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Showing 5 posts from February 2015.

Illinois Expands Definition of Reimbursable Loss Suffered by Clients

A client whose case is not completed due to the death or disability of his or her attorney, and who has made reasonable efforts to pursue civil remedies, is now eligible to apply for reimbursement through the Client Protection Program (CPP) Trust Fund. More ›

The 2015 LMRM Conference Starts Tomorrow

The 2015 LMRM conference starts tomorrow in Chicago with the Opening Reception at the Westin Chicago River North at 6 pm in the Astor Ballroom.  More ›

Attorney Disbarred even Before Being Admitted to Practice.

A law license is usually a prerequisite for disbarment in attorney disciplinary matters. That may not be the case in Illinois anymore. For the first time, Illinois disbarred an out-of-state lawyer without an Illinois law license under an amended rule governing the unauthorized practice of law. This particular attorney was licensed to practice law in Missouri and in Indiana, but entered his appearance as an attorney in six cases in St. Clair County, Illinois and in 3,081 cases in Madison County, Illinois over the course of seven years. In each of the those cases, the attorney falsely represented on the entry of appearance that he was admitted to practice law in Illinois, and used the attorney registration number of another licensed Illinois attorney. The attorney told the ARDC he was admitted pro hac vice in several Illinois cases and was in the process of applying for admission to Illinois’ bar and that his firm “mistakenly jumped the gun” when it put Illinois on his list of law license registrations on its website. The Hearing Board and the Review Board, however, did not believe those statements and recommended disbarment. More ›

Criminal Legal Malpractice and the Actual Innocence Requirement

Important differences between criminal and civil legal malpractice underscore the uniqueness of criminal legal malpractice claims. For example, attorney error in the civil context generally means an adverse financial result to the client. In the criminal context, malpractice can mean the loss of the client's liberty. A civil malpractice suit against a criminal attorney is also unique in that a criminal defendant's failure to get relief from the judgment of conviction may preclude a legal malpractice action against the attorney. So, too (depending upon which state you're in), may the malpractice plaintiff's failure to either plead or prove actual innocence of the crime charged be fatal to the malpractice claim. More ›