Metzger v. Brotman

Illinois Appellate Court
Civil Court
Conflict of Interest
Citation
Case Number: 
2021 IL App (1st) 201218
Decision Date: 
Friday, August 27, 2021
District: 
1st Dist.
Division/County: 
Cook Co., 6th Div.
Holding: 
Affirmed.
Justice: 
ODEN JOHNSON

An ARDC complaint was filed in 2008 against Plaintiff, a former Illinois attorney, that he committed professional misconduct in representing an elderly client, and collected unreasonable fees.  Plaintiff was disbarred. Court dismissed Plaintiff's fraud complaint and denied his motion to disqualify Defendants' counsel. Plaintiff claimed that there was a concurrent conflict of interest between the interests of the ARDC and the individual Defendants, who were ARDC employees and whose counsel were ARDC staff attorneys, which was not subject to waiver. The position of the ARDC and the individual Defendants on the central issue is the same. Court did not abuse its discretion in denying Plaintiff's motion to disqualify defense counsel. Circuit court cannot review ARDC's reports and recommendation, as this would impermissibly encroach on Illinois Supreme Court's authority over matters of attorney discipline. (HARRIS and CONNORS, concurring.)