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The caption of this case is Evanston Insurance Company v. Riseborough and Jacobson and Riseborough, 1-10-2660.

The opinion is not available online or on the website of the Appellate Court.  I learned of this case when I read an excellent article by the Chicago Daily Law Bulletin.  I am amazed that an opinion of this importance is not published or easily available.  I had to send someone to the Appellate Court clerk’s office to obtain a copy of the opinion.

The case is of importance because it holds that the legal malpractice statute of limitations does not apply to a suit brought by a non-client against an attorney arising out of the performance of professional services.

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Thomas E. Spahn has published an article titled “A Practical Roadmap To The New Illinois Ethics Rules.”  The article compares the 2010 Illinois ethics rules with the ABA model rules and the previous 1990 version of the Illinois Rules of Professional Conduct.  The article can be found at 35 Southern Illinois University Law Journal 27.

It is an understatement to describe this article as thorough and thoughtful.  Spahn also discusses the lengthy comments appended to the Illinois Rules.  The discussion is focused on the needs of the practitioner, not the academic.  As such it is worth reading.  The article is about 90 pages long and it requires close study.

Edward X. Clinton, Jr.

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Filed May 24.

This is an opinion of the ARDC review board, the final step before a disciplinary matter goes before the Illinois Supreme Court.  The ARDC charged the lawyer with failing to disclose her financial interest in six real estate closings because she was the title agent.  Moreover, in four transactions the lawyer represented both buyer and seller.

Lawyers often act as title agents in real estate transactions.  Acting as a title agent is very common.  This opinion tells lawyers that they must disclose that they are acting as a title agent.  Failure to disclose this conflict of interest (even though this occurs every day in Illinois) is misconduct.

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