CBA Record November 2017

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certificate that the attorney not only read the pleading but, that to the best of that attorney’s knowledge and information after reasonable inquiry , the document is well grounded in fact. Thus, AACC needed to prove that it exercised “a reasonable degree of diligence in seeking [Alcauter’s] participation and that [Alcauter’s] lack of participation represented a willful refusal to cooperate.” When Newman learned of Alcauter’s incarceration, as evidenced by a certified mail receipt signed by Newman, he did nothing for 29 days. Even after that Newman failed to investigate the informa- tion, and instead filed a witness and exhibit list in preparation for trial, and proceeded to trial “knowing that he had no factual basis to support AACC’s position.” For these reasons, the appellate court affirmed the sanctions. In other words, Newman and AACC were left with about $14,000 in attorney fees and expenses, and public admonish- ment simply because Newman failed to follow up regarding the whereabouts of his client. The information was readily available on the IDOC website, and had Newman reasonably inquired, he would have found it. Further, Newman had the opportunity to prevent frivolous litigation even after he discovered the truth, but he failed to disclose the new information and proceeded to trial anyway. American Access Casualty Co. v. Alcauter sets the minimum standard for locating and notifying clients about the status of their cases. Although locating a client is not always easy, when a client does not respond to the attorney, particularly concerning an important hearing or deadline, the attorney should consider the consequences of not making every attempt to locate the client. So, how should an attorney deal with a disappearing client? A local retired litigator suggests, “My contracts, when I practiced law, contained a clause that the client would provide me immediate notice of changes of address and telephone numbers. I think in today’s world I would include e-mail addresses [as well].” When a client fails to respond through

Center in Cleveland… Eric E. Walker , a partner at Perkins & Coie, was named to American Bankruptcy Institute’s 2017 40 under 40 Inaugural Class… Jonathan S. Jennings , a partner at Pattishall McAuliffe Newbury Hilliard & Geraldson LLP, has been re-elected to the Board of Directors for the Public Interest Law Initiative… Justice James Wexstten (ret) and Jayne Reardon, Director of the Illinois Supreme Court Commission on Professionalism, will receive the Illinois Bar Foundation’s Distinguished Service to Law & Society Awards, and Justice Mary Anne Mason , Illinois Appellate Court, First District, will receive the Illinois Bar Foundation’s 2017 Honorary Fellow Award. Condolences Condolences to the family and friends of George Bullwinkle, Jr .

typical modes of communication, the attorney’s obligation to locate the client requires exhausting all possible means available. An attorney may hire an investi- gator to locate the client. If the investigator locates the client and warns the client to maintain contact with the attorney and the recalcitrant client fails to comply, the investigator can serve the client with the attorney’s motion to withdraw for failure of the client to cooperate with the attor- ney. The investigator may file an affidavit detailing the attempts to serve and actual service of pleadings, motions, or other rel- evant documents. This case demonstrates and warns all current and future attorneys: The effort to keep track of your client is typically minimal, but the failure to take all necessary measures when the client does not respond may be costly both in dollars and in loss of reputation.

Enhance Your Resume, Expand Your Professional Contacts, Make New Friends! By gettingmore involved in the CBA, you can raise your profile in Chicago’s legal community andmeet other lawyers whose paths you may have never crossed. Even a small time commitment can reap big rewards. These are just a few examples of speaking, networking, leadership and other opportunities available through your CBA membership.

• Speak at a seminar, committee meeting or community event

• Write an article for the CBA Record

• Become a legislative liaison

• Evaluate judges through the CBA’s Judicial Evaluation Committee

• Volunteer for a pro bono project

• Help out at a YLS community outreach project

• Do something fun...play in the CBA Symphony, sing in the CBA Chorus, perform in Christmas Spirits (the CBA holiday show), or help produce a legal cable TV show For more information on these opportunities or to learn how to become more involved in the CBA, contact CBA Membership Director Karen Stanton at 312/554-2131 or kstanton@chicagobar.org.

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