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October 2006

President's Message

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DCBA Brief's President's Message
October 2006
GET IN THE MCLE GAME

By Glenn R. Gaffney

The Illinois Supreme Court’s bell has been struck, the clock is now ticking. If you like having an Illinois license to practice law, you will need to understand how to satisfy your MCLE requirements. Here are 10 "power points" on the issue. Feel free to enhance your mental faculties and your capacity to converse on this issue by committing them to memory:

1. If your last name begins with the letters A through M, your deadline is June 30, 2008 at which time you will need 20 total accredited MCLE hours. If your last name begins with the letters N through Z, your 20 hour deadline is June 30, 2009. Of the 20 hour goal, a minimum of 4 of the total hours must be certified as complying with the "professional responsibility or ethics requirement".

2. If you were admitted to practice law after December 31, 2005, you must complete an approved "Basic Skills Course" totaling at least 15 hours of instruction within one year of your admission to practice law in Illinois.

3. If you attended any CLE classes between January 1, 2006 and June 30, 2006, contact your CLE provider to determine whether or not any of those hours will qualify. The MCLE Board has not yet approved anyone’s programs. If you received a DCBA Certificate of Attendance during that timeframe, it is anticipated that approval will be received; however, the MCLE Board has not yet approved anyone for retroactive accreditation.

4. The MCLE Board is not yet accepting applications for approval of "accredited CLE providers". However, as soon as applications are allowed, the DCBA will immediately apply and we give you our confident and reasonable assurance that the DCBA will be approved as an "accredited CLE provider". This status means that the DCBA has demonstrated that its CLE courses or activities have consistently met the standards required by the MCLE Board and that all future programs will have the presumption of accreditation. The DCBA’S brochures, flyers and registration materials will confirm our status as "accredited MCLE provider" and that our CLE program is presumptively approved by the MCLE Board.

5. In reviewing any CLE provider’s brochures or materials, look for the following: "This program has been approved by the Illinois MCLE Board for ______ hours of credit (and if applicable) ______ hours of professionalism, diversity issues, mental illness and addiction issues, civility, or legal ethics CLE credit."

6. The DCBA’S CLE programs will be live, local and reasonably priced. We are also exploring the possibility of live "pod casts" which if offered will comply with the MCLE rule requirement of "interactivity". The "interactivity as a key component" aspect requires the viewer or listener to ask questions of the course faculty "in person, via telephone, on-line or through a qualified commenter".

7. In addition to traditional CLE courses, the DCBA will provide opportunities to earn MCLE accredited hours at committee meetings. Our committees are gearing up to provide ½ hour or more substantive law content which will qualify for MCLE credit. Our goal is to provide you with multiple opportunities for DCBA committee involvement, MCLE credits and lunch at a cost near that of a "happy meal". If you are not already on one or more DCBA committees, please call Gloria at (630) 653-7779, fax Gloria at (630) 653-7870, e-mail Gloria at gnorton@dcba.org or use the "join a committee" form on any committee page of the website.

8. As the above title states, get into the MCLE game and be part of the DCBA team. If you are a panelist at a DCBA CLE program, you can earn up to 7 hours of MCLE credit for each hour of panelist time. The DCBA will issue appropriate certification to the MCLE Board documenting your involvement and Illinois MCLE credit hours earned. We need MCLE speakers to provide our members with their growing requirements. Step up to the podium and enhance your professional reputation, highlight your area of expertise with your peers and now gain MCLE accredited hours for your efforts. To do so, either contact your committee chair or "just call Gloria" as referenced above.

9. Another easy way to earn MCLE credit is to write an article for the DCBA Brief. An attorney earns credit for publishing an article based upon hours spent researching and writing the article. Up to ten hours can be achieved through a single publication during the initial two year reporting period. If you write an article, maintain contemporaneous records evidencing the number of hours spent on the publication. For further information, contact our DCBA Editor, Mazyar (Mazy) Hedayat, at (630) 378-2200 or by e-mail at mhedayat@mha-law.com.

10. For additional FAQ’S go to www.mcleboard.org.

DCBA Basic Skills Training Sessions Ready to Roll

Under the leadership of our CLE Committee chaired by Judge John Demling and Judge William Ferguson, the CLE Subcommittee on a "Basic Skills" course has scheduled three basic skills training programs during the months of November and December, 2006. All lawyers admitted to practice law after January 1, 2006 must complete 15 hours of basic skills training within one year of admission. The DCBA program will meet that requirement.

Google Her …. Yahoo!

Her name is Sally L. McClellan. Go ahead, Google her. It is not illegal. Besides, I doubt that President Bush is really watching. Whoop… there it is. The Google search finds "DCBA Brief, February, 20*06 Issue-Maintenance In Gross: An Alternative Support Program". Sally authored that article for the February, 2006 DCBA Brief.

Yahoo! Inputting Sally’s name at Yahoo.com references also Sally’s February article at the top of the search results. How does this happen? Let’s ask our Editor in Chief and the Chair of our Law Practice Management Committee, Mazyar (Mazy) Hedayat, about why the DCBA Brief gets such broad internet exposure. All of our DCBA Brief article authors receive similar exposure. If you are interested in an internet presence, consider authoring an article for the DCBA Brief. Here is Mazy’s explanation:

Thanks Glenn, and welcome everyone to the World Wide Web, version 2.0 (offer void where prohibited, contains 95% baloney by volume). In recent years there has been a sea-change on the Internet for 3 reasons:

1) People are doing more than just research online. They are now looking for things from the mundane to the exotic, and that has lead to an explosion of services created for their benefit. The profusion of cheap services has in turn drawn more users. The result has been a virtuous cycle for authors and publishers; more eyes looking for more content.

2) People post as much as they download, resulting in a net increase in items available to be searched and ultimately to the phenomenon known as the long tail (a/k/a the flea-market effect). As more people live, work, shop, and play online, more content is created for them and by them, which provides incentives for still others to join, contribute, and so on. Again the result is a virtuous cycle for authors and publishers. There is now an audience for every flavor of scholarship and commercial undertaking.

3) Finally, and most importantly, thanks to ever-better search algorithms being developed by the geeks at Google, Microsoft, Yahoo, and the like, we can now find anything, anywhere, anytime, instantly. No need to wait and no reason to miss out on just the right information.

In short, search engines are the Concorde of World Wide Web navigation – the supersonic resource for all needs. Since the Brief is published through proprietary sources such as Westlaw and has its own Internet presence through www.dcba.org and www.dcbabrief.org, you are more likely to be found and become famous now than ever before.

Well Glenn, I hope that brief (no pun intended) explanation helps. We now return to your regularly scheduled President’s Page.

Past President-Now Associate Judge

On August 31, 2006, the DCBA’S first lady President, Linda Davenport, was installed as an Associate Judge of the 18th Judicial Circuit. Courtroom 2014 was packed. Presiding was Chief Judge Ann B. Jorgensen. In attendance were virtually all Circuit and Associate Judges of the 18th Judicial Circuit and Second District Appellate Court Justice Robert E. Byrne. Numerous guests and dignitaries were in attendance and the oath of office was administered by Honorable Bonnie M. Wheaton. After the invocation by Linda’s pastor and Pledge of Allegiance by Sheriff John Zaruba, I was honored to provide opening remarks on behalf of your DCBA. My remarks were followed by Maria Tolva Mack on behalf of the DuPage Association of Women Lawyers. Past DCBA President William J. Scott, Jr., Linda’s friend and divorce court "foe" provided the keynote address with his typical humor, professionalism and style. Linda was gracious, sincere and understandably emotional in the acceptance of her new calling. As always, her husband, Joe Fortunato and family were all present to provide Linda their support.

Linda was DCBA President for the term 1995-1996. Here are a few of Linda’s "President Page" quotes which provide us with some insight in our new Associate Judge:

• Do I have any special goals as President since I am the first woman President? No, my law license says lawyer, not lady lawyer.

• When you give freely to your association or your profession, you get back tenfold.

• My husband who is one-quarter Irish reminded me that as President I was like a corpse at an Irish wake. You need me here to have the party, but I’m not expected to say very much.

• If the DCBA is a good ole’ boys club, then thank God for the good ole’ boys.

• As a child, my parents taught me to go out and get "mad". They didn’t mean angry or crazy. It was an acronym for "make a difference."

• Lawyers must take a stand and respond when our system of justice is attacked by unknowing or misinformed individuals.

• All we can do is try to make this place better than it was when we got here.

Civil Filings Clerk’s Office Delays

We certainly are aware that the new Clerk’s Office filing system has caused some substantial delays and consternation of attorneys particularly with civil filings. However, in defense of the Clerk’s Office their manpower has been substantially depleted during the summer months. Circuit Clerk Chris Kachiroubas assures me that delays will be alleviated and our concerns will be an issue of the past by the time you read this President’s Page. If not, Naperville Township Republican Precinct Chairman and President-elect Fred Spitzzeri will get right on it.

KCBA v. DCBA Softball Challenge

The KCBA has challenged the DCBA to a Spring Softball Challenge. If interested in joining our team, please contact our team captain, Kimberly Davis (630) 434-0400 X 106) or at kdavis@momlaw.com.

Attorney Resource Center (ARC) Receives ABA Award

If you have not recently been to the William E. Hooper Attorney Resource Center located on the third floor near the top of the escalator at the Judicial Center, you should visit soon, especially if it is a Thursday. Thursday has become known as "donut day". Loyal DCBA member Walter (Walt) R. Jackowiec, III, of Winfield has graciously and magnanimously created "donut day" on Thursdays. In addition to your daily dose of free coffee, Walt provides us with pastries, cookies, bagels with cream cheese and lochs on Thursdays. As a result, the place is typically packed with lawyers and judges. However, more lawyers from the second and fourth floor should discover this golden opportunity for camaraderie which includes a free serving of your daily requirement of carbohydrates.

On behalf of the DCBA, Executive Director Glenda Sharp submitted an application to the ABA General Practice, Solo and Small Firm Divisions Awards and Recognition Dinner nominating the ARC for recognition. As a result your President Elect, Alfred E. Spitzzeri, accepted the award on behalf of the DCBA at a recent ABA Conference. Congratulations are due to past President (1973-74) Clifford M. Carney for his generous donation, the efforts of past President (2004-05) Neal W. Cerne, DuPage County Board Chairman Robert J. Schillerstrom and former Chief Judge Robert K. Kilander in making the Attorney Resource Center a reality and now a burgeoning success.

DCBA Driver Improvement School Receives Award

On August 25, 2006, the National Safety Council announced that the DuPage County Bar Association’s Driver Improvement Program was chosen as a "Defensive Driving Course Award Recipient" based upon outstanding training efforts during the year 2005. All ASA’S, defense attorneys and Traffic Court Judges are requested to please consider the DCBA’S Driver Improvement School as part of an appropriate Traffic Court disposition. Classes are offered in both English and Spanish. In my recent discussion with one DuPage Traffic Court Judge, he remarked that Driver Improvement School was appropriate even for those drivers without an Illinois license suggesting that knowledge of defensive driving tactics and the Rules of the Road should be known by "anyone and everyone" who either drives or commutes in a vehicle upon our communities’ streets and highways.

Glenn R. Gaffney is a partner in the law firm of Gaffney & Gaffney in Bloomingdale, concentrating his practice in Labor and Employment law. He received his Bachelor of Science in Marketing from the University of Illinois at Champaign/Urbana and received his J.D. from Southern Illinois University, College of Law.

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