CBA Record

Ethics Extra continued from page 43

9, 2013, and the motion to substitute the son as plaintiff being granted on January 21, 2014, Gilbreth had erroneously led defense counsel to believe he represented the plaintiff and had authority to settle the lawsuit. Consequently, the appellate court held that the circuit court had erred in granting the motion to enforce settlement. The judgment was vacated and the case was remanded. The appellate court next turned its attention to the scenario between Gilbreth and Smith regarding a breach of the Illinois Rules of Professional Conduct. See In re Himmel, 125 Ill. 2d 531 (1988). Under Illinois Rule 8.4(c), “ It is pro- fessional misconduct for a lawyer to... engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.” The court concluded that based on Gilbreth’s misrepresentations and material omis- sions, his actions “constitute[d] serious violations of Rule 8.4.” Under Rule Illinois 8.3(a), “A lawyer who knows that another lawyer has

WHAT’S YOUR OPINION? Send your views to the CBA Record, 321 South Plymouth Court, Chicago, IL 60604. Or you can e-mail them to dbeam@chicagobar.org.The magazine reserves the right to edit letters prior to publishing. committed a violation of… Rule 8.4(c) shall inform the appropriate professional authority.” The court concluded that Smith’s knowledge of Gilbreth’s failure to reveal the client’s death necessitated that Smith report Gilbreth to the ARDC. Thus Smith’s “failure to report…constitute[d] a potential violation of Rule 8.3.” In light of both the Illinois Rules of Professional Conduct and the attorneys’ actions in this case, the appellate court ordered that its opinion be transmitted to the Attorney Registration and Disciplin- ary Commission to determine if further disciplinary action was in order.

his professional judgment in this case.” The court further explained that the plaintiff’s death was a material fact, because plaintiff’s continuing pain and suffering was no longer a factor in the settlement value of the case. Gilbreth had wrong- fully and intentionally concealed this fact from defense counsel. Additionally, Smith argued that Gilbreth knew of his client’s death well before the settlement negotia- tions. On July 9, 2013, Kathie Blackman Dudley, a colleague of Gilbreth and a fellow attorney in the firm, had filed a petition for letters of administration, requesting that Matthew Robison become the per- sonal representative of Randy Robison’s estate. As a result of his client’s death before settlement, there was no plaintiff of record to accept the settlement, and Gilbreth had no authority to negotiate or accept any settlement. Despite knowledge of the plaintiff’s death on or before July

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