Attorney (Stanley), who was in a Firm with and was the husband of the attorney (Kathleen) who Plaintiffs hired for their real estate transaction, did not owe Plaintiffs a fiduciary duty as to their funds deposited in the firm's interest on lawyer trust account (IOLTA). Plaintiffs transferred money for a real estate purchase into the Firm's IOLTA account, but Kathleen never completed the real estate purchase or returned the funds. Stanley and Kathleen largely represented separate clients, practiced in different areas of law, and did not discuss status of their cases with each other. Plaintiffs do not contend that they had a fiduciary relationship with Stanley as a matter or law or as a matter of fact. Stanley was not holding Plaintiffs' funds, and did not accept their funds into the IOLTA; he was not their attorney, and he was not the Firm. (ZENOFF and BIRKETT, concurring.)
Illinois Appellate Court
Civil Court
Attorneys