Liability Minute


What Should You Do If You Get an ARDC Complaint?

February 2, 2021: ARDC complaints can happen, but you might not know how to handle them. We have consulted with our ARDC counsel in order to create a guide on what to do if you were to receive an ARDC complaint. Follow or reference these easy steps in order to ...
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The Moonlighting Lawyer

January 5, 2021: Many lawyers choose to moonlight not taking into account the possible ethical and liability traps. In this blog, we'll go over the different types of possible traps moonlighting lawyers can fall into and how to avoid them using concrete examples and how firms should implement a moonlighting ...
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The Deadline to Provide Anti-Sexual Harassment Training to Employees is Approaching: Act now!

December 8, 2020: The deadline to comply with Illinois' new anti-sexual harassment training requirement is approaching. Contact the Illinois Department of Human Rights to find out more information about this requirement.  ACT NOW: December 31, 2020 is the deadline to provide anti-sexual harassment training to your employees to comply with ...
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Essential Considerations When Naming Your Law Firm

October 8, 2020: Naming your firm is an important task. There are many ethical traps lawyers can fall into if they're not careful when choosing a name. We've outlined the many conventional naming practices for law firms and what each one can imply if not applied in the right context ...
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Waive Your Worries Goodbye: The 4-step Process to Securing a Conflict of Interest Waiver.

September 1, 2020: Learn how to avoid Conflicts of Interest by securing a conflicts of interest waiver by following these 4 easy steps.  Conflicts of interest can present mere road bumps in the course of an engagement when addressed via appropriate conflict waivers. But lawyers too often fail to take ...
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To Keep or Not to Keep: That is Always the Question.

July 15, 2020: Lawyers tend to accumulate a large volume of files, whether in hard-copy form, in electronic storage, or both. For many of us, the top question on our minds is, “when can I safely get rid of these?” As a lawyer who practices in the areas of legal malpractice ...
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What the Amendment to Rule 756(e) Means to You

May 31, 2018: Illinois Supreme Court Rule 756(e) was adopted at the urging of the Illinois Lawyer Registration and Disciplinary Commission (ARDC) and requires private practice lawyers who don’t have professional liability insurance to undergo a four-hour, interactive self-assessment of risk. Illinois Supreme Court Rule 756(e) was adopted at the ...
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Protection Reflection: The Supreme Court Rules Allow Partners To Limit Their Liability

May 9, 2015 The future ain’t what it used to be. — Yogi Berra Many lawyers are still unaware that effective July 1, 2003, our Supreme Court promulgated rules which conferred protection from professional liability in certain circumstances. Illinois Supreme Court Rules 721 and 722 allow lawyers in Illinois to protect ...
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Record Retention Obligations: Acing The Audit

December 25, 2014: Lawyers have traditionally created a great deal of paper. The amount of information kept on paper has been reduced as lawyers have been pulled into the electronic era by their more advanced clients. In this new era, the prevalence and sheer amount of electronic data created and ...
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Don’t Let Cybersecurity Breaches Lead to Legal Malpractice: The Fax Is Back

September 23, 3014: E-mail and wire fraud risks increase in a cloud-based world. Data management safeguards can prevent possible legal malpractice from cyber-security breaches. It’s cloud’s illusions that I recall I really don’t know clouds at all… — Judy Collins Back in July of 2011, we warned of a then popular ...
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Debt Collectors Beware: Venue Provision of FDCPA Reinterpreted

September 11, 2014:  Recent federal court decision reinterprets the Fair Debt Collection Practices Act (FDCPA) and may create venue defense for current or future debtor defendants in debt collection suits.  Neither a borrower nor a lender be… — Shakespeare Recent federal court decision reinterprets the Fair Debt Collection Practices Act ...
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Not Only Shareholders Get Pierced

September 9, 2014: How many lawyers assist a client in forming a corporation, but merely assist in filing the annual reports and do nothing else? Failure to advise of the risk associated with this minimal approach may now more likely result in veil-piercing to reach the client for individual liability ...
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Illinois’ Limited Liability is Unlimited

April 1, 2014: In a case of first impression, a First District Panel of the Appellate Court of Illinois issued an opinion confirming immunity from liability arising from fraud under the Illinois Limited Liability Company Act (“LLC Act”) (805 ILCS 180/10-10). Careful lawyers must consider the Illinois law before forming ...
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’Til Death Do Us Impart

Jun 11, 2013: Estate planning often involves multiple professionals who must exchange confidential information regarding their clients’ affairs. The Illinois Court of Appeals provides an insightful opinion regarding when such privileges terminate, who can waive them after the client’s death, and what actions, if any, would put confidential information “at ...
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The Contractual Arbitration Limitation Period for Uninsured Motorist Insurance Policies

January 11, 2013: Even neophyte attorneys understand that their clients’ actions can be barred if they miss a statutory limitations period. However, experienced attorneys may forget that when handling claims against insurance companies under their clients’ uninsured or underinsured motorist coverage a contractual two-year limitation(2) will trump any longer statutory ...
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The Incredible Shrinking Limitations Period

December 5, 2012: Claims involving special defendants, such as municipalities, mass transit companies, school and port districts, are subject to a special one year limitations period. Certain claimants, including policemen, firemen, and guardsmen, must make claims for death benefits within a year of death. In some cases, a special notice ...
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Court Rejects the Fiduciary Duty Exception

June 1, 2012 Two recent cases out of the First District of the Appellate Court in Illinois have bolstered the right of attorneys to assert the attorney client and work product privileges to withhold documents in the context of a malpractice claim against them. In Garvey v. Seyfarth Shaw LLP, ...
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Illinois Attorney General Providing Debt Settlement Services

June 1, 2012 For the past several years, Illinois Attorney General (“IAG”), Lisa Madigan, and the State of Illinois have conducted a campaign against companies that purport to assist distressed homeowners and debtors in dealing with their debt situation.1 The primary weapons in the IAG’s arsenal are two statutes: the ...
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Balancing Act: The ARDC Is Monitoring The Balance On Your Client Trust Accounts

March 21, 2012 The Rules of Professional Conduct now requires attorneys to provide consent for the banks holding client funds to automatically report overdraws to the ARDC. This is an early detection system for possible financial malfeasance and a call for more discipline in managing and accounting for client funds ...
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Advice to Clients Enforceability of Restrictive Covenants

December 5, 2011: The Illinois Supreme Court recently issued its opinion in Reliable Fire Equip. Co. v. Arredondo, 2011 Ill. LEXIS 1836 (Ill. Dec. 1, 2011). The opinion enforced prior precedent that an employer’s legitimate business interest should be considered in deciding whether a restrictive covenant should be enforced, but ...
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