ministrator’s vantage...vantage 2 the administrator’s advantage november / december 2013...

November / December The Administrator’s Advantage 1

NOVEMBER/DECEMBER 2013

INSIDE:

D. Scott Watson: Exempt or Non-Exempt, That is the Question 16

Tonya Tougas: Law Firms: Going Beyond FMLA 18

Jerry Schilf: Despite Changing Direction, Take the Compliant High Road 20

David Azotea: Taking the Edge Off: Assisting Attorneys in the Throes of Addiction 22

Scott Warrick: Drafting Legal and Effective Interview Questions 28

Human Resource Issue

The

MINISTRATOR’SV A N T A G E

2 The Administrator’s Advantage November / December 2013


Human Resource Articles Exempt or Non-Exempt, That is the Question . . . . . . . . . . . . . . . . . . . . . . . . . 16By D. Scott Watson

Law Firms: Going Beyond FMLA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 18By Tonya Tougas

Despite Changing Direction, Take the Compliant High Road . . . . . . . . . . . . . 20By Jerry Schilf

Taking the Edge Off: Assisting Attorneys in the Throes of Addiction . . . . . . . 22By David J. Azotea

Drafting Legal and Effective Interview Questions . . . . . . . . . . . . . . . . . . . . . . . 28By Scott Warrick

Features From the Editor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8Business Partner Profile . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10Halloween Party Photos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12Upcoming Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14Region 3 Conference Event Photos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15Brown Bag Recap. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24Legal Levity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26Member Spotlight . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32GOT CLM? . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34Webinar Recap . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36Holiday Event Photos . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38Welcome New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40

The Administrator’s AdvantageNovember / December 2013

Newsletter Editor: Mary Lynn Wilson, CLM 312-332-8497 [email protected]

Newsletter Committee: Patsy Carey312-630-1211 [email protected]

Jane [email protected]

Lisa Van Sant, CLM312-648-2300 [email protected]

Drema Lee [email protected]

Printing: Elk Grove Graphics 847-439-7834

Design:Heiniger Design, Inc. [email protected]

Cover photo: Paul Klenck, State Street

The Administrator’s Advantage is published on a bi-monthly basis by The Greater Chicago Chapter of the Association of Legal Administrators. The newsletter is published as a service to The Greater Chicago Chapter members and oth-ers interested in law firm management. Any article or advertisement published here should not be considered to be an endorsement by The Administrator’s Advantage of the opinions expressed in the articles or of the products or services advertised. Contributing writers are asked to disclose affiliations or interests that may influence their writing positions. Anyone interested in contributing an article or otherwise participating in the production of the newsletter is most welcome and should contact the editor.

© Copyright 2013 by The Greater Chicago Chapter of ALA International. All rights reserved. No part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopy, recording, or any information storage and retrieval system, without permission in writing from the Association of Legal Administrators. Requests for permission to reprint any part of The Administrator’s Advantage should be directed to the Newsletter Editor or the Newsletter Committee.

ALA Mission Statement: The Association of Legal Administra-tors’ mission is to promote and enhance the competence and professionalism of all members of the legal management team; improve the quality of manage-ment in law firms and other legal service organizations; and represent profession-al legal management and managers to the legal community and to the commu-nity at large.

The

MINISTRATOR’SV A N T A G E

GREATER CHICAGO CHAPTER MISSION STATEMENTThe mission of the Greater Chicago Chapter of the Association of Legal Administrators is to serve the diverse and evolving needs of our members and the legal organizations they represent by:

• providinghigh-qualityeducationalprograms;• promotingpeernetworkingopportunities;• fosteringprofessionalallianceswithbusinesspartners;and• encouragingourmembers’activeinvolvementandserviceincommunityefforts.

A Chapter of theAssociation of Legal Administrators


Business Partner Sponsors and Advertisers

Advertisers Index:

DTI ................................................................................................... 7

FirmWise ....................................................................................... 33

Garvey’s Office Products .............................................................. 13

Genesis Technologies.................................................................... 14

Keno Kozie Associates ................................................................. 41

Next Day Toner ................................................................................ 2

Novitex ............................................................................................ 9

nQueue Billback ............................................................................ 31

Project Leadership Associates ..................................................... 25

Ricoh Legal ..................................................................................... 5

Special Counsel ............................................................................ 13

UPS .............................................................................................. 43

Warehouse Direct Business Products & Services ........................ 17

Business Partner SponsorsThe Greater Chicago Chapter wishes to thank all of our sponsors for their generous contributions and support:

Platinum Sponsor: Next Day Toner Supplies, Inc.

Gold Sponsors: DTI nQueue BillbackUPS

Silver Sponsors: Garvey’s Office ProductsNovitexProject Leadership AssociatesWarehouse Direct Business Products & Services

Copper Sponsors: Genesis Technologies, Inc.Ricoh LegalSpecial Counsel

Bronze Sponsors: 1st & Fresh CateringABA Retirement FundsAccessAll-State LegalArchive Systems, Inc.Avanti Staffing, Inc.Baker Tilly Virchow Krause, LLPBeacon Hill Staffing GroupBusiness Software AssociatesCall OneCanon Business Process Service, Inc.Coffee UnlimitedCompass GroupCompex Legal ServicesCushman & WakefieldDatasource, InkFirefly LegalFirst Choice Coffee ServicesGenesis Electronics Recycling, Inc.GLC Business ServicesGregg CommunicationsHiTouch Business ServiceHUB International MidwestImpact NetworkingIntelliteachIST Management Services, Inc.Jones Lang LaSalleLinder Legal Staffing, Inc.Lower Electric LLCMerrill CorporationMG Welbel & Associates, Inc.Miller Bros Engraving, Inc.Nuance Communication, Inc.R4 Services LLCRenaissance Blackstone Chicago HotelRhinoDoxRippe & KingstonRobert Half LegalStaples AdvantageSteelcase, Inc.The Classic GroupThe Gunlocke Company, LLCThe Horton GroupTuttle Printing & EngravingWerner Printing & Engraving Co.

Website Sponsors: FirmWise Keno Kozie Associates Maverick Maven

Paper or Digital: Your ChoiceOne of the many benefits of your Greater Chicago Chapter membership is receiving our bi-monthly newsletter,

the ADMINISTRATOR’S ADVANTAGE. We are offering an opportunity to “go green” and “opt out” of the printed copy of the newsletter being mailed to you. Recipients who “opt out” will receive an email notification once the digital version of the newsletter is available for download from the Chapter’s website, along with a link to the newsletter.

If you’d like to “go green,” please send an email with “request to opt out” in the subject line to [email protected].

ALA Members Give Back At this year’s Holiday party on December 4, through our 50/50 raffle combined with member donations, we raised $966 toward helping families and friends of chapter members affected by the November 17th tornados that

swept through our southern-most membership area. These funds and donations have been sent to the Red Cross of Central Illinois in Peoria to be used toward the rebuilding of lives and communities affected by this disaster.

Thanks to everyone for their generosity!


From the Editor

As the new year comes to a close, I find it is a great time for reflection on the accomplishments and challenges of the past year. At my firm it is also even more hectic than usual as we close out our year, conduct performance reviews for all of our attorneys and staff and continue to service our clients, which thankfully has kept us very busy even during the holiday season.

Human Resources is one of the more complicated aspects of our jobs as administrators. From the constantly changing nature of our health insurance programs, to the changes we have all seen in the way we administer our transit benefits, to the always interesting mix of personalities at our firms and the challenge to keep them motivated, educated and successful.

This issue we have several excellent articles on topics such as the Affordable Care Act, interviewing do’s and don’ts, FMLA issues, exempt vs. non-exempt status and much more.

As we all reflect on the past year, we thought it would be interesting to have workers’ top time wasters, a list of our chapter’s accomplishments and some humorous takes on some actual lawyer questions in our Legal Levity section. Also, be sure to test your knowledge with our Got CLM? section and consider taking the examination. Classes continue to be held on a regular basis and there is always another exam date around the corner.

Finally, I just want to take this opportunity to wish all of our readers the happiest of holidays and a very bright, successful and happy new year.

Mary Lynn Wilson, CLMNewsletter Editor

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Board Members and Chapter Advisors

The Greater Chicago Chapter Board of Directors

President

Deborah O’Donnell, Pattishall, McAuliffe, Newbury, Hilliard

& Geraldson LLP

[email protected]

Vice President

Jim Beavers, Hall Prangle & Schoonveld LLC

[email protected]

Secretary

Deborah A. Kuchta, CLM, Klein, Thorpe & Jenkins, LTD.

[email protected]

Treasurer

John T. Podbielski, Jr., Ungaretti & Harris, LLP

[email protected]

Membership Director

Jane Klenck, Varga Berger Ledsky Hayes & Casey

[email protected]

Professional Development Director

Diane Brummel, SmithAmundsen LLC

[email protected]

Newsletter Director

Mary Lynn Wilson, CLM, Cray Huber Horstman Heil &

VanAusdal LLC

[email protected]

Business Partner Relations Director

Laura Thompson Sears, Gould & Ratner LLP

[email protected]

Communications / Website Director

Betsy Amaya Kopczynski, Howe & Hutton, Ltd.

[email protected]

Small Firm Director

Randi S. Kohn, Funkhouser Vegosen Liebman & Dunn, Ltd.

[email protected]

Mid-Size Firm Director

Patricia A. Winter, PHR, Foran, Glennon, Palendech, Ponzi

& Rudloff

[email protected]

Large Firm Director

Courtney M. Landon, Esq., Quarles & Brady LLP

[email protected]

Survey Director

Benjamin C. Shames, Valorem Law Group

[email protected]

CLM Director

Jose R. Cheesman, MSLA, CLM, Baker & McKenzie

Global Services LLP

[email protected]

Community Relations Director

Marie Coffee, Drinker, Biddle & Reath LLP

[email protected]

Special Events Director

Carol A. McCallum

[email protected]

Past President / Historian

Cinthia M. LeGrand, CLM, Epstein Becker & Green

[email protected]

Chapter Advisors

Finance Advisor

Karin Jackson, Ancel, Glink, Diamond, Bush,

DiCianni & Krafthefer, P.C.

[email protected]

Human Resources Advisor

Ony Beverly, Skadden, Arps, Slate, Meagher & Flom, LLP

[email protected]

Legal Industry / Business Advisor

Travis A. Larson, Husch Blackwell LLP

[email protected]


Kelly DillonDTI105 W. Adams Street, #1200Chicago, IL [email protected]


As you receive this issue of The Ad-ministrator’s Advantage, the holiday season will be coming to an end. Like so many others, I simply adore the holiday season! I love the decorations, the music and the food, but what I most enjoy is the spirit of the season. It’s a time of year when so many of us are filled with excitement, joy and the possibility of new beginnings. It’s

a time of year when we are a little more patient and kind, and when we are thankful for all the gifts we’ve been given along the way. In a word, we’re all a little more “human” around the holidays.

It’s funny to me that at a time when we are most thankful for the blessings and gifts in our lives, we tend to also express thanks for the things not in our lives. For example, “I’m really thankful for my job. It’s challenging and rewarding, and the environment is aligned with who I am as a professional.” Compare this oth-erwise positive expression of “thanks” to “Wow, I’m really thankful that I don’t have her job!” Here, “thanks” seems a bit of a contradiction in terms, doesn’t it? Yet, it’s what we do as humans: it is part of our human condition.

As an HR professional, I can’t tell you how many times I’ve had someone say to me “Thank goodness I don’t have to do your job!” or “I don’t know how you do your job!” or some variation of these general sentiments. I’m never quite sure if this is said as a testament to my gifts as an HR professional or simply because they are overwhelmed by the complex-ity of the role that is HR. (If the latter, they’re in good company, as I don’t know any HR professional who doesn’t feel overwhelmed quite frequently, even on the best of days!) Then, the heart of the matter is revealed: “It’s not the job so much as it is the fact that you have to deal with people. I’ll bet your job would be so much easier if it didn’t in-volve people.” Sometimes, truer words were never spoken. But yet, there are thousands of HR professionals employed across this great land of ours. We all can’t be misguided gluttons for punishment! Clearly, there’s

President’s Message

Deborah O’Donnell, Office Administrator Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP

something about HR that inspires people to enter into the profession and keeps us in the profession for the duration of our careers. I began to wonder, “How can I best describe to my family, my friends and my col-leagues what HR professionals do? What keeps us in a profession that deals with (ugh!) people?” Much to my surprise, I found inspiration in an episode of The Big Bang Theory.

I’m a huge fan of The Big Bang Theory. If you’ve never watched the show, I highly recommend it. The Big Bang Theory is a sitcom that chronicles the life of a set of friends—the majority of whom are sci-entists in a variety of scientific disciplines—who work and teach at Caltech. Stereotypes play a significant role in the sitcom, but they serve to engender the characters to the audience. The show is written to ap-peal to the intellectual in all of us—okay, the nerd in all of us—and

makes being smart very “human” and very cool. But I digress....

In keeping with the stereotype of what many might imagine are pastimes of über-smart scientists, the characters enjoy read-ing comic books, playing games like Dun-geons and Dragons and, of course, they’re obsessed with anything that involves or relates to Star Trek. In a recent episode, I saw two of the characters playing chess, but it was a form of chess that I had never seen before. Being the avid Googler that I am, I immediately learned that it was a tri-di-mensional chess board featured in a number of episodes in the original Star Trek series. After Googling further, I learned that the

tri-dimensional chess board isn’t a mythical game invented by the writ-ers of the Star Trek series; it is a modified version of a game established in the late 19th century called Raumschach (“space chess” in German).

Invented by Dr. Ferdinand Maack, Raumschach was intended to make the game of chess more closely resemble modern warfare. Chess is a game of war strategy, but for chess to be a relevant training tool for the modern day, Maack contended that attack should be possible not only from a two-dimensional plane (ground), but also from above and below (air and sea). So, as a result, Raumschach requires players to consider moves from a three-dimensional perspective: one decision impacts oth-ers in non-linear ways.

LIVE LONG AND PROSPER:HUMAN RESOURCES ACCORDING TO STAR TREK


One look at the sketch of the tri-dimensional chess board, and I was convinced that this was the best pictorial description of what it means to be an HR professional: An HR professional is a three-dimensional business strategist.

Consider if you will that each plane represents a different aspect of the HR discipline: compensation administration; benefits; recruiting; em-ployee relations; employee development; and governmental compliance. Moves (decisions) made in one plane are never without impact on an-other plane or even multiple planes, and it is the responsibility of the HR professional to consider every impact before a final move is made. For example, a revised compensation program may impact how benefits are administered (especially if a benefit is tied to salary), and such a change is likely to impact employee relations as well. Revising a compensation program may also affect employee development, especially if the new compensation program ties employee benchmark achievement with sal-ary targets. One decision (move) affects multiple planes.

Consider the passage of a law like the Affordable Care Act. Clearly, HR professionals are tasked to make decisions that keep the organization in compliance with the Act. But, those decisions (moves) don’t happen in a vacuum. How will decisions made as a result of the ACA affect benefits and benefits administration? How will these decisions affect employee

relations and, by extension, how will these decisions affect employee retention and recruiting? Again, decisions (moves) in one plane affect the status quo in multiple planes.

It is also interesting to consider how strategic thinking changes based on the base plane, or foundational plane, of the game board. When the foundational plane represents employees (like the example above), all the strategic decisions (moves) are made to create a balance between employee satisfaction and employee retention and productivity. But, what happens when the base plane is the organization? Then, decisions (moves) are made with careful thought as to how each will impact organizational productivity and success. Consider further when an in-dividual employee represents the base plane. Under this scenario, deci-sions (moves) are more personal. How will a particular decision affect the individual employee at the very core? How will it impact their ca-reer, their family and their home life in general? Clearly, the challenge for any HR Professional is to understand which foundational plane is at play and then make decisions (moves) as appropriate.

Deb

1 http://en.wikipedia.org/wiki/Three-dimensional_chess

President’s Message

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Business Partner Profile

My name is: Curtis A. LinderI work for: my wife Nancy! Seriously – I work for Linder Legal Staffing – which Nancy and I own.

The company’s product or service is: temporary help staffing and direct-hire placement services.

The company has: been in existence for over 10 years.

My title is: President and co-owner. But I don’t really feel like a president - I do the things that I’ve done my entire career in staffing - meet with job-seekers, clients and prospects.

Before becoming a business partner to the legal market, I was: still in college.

I entered the legal market because: I thought I would go to law school and become an attorney. That didn’t happen – so I worked for a year as a temporary paralegal. That’s how I got into the staffing business – starting right on the ground floor.

I have a degree in: Political Science (BS) from Illinois State University.

I support ALA because: of its reputation in the legal community for providing educational opportunities and because of the charitable work their members do for those less fortunate.

To be successful in the legal market, one has to: be accountable, reliable, and personable.

The thing I like best about being a business partner to the legal market is: the opportunity to positively impact the careers of so many great people.

The best advice I have received is: my former employer telling me it was time to start my own company 12 years ago.

The best advice I would give to someone just entering the legal market is: find ways to help others.

I try to motivate myself and/or my staff by: remembering daily how fortunate we are to be in the job creation business.

Three things I do well are: (1) help candidates improve their resumes; (2) find the best solution for others; and (3) - show up.

While I love my current job, my dream job would be: An arboriculturist!

The last good book I read was: The Apprentice: My Life in the Kitchen, by Jacques Pepin.

The last good movie I saw was: Skyfall.

The last vacation I took was: to northern Michigan, in October, to explore the shoreline around Charlevoix and see the fall foliage with great friends.

In my free time, I: like to be outside swimming, bike riding, hiking, or cooking. During the winter months – making home-brewed beer and hunting for vinyl records to add to my collection.


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The Greater Chicago Chapter’s Halloween Networking Event was held on October 30, 2013, at the LaQuinta Inn. We had a great time socializing with our Silver, Copper and Bronze sponsors.

Event Photos

Pirate Mel Sears

Beth Andrews of the Renaissance and Mary Lynn Wilson

Members enjoy the treats in the Velvet Pumpkin Room

Jane Klenck as Jackie Kennedy and Stephanie Barkin

Leprechaun Patrick Garvey and Cleopatra

Deb O’Donnell

Patrick Pinkerton of Genesis Technologies and Sheri Stone

Dracula John Helm and Karin Jackson

Cowboy Bill DonehooPatricia Winter and Kathy Mozur of IST

Diane Idukovich, Laura Sears, Debbie Breclaw

Lucky Winner Sheri Stone


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Upcoming Events

Jan. 8 – 12:00 PM – 1:00 PMSmall Firm MeetingLevin & Ginsburgn 180 North LaSalle Street

Jan. 16 – 12:00 PM – 1:00 PMMid-Size Firm MeetingHorwood Marcus & Berk Chtd.n 500 West Madison Street, Suite 3700

Jan. 21 – 11:30 AM – 1:15 PMBi-Monthly Meeting: Time ManagementThe Standard Clubn 320 South Plymouth Court

Jan. 29 – 12:00 AM – 1:00 PMLarge Firm Secretarial Supervisors RoundtableDLA Piper LLP

n 203 North LaSalle Street

Feb. 18 – TIME TBDBrown Bag Meeting – Personality DISC Testingn Location: TBD

Feb. 20 – 12:00 PM – 1:00 PMJoint Small/Mid-Size MeetingThompson Coburn LLPn 55 East Monroe Street

Feb. 26 – 12:00 PM – 1:00 PMLarge Firm Financial Professionals RoundtableBarack Ferrazzanon 200 West Madison Street

Mar. 12 – 12:00 PM – 1:00 PMSmall Firm MeetingLevin Schrader & Carey, Ltd.n 120 North LaSalle Street

**SAVE THE DATE!Mar. 13 – 5:00 PM – 8:30 PMCasino Night 2014n Location: TBD

Mar. 18 – 11:30 AM – 1:15 PMBi-Monthly Meeting: Topic TBDThe Standard Club

n 320 South Plymouth Court

Mar. 27 – 12:00 AM – 1:00 PMLarge Firm Principal Office/Administrator Roundtable

n Location: TBD

P Best in Class Service

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Region 3 Conference

ALA’s Region 3 Conference was held on October 24-26, 2013 at the Renaissance Cleveland Hotel. Below are some photos of our members who attended the conference:

“Greater Chicago Chapter Members attend the Welcome Reception”

Diane Brummell, Carol McCallum and Cinthia LeGrand

Patti Winters and Bill Mech

Lisa Van Sant and Hal Blackman

Jim Beavers and Kathy Mozur from IST

Diane Brummel and Travis Larson

Kathy Mozur of IST, Travis Larson and Carol McCallum


Wages

The U.S. Department of Labor has been aggressive in the enforcement of wage and hour laws in the last few years. One area subject to scrutiny is the classification of employees as exempt or non-exempt.

The baseline is that an employee is non-exempt unless an employer can show that the employee should be treated as exempt. It is advanta-geous to an employer if an employee can be appropriately classified as exempt. Employers do not have to worry about paying overtime for ex-empt employees and that can save the employer a lot of money over the course of a year. However, getting it wrong can cost the employer much more. Penalties include payment of back wages and fines and can go back up to three years if the violation is found to be willful.

So how do you know if an employee should be classified as ex-empt? In the most basic terms, to be exempt an employee must make over $455 a week, be paid a salary rather than an hourly wage and, most importantly, perform work that is considered “exempt” as defined by various tests developed for different types of positions.

The simplest criteria to satisfy is the minimum amount paid. To be exempt an employee must be paid a salary of $455 a week or more. While the amount of salary is rarely an issue, there can be a question as to whether or not the employee is truly paid a salary as that term is used in the wage laws. To be exempt an employee must be guaranteed a certain amount of pay for a pay period and that amount generally cannot be reduced even if the employee does not work as much during a particular period. If the employee’s pay can be reduced based on the amount of work done during a pay period, there is a question as to whether or not that employee is paid a salary for exempt status purposes. There are accepted reasons why a salary can be reduced, but the reasons cannot be based on the amount of work done. For example, an exempt employee can have her pay “docked” in full day incre-ments pursuant to a bona fide sick leave plan.

Exempt or Non-Exempt, That is the Question By D. Scott Watson

It should also be noted that employees who make more than $100,000 a year are exempt if at least $455 a week of it is paid in salary and they customar-ily and regularly perform one of the duties set forth in the tests below.

While the amount of sal-ary and the way it is paid are legitimate concerns in determining whether an employee is exempt, most

questions come with whether the work performed is “exempt work,” as defined by the Fair Labor Standards Act. Various tests, often referred to as the “duties” tests, have been developed to make this determination. There are three categories of duty tests: the executive, the professional and the administrative. There are also specific tests for computer and outside sales employees that could be pertinent to your situation but will not be covered in this article.

To satisfy the executive duty test, the employee must:

1. regularly supervise two or more other employees, and2. has management as the primary duty of the position, and3. has actual input into the job status of other employees (hiring,

firing, promotions, assignments, etc.).

The key to satisfying the executive duty test is that the employee exercise true management as his or her primary duty. The em-ployee must have real authority.

In order to satisfy the professional job duties test, the employee must be engaged in a “learned profession,” generally a job that requires a specific degree in that area—think doctors, lawyers, dentists, teachers, etc. In order to be exempt under this criteria, the employee’s work must be predominantly intellectual, require specialized education and involve the exercise of discretion and judgment. Creative professionals such as artists, photographers, actors, etc. may also be exempt under the professional duties job test.


Wages

Finally, there is the administrative job duties test. In order to satisfy this test, the employee’s duties involve:

1. office or non-manual work, which is2. directly related to management or general business operations

of the employer or its customers; and3. a primary component of which involves the exercise of

independent judgment or discretion; about4. matters of significance.

In determining which employees to use the administrative job duties test with, think “back office” areas such as HR, finance and marketing, rather than “on the line.” Then the question is whether or not the employee exercises independent judgment or discretion about matters of significance. To determine whether a matter is of significance, it must be of more than nominal im-portance to the organization, such as the ability to bind the com-pany financially or develop or interpret company policies.

It is important to understand that, regardless of the test used, whether or not an employee is exempt is based on what the em-ployee actually does on a regular basis and not on what the em-ployee’s job description says he/she does. It is a good practice to revise job descriptions periodically to reflect changes in the employee’s duties but just as important to realize that what is in the job description is not determinative of exempt status.

D. Scott Watson is co-managing partner of the Chicago office of Quarles & Brady LLP. His focus is on representing employers in all areas of labor and employment law including arbitration, mediation, federal and state agency discrimination claims, federal and state labor board claims, and federal and state litigation.

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Labor Laws

FMLA, the often talked about federal leave law, is only the bare minimum that law firms abide by. While other leave and disability laws add to the myriad of consideration when an employee needs time off, it is often our own H.R. policies that expand the reach and the cost of accommodating an employee’s needs. Why do we do this? Because our profession is built on the high quality talent we employ, and we want to retain our most important asset: our people. Our employees work hard to accommodate the needs of the firm and our clients; we should accommodate them when the role is reversed. With the right balance, we keep employees engaged and productive in the long term, and maintain profitability with less turnover.

Some of the ways firm policy expands coverage is through eligibility and pay policies that go beyond what is required, adding more flexibility, and through how we approach timekeeper productivity standards.

EligibilityWhile federal leave law requires employees to work for at least a year and have 1,250 hours, law firms will typically accommodate a leave for employees with less tenure. Our firm once granted 12 weeks of paid leave to an associate who gave birth on her first day of work, having been hired the previous year while still in law school. While the timing wasn’t her preference either, it happened, and we weren’t going to leave her without pay and benefits as this new family got its start. Firms work too hard to recruit the best talent to make short-sighted decisions based solely on what the law requires. By stepping up and supporting an individual who needs leave in their first year of employment, you’re investing in the long term relationship. It also has a positive influence to your reputation both in the legal community and in the community where the firm resides.

While the law doesn’t require it, multi-office firms will often have consistent practices across firm locations so that an employee in a small office, i.e. less than 50 employees, has the same opportunity to take leave. Be cognizant of various state laws, and

Law Firms: Going Beyond FMLABy Tonya Tougas

decide what aspects of a law you may want to incorporate into your policies on a more global basis. For example, Illinois has a leave law that protects employees that are victims of domestic or sexual violence, or who have family members who are victims of such violence. If you have an employee who works outside

of Illinois who has been victimized or has a child who was assaulted, consider ahead of time what you might do if the employee needs time off to deal with the medical or legal aspects of this trauma.

Paid LeaveLaw firms often provide paid time off for leaves, either through sick or PTO policies or through paid medical leave. Firms may promote their leave policies, especially maternity and parental leave, when recruiting for key positions and when participating in work-life surveys, or “Best Places To Work” recognitions. Generous maternity and parental leave policies and

flexibility are valued by recruits of child-bearing age, while broader leave policies backed by long term disability benefits are valued by workers making sure they have a safety net if impacted by a personal health crisis. Others need time and flexibility if something happens to a family member, including strong employee assistance programs, referral services, and possibly back-up care to help the employee quickly find the resources they need to assist a family member in recovering from an event or to ease into their final stages of life.

Having policies and benefits that support employees as they go through difficult times helps them get back to work faster, with more appreciation for how the firm supported them while they were out.

FlexibilityBesides pay, the most valued benefit is flexibility. Offering time off as a block of time, intermittently or as a reduced schedule, or offering alternate work hours, allows an employee to put together a plan that works for both the firm and their family. For many professionals, especially salaried and exempt roles, working from home is a variable to consider, along with returning to work


Labor Laws

initially at a reduced schedule and building back up to a full time schedule over time. Many of our attorneys have combined these options to customize a plan. For example, a woman may work from home in the final weeks of her pregnancy before delivering twins, take time off for several months following the birth, then ease back into her work by working a 60% schedule at 60% pay for two months, followed by 80% schedule at 80% pay for the rest of the year before returning full time. Meanwhile, a male attorney may take off two or more weeks initially, followed by intermittent leave or a reduced schedule so he can assist at home and develop a bond with the baby. What’s important is that employees feel comfortable expressing what they need, and if they are an attorney or other timekeeper, their practice group supports them. The more flexible you are with the employee, the more they are also willing to step up to assist when possible, and stay in contact with the firm while on leave.

Insured BenefitsWith variations of policies and flexibility, it is important that insured benefits have contract language that supports how the firm administers leave of absence policies if you go beyond what FMLA provides. If your leave policy allows an employee to work a 50% schedule for up to a year, or if you approve discretionary leave that goes beyond what FMLA entitles a person to, then make sure all health, life and disability policies continue to cover the person. By default, most contracts only recognize FMLA. Leave language needs to be expanded to include any leave approved by the employer, typically limited to six months or a year.

If the appropriate language is not already in your contracts, consider sending a COBRA letter at the end of 12 weeks of FMLA to protect health benefits, even if the intent is for the employee to continue to pay their normal employee portion of the premium. Health insurance companies periodically check the “active at work” status of an employee they know has been out, and you may have to show a COBRA election if the employee is out more than what FMLA entitles them to. It also starts the 18-month COBRA clock if the employee is unable to return to work.

“Plugged” ProductivityFor attorneys and other timekeepers, make sure systems are in place to accurately record all types of leave and that the system fairly converts it so that hours and other productivity measures are adjusted to account for the time off. This typically requires a very strong IT/Finance programmer to accommodate all the variations that could occur. It is also important to update leave data to reflect what actually occurred if different from what was

expected. For example, an attorney may have expected to take off six weeks, but in actuality, they worked remotely 50% of the time. Leave data and productivity standards should be updated to reflect the 50% schedule for an accurate reflection of what occurred.

Manage the SituationOffering expanded policies and flexibility doesn’t mean you’re not closely managing your leave of absences. FMLA paperwork, periodic updates and return to work instructions are important, as well as discussions to clarify any questions about filing for disability or other benefits. Keep communication open with the employee and follow up on anything that is unclear. If there is an end date in which no further leave can be approved, communicate that date well in advance.

To stay compliant under a variety of laws, leaves are best managed centrally within the Human Resources department. Individual managers can assist by being aware of who might need leave in the future, or who is missing significant time and might have a serious health condition, and referring those employees to the appropriate HR contact.

There will always be situations where you cannot accommodate what the employee is requesting, and when it goes beyond what the law requires, you may have to decline the request. More often than not though, the firm and its employee can work through an arrangement that accommodates both the needs of the firm and the employee. The resulting relationship built between the employee and the firm during their time of need can be the foundation of a longtime career at a firm they are proud to be associated with.

Tonya Tougas, Quarles & Brady LLPAdministrator, Compensation and [email protected]

Tonya has nearly 25 years experience working in the legal industry, initially as an Office Administrator for a small Wisconsin firm and later focusing in the

areas of benefits, compensation and wellness for Quarles & Brady, a 450-attorney firm with eight offices. She spends her days immersed in a variety of acronyms including FMLA, ADA, ACA, COBRA, ERISA, HIPAA, FSA and more. Tonya received her undergraduate degree in Business Administration with a minor in Economics, and later an MBA, all at the University of Wisconsin - Parkside.


Health Care

The media noise on the implementation of the Patient Protection and Affordable Care Act (“Health Care Reform”) is deafening. The frenzy has hit hyper-drive lately with the admittedly rocky opening of the federal health care Marketplace and the latest Ad-ministration announcement that insurance carriers will be permitted – if they choose – to continue offering non-compliant plans in the individual and small group markets.

These latest events epitomize the seemingly perpetual moving target that Health Care Reform has become; just when administra-tors and plan sponsors thought they had their obligations in check, another delay or transitional relief provision has scuttled their best-laid plans.

One thing, however, at least for now, is clear: there are many Health Care Reform notice reporting requirements with which employers and group health plan administrators must comply in 2014. Employers and administrators should familiarize themselves with the items outlined below so they can establish processes to ensure Health Care Reform compliance.

Marketplace Notification. The federally-facilitated Marketplace opened for business October 1. Despite enormous debilitating glitches, the Marketplace attempted to handle the deluge of Americans who sought to enroll in minimum essential coverage at www.healthcare.gov and em-ployers are still obligated to notify employees of its existence. Specifi-cally, Health Care Reform requires employers to include the following information in these Marketplace notices:

• DescriptionofMarketplaceservices• Potentialavailabilityofsubsidies• Potentiallossofemployercontributionstohealthcare• Marketplacecontactinformation

Employers are free to craft their own Marketplace notices, but the gov-ernment provided two template notices that remain available at www.dol.gov/esba/pdf/FLSAwithplans.pdf and www.dol.gov/esba/pdf/FL-SAwithplans.pdf. Employers should note that these templates contain a November 30, 2013 expiration date, but should remain valid until further guidance.

Employers must continue to issue Marketplace notices to any employ-ees hired after October 1, 2013. For the remainder of the year, employ-

ers should issue a notice on a new employee’s hire date. Starting January 1, 2014, employers must provide a notice within 14 days of a new employ-ee’s hire date.

Even though Health Care Reform imposes no penalties on an employer for failing to provide Marketplace notices to new hires, doing so cer-tainly is a benefit to employees. Employers who can show a culture of compliance and a working knowledge of Health Care Reform’s requirements may end up being positioned to plead for lenience for any inadvertent compliance error uncovered in a future compliance audit.

Notice of Grandfathered Status. Plans existing on (or before) March 23, 2010, need not comply with certain Health Care Reform mandates, such as providing internal and external claims appeal processes, if they have been maintained with at

least one individual continuously covered to date and have not made certain disqualifying plan changes, such as raising coinsurance charges, in the interim. Employers desiring to maintain grandfathered health plan status must include a statement in any plan materials provided to a participant or beneficiary describing the benefits provided under the plan or health insurance coverage that the plan is a grandfathered health plan. Contact information for questions and complaints must be included. Any plan sponsor who fails to provide this annual notice may forfeit grandfathered plan status.

Employers should use the language at www.dol.gov/ebsa/grandfather-regmodelnotice.doc to satisfy this notice requirement to maintain grandfathered plan status.

IRS Form W-2 Reporting. Health Care Reform requires employers who sponsor group health plans for their employees to report the cost of that coverage – the portion paid by both the employer and employee for coverage. The cost of group health coverage generally continues to be non-taxable to employees, but employers not subject to transitional relief (mainly large employers who issue greater than 250 Forms W-2) must report health plan cost in Box 12, using code DD.

The IRS has provided transitional relief for employers who issued fewer than 250 W-2’s in the immediately prior year. These employers are not required to report group health plan cost until IRS issues future guid-ance. Employers must be given at least six months advance notice of any change to this transitional relief. Employers are not required to report the cost of coverage on any mid-year W-2 issued to an employee who terminates employment before plan year end.

Affordable Care Act: Despite Changing Direction, Take the Compliant High Road by Jerry Schilf


Health Care

Though the requirement to report health plan costs on Form W-2 is optional for many employers, this is another relatively low-cost oppor-tunity to voluntarily comply and show good-faith compliance.

Summary of Benefits & Coverage. Health Care Reform is intended to educate plan participants to help them become better health care consumers. To this end, the law requires plan administrators to pro-duce annually a Summary of Benefits and Coverage (SBC). An SBC is intended to be an easy-to-understand document that must include the following elements:

• Adescriptionofthecoverageforeachcategoryofbenefits• Exceptions,reductions,orlimitationsoncoverage• Cost-sharingprovisionsofthecoverage,includingdeductible,coin-

surance, and copayment obligations• Renewabilityandcontinuationofcoverageprovisions• Acoveragefactslabelorcoverageexamples• A statement that the SBC is only a summary and that the plan

document, policy or certificate of insurance will govern contractual provisions of the coverage

• AcontactnumbertocallwithquestionsandanInternetwebad-dress where a copy of the actual individual coverage policy or group certificate of coverage can be reviewed and obtained

• Contactinformationtoobtainalistofnetworkproviders,anInter-net address where an individual may find more information about prescription drug coverage, and an Internet address where an in-dividual may review the Uniform Glossary, and a disclosure that paper copies of the Uniform Glossary are available

• Auniformformat,fourdouble-sidedpagesinlength,and12-pointfont.

The law states that participants, beneficiaries and prospective enroll-ees must receive an SBC with initial enrollment materials and, in most circumstances, annually at least 30 days prior to the first day of cover-age for a new plan year. Additionally, administrators must furnish an SBC within seven business days to any participant or beneficiary who requests one.

Health Care Reform provides for as much as a $1,000 per day penalty for violating SBC requirements, but the agencies enforcing the SBC rules have jointly stated that they will impose no penalties on plans and issuers who are working diligently and in good faith to provide the required SBC content in an appearance that is consistent with the final regulations.

IRS Form 720. Starting last year, health insurance issuers and spon-sors of self-funded employee benefit plans began to calculate, report, and pay patient-centered outcome research institute (PCORI) fees to help fund a quasi-governmental entity to monitor and report on the effectiveness and outcomes of medical treatment. The fee is based on the number of covered lives under a plan, multiplied by a stated dol-lar amount – $2 for the reports due by July 31, 2014 – and must be

remitted to the IRS along with Form 720 by the July 31 immediately following the plan year to which the fee relates.

Self-funded plan sponsors must calculate the required fee using one of three safe harbor methods, as follows:

• Actual Count Method – Determine average number of lives covered under a plan for a plan year by adding the totals of lives covered for each day of the plan year and dividing that total by the total number of days in the plan year.

• Snapshot Method – Determine the average number of lives covered under an applicable self-insured health plan for a plan year based on the total number of lives covered on one date (or more dates if an equal number of dates is used in each quarter) during the first, second or third month of each quarter, and dividing that total by the number of dates selected.

• Form 5500 Method – Determine the average number of lives cov-ered under a plan for a plan year based on number of participants reported on Form 5500 or Form 5500-SF. Note: an employer can-not use this method if it also requests a Form 5500 filing extension.

Though insurance carriers must file Form 720 and pay the fee for in-sured plans, such plan sponsors should coordinate with their respective carriers to ensure compliance.

To keep up with Health Care Reform compliance, employers will need to be alert and nimble to adapt to changes that certainly lie ahead as lawmakers tangle over Health Care Reform implementation; but, at least for now, employers have a relatively clear picture of Health Care Reform notice and reporting requirements . . . but they should stay tuned.

Jerry Schilf is a principal at Digital Benefit Advisors, the nation’s leading employee benefits agency specializing in insurance for businesses. Schilf has almost four decades of experience in the insurance industry. Prior to joining Digital Benefit Advisors, he was president of his own employee benefits agency for 10 years. Schilf also has

several years of underwriting and sales experience on the carrier side of the business. Schilf attended DePaul University and serves on the board of the Western DuPage Chamber of Commerce and the St. Irene Catholic School. He also sits on the American Cancer Society DuPage Regional Board and is an active member of the Management Association of Illinois. Schilf is licensed to sell life, casualty, health and fire insurance products.


Lawyer’s Assistance Programs

Taking the Edge Off: Assisting Attorneys in the Throes of AddictionBy David J. Azotea

The anecdotes are all too familiar for those of us within the legal community. The law student—top of his class, federal clerkship, youngest partner at his big law firm. On the surface, this young partner seems to have it all: the car, the house, the loving family, and the firm’s adoration. However, when the surface is scratched, the beast rears its head. No longer can the young partner handle the daily stresses: his desk overflowing with paperwork; impossible to meet deadlines; hundreds of new e-mails every hour; the constant pressure to generate new business. This young partner turns to his vices, telling himself it’s just a way to “take the edge off.” Little by little the substance addiction begins to take its toll. His work is initially exceptional, but problems soon arise and colleagues begin to notice a slip in his work. He arrives at the office late and leaves early. He begins losing documents. His exceptional work is now marred with indolent mistakes. The young associates that initially idolized him now cover for his mistakes, too tremulant to intervene. The senior partners stand silent, not wishing to offend one of the firm’s big up-and-comers.

Finally, a concerned colleague intercedes; however, this is an addict in denial, a partner who refuses to admit he has a problem. Shortly thereafter, the young partner reassures the colleague that he has everything under control. But sure enough, he doesn’t. Within another year his family and co-workers are mourning his untimely death, asking “what could we have done?”

While not every addiction scenario plays out fatally, the statistics of substance abuse and other addictions are startling. Addictions can vary greatly and can include alcohol and drug abuse, gambling, eating disorders, financial issues (i.e. overspending) and various other types of abuses.

For purposes of this article, the discussion will center on substance abuse, as statistics show it is the most prevalent addiction among attorneys. It is estimated that between 10 and 13 percent of the general adult population in America suffers from alcoholism. Among lawyers, that rate is higher. More than one-third

of attorneys say they are dissatisfied and would choose another profession if they could; and it is estimated that one-fourth of all attorneys are depressed. As lawyers, we all remember the speech when we began law school that attorneys have the highest rates of depression and suicide of any profession. In fact, among male lawyers, the suicide rate is approximately twice that of men in the general population. The depression rate for female attorneys is even higher. For law firms, these staggering statistics can bring about significant legal liability.

Lawyers with substance abuse problems are far more likely to have disciplinary complaints or malpractice suits filed against them. Substance abuse may be involved in as many as 50 to 75 percent of major disciplinary cases, and state bar statistics show that 75 percent of attorneys who sought help with substance abuse in 2008 were also involved in disciplinary proceedings. In turn, lawyer partners and law firms generally can be subject to liability through respondeat superior. If an attorney is having these types of problems and no one in the firm addresses the issue, the firm may face significant malpractice liability. Evidence of substance abuse is relevant in a malpractice case, especially when that abuse translates into conduct falling below the applicable standard of care. Given the practical concerns for the firm, it is imperative that law firms deal with potential addiction issues.


As members of the bar, lawyers have a duty to uphold the highest standards of professional conduct. The ABA Model Rules make clear that firm members have a duty to make reasonable efforts to ensure the ethical conduct of all lawyers in the firm. Members who possess knowledge of misconduct must inform the appropriate disciplinary agency. Failing to report evident substance abuse issues is a clear violation of the Rules of Professional Conduct. The ABA has recommended that when an impaired lawyer is unable or unwilling to deal with the consequences of addiction, the firm and its partners are obligated to take reasonable steps to assure his or her compliance with the ABA Model Rules. The firm’s “paramount obligation is to take steps to protect the interests of its clients.”

For far too long, law firms have been reluctant to deal with impaired attorneys even though involvement may be career and life saving. In this day and age, addiction need no longer be treated as taboo. It is absolutely essential that law firms work diligently to institute effective addiction policies that are narrowly tailored to the firm’s specific setting with an emphasis on helping the at-risk individual manage and overcome his or her addiction issues. This policy should be outlined in the law firm’s code of professional responsibility in order to send a resolute message that the firm considers work or personal habits that undermine work quality to be professionally irresponsible and a violation of ABA Model Rule 1.1 relating to attorney competency. It should outline what the firm deems acceptable social practice, as well as other preventive measures. The focus of the policy should not be on punishing attorneys for addiction problems, but to provide identification and education, as well as outlining treatment possibilities. The firm once viewed its now impaired attorney as an asset, and as such the firm should always strive to help rehabilitate the impaired attorney, rather than punish. The firm must attempt to develop awareness of substance addiction and the behavioral signs of attorney impairment. To do so, the firm should host educational seminars. Larger firms should also consider appointing an in-house committee with individual committee members acting as a resource for struggling attorneys. Additionally, the firm should not wait for individuals to refer themselves for assistance, but should take proactive steps to intervene upon discovery of an attorney suffering from addiction. The firm should refer the attorney to a medical professional and require the impaired attorney to undergo treatment. The firm must then continue to monitor the attorney’s progress and ensure that his health and work product improve.

As members of the bar, lawyers have a duty to uphold the highest standards of professional conduct.

One of the greatest assets for law firms in assisting attorneys with addiction problems is their state Lawyer Assistance Programs (LAP), which provide free and confidential assistance to attorneys with addiction, behavior, and personal problems that affect their well being and professional performance. The ABA created the

Commission on Impaired Attorneys (now the Commission on Lawyer Assistance Programs) in 1988, and in 1995, the ABA adopted the Model Lawyer Assistance Program. While an in-house firm committee may be able to recognize that one of their associates or partners is impaired, these committee members likely are not well adept at treating addiction. A LAP can be an important source for helping the attorney. The firm can refer the impaired attorney confidentially and anonymously to the LAP so that the impaired

attorney can obtain the proper professional services, receive intervention, and obtain peer guidance and support in the form of group counseling. Thereafter, the LAP can continue the assistance by monitoring the attorney’s recovery and progress. In fact, the LAP approach of “lawyer-assisting-lawyer” is consistent with the highest traditions of the bar.

Clearly, attorney addiction is a serious problem. However, as the research has shown, addiction is treatable. Therefore, if firms take a proactive approach to implementing addiction assistance through their own measures as well as using the resources of the LAP, the impediments to a meaningful life and promising career caused by addiction can be overcome.

© DAVID J. AZOTEA, ESQUIRE. This article, used with permission from the American Inns of Court and David J. Azotea, Esquire, was originally published in the September/October 2011 issue of The Bencher, a bi-monthly publication of the American Inns of Court. This article, in full or in part, may not be copied, reprinted,

distributed, or stored electronically in any form without the express written consent of the American Inns of Court.

FOR MORE INFORMATION:

Illinois Lawyers’ Assistance Program, Inc.20 South Clark Street, Suite 1820

Chicago, Illinois 60603www.illinoislap.org

Telephone: 312·726·6607Toll Free: 800·LAP·1233

Lawyer’s Assistance Programs


Brown Bag Recap

Lawyers, Government & MoneyBy Jay Shepard, Baker Tilly Virchow Krause, LLP

In January of 2013, income tax rates increased significantly. The new health care tax on investment income and self-employment income also went into ef-fect. The one consensus in Washington is that major tax reform is needed; Max Baucus has announced he will not seek re-election, but will use his decades of ex-perience as Chair of the Senate Finance Committee to move reform forward. Work is already underway. At the same time, state and local governments are in

need of revenue and actively redefining how they will tax professional services firms like yours.

State and local tax

Cook County use taxThe Cook County non-title personal property use tax is imposed on personal property not registered with an Illinois agency that is pur-chased outside Cook County. The tax is triggered when property is first used within Cook County at the rate of 0.75% of the property’s value. There is an annual tax credit for the first $3,500 in value and a credit for tax paid to another county.

On July 24, 2013, the Illinois Circuit Court temporarily enjoined Cook County from enforcing the tax, and on October 4, the Illinois Court of Appeals removed the temporary injunction. Four days later, the Cook County Circuit Court struck down the use tax as unconsti-tutional, removing taxpayers’ obligation to file returns or pay the tax.

Other state updatesMany states are moving toward single sales factor in apportionment. Pennsylvania, for example, phased out three-factor apportionment for tax years beginning on or after January 1, 2013. Going forward, in-come is apportioned to the state using a single sales factor. New Jersey and Minnesota are also increasing the sales factor percentage, while California has made single factor sales mandatory in 2013. Formerly, California taxpayers could elect single-factor sales. California’s require-ment also applies to pass-through entities. Illinois passed legislation eliminating composite returns (i.e., Form IL-1023-C) for tax years end-ing on or after December 31, 2014. Illinois still requires pass-through entities to withhold income tax on behalf of non-resident owners.

Sourcing multistate incomeMany law firms have offices in multiple states. Three cases involving law firms operating in Washington DC and New York illustrate a com-mon issue facing any multistate law practice.

In the first case, a law firm operating as a partnership had offices in DC and New York. The DC partners were not authorized to practice in New York (and did not). However, the DC partners shared profits de-rived from the firm’s New York office. The issue brought before a New

York court was whether the DC partners had New York source income. In short, the court concluded the DC partners had New York source income because they shared profits derived in New York. Whether

the partners themselves carried on their individual activities in New York was irrelevant.

In the second case (also involving New York and DC law offices), a partner based in DC occasionally worked in New York. This part-ner sourced his share of the firm’s profits to New York based on the number of days he worked in New York. The New York court held that this method for determining New York source income was inap-propriate because he was a partner, not an employee. Due to the fact he was a partner, his income had to be apportioned based on the firm’s apportionment percentage.

The third case (again involving New York and DC law offices) involved firms that had a referral agreement in place. The firms were also listed together in Martindale-Hubbell. However, the DC firm only received profits derived from the DC office, while the New York firm only re-ceived profits derived from the New York office. Neither firm has a voice in the management of the other firm, and each firm collects its own fees and pays its own expenses. The question before the New York court was whether the DC partners had New York-sourced income. The court concluded that they did not, because the two firms did not constitute a single partnership.

Federal tax

The current and future tax law landscapeFederal income and capital gain tax rates remain near historic lows. In the 40’s, 50’s, and 60’s, the top income tax rates were near 70 to 90%; today they are under 40%, with capital gains around 20%. The only times in history federal rates have been lower was the late 20’s and the late 80’s.

There is a consensus in Washington that fundamental tax reform is needed; however, there is little chance of this happening with the re-cent gridlock in the federal government. The tax code is increasingly complex for taxpayers and the IRS, and large portions of the code are temporary. There is tremendous revenue pressure on the federal gov-ernment, considering the budget deficit, social security, and Medicare spending increases. At the same time, there is pressure to lower the statutory corporate rate to remain globally competitive and promote economic growth.

Event Sponsor David Murray of Ricoh

Speaker Judy Meguire of Baker Tilly


Brown Bag Recap

Individual tax rates will likely continue to rise. Depend-ing on the reform proposal chosen, top rates could range between 27% and 39.6%, with capital gains and divi-dends taxed at ordinary rates. Individual tax expenditures will probably become more limited. Expenditures likely to be affected could include home mortgage interest, the health care premium exclusion from income, charitable deductions, and qualified plan contributions. Further, the alternative minimum tax is expected to be overhauled or repealed.

The new 3.8% Medicare “surtax” affects net investment income, which is defined as interest, dividends, annui-ties, rents, royalties, income derived from a passive ac-tivity, and net capital gain derived from the disposition of property (other than property held in an active trade or business), reduced by deductions properly allocable to such income. Specifically, this does not include the fol-lowing:

• Incomederivedfromanactivetradeorbusiness• DistributionsfromIRAsortheirqualifiedplans• Anyincometakenintoaccountforself-employmenttax

purposes• GainonthesaleofanactiveinterestinapartnershiporS

corporation• Itemswhichareotherwiseexcludedorexemptfromincome

under income tax law, such as interest from tax-exempt bonds, capital gains excluded under IRC §121, and veteran’s benefits

The Affordable Care Act has led to new self-employ-ment taxes and other related developments. The 0.9% tax is additional Medicare tax on wages in excess of a $200,000 threshold per individual. On a joint tax return, if each spouse has W2 wages below $200,000, but combined wages exceed $250,000, the couple would be liable for the additional tax, and would need to factor into estimates for 2014 and liability for 2013. No employer match is due, and since it is an employee tax only, it is not de-ductible. Presumably the amounts to be paid will be calculated and reported on the 1040, similar to Schedule SE, but guidance is forthcoming from the IRS.

Future tax planning and compliance issuesBeginning in 2015, employers must provide health care coverage if they have more than fifty full-time employees.

Additional tax implications related to fixed assets are coming. While the expense limitation under Section 179, regarding the expense of depreciable assets, is $500,000 for 2013, in 2014 the limitation will drop to $25,000. Section 168 on bonus depreciation will also change; the depreciable percentage was lowered from 100% to 50% for 2012 and 2013, and it will no longer be available in 2014.

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Speaker Patrick Smith of Baker Tilly


Legal Levity

ALA Greater Chicago Chapter 2013 By the Numbers

$17,800 Scholarships awarded to members by the Greater Chicago Chapter to attend National, Regional, and Chapter Conferences

1 Fantastic Greater Chicago Chapter Educational Conference & Expoheld at the Fairmont Hotel

1 Law Firm Leader/Managing Partner Breakfast held

1 Benefits of Membership Program held

3 Inner City Schools who benefitted from the Chapter School Supply Drive: Polaris Charter, Learn Charter South Chicago, and Christ the King

5 Bi-Monthly Educational Luncheons sponsored

5 Educational Brown Bag Lunches sponsored

7 Formal Networking Events sponsored by the Chapter and/or Business Partners

12 Webinars hosted by the Chapter

21 Members who donate their time to serve on the Greater Chicago Chapter Board of Directors

25 Meetings held for Small, Large, and Mid-Size Firm Administrators

30 New Members who joined in 2013 (Welcome!)

59 Invaluable Business Sponsors

91% of 2012 Members who renewed for 2013 (Can we make this 100% for 2014?)

328 Current Members of the Greater Chicago Chapter

812 Items (15 boxes full!) collected during the fall School Supply Drive and delivered to inner city schools

$1,875 Money raised for school supplies for inner city schools during the fall School Supply Drive

$16,533 Money raised at Casino Night and donated to the Israel Idonije Foundation


Legal Levity

TOP TIME WASTERS AT WORKYahoo Finance recently published an interesting account of the top time wasters of employees while at work. The top reasons for time wasting were: web surfing, personal phone calls, searching for new job opportunities(!), gossiping by the water cooler, shopping online, exploring social networks or checking personal email. Below is a sample of how much time is wasted.

Time Wasted Percent of Employees1-2 hours 29%2-5 hours 21%6-10 hours 8%10+ hours 3%

Here’s to making a new year’s resolution to make sure all of our employees are challenged, are not working longer hours than necessary, and are given an incentive to work harder. Good luck!

The survey mentioned the following as reasons for employees wasting so much time.

34% of employees say they are not challenged

34% say they work long hours

32% say there’s no incentive to work harder

The below excerpts appeared in the Salt Lake Tribune. They were taken from real court records.

Q: Now doctor, isn’t it true that when a person dies in his sleep, in most cases he just passes quietly away and doesn’t know anything about it until the next morning?

Q: What happened then?A: He told me, he says, “I have to kill you because you can

identify me.”Q: Did he kill you?

Q: Was it you or your brother that was killed in the war?

Q: The youngest son, the 20-year-old, how old is he?

Q: She had three children, right?A: Yes.Q: How many were boys?A: None.Q: Were there any girls?

Q: Were you alone or by yourself?

Q: I show you Exhibit 3 and ask you if you recognize that picture?A: That’s me.Q: Were you present when that picture was taken?

Q: Were you present in court this morning when you were sworn in?

Q: You say that the stairs went down to the basement?A: Yes.Q: And these stairs, did they go up also?

Q: Now then, Mrs. Johnson, how was your first marriage terminated?

A: By death.Q: And by whose death was it terminated? Q: Do you have any children or anything of that kind?

Q: Was that the same nose you broke as a child?

Q: Mrs. Jones, do you believe you are emotionally stable?A: I used to be.Q: How many times have you committed suicide?

Q: So, you were gone until you returned?

Q: You don’t know what it was, and you didn’t know what it looked like, but can you describe it?

Q: Have you lived in this town all your life?A: Not yet.

Q: Do you recall approximately the time that you examined that body of Mr. Huntington at St. Mary’s Hospital?

A: It was in the evening. The autopsy started about 5:30 P.M.Q: And Mr. Huntington was dead at the time, is that correct?A: No, you idiot, he was sitting on the table wondering why I was

performing an autopsy on him!

A Texas attorney, realizing he was on the verge of unleashing a stupid question, interrupted himself and said, “Your Honor, I’d like to strike the next question.”

ACTUAL QUESTIONS ASKED BY ATTORNEYS


Drafting Legal and Effective Interview QuestionsBy Scott Warrick

Interviewing

There are many “keys” to conducting a thorough and successful interview. However, none are more important than asking the right questions.

In order to make sure that you are asking the right questions, you cannot be shackled by wondering whether your question is legal. Far too many times, I have just completed an interview only to have the hiring manager ask:

“I wonder what she would have said about this … ?”

That is when I almost swallow my tongue.

“Then why didn’t you ask her?” I will inevitably blurt out.

“Well,” the manager will sheepishly say. “I didn’t know if it was legal or not.”

This is a major problem. It is too late to ask a question once the interviewee has left. So, let’s clear up this issue right now.

In short, when selecting questions to use in the interviewing process, two cardinal rules should be observed:

1. The questions asked must be job related or have a legitimate business reason for being asked and

2. The questions do not ask about a person’s protected class status.

As a side note, while the interviewee’s answer might reveal a protected class, the question cannot ask about it. For instance, asking an employee if he can work weekends would be a legal question for many different jobs. Even though an interviewee might answer by saying that he is Jewish and cannot work on Saturdays does not make that question illegal. The question is still legal even though the answer reveals a protected class.

An exception to these rules occurs whenever you are interviewing someone who has a known disability. This disability might be readily visible to you or the person might volunteer this information. If that is the case, then you are permitted to ask these people with disabilities questions about how they would handle various situations on the job.Why is this an exception? Because people with disabilities used to be denied jobs because they were viewed as not being able to perform the essential functions. Since the interviewers could not ask questions about the person’s disability, their true abilities were unfairly discounted. This cost them valuable jobs.

As a result, the EEOC has held that interviewers are allowed to ask interviewees with apparent disabilities or who voluntarily divulge their disabilities questions about how they would perform various essential functions of the job. So, in these situations, interviewers are allowed to ask questions about the person’s protected class.

So, in choosing these questions, interviewers should ask themselves:1. Why do you ask the question?2. What is the information you are seeking to ascertain?3. How is that information important or necessary for you to make a

decision on whether or not you are going to employ this person?

Sample Legal v. Illegal Interview QuestionsNational Origin - Legal

• CanapplicantlegallyworkintheU.S.?• Languageswhichapplicantwritesorspeaksfluently,ifapplicableto

position.

ILLegaL• Applicant’sbirthplace,orapplicant’sparents’,spouse’s,orotherclose

relative’s birthplace.• Ofwhatcountryapplicantisacitizen.• Whether applicant is naturalized or native-born citizen, or date

citizenship was acquired.• Inquiry into applicant’s lineage, ancestry, national origin, descent,

parentage, or nationality.

Religious Affiliation - Legal• Willingnesstoworkrequiredworkschedule.• Personalandworkreferencesnotrelatedtoanyprotectedclass.

ILLeGAL• Inquiriesintoapplicant’sreligiousdenomination,affiliation,church,

parish, pastor, or religious holidays observed.• Requesting references specifically fromclergyor anyotherpersons

who might reveal an applicant’s protected class status.


InterviewingSex - Legal

• Does applicanthaveobligations thatwouldpreventhim/her fromworking consistently, or working overtime, or traveling? (Takes in religious preference area as well.)

• Isapplicantwillingandabletolift“X”numberofpounds?Ifyes,andthere are doubts, then applicant can be tested by the employer. (Must be applicable to position and present employees.)

ILLeGAL• Intentionsofmarriageorplanstoraiseafamily.• Whileapplicantisworking,whowilltakecareofchildren?• Ifapplicantismarried,divorcedorwidowed.

Age - Legal• Isapplicantover16yearsofage?18yearsofage?21yearsofage?

ILLeGAL• Applicant’sage.

Types of Interview QuestionsThere are many different ways to ask interview questions. However, we are going to look at four primary types.

1. Closed-ended Questions: Closed-ended questions ask for a short definitive answer from the interviewee. Closed-ended questions are great for getting at very specific pieces of information. Interviewers may also use the closed-ended questions to prepare for a series of questions on the same subject.a) Are you able to work overtime?b) Would you be willing to relocate?c) Are you able to work weekends?d) Do you have any felony convictions?e) Can you handle pressure?f ) Did you like working with ABC Company?

2. Open-ended Questions: Open-ended questions ask for a longer explanation from the interviewee. They are called open-ended questions because they let the interviewee go anywhere they want in providing their answer. These questions are useful in seeing how the interviewee will organize and present an answer to you given little structure. a) What kind of responsibilities did you have at ABC Company?b) What did you like best about the company?c) Why did you leave your last job?d) What do you know about our organization?e) How does this organization fit into your goals?f ) What motivates you most of all on a job?g) What specifically do you hope to gain from this position?

3. Hypothetical Questions: Hypothetical questions occur when the interviewer poses a specific situation to the interviewee and the interviewee explains how he/she would handle the situation.

It is always a good idea to include in an interview hypothetical situations to see how the interviewee would react in certain situations. Good interviewers also give their interviewees real-life situations to reason through based on situations that actually happened within the organization.

The true advantage of asking interviewees to solve hypothetical situations based upon real-life instances is that they allow the interviewer to get a glimpse of the person’s instantaneous thought and problem-solving processes.

a) If a disgruntled employee came into the building wrapped in dynamite, what would you do?”

b) What would you do if a customer came in and started yelling at one of your employees?

c) What would you do if you suspected one of your employees was using drugs?

d) How would you deal with an employee who was not getting along with anyone else?

4. Behavioral Questions (S/A/R Format: Situation-Task/Action/Result): Behavioral questions in an S/A/R format ask the interviewee to think of a specific situation he/she has actually experienced in the past, what was the interviewee’s role, what actions the interviewee took in this situation and what was the result. This allows the interviewer to see how the person actually reacted in these situations in real life, how their thought processes worked in real situations and how successful this person has been in these situations.

Such questions would be posed in the following manner:

“Think of a situation you have been in where you had to lay off an employee. What actions did you take to do this and what was the final result?”

As follow-up questions, it may also be a good idea to ask the interviewee if he/she would do anything differently now. It is always nice to see someone grow and learn from their experiences. It is also nice to see if someone has the maturity to admit that they could have done something better.

Also, in order to help establish the truthfulness of the answer, interviewers may want to ask the interviewee what his/her supervisor or co-workers would say if the interviewer was to call them on the phone and ask them about this instance. The interviewee’s reaction to such follow-up questions can be quite revealing.

Examples of behavioral questions include:a) Describe an instance to me where you worked on a very detailed

project. Tell me what your role was, how you handled the situation and how did it come out? (1) Is there anything you would now do differently?(2) What if we called your former supervisor or co-workers and

asked them about this instance? What would they tell us?


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b) Describe to me a specific instance where you had your plans at work changed by your supervisor or a co-worker. What was your reaction and what was the result?(1) Is there anything you would now do differently?(2) What if we called your former supervisor or co-workers and

asked them about this instance? What would they tell us? (3) If you cannot think of an instance, how would you react to

someone changing your plans?c) Describe to me an instance when you had to communicate bad

news to another employee. How did you handle the situation and what was the final result? (1) Is there anything you would now do differently?(2) What if we called your former supervisor or co-workers and

asked them about this instance? What would they tell us?(3) If you cannot think of an instance, how would you

communicate bad news to another person, such as telling the person he is not doing well in his job?

By following these few simple rules, you should not have any trouble drafting legal and effective interview questions.

Notice: Legal Advice Disclaimer

The purpose of these materials is not to act as legal advice but is intended to provide human resource professionals and their managers with a general overview of some of the more important employment and labor laws affecting their departments. The facts of each instance vary to the point that such a brief overview could not possibly be used in place of the advice of legal counsel. Also, every situation tends to be factually different depending on the circumstances involved, which requires a specific application of the law. Additionally, employment and labor laws are in a constant state of change by way of either court decisions or the legislature. Therefore, whenever such issues arise, the advice of an attorney should be sought.

Scott Warrick specializes in working with organizations to prevent employment law problems from happening while improving employee relations. Scott uses his unique background of LAW and HUMAN RESOURCES to help organizations get where they want to go. Scott travels the country presenting his various programs, including his “Living The Seven Skills

of Tolerance,” “Bullying and Healing The Human Brain,” “The 7 Myths & 7 Skills of Strategic HR,” “Freaks & Geeks: Preventing All Forms of Bullying & Harassment In The Workplace” and “Emotional Intelligence For Humans.” For

more information on Scott, just go to www.scottwarrick.com.

Interviewing


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Member Spotlight

My Name is: T.J. Saye.

I work for: Salvi, Schostok & Pritchard P.C.

The firm and practice is: (Plaintiff) Catastrophic Personal Injury, Medical Malpractice, and Wrongful Death.

My title is: Chief Operating Officer.

Before becoming an administrator: I focused primarily on law firm marketing, public relations, and new business development at Sidley & Austin and Michael Best & Friedrich.

I joined ALA Greater Chicago because: I wanted to learn from my peers in the industry and use them as a resource. I also wanted to network and keep an eye on the ever-changing market within the legal field.

I have been working in the legal field for: 17 years.

I have a BA Degree from: The University of Wisconsin (Steven’s Point) and an MS in Integrated Marketing Communications from Roosevelt University (here in Chicago).

To be successful in legal administration: 1) Make time to think and strategize. 2) Set and accomplish realistic goals (both small and large). Build a culture of excellence.3) Never underestimate the value of developing trusted partnerships and collaborations with key people in your firm (regardless of position level) and outside your firm (key business partners). You need a strong support system to get things done.

The thing I like best about being a COO is: The great amount of trust placed in you by the equity partnership. There’s a lot riding on the important decisions you are asked to make, and I tend to like that pressure.

One of the challenges of being in legal administration is: Separating from the job. Staffing issues, finance, IT, marketing, clients and vendors, incoming case reviews… can all create a certain level of anxiety that is difficult to turn off when I leave the office.

The best advice I’ve ever received is: Something I’ve heard frequently at ALA conferences over the years. “There are no bad employees, just bad hires.” When you make a bad hire, own it and move quickly to cut your losses. A bad hire is a cancer to the operation—and not a good fit for the employee either.

I try to motivate my staff by: Listening to their needs, delivering on commitments made, and rewarding exceptional work.

If I weren’t an administrator, I would: be a comedian.

The last good book I read was: Unbroken by Laura Hillenbrand.

The last good movie I saw was: Shawshank Redemption. I simply cannot remember the last time I watched a movie… let alone a good one.

The last vacation I took was: London, England—Christmas 2012. I’m due.

The one appointment that I never miss is: our weekly shelf file meeting. I have a keen interest as to the quantity and quality of cases being investigated by the firm. A Plaintiff’s law firm will not stay in business long… without a lot of good cases.

In my free time, I enjoy: Hanging out with my wife (Jennifer) and daughter (Sophia). I also enjoy the time spent managing The Michael Matters Foundation (www.MichaelMatters.org), which I founded about a year ago.

T.J. Saye


By: Jose Cheesman, CLM

Test your knowledge.

Here are a few questions for you to test your knowledge:

1. Which of the following is not part of the Progressive Disciplinary Process?

a. Suspension with pay b. Suspension without pay c. Transfer or Demotion d. Evaluation

2. ___________ are often the issue when employees sue organizations over such matters as discipline, pay raises and termination.

a. Performance Management Systems b. Critical Incidents c. Progressive discipline d. Employment At-will

3. What methods do not measure performance? a. Ranking and Observation b. Rating, Ranking & Observation c. Observation & Narratives d. On-the-job training

4. Which of the following is true? a. Rankings place an individual performance on a

continuum b. Ratings are a comparative measure in which individuals

performance is compared with the performance of others. c. Ratings objectivity maybe be difficult since differences

between employees may be minimal. d. None of the above[Answers on next page at the bottom]

Got CLM?

“As a Certified Legal Manager I feel a sense of satisfaction in knowing I am

part of a growing group of legal managers raising the bar for our profession,

and I am glad I went through the process. Studying for the exam helped me

strengthen my knowledge and skills in areas of administration I don’t often use

day-to-day, but I do need to draw upon as the demands of my firm dictate. CLM

has made me a better-rounded administrator and leader, ready for anything.”

The ALA Certified Legal Manager (CLM)SM program has been helping legal managers chart their courses to personal satisfaction and professional success for more than 10 years. Find out how CLM is right for you at www.alanet.org/clm.

Confidence. Leadership. Mastery. Steve Wingert, CLM2012-2013 ALA President

www.alanet.org/clm


Got CLM?

TM

www.alanet.org

Stay Connected with ALA!

Facebook:www.alanet.org/facebook

LinkedIn:www.alanet.org/linkedin

Twitter:www.alanet.org/twitter

C

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Join Jose Cheesman, MSLA, CLM, CLM Director, at his office every Monday at 5:30 p.m. (Baker & McKenzie Global Services LLP), 300 East Randolph Street, Suite 5000) for the weekly study group.

Answers: 1) d 2) a) 3) d 4) d

Study Schedule**Please note that the study group locations may be changed to another location based on the convenience of those participating.

Financial Information and Analysis (16%)Monday, January 13, 2014 Knowledge of methods of financial analysis including reading and interpreting financial statements, calculating and interpreting various financial ratios, and analyzing comparative financial information across fiscal years. Monday, January 20, 2014 Knowledge of budgeting, financial reporting, cash flow analysis, and variance analysis. Monday, January 27, 2014 Knowledge of financing methods and investments (e.g. lease vs. buy); Knowledge of U.S. federal payroll and employee benefit procedures, and tax and reporting requirements (e.g. Internal Revenue Service Code).

II. Human Resource Management (35%)Employee Selection and Promotion (12%) Monday, February 3, 2014 Knowledge of procedures and tools for recruiting, selecting and promoting employees; Knowledge of U.S. Federal employment laws (e.g. Civil Rights Act of 1964, ADA, ADEA etc.);

Performance Management & Compensation (18%)Monday, February 10, 2014 Knowledge of U.S. federal employee benefit laws (e.g. FLSA, COBRA, FMLA, HIPAA, ERISA); Knowledge of performance management systems (e.g. appraisal, disciplinary, and termination procedures). Monday, February 17, 2014 Knowledge and expertise in personnel training and development systems/methods; Knowledge of employee motivational techniques; Knowledge of incentives/rewards systems (e.g. compensation, employee benefits).

Organizational Development (5%)Monday, February 24, 2014 Knowledge of leadership styles and techniques; Knowledge of team development and management principles (e.g. self-directed teams, team building); Knowledge of organizational development techniques; Knowledge and skill in negotiation and conflict management techniques.

TEST DATE: May 7, 2014


Webinar Recap

Saying the Hard Things with AlohaBy Jamie Felice, DLA Piper

The ALA webinar for October was held on Wednesday, October 16, and titled “Saying the Hard Things with Aloha” by Jayson L. Dibble, Ph.D. The speaker’s main focus was to discuss why breaking bad news is so difficult, the nature of bad news, and practical strategies and takeaways to use when having difficult conversations.

So why is giving bad news so difficult? What are we afraid of? Mr. Dibble touched on a variety of reasons including being blamed, the unknown reaction, expressing emotion, and damaging the personal relationship. He also discussed the MUM Effect which means keeping “Mum” about Undesirable Messages. Many people hesitate or are reluctant to have difficult discussions and breaking bad news because it is uncomfortable. This causes avoidance, using less immediate ways to break the news like an email or letter instead of an in-person conversation, using indirect language (e.g., doublespeak) and just delaying the onset of the bad news message.

Mr. Dibble shared some helpful tips on how to prepare in advance before breaking the bad news. It is important to be prepared and work through the situation in advance in order to help the conversation go as smoothly as possible. Some tips to do this include working through your own reaction to the news, being clear about the goals you’re trying to achieve during the conversation, making sure you are the right person to have the conversation, and estimating how much of an impact the difficult news will have on the person who is receiving your message.

Before giving the message, some of the basics include making sure you have the meeting in an appropriate place. It is important to have a comfortable and private place to meet. Limit small talk and do not delay the news any longer than necessary. Remember, bad news should rarely come as a surprise. If the difficult news is being given to a group, it is critical that the entire group be told at

the same time. Make sure to use Regulatory Fit, which means tailoring the language you use to the recipient’s personality. Mr. Dibble discussed two types of Regulatory Fit. The first type is promotion focused, or promoting desirable outcomes. If we change this behavior or make this difficult change, it will increase the likelihood of a desirable outcome. The second, prevention-focused, prevents undesirable outcomes. If we change this behavior or make this difficult change, it will prevent a bad outcome.

The next step is to transition into the bad news. Mr. Dibble used the example of “There is no easy way to say this…” Be polite, clear, honest, avoid jargon, and communicate the reasons. If you do not know the reason up front, it is okay

to say you do not know at first. But you should always follow up afterwards with more details. If possible, try to involve the person or people receiving the message by soliciting ideas. Finally, discuss the next steps (if known) going forward.

As many experienced ALA managers already know, one of the most important aspects of delivering a difficult message is treating people with respect and dignity. Mr. Dibble also recommends you practice empathy, do not make promises you cannot keep, put any agreements in writing and be as flexible as possible. Control what you can but also be flexible and ready to react in different situations. And let’s not forget to listen to your gut!


in the ALA Legal MarketplaceFind what you’re looking for

Your time is valuable. Why waste it?With a simple search in the Legal Marketplace you can have immediate access to a variety of business partners who know your needs and can deliver the goods.

Whether you’re looking for consultants or computing, outsourcing or office supplies, retirement plans or record management, theLegal Marketplace will save you time and effort.

Start your search now in the ALA Legal Marketplace:

www.alanet.org/legalmarketplace


Event Photos

The Greater Chicago Chapter’s Holiday Party was held on December 4, 2013, at Embeya Restaurant. Thank you to our wonderful Platinum Sponsor, Next Day Toner, for a great event!

Chapter members mingle at Embeya Restaurant

Laura Marlin, Lucky Winner of a $50 Gift Card from Next Day Tonor

Travis Larson and Mary Lynn Wilson

Jena Neisler, Mary Lynn Wilson, Ivie Cohn, Lisa Van Sant and Deborah Kuchta

Todd Walters of Next Day Toner presents Jeanette Scalise with a $50 Gift Certificate to

Embeya.

Scott Popp, Ony Beverly and Kerry Mansfield



Event Photos


Cal Lindsay and Antoinette Burchard Jose Cheesman and Jane Klenck

Marie Coffee sells raffle tickets to Pattie Wagner

Lucky Winner Jeannette Scalise

Maureen Feltman and Maureen Dohe

Laura Sears and Deb O’Donnell (center) with Platinum Sponsors from Next Day Toner Bev Bollman, Todd Walters, Tom Kosloskus, and Jeff Bollman

Patricia D’Anna, Laura Marlin, Julie McCormack and Nancy Nelson

Rita Nielsen, Amy Simons, and Sherry Gini


New Members

The Greater Chicago Chapter welcomes our new

and returning members:

Suzanne M. KalisikAdministrative DirectorDentons US, Chicago233 S. Wacker DriveSuite 7800Chicago, IL 60606Phone: 312-876-2385Fax: [email protected]

Maria V. PisarekDirector IS Communication and AdministrationChapman and Cutler LLP (240 Attorneys)111 W. Monroe StreetSuite 1700Chicago, IL 60603Tel: (312) [email protected]

Brian ZoleckiDirector of FinanceButler Rubin Saltarelli & Boyd (32 Attorneys)70 W. Madison StreetSuite 1800Chicago, IL 60602Tel: (312) 696-4467Fax: (312) [email protected]

More value for your dues dollar — the Encyclopedia, formerly a $395 subscription, is now a members-only benefit.

With carefully researched articles, written by recognized legal industry experts, the Encyclopediaoffers concrete, practical information on the legal management challenges you face on a daily basis. Answering the tough questions, the Encyclopedia integrates many useful features including:

ALA Management EncyclopediaSM

Included with Your Membership

The Knowledge You Need — When You Need It Learn more at www.alaencyclopedia.org

• links to key websites • functional spreadsheets

• forms and checklists • charts and graphs


K2

K E N O

K O Z I E


The 2014 Annual Conference Committee is thrilled

to announce that former U.S. Rep. Gabrielle

“Gabby” Giffords and her husband, Captain Mark

Kelly, a retired combat pilot and astronaut, are

confirmed to appear as our opening keynote

speakers for the conference. Our keynote

program, sponsored by Thomson Reuters,

will be entitled, Endeavour to Succeed.

ALA Announces Giffords and Kelly Will Be 2014 Keynote Speakers

Gabrielle “Gabby” GiffordsCaptain Mark Kelly

alanet.org/annual

Save the dates now to join us in Toronto, and watch your inbox and ALA social media outlets for more exciting conference details. Registration opens in November.


Put the new logistics to work for you. UPS is proud to support the Greater Chicago Chapter of the Association of Legal Administrators. For more information, contact Anthony Perrino at [email protected].

UPS delivers overnight by 8:00 a.m. to more businesses and ZIP Codes than anyone. When you have urgent documents requiring a client signature, sometimes mid-day delivery just won’t do. That’s why we recently expanded the number of locations for our early morning, next-day deliveries — to help your clients avoid the waiting game and give your firm a true competitive advantage.

Time is always an issue, so rely on UPS to help you reach more businesses and more ZIP Codes earlier than anyone. Serving more of your clients earlier. Now that’s the power of logistics.

Copyright © 2012 U

nited Parcel Service of Am

erica, Inc.


A Chapter of theAssociation of Legal Administrators

P.O. Box A 3936Chicago, IL 60690

Special Thanks to Elk Grove Graphics for printing this issue of Administrator’s Advantage.

ministrator’s vantage...vantage 2 the administrator’s advantage november / december 2013...

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