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CBA RECORD 49
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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
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
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.
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