Solo In Chicago…Grow Your Practice!

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A nice review in the Bar Journal’s monthly Loss Prevention column. Some key points for sole practitioners:
What’s your name?

Me – a name I call myself. – “Do Re Mi”²

Let’s start with your firm’s name, which, like all communications about you and your services, must not be “false or misleading.” RPC 7.1.

One of the easiest ways to create a false and misleading name (if for some reason you want to do that) is to imply partnership where it doesn’t exist. RPC 7.5(d) states that “[l]awyers may state or imply that they practice in partnership or other organization only when that is the fact.” Here are a few common scenarios.

Imaginary Partners. Sometimes it’s lonely to be a solo. But don’t yield to the temptation to add “imaginary friends” to your letterhead. If Linda Lonewolf is a sole practitioner, she may not call her firm “Linda Lonewolf & Associates” because the “Associates” don’t exist…

Unjustified expectations. A communication is false or misleading if it “is likely to create an unjustified expectation about results the lawyer can achieve.” An ad stating “We’ll get you a settlement – fast,” by itself, suggests that the lawyer can do so in every case.

A former judge who joins a personal injury practice may not refer to herself as “Judge” in a business context, because this may lead to unjustified expectations about the results she can achieve for her clients. Note that it’s fine for her to be called “Judge” in a social context. ISBA Ethics Op 92-10…

What do you do?

An Illinois lawyer may state that she “concentrates” or “limits” her practice of law to a particular area or areas of practice. She may also give other information about her practice “which a reasonable person might regard as relevant in determining whether to seek the services offered.” RPC 7.4(a). And of course, this is also subject to the “false and misleading” test of RPC 7.1.

I must say my focus has been on really finishing ’08 out strong as I hurry to close-up shop before heading out of town on Christmas Eve but I saw this over at Consumerism Commentary…9 Tips for Choosing and Achieving a Purpose in Life. Sort of a kick-off to your ’09 goal setting.

Saw this little nugget recently:

Elder care. Public Act 95-823 requires long- term care facilities to complete annual “Consumer Choice Information Reports” and make them available to the public, including posting them on the internet and giving them to prospective residents and their families. These reports must include information on ownership, medical care, services, staffing, safety, security, meals, rooms, furnishings, family and volunteer support, visitation and special services and amenities. The Department of Aging, working in collaboration with the Attorney General, has the authority to verify the accuracy of the information. Violation of this Act constitutes an unlawful practice under the Consumer Fraud and Deceptive Business Practices Act. Effective Jan. 1, 2009.

If you have sort of a family practice like me, nursing home and long-term care calls are plentiful. Now you have a resource. Here’s the full Act.

I don’t think I’ve dealt with a force majeure issue since first year Contracts but I am always on the lookout for some old fashion creative lawyering. And I found some reported recently regarding the new Trump development on the Chicago river…

Those assertions are made in a fascinating lawsuit filed by Mr. Trump, the real estate developer, television personality and best-selling author, in an effort to avoid paying $40 million that he personally guaranteed on a construction loan that Deutsche Bank says is due and payable.

Rather than have to pay the $40 million, Mr. Trump thinks the bank should pay him $3 billion for undermining the project and damaging his reputation.

He points to a “force majeure” clause in the lending agreement that allows the borrower to delay completion of the building if construction is hampered by such things as riots, floods or strikes. That clause has a catch-all section covering “any other event or circumstance not within the reasonable control of the borrower,” and Mr. Trump figures that lets him out, even though construction is continuing.