CBA Record November 2017

49 / 52

certificate that the attorney not only read
the pleading but, that to the best of that
attorney’s knowledge and information after
reasonable inquiry, the document is well
grounded in fact. Thus, AACC needed
to prove that it exercised “a reasonable
degree of diligence in seeking [Alcauter’s]
participation and that [Alcauter’s] lack of
participation represented a willful refusal
to cooperate.” When Newman learned of
Alcauter’s incarceration, as evidenced by a
certified mail receipt signed by Newman,
he did nothing for 29 days. Even after that
Newman failed to investigate the informa-
tion, and instead filed a witness and exhibit
list in preparation for trial, and proceeded
to trial “knowing that he had no factual
basis to support AACC’s position.” For
these reasons, the appellate court affirmed
the sanctions.
In other words, Newman and AACC
were left with about $14,000 in attorney
fees and expenses, and public admonish-
ment simply because Newman failed to
follow up regarding the whereabouts of
his client. The information was readily
available on the IDOC website, and had
Newman reasonably inquired, he would
have found it. Further, Newman had the
opportunity to prevent frivolous litigation
even after he discovered the truth, but he
failed to disclose the new information and
proceeded to trial anyway.
American Access Casualty Co. v. Alcauter
sets the minimum standard for locating
and notifying clients about the status of
their cases. Although locating a client is not
always easy, when a client does not respond
to the attorney, particularly concerning an
important hearing or deadline, the attorney
should consider the consequences of not
making every attempt to locate the client.
So, how should an attorney deal with a
disappearing client? A local retired litigator
suggests, “My contracts, when I practiced
law, contained a clause that the client
would provide me immediate notice of
changes of address and telephone numbers.
I think in today’s world I would include
e-mail addresses [as well].”
When a client fails to respond through
typical modes of communication, the
attorney’s obligation to locate the client
requires exhausting all possible means
available. An attorney may hire an investi-
gator to locate the client. If the investigator
locates the client and warns the client to
maintain contact with the attorney and
the recalcitrant client fails to comply, the
investigator can serve the client with the
attorney’s motion to withdraw for failure
of the client to cooperate with the attor-
ney. The investigator may file an affidavit
detailing the attempts to serve and actual
service of pleadings, motions, or other rel-
evant documents. This case demonstrates
and warns all current and future attorneys:
The effort to keep track of your client is
typically minimal, but the failure to take
all necessary measures when the client does
not respond may be costly both in dollars
and in loss of reputation.
Ethics Extra
continued from page 45
Murphy's Law
continued from page 23
Center in Cleveland…Eric E. Walker, a
partner at Perkins & Coie, was named to
American Bankruptcy Institute’s 2017 40
under 40 Inaugural Class…Jonathan S.
Jennings, a partner at Pattishall McAuliffe
Newbury Hilliard & Geraldson LLP, has
been re-elected to the Board of Directors
for the Public Interest Law Initiative…
Justice James Wexstten (ret) and Jayne
Reardon, Director of the Illinois Supreme
Court Commission on Professionalism,
will receive the Illinois Bar Foundation’s
Distinguished Service to Law & Society
Awards, and Justice Mary Anne Mason,
Illinois Appellate Court, First District, will
receive the Illinois Bar Foundation’s 2017
Honorary Fellow Award.
Condolences
Condolences to the family and friends of
George Bullwinkle, Jr.
Enhance Your Resume, Expand Your Professional Contacts, Make
New Friends!
By gettingmore involved in the CBA, you can raise your profile in Chicago’s legal community andmeet other
lawyers whose paths you may have never crossed. Even a small time commitment can reap big rewards.
These are just a few examples of speaking, networking, leadership and other opportunities available
through your CBA membership.
• Speak at a seminar, committee meeting or community event
• Write an article for the CBA Record
• Become a legislative liaison
• Evaluate judges through the CBA’s Judicial Evaluation Committee
• Volunteer for a pro bono project
• Help out at a YLS community outreach project
• Do something fun...play in the CBA Symphony, sing in the CBA Chorus, perform in Christmas Spirits (the
CBA holiday show), or help produce a legal cable TV show
For more information on these opportunities or to learn how to become more involved in the CBA, contact
CBA Membership Director Karen Stanton at 312/554-2131 or
CBA RECORD 49