McHenry County Bar Association names Thurston to Board of Governors

May 21, 2009:  On behalf of the McHenry County Bar Association (www.mchenrycountybarassoc.org), incoming President Angela Thuma named TJ Thurston to the position of Chairperson of the Bylaws Committee of the MCBA’s Board of Governors for the 2009-2010 year.  Thurston will be a full member of the Board of Governors and also has responsibility for monitoring any proposed changes to the by laws.  The MCBA Board meets every month and is a highly respected part of the legal community in McHenry County, Illinois.

Law Day is big hit in McHenry County; TLO participates

Thurston Law Offices was very involved with “Law Day” put on by the McHenry County Bar Association (www.mchenrycountybarassoc.org).  Law Day is a series of events to educate the community on the role our legal system plays in society.  The 2009 Law Day program was titled “A Legacy of Liberty” in honor of the 200th birthday of former Illinois President and lawyer Abraham Lincoln.

TJ Thurston participated in the mock trial at the McHenry County College performed in front of high school students on April 16, 2009.  Playing the role of a multi-accented DNA expert, Thurston was one of the witnesses for the prosecution.  12 high school students, chosen to be on the jury, found the fake defendant not guilty.

On May 13, 2009, Thurston visited three classrooms at Mackeben Elementary School in Huntley School District 158 to discuss the role of lawyers and also perform a mock trial.  1st grade classes (Conroy and Starnes) and a 2nd grade class (Zastrow) all participated and had a really fun time.  TJ got to enlist his own son Nigel (Ms. Starnes class) to play the villain in the mock trial.

Law Day 2009 was honored in the McHenry County Bar Association publication “In Brief” for May 2009 and a letter from incoming President Angela Thuma.  The program was a huge success.

ISBA appoints Thurston to new committees

April 2009: The Illinois State Bar Association (ISBA; www.isba.org) appointed TJ Thurston to the Federal Civil Practice Section Council, the Civil Practice & Procedure Section Council, and the Standing Committee on Legal Technology for the 2009-2010 fiscal year.  These appointments are prestigious and come directly from the incoming President of the ISBA, who is John O’Brien, a lawyer whom TJ Thurston is proud to call colleague and friend.

TJ Thurston named to Board of Directors of Cure MS Foundation

March 6, 2009: TJ Thurston, of Thurston Law Offices, PC, is named to the Board of Directors of Cure MS Foundation, Inc., a non profit, 501(c)(3) organization established to raise money and provide assistance for those with Multiple Sclerosis.  TJ’s wife Deanna suffers from the disease and he hopes that through various efforts a cure can be found for the debilitating disease.  TJ joins Kim Albin, founder, and Dave Perez as fellow Directors.  More information, how to help or donate, and some of the great events being sponsored can be found at the Cure MS Foundation website:

www.curemsfoundation.org

Press Release: Thurston Law Office Represents Plaintiffs in Ponzi Scheme Class Action

FOR IMMEDIATE RELEASE

MINI-MADOFF PONZI SCHEME IN WOODSTOCK, ILLINOIS

CHICAGO, ILLINOIS, MARCH 10, 2009 – Who knew an $8 million Ponzi scheme was being hatched in the same small town where the movie Groundhog Day was filmed? It’s like Bernie Madoff all over again.

On February 25, 2009, a class action complaint was filed in the United States District Court for the Northern District of Illinois on behalf of investors alleging they were conned by Francis X. (“Frank”) Sanchez of Woodstock and James D. (“Jim”) Bourassa of Gilberts, among others, into giving money to a purported property rehabbing business. The case, Bradley Schaufenbuel, et al. v. InvestForClosures Financial, LLC, et al., Case No. 09-cv-1221, alleges that there never was a property rehabbing business. Rather, Sanchez and Bourassa, through “nearly constantly changing and involuntarily dissolved business organizations and names,” took the investors’ money and formed a Mexican corporation in order to purchase 27 acres of property in Mexico out of the reach of the investors.

Following on a November 2007 finding by the Illinois Securities Department that these same Defendants committed fraud in the sale of securities and failed to register the securities they sold to investors, Defendants were told to cease and desist issuing more securities. Yet, Defendants’ website www.roimexico.com is still soliciting investment apparently in direct violation of the Illinois Securities Department Order.

Plaintiffs’ Class is represented by Thurston Law Offices, P.C. of Huntley, Illinois and Law Offices of Joel M Weiner, LLC of Palatine, Illinois.

The Federal class action Complaint is available for free download from Thurston Law Offices, P.C.’s website at http://www.thurstonlawpc.com/blog/ifcfedcom.pdf. (1.3 MB; 52 pages) The Illinois Securities Department Cease and Desist Order is available for free download at http://www.thurstonlawpc.com/blog/isdorder.pdf. (227 kb; 8 pages)

For more information, contact: TJ Thurston, Thurston Law Offices, P.C., 847-659-8613 or tj@thurstonlawpc.com, lead counsel for the class of plaintiffs in the case.

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ISBA News Cites Thurston On Prejudgment Interest

The Illinois State Bar Association has printed a position letter from Robert C. (“TJ”) Thurston on the debate of the pending Prejudgment Interest bill before the Illinois General Assembly.  The article can be read online from the ISBA Bar News here:

http://www.isba.org/publications/barnews/2009/02/prejudgmentinterest.html

Chicago Daily Law Journal Quotes TJ Thurston on Prejudgment Interest

Chicago Daily Law Bulletin

http://www.chicagolawbulletin.com/

December 16, 2008 Volume: 154 Issue: 246

ISBA approves prejudgment-interest legislation

By Jerry Crimmins
Law Bulletin staff writer

The assembly of the Illinois State Bar Association has approved draft legislation that would require the payment of prejudgment interest to successful plaintiffs in all civil litigation in which money damages are sought, according to ISBA President Jack Carey.

The assembly of more than 200 passed the proposal Saturday with the approval of about two-thirds of the members, said Carey of Belleville.

The action took place at the ISBA’s mid-year meeting at the Sheraton Hotel & Towers.

The proposed legislation is vigorously opposed by the Illinois Association of Defense Trial Counsel.

Gregory L. Cochran, president of the IDC, said Tuesday, ”The ISBA is supposed to represent all sectors of the state bar. By approving this very pro-plaintiff measure, the ISBA has turned its back on the many defense attorneys among it members.”

Cochran added, ”In approving proposed legislation for prejudgment interest, the ISBA acted with complete disregard for the current economic plight of Illinois citizens and the businesses which employ Illinois citizens. While the proposed measure would be very good for plaintiff attorneys, it would hit Illinois citizens and employers square in the pocketbook.”

Carey, who supports the proposal, said Tuesday it is not his philosophy that the ISBA should be ”neutral on all issues. I have a philosophy [of] lead, follow or get out of the way. The ISBA represents 35,000 plus lawyers. It ought to take a position.”

According to an ISBA statement describing the draft legislation, ”a prejudgment interest statute would encourage quick evaluation and early settlement of civil cases.

”It is legislative recognition that the delay awaiting a money judgment is also a delay in the value of the judgment that is ultimately received. Sixteen other states have already done this.”

The proposed legislation says in part: ”If a party seeks money damages in an action at law or in arbitration, prejudgment interest must be awarded from the date the party from whom money damages are sought is given written notice of the claim for money damages or the action or arbitration is filed, whichever is earlier, until the award or judgment is entered.”

The proposed law also says a defendant may avoid paying prejudgment interest by making a written offer of settlement to the plaintiff up to 120 days after the defendant has entered an answer ”or other responsive pleading to a complaint, petition, or demand for arbitration.”

If the plaintiff does not accept the settlement offer within 30 days of receiving it and the eventual plaintiff’s award or the judgment against the defendant is less than or equal to the settlement offer, ”no prejudgment interest may be awarded against that defendant,” the proposed legislation states.

The interest rate to be used is the ”average, one-year constant maturity United States Treasury bill rate” of the year preceding the filing of the lawsuit plus two percentage points.

Carey said some members of the assembly in the debate thought this prejudgment interest rate was too low. Carey noted that the current Treasury bill interest rate is zero.

Carey said he took no position in the floor debate, but he does support the proposed legislation.

”I thought it was a consumer issue,” he explained. He said ”what we have found in some jurisdictions” where binding arbitration is required in certain suits for civil damages is ”that it is the policy of insurance companies or corporations” to automatically reject arbitrators’ decisions.

Insurance companies or corporations decide, ”I don’t want to pay this now. Let’s stall it out,” Carey said.

Carey added, ”There ought to be an incentive for both sides to get the matter resolved,” and he argued prejudgment interest would provide an incentive.

Carey is a solo practitioner. He said he primarily does civil litigation on behalf of trade unions.

Huntley lawyer Robert C. ”T.J.” Thurston, who argued in favor of the proposal Saturday and does primarily plaintiff work, said Tuesday that in Cook County it could take five years from the date of an injury to the judgment in a lawsuit.

He contended that insurance companies can invest the money at stake as soon as they get notice of the claim and make money by not settling promptly.

The proposed legislation would exempt units of local government, small claims actions, claims for punitive damages, disputes subject to a written contract in which prejudgment interest is stated in the contract, and actions governed by more specific statutes.

The prejudgment interest in this proposal would also apply to ”counter claims” filed by defendants and ”third-party actions” filed by defendants, so it could benefit defendants in some cases, the ISBA argues.

Cochran and Robert T. Varney of Bloomington, an ISBA assembly member who is also an IDC member, both said the ISBA proposal is flawed because they contend it fails to provide any incentive to the plaintiff to accept a reasonable settlement offer.

The IDC also argues in its own position paper that the ISBA proposal violates due process because it imposes interest even before it requires the plaintiff to provide information on which the defendant can reasonably assess liability and damages.

Also, the ”written notice” provision, which would trigger the start of prejudgment interest is ”vague and ambiguous” and does not even state who is required to give the notice, the IDC argues.

The IDC also argues that most plaintiffs recover medical bills and lost wages from insurance policies before court judgments and already may still recover the same damages again from lawsuits.

Additional prejudgment interest would provide ”windfall recovery for plaintiffs,” the IDC contends.

TJ Thurston to speak at Estate Planning seminar

Robert C. (“TJ”) Thurston will be one of the main speakers at National Business Institute’s Estate Planning Basics Seminar in Rockford, Illinois on December 17, 2008.  An online brochure can be viewed or downloaded here:

http://tinyurl.com/5vgzmj

This is a great seminar for attorneys or estate planning professionals who want an introduction to the key issues facing clients for their future needs.

You can register as follows:

• WEB: register online at www.nbi-sems.com
• PHONE: (800) 930-6182 – weekdays 7:00 AM – 5:30 PM Central
• FAX: (715) 835-1405
• MAIL: NBI, Inc. P.O. Box 3067, Eau Claire, WI 54702

Hope to see you there!

Some Law Office Software Tools – Making the Practice Easier

Recently, I’ve received some tips and then tested some software and online tools that really make the practice of law a bit easier.  Here are some of those tips:

1.  Fax – eFax.  Actually, I lied.  I’ve been using this for a long time.  Its fantastic.  Better than a fax machine, but there is a fee involved.  There are some other software tools to replace fax machines, but I like this one.  It sends my faxes from any software (Word, Adobe, Excel, etc.) and it receives faxes sent to me as PDF files in my email inbox.

2. Outlook – Xobni.  What the heck? you might ask.  Spell it backwards – i n b o x.  It is a companion tool to Outlook and provides a lot of useful information, such as conversations with clients over a period of time; faster searches for that email you’re looking for; easier access to contact information; and so many other benefits.  No switching back and forth between your calendar, your sub email folders, and your Contacts folder – Xobni puts it all in reach in a sidebar.  Fantastic!

3. News – SimplyHeadlines.com is a customizable consolidation of RSS feeds of all kinds of information that formats as a newspaper and is sent to your email inbox on a daily basis.  You can select from their preset choices of RSS feeds or add your own (for example, if there is a legal news source you use and it has a RSS feed, just get the URL and plug it in).  Get your world, national, local, sport, weather, business, entertainment, and other news plus a Dilbert comic strip, Suduko, and other fun stuff in your own personalized newspaper.  Very cool.

And to add some fun to your day:

4. Music – Last.fm and iLike are two tools that integrate with your music players and will track your usage and preferences (you can manually add these too) and recommends music you might like.  They also provide access to free music that fits your profile.

5. Social Networking – This is the new thing on the Internet and even newer to us technology turtle lawyers. MySpace gets a lot of press, but not in a good way.  LinkedIn is another popular one, but careful of your local ethics rules – it may not allow referrals this way.  But good old Facebook is safer and can be either a way to connect with old friends, classmates, or flames OR it can be a way to promote your practice.

6.  Photos – Yahoo recently purchased Flickr, which is a fairly good site to store, print and share your photos.  If you use Flickr, then you’ll appreciate the Flickr Uploadr 3.0 tool that allows you to upload your photos in bulk (instead of the slower direct upload on the Flickr site).

Enjoy!

TJ

Professionalism and Civility of Lawyers

I was recently appointed to the McHenry County Bar Association Commission for Professionalism by Judge Sullivan.  We are associated with the initiative by the Illinois Supreme Court to promote and develop professionalism, ethics and civility among lawyers, judges and our system of justice.

There is an excellent article written by the Hon. Michael J. Fusz, Associate Judge of the 19th Judicial Circuit Court in Illinois, on this topic.  He outlines the problems of civility and professionalism in our profession very well and makes excellent suggestions on how to improve and make the practice of law and our system of justice more ‘civil’ and give more confidence to the public in general.

You can download a copy of the excellent article by clicking on the link below:

http://www.thurstonlawpc.com/blog/professionalism_fusz.pdf

[PDF file]

TJ Thurston