In re Karavidas

Illinois Supreme Court
Civil Court
Attorney Discipline
Case Number: 
2013 IL 115767
Decision Date: 
Friday, November 15, 2013
1st Dist.
Cook Co.
Charges dismissed.
Respondent attorney was named as executor of his father's estate, and trustee of estate assets which were, per terms of will, to be transferred to a then-unfunded trust. Respondent had no professional experience in probate or trusts, and was unaware that he would have to first fund the trust, and Respondent made withdrawals from estate assets, some to benefit others named in will, and some to benefit him. An attorney's breach of fiduciary duty or conversion does not alone warrant imposition of professional discipline. Particular behavior, without violation of a specific Rule of Professional Conduct, does not warrant imposition of professional discipline. (FREEMAN, KILBRIDE, BURKE, and THEIS, concurring; THOMAS, dissenting.)