In Pari Delicto

Recent Illinois Case: Banks v. Casson

Posted on Updated on

This recent case involved a dispute between attorneys over failure to pay a lawyer referral fee.  The attorneys never obtained signed written consent from the client for the referral fee, as required by Rule 1.5 of the Illinois Rules of Professional Conduct. Nonetheless, the attorney who was allegedly owed the fees filed a lawsuit, seeking damages for breach of fiduciary duty (under a joint venture theory) and fraud.  The First District affirmed dismissal, holding that the breach of fiduciary duty claim failed because the “joint venture” was based on an unenforceable agreement.   The fraud claim was time barred.

Banks v. Casson, 2015 IL App (1st) 133141-U

(This is for informational purposes and is not legal advice.)

Buttitta v. Newell, 176 Ill. App. 3d 880, 531 N.E.2d 957 (1st Dist. 1988)

Posted on Updated on

Buttitta v. Newell, 176 Ill. App. 3d 880, 531 N.E.2d 957 (1st Dist. 1988)

Bucci v. Rustin, 227 Ill. App. 3d 779, 592 N.E.2d 297 (1st Dist. 1992)

Posted on Updated on

Bucci v. Rustin, 227 Ill. App. 3d 779, 592 N.E.2d 297 (1st Dist. 1992)

Robins v. Lasky, 123 Ill. App. 3d 194, 462 N.E.2d 774 (1st Dist. 1984)

Posted on Updated on

Robins v. Lasky, 123 Ill. App. 3d 194, 462 N.E.2d 774 (1st Dist. 1984) (unclean hands)

Profit Mgmt. Dev., Inc. v. Jacobson, Brandvik & Anderson, Ltd., 309 Ill. App. 3d 289, 721 N.E.2d 826 (2d Dist. 1999)

Posted on Updated on

Profit Mgmt. Dev., Inc. v. Jacobson, Brandvik & Anderson, Ltd., 309 Ill. App. 3d 289, 721 N.E.2d 826 (2d Dist. 1999) (unclean hands)

Competitive Food Sys., Inc. v. Laser, 170 Ill. App. 3d 606, 524 N.E.2d 207 (2nd Dist. 1988)

Posted on Updated on

Competitive Food Sys., Inc. v. Laser, 170 Ill. App. 3d 606, 524 N.E.2d 207 (2nd Dist. 1988)

Talley v. Yonan, 72 Ill. App. 3d 851, 391 N.E.2d 79 (1st Dist. 1979)

Posted on Updated on

Talley v. Yonan, 72 Ill. App. 3d 851, 391 N.E.2d 79 (1st Dist. 1979)