March 5, 2009
Charges Of Instituting Frivolous And Unauthorized Litigation
A recent complaint filed by the Illinois Bar administrator alleges misconduct by an attorney in connection with the representation of a person injured when he was struck by a UPS truck. The lawyer was approached by the wife of the injured person. She had been separated from her husband for a year and had no power of attorney to retain counsel or for any other purpose. The lawyer never met with the client but filed suit on his behalf as co-plaintiff with the wife. When a suit based on the same incident was filed by another attorney who had the authority to do so, it is alleged that the charged attorney moved to dismiss the authorized case and sought to have the wife appointed as guardian without legal grounds.
The lawyer is charged with misconduct that includes making false statements to a tribunal, dishonesty and instituting frivolous claims. (Mike Frisch)
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