CBA Record October 2017

Y O U N G L A W Y E R S J O U R N A L

paid and the unit was free from any encumbrances. The association’s attorney, however, advised the association in a letter to refuse to issue any statement concerning the plaintiff’s condo assessments until the plaintiff paid for the attorney’s legal services rendered on behalf of the association. The court found that the attorney failed to pro- vide any legitimate basis for his apparent belief he was entitled to collect his legal fees from the prevailing party in a forcible entry and detainer action. The court inferred that the attorney bore ill will against the plaintiff and wanted to annoy or injure the plaintiff by preventing her from obtaining the paid-assessment letter from the associa- tion to sell her condo.

An attorney acting independent of, and unrelated to, the protection of a client’s interests constitutes “actual malice.” This is what gets attorneys in trouble. In order to avoid such trouble, attorneys should use common sense, follow the rules of professional conduct, and zealously advo- cate for their client’s interests. Attorneys should always avoid spreading falsities or committing misrepresentations of fact or law. When business deals go awry, parties have hurt feelings and attorneys are often left to blame. An attorney is privileged so long as he or she provides legal advice to better their client’s interests without any separate interest in mind with regards to another party.

In sum, attorneys should be careful not to overly infuse themselves into the fabric of the relationship between parties. Be on the inside of your client’s greatest business challenges but remain on the outside of the parties’ relationship with each other. Be passionate for your client’s chief business objectives but be dispassionate towards the parties’ dealings with each other. In other words, get close but not too close. These lessons appear to be the best way to avoid drawing the ire of opposing parties and being sued for tortious interference. As lawyers, we never want to give our clients bad advice. We also never want to be sued for tortious interference and have to endure the time and costs of litigation, not to mention the likely loss of a client. Attorneys must strike a balance. A bad deal is a bad deal. So when Vito Corleone makes your client a very bad offer but one she apparently can’t refuse, you should advise your client she can refuse it. And if Vito does sue your client, you can assure your client that you will vigorously defend her rights. As for you, Vito Corleone is certainly a bad opposing party for your client, as bad as business partners get. But do not fall into the trap. So long as you remain professional, keep a safe distance, and focus your energy solely on your client and representing his or her legal interests, you will evade any tortious interference claims brought against you, including Vito’s. Matthew H. Bunn is an attorney in Duane Morris’ Chicago office. He practices in the area of commercial litigation, representing clients in federal and state courts and through alternative dispute resolution. HAVING TROUBLE LOGGING IN? To access the members only section on our website, enter your CBA member number as your account number (do not enter any leading 0’s in yourmember number) and then enter your member number followed by your last name (all lower case with no punctuation or spaces) as your password. Forgot your member number? Call 312/554-2135.

Pro bono work is essential to my identity as a lawyer. Throughout my career, , have handled a variety of matters, some of which involve immigration, constitutional rights, racial Mustice, fair housing and criminal law. ,t is an honor

and privilege to be entrusted a matter by a client whose dignity, freedom and even life is on the line.

Reena R. Bajowala Jenner & Block LLP

The Chicago Bar Association & The Chicago Bar Foundation 2017 Pro Bono Week Oct 23-27 www.chicagobar.org/probonoweek

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