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This post is off-topic, but it is important to bloggers and writers. My initial reaction to this decision was “Whew.”

This blog often reports on cases that have been filed. When a complaint is filed, I may write a blog post even though the allegations in the complaint have not been put to the test of proof. Obviously, allegations that have not been proven are not facts, but they could become established facts after a trial.

Catalanello sued Zachary Kramer, a law professor, who wrote and article and gave a speech in which he discussed allegations that were made against Catalanello in a sexual harassment lawsuit. The plaintiff in the underlying case alleged that Catalanello harassed him for being gay. Catalanello disputed the claims. The case was later dismissed with prejudice, possibly due to a settlement.

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WEST BEND MUTUAL INSURANCE COMPANY v. RODDY, LEAHY, GUILL & ZIEMA, LTD., Dist. Court, ND Illinois 2014 – Google Scholar.

This is a legal malpractice case arising out of a defense of a workers compensation claim. West Bend alleged that the defense counsel retained to handle the workers compensation claim did not meet their professional duties because they conceded liability and failed to prepare an adequate defense, including failing to adequately depose the treating physician and failing to develop a causation defense.

Judge Guzman dismissed the complaint pursuant to Rule 12(b)(6) on the grounds that the record demonstrated that the lawyer defendants did not concede liability and failed to plead causation. The opinion explains:

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This is a legal malpractice case in which the plaintiff, after enormous effort, obtained a damages award of $2000 at trial. The Appellate Court affirmed the damage award.  Unfortunately, the Appellate Court issued an unpublished opinion, Hubertus Investment Group v. Smiegelski & Wator, P.C., 2014 IL App (1st) 131927-U. This case is an example of a case where there may have been negligence, but the damages were minimal.

On May 7, 2009, Hubertus entered into a contract to purchase 12 vacant properties in Chicago, Illinois, from Dragan Radojcic for the sum of $190,000. The closing was scheduled for June 1, 2009. Hubertus alleged that the lawyer defendants were negligent because they failed to secure water certificates from the City of Chicago and because they failed to obtain title to a lot at 4407 West Fulton in Chicago, Illinois. The Fulton lot was appraised at a value of $2000. The water certificate (when obtained) proves that the water bill of the City of Chicago has been paid.

Hubertus also alleged a breach of title commitment against Chicago Title. However, on January 23, 2013, CTIC “produced, executed and recorded quitclaim deeds encompassing 11 of the 12 properties; the remaining property at 4407 West Fulton had been sold for taxes.” The trial court ultimately granted summary judgment in favor of Chicago Title. The case proceeded to trial against the lawyer defendants.

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Filed April 10.

This is a case involving a lawyer who successfully obtained employment with DCFS. The ARDC charged that he falsified his Illinois Employment Application by listing employment at a company. By falsifying employment (and salary) the lawyers was able to obtain a higher salary than he otherwise would have obtained.

“On July 1, 2003, Respondent received a four-year term position as an attorney with DCFS at a salary of $85,000. (Tr. 51, 55). That position required him to be a lawyer. (Tr. 270). At that time, Respondent was aware of the Governor’s Office’s policy that new employees to State government could not receive 10% more than their most recent salary. (Tr. 52-53). However, he also was aware that exceptions could be made to this policy. (Tr. 53-54).

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Illinois has a statute of limitations (2 years from discovery) and a statute of repose (6 years from the alleged negligent act by the attorney). In estate planning matters, Illinois also has another provision 735 ILCS 5/13-214.3(d) which governs injuries that occur on the death of the client.

In 2002, LeRoy Voga retained James Nash, an estate planning attorney, to prepare an estate plan, including a trust. LeRoy Voga passed away on September 26, 2006.

In January or February 2009, plaintiffs, Voga’s children, sued on a number of theories, including legal malpractice. Plaintiffs alleged that the trust caused them to incur estate taxes they would not otherwise have incurred. They voluntarily dismissed the case without prejudice, but refiled the case in February 2010. After lengthy proceedings in the trial court, including the filing of two amended complaints, the trial court dismissed the case pursuant to Section 13-214.3(d).

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You are an employee of a corporation. Something bad happens and the corporation’s internal lawyer (or an outside lawyer) tells you he wants to talk to you. When the interview starts, he tells you that he does not represent you, he only represents the corporation. You don’t think about the significance of this statement and you start talking. Later, the corporate lawyer prepares a report or refers you for prosecution, all in the name of protecting the company. You have fallen into a trap and you can’t get out.

When you hear that statement (I represent the corporation, not you), you need to understand this:

(1) the corporate lawyer is not here to protect me;

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Filed March 31.

This is one of several recent cases where a lawyer has made statements questioning the integrity or honesty of judges and has been disciplined. Here the Review Board upheld a recommendation of a six-month suspension for Brian Sides. Here, the lawyer was attempting to vacate a small claims judgment against him and he accused the judge, who ruled against him, of a lack of integrity and honesty. Later, he accused other judges of misconduct.

Statements such as the ones made in this case almost always result in discipline. To defeat the professional claim, the lawyer would have to prove all the statements were factually true, which, of course, he cannot do. It is always permissible to question the reasoning of an opinion. It is improper to question the integrity of the judge or other lawyer.

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Filed March 6.

This is an unusual proceeding. A lawyer, John Argoudelis, was retained to represent a client. The client, Paul Volgar, informed him that he was the sole heir of James Volgar. Later, the lawyer filed an Affidavit of Heirship which listed one heir. The attorney was disciplined because, soon after filing the affidavit, he became aware that James Volgar had several other heirs, but he failed to correct the affidavit.

The opinion explains:

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The case is captioned Donald W. Forhman, and Associates, Ltd., v. Marc D. Alberts, P.C., 2013 IL App (1st) 123351, decided March 14, 2014 by the Illinois Appellate Court, Sixth Division.

This is a dispute between two law firms over referral fees. A referral fee is a fee paid by the lawyer who obtains a referral. The lawyer making the referral collects the referral fee. This is the third referral fee dispute I have seen in the Illinois reports this year. The increase in referral fee disputes may be due to the tough economic times in the legal profession. That may, in turn, cause lawyers to fight with each other over fees.

The Facts:

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Harris v. Vitale, Ill: Appellate Court, 1st Dist., 2nd Div. 2014 – Google Scholar.

This case was brought by Robert Harris, the Public Guardian of Cook County. Harris was appointed the plenary guardian of the person for Andrea Molloy, a disabled person. The Illinois Appellate Court, First District, has affirmed a decision dismissing a legal malpractice case against a lawyer, who became involved in the guardianship case.

Molloy had dementia and chronic obstructive pulmonary disease. In February 2009, Harris filed a petition to be appointed temporary guardian of Ms. Molloy and a petition for the appointment of a guardian for a disabled person.

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