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Articles for
May 2007

President's Message

From the Editor

Legal Features

Apparent Agency in the Medical Malpractice Context After York v. Rush-Presbyterian-St. Luke’s Medical Center

CASH ME IF YOU CAN: Enforcing Bank Liability for a Wrongfully Cashed Multi-payee Check

Motions To Strike And Dismiss In Domestic Relations Cases

The Statutory Custodial Claim as a Sword or Shield in a Contested Decedent’s Estate

Judicial Profile: An Interview With Supreme Court Justice Louis Rathje

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DCBA Brief's President's Message
May 2007

LAWYER TO LAWYER MARKETING

Over the last 25 years, the practice of law in DuPage County has become more and more specialized. Even sole practitioners and small firm lawyers who used to identify themselves as "general practitioners" have over time limited the number of practice areas serviced. One of my favorite questions while conversing with a colleague at the Courthouse or other functions is, "What kind of work are you primarily doing?" I am often surprised how many lawyers don’t know what work their colleagues do. A better question might be, "Who knows what it is that you do?"

DCBA COMMITTEES

As DCBA President I get numerous calls looking for referrals. My first reaction is to pick-up the DCBA Directory and say, "who’s the chair". In other words, becoming the chairperson of a DCBA Substantive Law Committee highlights for the legal community that you are now at the forefront of your specialty area and willing to actively support and share your professional competence and responsibility by virtue of your Bar related commitment. I know I’m not alone in this opinion. Even if you are not the "chair", attending committee meetings ,which now often include an MCLE component, signals to others that this is "your field" and that you are on top of the newest legal developments. It takes time, but consistent involvement will ultimately pay substantial dividends.

Law Journal Advertising

Another effective way to convey your message to colleagues is through Bar Journal Advertisement. Walsh, Knippen, Knight & Pollack sets the highest standard. As a Corporate Premium Sponsor, their message is conveyed monthly in this DCBA Brief and through other sponsorship opportunities. I read their monthly announcement because it tells a concise, well written story about one of their lawyer members or the outcome of recent litigation. Ed Walsh comments, "We specialize in representing people who have been wrongfully and seriously injured or killed; and we value our co-counsel relationships with our DCBA colleagues assisting their needy clients. We believe that sharing our successful settlement and jury verdict results through DCBA marketing benefits our colleagues, their injured clients and us."

Another DuPage County leading law firm is Momkus, McCluskey, Monroe, Marsh & Spyratos, LLC. Past DCBA President, Jim McCluskey, states that referrals from other lawyers are most appreciated because "lawyers understand the problems of practicing law and the referred clients are the easiest to market". DCBA Third Vice President, Kent Gaertner, of the Wheaton bankruptcy firm of Springer, Brown, Covey, Gaertner & Davis, LLC adds that display advertisement in the DCBA Brief facilitates mutual attorney referral relationships and confirms to fellow DCBA members the nature of your professional specialty. Kent also sees a bonus. His firm’s full page ad in the DCBA Brief "supports the association which in turn supports its members".

Until his recent retirement, David R. Bryant, regularly purchased a DCBA display advertisement for his specialty of "Social Security Disability". He responds that the quality of the clientele referred is "substantially higher" from DCBA display advertisement referrals. Rick L. Law, of Aurora, advertises "Elder Law" in the DCBA Journal. He reports that in a prior life he was the Executive Vice-President of Marketing for a title insurance company. Law states, "It is absolutely critical to be the first name that one thinks of when considering a possible referral." Law also says the cost of display advertising in his bar journal is "very reasonable when one considers the fact that the audience is filled with professionals whom a family may call for many issues that are beyond the scope of that professional’s practice." Law tracks the source of prospective clients and concludes that his advertisement in the DCBA Brief has given him a "10 to 1 return on investment". He also comments, "The individual comes to us with the expectation that we can be trusted and that we are competent in what we do."

H. Joseph Gitlin, author of "Gitlin on Divorce: A Guide to Illinois Matrimonial Law" places a reoccurring display advertisement. Gitlin’s comment is, "Mine is the same answer that the bank robber gave, he robs banks because that is where the money is". Elliot Heidelberger confirms that resulting referred clients "second guess less, they come in with a positive attitude and they are more willing to accept your advice." Elliot also states that an added bonus is the invaluable relationship with a client’s "business attorney" who supports the process or provides an occasional "heads up" when the client is frustrated or non-communicative. David Leibowitz, purchases bar journal display advertisements for his "Leibowitz Law Center". His advice is that display advertisement works "only if it is consistent, credible and constant." He tells us to create a "coherent message that focuses on [your] core competencies" which distinguishes your practice from the competition. A similar cord is struck by James J. Eccleston who advertises "Securities Law". Eccleston reports that his firm advertises "only in bar journals with rare exceptions" and that resultant referrals are "excellent" and "similar to referrals from industry professionals".

LEADERSHIP

Successful leadership proves competence to your peers. Our Board of Directors annually selects individuals who have provided outstanding service and leadership to our association and its members. The following well deserved individuals received a "Director’s Award" at the May 4th President’s Ball at Medinah Country Club. The recipients this years are:

Susan O’Neill Alvarado – Judges Nite Producer, DCBA Director, and active member of the Publication Board and Legal Aid & Family Law Committees. We cannot say enough about her style, good natured leadership qualities and commitment.

Gerald A. Cassioppi – Gerry helped us create a database of DuPage Corporate Counsel and initiate the first Corporate Counsel MCLE Luncheon. He also helped plan the DCBA’s first Diversity Luncheon.

Hon. John W. Demling – As Chair of the MCLE Committee, the Bar Association exceeded all expectations for our 2006-07 MCLE Programs with 47 seminar and MCLE meeting offerings. The DCBA fulfilled more than 20,000 individual MCLE hours this year!

Hon. William I. Ferguson – MCLE Committee Vice Chair diligently facilitated the MCLE results above, including charting the course of our first Basic Skills for New Lawyers program.

Loretta Glenny – As Administrator of the Arbitration Center located on the second floor of our Bar Center, Loretta has greatly impressed civil litigators with her efficient and friendly operation. She has made DCBA materials, such as the Brief, available in the Center.

Walter R. Jackowiec, III – Thursdays at the Attorney Resource Center are now famous because of Walt’s driving influence of donuts, pastries, bagels, lox, cream cheese, spreads and specialty cookies all of which has attained the highest designation of c/k/a "Walt’s package".

Nancy Smith Lehrer – Nancy and Gloria Norton were my "Entertainment Committee". We have had a terrific year with golf at Cantigny, Fall Fiesta at Emilio’s, Santa and the Grinch at the Holiday Party at Arrowhead and a lively President’s Ball.

Elizabeth McKillip – Elizabeth planned and implemented this year’s Young Lawyers Happy Hours, and has included law students in this event’s outreach. She and Eric Delgado implemented an online photo gallery of the monthly get-togethers.

Kevin H. Millon – Kevin is the King of Judges’ Nite. He has directed, written and/or performed in the annual Show for years, and has raised the bar annually. He also reaches out to young lawyers, involving them in DCBA activities as well as Judges’ Nite.

Keith E. (Chuck) Roberts, Jr. – Chuck not only diligently performed as immediate Past President, but also as President of the DCBF he organized the successful "Mirabella Roast" and, as Chair of the Judiciary Committee, Chuck efficiently and flawlessly chaired three Judiciary Committee Sessions.

Mary T. Robinson – Mary, a Downers Grove resident, has recently resigned as the Administrator of the Attorney Registration Disciplinary Commission (ARDC). It should also be noted that our own member, David Rolewick, of Rolewick & Gutski, P.C. has been an ARDC Hearing Panel Chair and Review Board Member since 1990. Dave states, "All the lawyers of Illinois are better off today because of Mary Robinson’s unbiased, effective, insightful, imaginative and (in my case) inspiring leadership at ARDC". Dave also tells us that Mary has improved and opened up the relationship between the organized Bar and the ARDC by establishing ARDC Programs to assist lawyers with ethical questions or problems on a confidential basis and provided ethics in office management training to lawyers. Mary has personally volunteered her time to speaking and teaching about professional responsibility in DuPage County and throughout the State. She has helped improve credibility and civility for our profession in the eyes of the public.

Glenn Gaffney has been a DCBA member since 1981. He was a Chair-person of the Younger Members Committee (1986-87) and Employ-ment and Labor Law Committee (1990-1994). He was a member of the Board of Directors for part of two terms prior to winning a contested election for third vice president. He has also been active with the ISBA as a member of Assembly, Chairperson of the ISBA Labor and Employment Law Section Council (2004-05) and currently is a member of Federal Civil Practice Section Council. Along with his associate, Justin Gaffney, he litigates in state and federal court, primarily in employment law litigation.

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