Generally lawyers believe that their sole duty is to their client - some may be surprised to learn that a lawyer can be sued by adverse parties for intentional torts, like aiding and abetting your client's wrongful conduct. Here is an interesting case I have had in my research files on this topic. This decision specifically addresses the effectiveness of releases in a settlement agreement between an opposing party and the lawyers who represented the other side, however, it also contains interesting language about holding lawyers accountable for the wrongful acts of their clients. The ethical questions that arise from the facts are the compelling part of this case.
A golf course developer filed a complaint against his former partner's attorneys, Jenner & Block, who had drafted a settlement agreement providing the terms for the developer's partner to acquire his interest in the partnership, accusing them of aiding and abetting a breach of fiduciary duty, aiding and abetting a scheme to defraud, and aiding and abetting a scheme of fraudulent inducement. The firm moved to dismiss the complaint, first claiming the developer had previously released his claims against them, and secondly, contending that the aiding and abetting claims failed to state a claim upon which relief could be granted. The trial court agreed with Jenner & Block and dismissed the complaint. On appeal, the Illinois Appellate Court reversed and remanded the trial court's decision.
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Posted By Cassandra Crotty In Ethical Questions
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