Category archive: General

Sophisticated Clients Still Need Explanations

Attorneys’ clients come in as many varieties as people do – from any origin or background. They also come from any occupation. Sometimes a client’s occupation will not have any impact on the attorney’s communication with the client, such as when an attorney represents a teacher in a divorce (i.e., the attorney would not communicate…

Architectural Collaboration (or Not)

No doubt architecture is a difficult field, with much often at risk when things go wrong. In law, if an attorney’s work doesn’t hold up, things only metaphorically collapse. I would no more presume to offer an architect technical advice in his or her field than I would offer it to a surgeon. On the…

Righting the Ship and Stating the Obvious: Good Samaritan Act Applies to Volunteers; No Immunity for Health Care Providers Even If Patient Is Not Billed for Services

Medical personnel providing emergency care, but not billing patient for such care, are not immune from liability under Illinois’ Good Samaritan Act. A Code Blue was called for an intensive care unit patient who had labored breathing and swallowing pain. Hospital’s emergency room physician responded to the Code Blue and attempted to intubate the patient….

CEOs Beware!

On a list of jobs likely to engender little sympathy in the United States today, chief executive officer (CEO) perhaps is up there with trial lawyers and Internal Revenue Service auditors in the category of “most reviled.”  Nonetheless, this blog entry offers a primer for CEOs on how to more effectively watch their backs and…

Borrowing Money from a Client Equals Disaster for Missouri Attorney

The realities of running a business can sometimes interfere with the practice of law. When a lawyer needs funding to keep his or her practice afloat, a tempting source of financing might be a wealthy client with whom the lawyer has developed a relationship over the course of many years and transactions. Borrowing money from…

Getting It (Nearly) All Wrong

Occasionally, you will read about a legal case that is a comedy of errors. In such cases you’re reminded of cartoons where a character has a bucket fall on his head, then trips and steps on a rake, which immediately leaps up and hits him in the face, before stumbling two more steps into a…

A Law Partner’s Alleged Dishonesty, and the Aftermath for Firm Members

Attorneys and other professionals, while aware of the rules of professional conduct, are also aware not all of their colleagues uphold the trust their clients place in them.  Commonly, lawyers form and create partnerships, which present the opportunity for mutual gains but also expose attorneys who uphold the ideals of the profession to the potential…

Policy’s Directive Not to Admit Liability Conflicted with Attorney’s Ethical Obligation to Disclose Mistake to Client

An attorney admitted making a mistake in drafting a client’s will.  In a letter sent to all beneficiaries of a trust, the attorney acknowledged several beneficiaries received less money than they otherwise would have received if the client’s wishes were carried out as intended ($919,900 versus $1,783,800).¹ The attorney had a professional liability insurance policy…

Caught Red Handed – Another Example of Client Trust Account Abuse

Some attorneys still have not learned.  Improper handling of client trust accounts is an ethical violation of the highest degree. In this disciplinary case, attorney Ray Jetmore King of Gahanna, Ohio was sanctioned by that state’s high court for misuse of client trust account funds.  In particular, King began paying personal and office expenses with…

Ostrich Defense Rejected: “Trial” Attorneys Listed on Pleadings Could Not Avoid Malicious Prosecution Liability by Claiming “Other” Attorneys Actually Worked up the Case

Shareholders of a software firm sued director Christopher Cole for alleged fraud.  Cole won summary judgment on the shareholders’ claims due to a lack of evidence.  The shareholders were represented by the Meyer law firm (“Meyer”) for purposes of working up the case in the pre-trial stage, and by Robert P. Ottilie and the law…

MISSOURI

St. Louis  |  Clayton  |   Kansas City

ILLINOIS

Alton  |  Carbondale  |  Edwardsville  |  O'Fallon

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation.
This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. © 2014 Sandberg Phoenix & von Gontard P.C. All Rights Reserved.

Menu