confidentiality

Recently Ty Cobb, a member of the White House’s internal legal team was talking a bit too loud at lunch. IRPC 1.6(e) states “A lawyer shall make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to information relating to the representation of a client.” This include lunches!

DON’T DO THIS:

Here’s a photo of Ty Cobb & John Dowd casually & loudly discussing details of Russia investigation at @BLTSteakDC while I sat at next table. pic.twitter.com/RfX9JLJ0Te

— Kenneth P. Vogel (@kenvogel) September 18, 2017

PMBR
Beginning with registration for 2018, any lawyer who discloses that he or she does not have malpractice insurance (a practice we absolutely discourage) will be required to complete a 4-hour interactive, online self-assessment. The assessment is free, counts as CLE credit, and can be done in stages. Failure to complete the assessment by the end of the reporting year will prevent the attorney from having access to registration for the following year.

For a copy of the presentation, feel free to contact Ken.

Have questions? Feel free to comment below.

DePaul Law: Preparing to Practice

October 4, 2017 by Levinson and Stefani Leave a Comment

Jay Stefani at DepauL Law Seminar — Partner Jay Stefani participates in DePaul Law ‘Writing for Success’ panel last year.

They don’t teach business in law school.

That’s a common refrain we hear from lawyers all the time.

Fortunately, they do now. At least DePaul law does. According to their website:

Preparing to Practice (P2P): This year-long, required, 1L course prepares law students to more competitively and competently enter the professional world. P2P introduces 1Ls to the legal profession and provides an overview of the professionalism skills critical for success. For eight weeks each semester, students learn from Law Career Services (LCS) facilitators and practicing attorneys, mostly DePaul Law alumni. Students meet in assigned sections, watch online video modules, attend networking events, participate in mock and informational interviews, and work closely with their LCS advisors.

This Thursday, Jay will contribute to P2P speaking to students on a business of law panel discussing running/managing a law firm, marketing, etc.

We tip our hats to DePaul. In our view, more law schools should be providing business of law curriculum to students. Too many law students and young lawyers are admitted to the practice without even basic foundational business knowledge. For many of these young lawyers, this lack of preparation leads to a premature exit from the practice. Furthermore, lawyers who are ill-prepared from a business standpoint, can unwittingly subject their clients to negative consequences arising from poor business decisions.

Part of our firm’s ongoing commitment to the profession is preparing the next generation of lawyers for practice.

If you’re a law student, and have questions about running/managing a law firm, or anything else related to practicing, please don’t hesitate to ask in the comments below. We’ve been in your shoes. Now we’re here to give back.

Remembering Judge Bob LeChien

September 1, 2017 by Ken Levinson Leave a Comment

Our thoughts and prayers are with the family of St. Clair County Circuit Judge Bob LeChien, who passed away early yesterday after complications from surgery.

I got to know Judge LeChien over the course of a year. He presided over a jury trial that I handled nearly three years ago, involving my client, a nine-year-old girl, who was sexually abused by a day care owner. My client’s parents and their extended family were devastated. The case was among the more delicate I’ve handled in my legal career.

Given the nature of the situation, it was comforting to see Judge LeChien in action. He made every reasonable effort to make sure the process was as painless as possible. As a result, my clients were willing to provide uncomfortable but important testimony. Ultimately, it made the difference when it came time for the jury verdict.

This morning, as I stumbled upon LeChien’s obituary, I was reminded of his spirit and professionalism. He knew that at the heart of the case was a family suffering from trauma, betrayal, and even guilt. He didn’t show favoritism, but he understood what was at stake. Not all judges have that kind of talent.

Ken goes back to law school

August 24, 2017 by Ken Levinson Leave a Comment

One of the things I appreciate about my job is coaching future, aspiring attorneys as they begin their legal education. I’ve been doing this for many years, and once again I was asked to participate as a guest speaker during DePaul University’s welcome week for first-year law students. It was everything a practicing attorney could hope for in a group of law candidates—smart, insightful, ambitious.

For the non-attorneys out there, welcome week is perhaps one of the most memorable moments of law school. It typically begins with a brief introduction from the Dean of Students and ends with the most important of tasks: an oath of duty, recited just before breaking off into small group sessions in which a practicing attorney (me) leads a conversation about ethics and professionalism. Perhaps some do it differently but this has been my experience over the last few years, and it makes me appreciate the early beginnings of my own legal education.

That’s a brief way of saying that welcome week is an opportunity for young attorneys to get a taste of the next three years. Ethics, of course, is a big part of that. Part of my task was to introduce two hypothetical scenarios, each presented with several ethical dilemmas and gray areas that were not so easily dismissible. For example, one scenario dealt with an established attorney who encouraged a young legal associate to engage in unethical practices because, to paraphrase, “You’re young. You have your whole career ahead of you, so it doesn’t matter if you get caught now.” A second scenario dealt with a group of attorneys who liked to use hardball tactics to intimidate and frustrate the opposing counsel by sending documents at 11:59 pm on a Sunday. That led to a discussion about what might be considered technically legal but not necessarily professional.

The reasons for doing these exercises might seem self-explanatory, but they are beneficial on multiple levels. They are designed to give students a glimpse into their coursework, but also to stir debate about the nature of the profession, primarily how important it is to preserve your reputation, whether you’re a first-year attorney or one with decades of legal experience. The legal world is small; at some point, news gets around to other attorneys and judges. I went as far as to provide examples of similar situations that I’ve had to deal with in my legal career, including a hardened defense attorney who would not agree to an extension for one of my clients, who had a massive stroke just days earlier. The judge granted the request, and I doubt he’s forgotten how shallow and unprofessional it was for the defense to insist that my request be denied.

My goal for these types of mentorship opportunities is simple. I want to be helpful, and I want others to feel as though they learned something new. At the same time, I feel like I learn something new too.

Ken appointed Treasurer of the prestigious AAJ Trucking Litigation Group

August 14, 2017 by Levinson and Stefani Leave a Comment

In more news, founding partner Ken Levinson has been elected to serve as Treasurer of the American Association for Justice Trucking Litigation Group, a prestigious leadership role that will continue through 2018. Ken’s appointment was made official during the AAJ’s annual convention in Boston. He previously served as part of the Group’s Advisory Board.

The AAJ Trucking Litigation Group is comprised of nearly 500 lawyers from around the country and is considered one of the top two most successful litigation groups of the organization. The Truck Litigation Group often addresses lax federal, state, and local enforcement of trucking laws that in turn have an adverse impact on victims of trucking crashes. The Group effectively serves as an oversight committee for the trucking industry and the laws that govern its safety standards.

With advancements in technology, the trucking industry continues to evolve at a startling rate. One of the big issues related to commerce and legislation is the advent of self-driving trucks, which experts agree is an inevitability. As an elected leader of the litigation group, Ken will work with the executive committee members to draft official stances on things like self-driving trucks and government oversight, among many other tasks. Ken and executive committee members will also prioritize the enforcement of current laws as they pertain to the protection of plaintiffs.

The AAJ provides trial attorneys with information, professional support and a nationwide network that enables them to most effectively and expertly represent clients. The mission of the American Association for Justice is to promote a fair and effective justice system—and to support the work of attorneys in their efforts to ensure that any person who is injured by the misconduct or negligence of others can obtain justice in America’s courtrooms, even when taking on the most powerful interests.

Jay appointed Treasurer of the AAJ Sole Practitioner & Small Firm Section

August 4, 2017 by Levinson and Stefani Leave a Comment

Managing partner Jay Stefani will serve a one-year term as the newly elected Treasurer of the American Association for Justice Sole Practitioner & Small Firm Section, one of several appointments that took place at the annual AAJ convention in Boston. Jay previously served as Parliamentarian.

The Sole Practitioner & Small Firm Section focuses on issues affecting practitioners in small firms, including how to best market their practice, increase referrals, and gain visibility. The Section also addresses staffing issues, employee benefits, and law firm management.

In his new role, Jay will work to promote the Section and its objectives by coordinating with executive committee members to organize legal education seminars, networking opportunities, and information related to pending cases of interest to sole practitioners. As the managing partner of a solo/small firm in Chicago, Jay has worked with several local organizations, including his alma mater, DePaul University, to educate young attorneys about the prospects of owning a small firm and beyond.

A leader for AAJ over the last several years, Jay is also a member of the Trucking Litigation Group, Motor Vehicle Collision, Highway and Premises Liability Section, and the Nursing Home Litigation Group. He also works with the Trucking Litigation Group’s Side Underride Guard Task Force (2015-present), advocating for improved trucking safety in cities across the country, most notably here in Chicago.