Practice News

ISBA Mutual Liability Minute

By Joseph R. Marconi & Brian C. Langs1, Johnson & Bell, Ltd., Chicago

Back in July of 2011, we warned of a then popular e-mail/fraudulent check scheme whereby lawyers would receive e-mails from alleged potential foreign clients looking to collect debts from customers. Those scammers convinced the unsuspecting lawyers to deposit fraudulent “settlement checks” into client accounts and wire the “clients’ share” to foreign accounts after the bogus checks cleared. When the frauds were eventually uncovered by the banks, the lawyers were left with liability to the banks for the fraudulent check and wire transfers.2 Since then, newer, more complex electronic scams have surfaced whereby hackers intercept e-mails between lawyers and clients that contain wire transfer instructions. After intercepting such an e-mail, the hacker changes the instructions in the e-mail to wire money to his own untraceable account. The hacker forwards his bogus wiring instructions to the unsuspecting recipient, all while “masking” his identity as the sender and making it appear to the recipient as if the instruction came from the correct sender, whether lawyer or client.

Q.  Can I contact former clients with whom I had an attorney-client relationship and tell them I left my firm?

A. Comment 4 to IRPC 7.3 does not prohibit an attorney from directly contacting former clients to inform them of the attorney’s departure or to solicit their employment.

Any individual planning to leave a firm should review the case of Dowd & Dowd, LTD. V. Gleason, 352 Ill. App. 3d 365 (1st Dist. 2004) which covers many aspects such as contacting prospective clients before one has actually left their firm and other fiduciary duties  For more information, see ISBA Advisory Opinion 12-14. 

ISBA members can browse past ISBA Ethics Opinions, access our Ethics Hotline, and other resources on the ISBA Ethics Page.

[Disclaimer.  These questions are representative of calls received on the ISBA’s ethics hotline.  The information provided below is meant as an educational tool to highlight potentially applicable Illinois RPC or other ethics resources that might help the lawyer answer the question posed.  The information provided isn’t legal advice.  Because every situation is different, often complex, and the law is constantly evolving, you shouldn’t rely upon this general information without conducting your own research.]

Chief Circuit Judge John T. Elsner is pleased to announce that following a tabulation of ballots by the Administrative Office of the Illinois Courts in Springfield, the Circuit Judge of the 18th Judicial Court, DuPage County, have appointed Robert W. Rohm to the position of associate judge.

Mr. Rohm fills the vacancy created by the retirement of Associate Judge Thomas C. Dudgeon.

 
The Supreme Court of Illinois announced the filing of lawyer disciplinary orders on Sept. 12, 2014, during the September Term of Court. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.