Gentleman Law's Notable Cases

Here's a sampling of some of Gentleman Law's successful case history...

‍Legal Malpractice cases and cases involving attorneys.  

I have represented clients suing attorneys for legal malpractice for close to 30 years throughout Illinois.  What this means is that I have represented plaintiffs ONLY and do not defend attorneys in legal malpractice cases.  

Lawyers who defend attorneys in legal malpractice cases are really representing the interests of insurance companies and NOT attorneys.  What this means is that the attorney who defends legal malpractice cases obtains most if not all their income from insurance companies and they will always seek to protect all insurance company interests. 

 I have not and will NEVER represent an insurance company in claims for legal malpractice.  It is important to note that in my opinion if you are seeking to hire an attorney to sue an attorney for legal malpractice, you DO NOT want to hire an attorney who has defended a legal malpractice case because they work for insurance companies and will always be seeking additional business from insurance companies. 

If an attorney’s website does not clearly and specifically state that the attorney ONLY represents plaintiffs or clients in legal malpractice cases, that means that they work for insurance companies defending attorneys.  It is also a misconception in my opinion to believe that attorneys who are paid by insurance companies and who work for insurance companies have some inside information that can be useful in litigating legal malpractice cases.  This is NOT true in my experience because attorneys who defend cases and work for insurance companies think differently than attorneys who file cases for a plaintiff. 

An attorney who files legal malpractice cases on behalf of clients has to obtain relevant facts and then create a complaint which involves creativity.  An attorney who defends attorneys and is paid by insurance companies only has to raise issues about what is filed and the attorneys do not have the experience necessary or the creativity to pursue cases on behalf of a client as a plaintiff.  Plaintiff attorneys and insurance company attorneys think and litigate in very different and incompatible ways.  

The most important advice I can provide to anyone thinking of pursuing or filing a claim for legal malpractice against an attorney is to find an attorney who ONLY represents clients and has NEVER worked for insurance companies defending attorneys.   

Represents clients in legal malpractice cases throughout Illinois.  

I have represented clients suing attorneys for legal malpractice throughout Illinois including but not limited to in the federal courts in Illinois, Cook County, Will County, Dupage County, Lake County, McHenry County, Kane County, Rock Island County and Sagamon County.   

I have represented 100’s of clients who sued attorneys for legal malpractice that involved attorneys handling divorce matters, employment cases, real estate transactions, bankruptcies, medical malpractice cases, personal injury cases, accounting malpractice cases, appellate malpractice, criminal cases, trust cases, probate estate cases, drafting of wills and estates, battery cases, Sarbanes Oxley cases, investment banking cases and fee disputes with attorneys.  Below I provide some examples of the cases I have litigated during my career, but please note that some details such as the exact names of law firms that I sued are not included for various reasons which may include that the cases were settled and are subject to confidentiality agreements.  

Represented Senior Vice President of Motorola in claims for legal malpractice.  

I represented a Senior Vice President of Motorola in a case for legal malpractice against an attorney arising out of the malpractice related to the handling of a case for wrongful termination.  The legal malpractice case alleged that the attorney breached the standard of care by failing to pursue a Sarbanes-Oxley claim that would have permitted the client to be reinstated to his position as senior vice president with all back pay and by failing to pursue claims for lost stock options worth millions.     

Represented  doctor in claims for legal malpractice arising out of a criminal case.  

I represented a doctor in a case for legal malpractice arising out of a criminal case where the doctor was wrongfully convicted after a jury trial in the federal court of making a false statement on a medical record after being acquitted of all Medicare fraud claims.  The legal malpractice case alleged that the large international law firm’s negligent drafting of jury instructions during the trial caused the doctor’s conviction and that but for the attorney’s negligence the doctor would have been acquitted.  

Represented survivors of family members in claim for legal malpractice and fraud arising out of fraudulent lawsuits and settlement with imposters.  

I represented the survivors of a family member who drowned in a Chicago pool in a case for legal malpractice arising out of an illegal settlement entered by a law firm and persons impersonating survivors of the drowning victim.  The legal malpractice case alleged that the law firm improperly filed a case without the authority of the actual family members of the drowning victim and instead filed a case by an imposter and that the law firm conspired with the imposter to steal over a million dollars in monies obtained through a quick settlement with the City of Chicago.  My clients were unaware that a case had been filed until they saw the imposter flaunting new cars and monies on Facebook.  I was able to recover all the monies from the imposter and additional monies including attorney’s fees from the attorneys.  

Represented engineering company in claim for legal malpractice  arising out of improper advice about setting up company to avoid union liability.  

I represented an engineering company in a case for legal malpractice against a national law firm.  The legal malpractice complaint alleged that the national law firm failed to properly advise the engineering firm how to set up a second company with the proper ownership structure, failed to advise the engineering company how to maintain separate management and control of employees which resulted in the engineering company being fined by the engineering union in excess of $300,000.  

Represented doctor in legal malpractice case based upon failure to advise about statute of limitations.  

I represented a doctor in a case for legal malpractice arising out of the failure of the attorney to properly advise the doctor as to when the statute of limitations would expire on a claim she had against a national law firm that drafted an estate plan.   The legal malpractice case alleged that the attorney’s advice that she would not suffer damage until her divorce case was resolved was negligent advice that caused her to lose a claim worth in excess of $800,000 against the large national legal firm that drafted her estate plan.  

Represented  a futures trader in a legal malpractice case based upon malpractice that caused at least $50 million in damage.  

I represented a highly successful futures and options trader in a case for legal malpractice that arose out of a settlement with his trading partners in which he received approximately $20 million when he was entitled to at least $50 million.  The case for legal malpractice argued that the negligence of numerous attorneys, including a large international law firm, caused the trader to lose at least $50 million because the trader was negligently told that his equity in the company he founded was being legally diluted each day, he was negligently told he could not obtain financial records from his company in the pending case, he was negligently advised he could not get any discovery, he was negligently advised he could not obtain a valuation of the fair market value of the company he founded, he was forced to attend a settlement  conference without an attorney and under the above false pretenses.  

Represented  owner of small business in legal malpractice case based upon improper conversion of monies by attorney.  

I represented the owner of a fire protection and sprinkler company in a case for legal malpractice that arose out of the fact that an attorney held over $500,000 in monies owed to the company.  The legal malpractice complaint alleged that the attorney improperly took the monies out of his client trust account and put them into his operating account. 

Represented client in legal malpractice case based upon improper personal relationship between attorney and client.  

I represented a woman in a case for legal malpractice that arose out of a divorce.  The legal malpractice complaint alleged that a prominent divorce firm violated the standard of care when one of the attorneys began a sexual relationship with the client during the time the firm represented the client and then when the name partner found out about the improper relationship that violated the rules of professional conduct he forced the woman into a marital settlement that was millions of dollars less than what she was entitled to under the circumstances.    

Represented beneficiaries of estate in a legal malpractice case based upon improper tax advice and use of family limited partnership.  

I represented two beneficiaries of an estate in a case for legal malpractice that arose out of estate planning advice.  The legal malpractice complaint alleged that the national law firm violated the standard of care when they advised the client that the best way to transfer assets with the least amount of tax upon her death was a family limited partnership and by failing to properly prepare the final estate tax return.   As a result of the negligence of the national law firm, the beneficiaries lost millions in monies that they would have received if proper estate planning advice had been provided.  

Represented owner of patents in a legal malpractice case arising out of loss of cases.  

I represented the owner of valuable patents in a case for legal malpractice.  The legal malpractice complaint alleged that the patent attorneys committed numerous acts of negligence in the handling of numerous patent cases that caused the patent owner to lose millions of dollars in damages he was entitled to recover.  

Represented Phd  student in claim for legal malpractice arising out of failure to pursue battery claim against University professor.  

I represented a PHD in a case for legal malpractice.  The legal malpractice case alleged that the attorney failed to pursue claims for battery and harassment against a University based upon the fact a professor in the PHD program refused to accept the client’s dissertation unless she agreed to a sexual relationship with the professor.  

Represented municipal employee in a case for legal malpractice arising out of a failure to pursue a battery case against city supervisor.  

I represented an employee of the City of Waukegan in a case for legal malpractice.  The legal malpractice complaint alleged that the attorney failed to file a battery claim against the city as a result of another employee forcibly touching the plaintiff under her clothes.  

Represented client whose divorce attorney failed to property register QDRO.  

I represented a woman in a case for legal malpractice that arose out of her divorce.  The legal malpractice complaint alleged that the divorce attorney had failed to obtain a QDRO assigning her the survivor’s benefit of her ex-husbands pension.  The negligence of the divorce attorney caused her to lose a survivor’s benefit of her ex-husband’s pension which was worth in excess of $1 million when he unexpectedly prematurely died.  

Represented dentist in legal malpractice case based upon misleading the client into agreeing to pay permanent maintenance.  

I represented a dentist in a case for legal malpractice in which he was negligently advised to enter an agreement to pay permanent maintenance in an amount of $5,500 per month to his wife despite the fact the wife had an advanced degree, she had millions of dollars in non marital property and was earning almost as much each year as the dentist.  

Represented client in legal malpractice case based upon failure to freeze assets before they were transferred to Egypt.  

I represented a woman in a case for legal malpractice that arose out of her divorce.  The legal malpractice complaint alleged that the woman was married to an Egyptian citizen who had millions of dollars in cash and investments in numerous banks in the United States and the attorney failed to properly serve an order freezing all the assets of her husband on third party banks and other entities.  As a result of the attorney’s negligence, her husband was able to transfer all the assets to Egypt and he moved to Egypt where the woman did not have any legal rights to any share of the monies.  

Represented commercial real estate owner of shopping mall in legal malpractice case based upon advice to stop making chapter 11 payment plans.  

I represented a commercial real estate owner in a case for legal malpractice that arose out of the filing of a Chapter 11 bankruptcy.  The legal malpractice complaint alleged that the attorney improperly advised the owner to stop making payments to a lender and failed to file a motion to reopen a Chapter 11 bankruptcy to amend the reorganization plan that was accepted and as a result of the negligence the owner lost the commercial shopping center he owned and a judgment in excess of $1 million was entered against him.  

Represented tow truck company in legal malpractice case based upon failure to advise the company that it could obtain monies from third party lenders.  

I represented the owner of a long time Chicago tow truck company in a case for legal malpractice.  The legal malpractice claim alleged that the attorney’s negligence caused the business to file bankruptcy because the attorney failed to advise the owner that he could refinance his debt from third party lenders and not banks.  

Represented client in legal malpractice case based upon failure to file timely notice of appeal.  

I represented a client in a case for legal malpractice that arose out of an untimely filing of a notice of appeal.  The legal malpractice case alleged that the attorney failed to timely file a notice of appeal which caused the appeal to be dismissed for a lack of jurisdiction and if the case had not been dismissed the client would have prevailed in the appeal.  

Represented owners of a small business in a legal malpractice case based upon failure to properly draft sale documents to protect against future liabilities.  

I represented a company in a case for legal malpractice that arose out of the sale of the company.  The legal malpractice case argued that the purchase and sale documents were negligently drafted which caused the company to remain liable for substantial potential debts that were incurred after the sale of the company and that the attorney’s negligence in drafting the purchase and sale documents caused millions of dollars in damages.  

Represented owner of bus company in legal malpractice case based upon failure to pursue claims for unjust enrichment.  

I represented an owner of a bus company in a case for legal malpractice that arose out of the fact that the owner and others had performed work on a building and real estate that increased the value of the property by at least $400,000.  The legal malpractice case alleged that the attorney who tried the mechanic’s lien case had failed to retain experts and present expert testimony at trial to establish the increased value to the building and real estate which caused the owner to lose at least $400,000 in damages that could have been recovered.   

Represented investment banker in legal malpractice case based upon failure to pursue claims against another investment banker.  

I represented an investment banker in a case for legal malpractice that arose out of litigation involving a fee dispute between two investment bankers.  The legal malpractice claim alleged that the attorney failed to properly pursue claims in excess of $500,000 in fees due the investment banker and as a result of the negligence the investment banker lost hundreds of thousands of dollars and potentially millions in dollars in fees.  

Represented owners of a car wash business in a legal malpractice case based upon failure to properly defend cases filed by banks.  

I represented the owners of numerous car wash businesses in a case for legal malpractice that arose out of litigation by lenders against the numerous car wash businesses and real estate owned by the businesses.  The legal malpractice claim alleged that the attorney failed to present viable defenses to the claims and failed to assert claims against various lenders and others and that as a result of the failure to raise the defenses and claims the owners of the car wash businesses lost millions of dollars of assets.   

Represented patent owner in legal malpractice case based upon  overcharging of expenses including expense for private jets and $10,000 lunch at Italian Village 

I represented the owner of a patent that is used in all cell phone technology in a case against a national patent law firm for legal malpractice and for overcharging legal fees.  The legal malpractice claim alleged that the national patent law firm improperly charged millions in dollars in litigation expenses in cases successfully prosecuted for the client including a $20,000 lunch at Italian Village, 10’s of thousands of dollars in improper private jet fees, improperly charging secretarial overtime and other miscellaneous expenses.  

Lender Liability Cases and Cases Involving Banks

I have represented 100's of clients for close to 30 years in claims against banks or other lending institutions. I do not represent banks and I will NEVER represent a bank.

Importantly, I do not represent banks and I will never represent a bank; instead I focus on helping borrowers and/or guarantors, and/or debtor. If you are searching for an attorney and you are a borrower and/or guarantor and/or debtor, it is important that you retain an attorney who does not and has not represented a bank or lender because attorneys who represent banks and lenders only understand litigation tactics from the bank's perspective.

In my close to 30 years of litigating cases against banks and lenders, I have found that attorneys who represent banks and lenders do not have any inside information that can be helpful to borrowers and/or guarantors and/or debtor; instead they think exactly like banks. If you are going to fight a bank, you do not need someone who thinks like a bank or lender; instead you need someone who has fought banks and lenders their entire career.

So, my advice to you is that when you are looking to retain an attorney to fight a bank, it is important to look at the attorney's website or Curriculum Vitae, and if they do not specifically state on the website or Curriculum Vitae that they represent borrowers and/or guarantors and/or debtor, then they are not the right attorney to retain.

Represented Client Against Bank of America for Wrongful Stop Order of Check for $500,000

I represented a very successful businessman who loaned a real estate developer $1.1 million dollars pursuant to an oral agreement. Once the real estate involved in the transaction closed, the borrower refused to pay my client the $1.1 million he owed and instead gave him a check for $600,000 and a check for $500,000 and told him he would contact him when he could cash the checks. Many months passed without the borrower informing my client that he could cash the checks. My client learned that the borrower had sufficient funds in his bank account at Bank of America, so my client went to the branch where the check was drawn and gave the check for $600,000 to the teller and asked the teller to cash the check and to give him a cashier's check. After waiting an hour, the client was given a cashier's check for $600,000. The client then handed the teller the check for $500,000 and asked for another cashier's check. The teller refused to give my client a cashier's check and instead agreed to cash the check but forced my client to use the monies to purchase a certificate of deposit. Then, more than 10 days later, my client received written notice that the bank was canceling the CD and falsely claimed that there was a valid stop order on the check for $500,000. The client retained my services and I sued Bank of America because the bank had no right to undo the transaction because the $500,000 check had cleared and the time limits to revoke the acceptance of the check had passed. I was able to successfully obtain the monies from Bank of America after taking the deposition of Bank of America's banking expert.

I was then able to recoup the costs incurred by my client, including the monies he paid to me in the case against Bank of America, against the borrower by serving a citation to discover assets upon the borrower's daughter and seeking a turnover of a Lamborghini that the borrower had transferred to his daughter.

Represented Owner of Large Irish Pub and Restaurant in Claims Against State Bank of Countryside

I represented the owners of Sam McGuire's Irish Bar in Orland Park in numerous cases against the State Bank of Countryside. After the bar was forced to close, the bank refused to accept an offer to purchase the property from Dave and Buster's that the owners of Sam McGuire's brought to the bank that would repay the bank in full. The bank then began a course of conduct that attempted to artificially create over a $1 million deficiency that would be owed by the owners and initiated numerous judgment by confessions actions against the owners. I had the judgment by confessions entered against the owners vacated by the trial court and affirmed in the Illinois appellate court because the bank violated Illinois law in numerous ways. I was also able to establish that the actions of the bank violated Illinois law to such an extent that the trial court and Illinois appellate court found that the owners were not responsible for any monies that may be owed to the bank. Then, I filed a lawsuit against the bank, the bank's attorney, and one of the individuals who owned the bank for wrongful garnishment and other claims and was ultimately able to recoup the legal fees the owners had paid me over the years litigating numerous cases.

Represented Owners of Wedding Dress Designer Company in Claims Against Centrust Bank

I represented a nationally well-known bridal design company in a lawsuit involving Centrust Bank. The case went to trial in Cook County before Judge Donnelly, and he found that Centrust bank had not conducted a commercially reasonable sale of the company assets and he found that the bank officers lacked credibility and were out to get the owners of the company. The trial court entered a final judgment finding that the owners and guarantors of the loans were not responsible for a deficiency in excess of $1.5 million dollars. I pursued a claim for improper disposition of collateral pursuant to 810 ILCS 5/9-625 against the bank and sought in excess of $1 million dollars in damages based upon the fact the expert testimony established that the fair market value of the company was in excess of the amount owed.

Represented Owner of 50-Year-Old Family Business in Claims Against LaSalle Bank

I represented a 50-year-old company that refurbished axles and other equipment in a lender liability claim against LaSalle Bank. LaSalle Bank had sought to lend millions in monies to the company for many years and was finally able to convince the company to become a customer. After a couple of years, LaSalle Bank negligently and improperly calculated the collateral ratio underlying the loan and wrongfully declared the loan out of balance. LaSalle Bank then declared a default of the loans and sought to foreclose on its loans. I was able to successfully assert claims, including a lender liability claim by the guarantors of the loans against LaSalle Bank. I was also able to eliminate any liability of the guarantors of the loan based upon the claims asserted.

Represented Client in Claims Against Foster Bank for Wrongful Transfers to Overseas Bank

I represented a woman who was married to an Egyptian citizen who was a successful businessman in the United States. When the woman attempted to divorce her husband, he transferred all his assets to banks in Egypt. Her divorce attorney obtained an order freezing all bank accounts and served it on Foster Bank. Despite receiving the order freezing all accounts in the morning, Foster Bank claimed it had no knowledge of receiving the order and allowed the husband to transfer hundreds of thousands of dollars to a bank in Egypt. I filed a lawsuit against Foster Bank and was able to recoup all the monies transferred in violation of court order because I was able to establish that Foster Bank had the ability to undo all the transactions for many days because the funds were not officially transferred at the Federal Reserve Bank until days after receipt of the order freezing the accounts.

Represented Commercial Developer in Claims Against Archer Bank

I represented a developer of a commercial shopping center in Homer Glen in claims against Archer Bank. The developers had invested millions of dollars developing the commercial real estate, and when it came time for the bank to provide monies to finish the project, it failed to provide the monies as promised pursuant to the Note because in part it had been taken over by the FDIC as a result of the 2008 financial crisis. The Archer Bank failed to provide the monies needed to finish the project, so a default was thereafter declared and a foreclosure process ensued. I filed a separate lawsuit against the Archer Bank and others alleging claims for breach of contract, violation of the Interest Act, and conspiracy. After many years of litigation in the trial court and appellate court in numerous different lawsuits, I was able to negotiate a settlement with the bank where the guarantor developer paid less than 3 percent of the $9 million deficiency owed on the project.

Represented Owners of Irish Pub and Restaurant in Claims Against State Bank of Countryside

I represented the owners of an Irish Pub and Restaurant in claims against the State Bank of Countryside for conversion of the valuable Irish décor and other restaurant property improperly confiscated by the bank. I sued the bank for conversion of in excess of $500,000 worth of property owned by the pub. Our expert in the case was Donal Balance, who began his career in Ireland developing the Guinness Irish Pub Concept for Guinness Brewing Worldwide, and he opined that the value of the décor wrongly taken by the bank was approximately $500,000.

Represented Owner of Numerous Companies in Commercial Claims Against PNC Bank

I represented the owner of a supplier of automation components and the owner of safety components for machinery who obtained numerous commercial loans and a line of credit from PNC Bank. The owner of the companies obtained third party financing in excess of $1.6 million in an effort to pay off all loans provided by PNC Bank. Approximately 10 years after closing the transaction to pay off PNC loans, PNC filed a foreclosure case against the personal residence of the owner of the companies. PNC claimed that there were no records establishing that the numerous loans had been repaid and that they could find no documents releasing the lien on the personal residence that accompanied the commercial loans of the owner's home. I represented the owner of the businesses in the foreclosure action, and discovery revealed that since more than 10 years elapsed, no documents existed at PNC or the title company that performed the closing. Luckily, I was able to obtain documents recorded at the Kane County Recorder's office pertaining to liens PNC's predecessor had recorded against the commercial properties that was the subject of the loans that stated that all loans had been repaid to PNC's predecessor and that PNC's predecessor had released all liens against all property that was used as collateral for the loans. PNC refused to concede the veracity of the recorded documents, so I was forced to conduct a trial and present the evidence to the trial court.

Represented Client Whose Identity Was Stolen and Removed Fraudulent Liens from Her Commercial Properties

I represented an owner of numerous income producing properties in Chicago. The owner's identity was stolen and a third party obtained loans from Celtic Bank and Newtek using the properties as security. During the course of litigation, I was able to regain the client's control of numerous income producing properties, added numerous claims and parties including claims for legal malpractice and conspiracy and claims to quiet title removing the liens of Celtic Bank, Newtek Small Business Finance LLC, and others from the properties.

Represented a Client of Industrial Real Estate to Remove Fraudulent Liens

I represented the owner of a large parcel of industrial real estate that was having issues with a lender. The owner retained a broker who claimed that he could refinance the property for the owner so the owner could repay the lender. The broker falsely misled the owner into believing that he had refinanced his property with a new lender while maintaining ownership when in fact he had sold the property to a third party. I filed a lawsuit against the broker and person who supposedly loaned the money for fraud and conspiracy and was able to regain title to the real estate.

Represented Developer of Commercial High Rises in Various Claims Against Lenders

I represented a long-time developer of numerous high-rise buildings in Chicago in claims made by a lender involved in one large scale project in the South Loop. I was able to get the case dismissed with prejudice against the bank based upon improper legal actions taken by the lender.

Additional Banking Litigation Experience

I have also represented hundreds of other borrowers and/or guarantors in various other claims asserted by banks in residential foreclosures, commercial foreclosures, breach of contract cases, breach of guaranty cases, and other commercial cases.

‍Other Types of Malpractice Claims

I have represented numerous clients in other types of professional malpractice claims. I only represent clients and I NEVER represent insurance companies.

Represented Morton Family Foundation in Investment Broker Malpractice Case Based Upon Improper Investments

I represented the Morton Salt Family Foundation in a case for broker investor malpractice that arose out of improper investments made by a national investment adviser. The broker investor malpractice case alleged that the charitable foundation lost millions of dollars in assets when the broker made high risk investments when the investor agreement stated that only low risk investments could be made and when the broker violated the investment agreement by failing to obtain approval prior to making any new investments.

Represented Client in Dentist Malpractice Case Based Upon Advice to Undergo Unneeded Dental Procedures

I represented a doctor in a case for dental malpractice. The dental malpractice case alleged that the dentist negligently advised the doctor to have unneeded cosmetic procedures and negligently performed such procedures that caused permanent damage to the doctor.

Represented Doctor in Accounting Malpractice Case Based Upon Negligent Investment Referral

I represented a doctor in a case for accounting malpractice. The accounting malpractice case alleged that the accountant who prepared tax returns for the doctor and the medical practice had advised the doctor to make investments into a fraudulent investment company and that as a result of the investment with the fraudulent investment company, the doctor lost over a million dollars in assets.

Divorce Attorney Malpractice

I represented numerous clients who sued their divorce attorneys for legal malpractice that caused substantial damages as a result of divorce settlements.

Attorney Fee Disputes

I have also represented clients in dozens and dozens of cases contesting attorney fees charged by attorneys.

Expert Witness Experience

I have acted as an expert witness in cases involving the amount of attorney fees charged, in cases involving business disputes that went to trial in Cook County, and in matters before the ARDC.

Plaintiff Tort Claims and Commercial Litigation

I have represented numerous clients in cases that I call tort cases and/or commercial litigation. A tort claim is a fancy legal term that covers all sorts of claims that a plaintiff can make against another person. Tort law refers to a set of laws that provides remedies to persons who have suffered harm by the unreasonable acts of another. The law of tort is based upon the idea that people are liable for the consequences of their actions, whether intentional or accidental, if they cause harm to another person or entity. Torts are the civil wrongs that form the basis of civil lawsuits. There are numerous types of claims that fall under the umbrella of a tort claim such as negligence, assault, battery, trespass, product liability, intentional infliction of emotional distress, defamation, nuisance, privacy torts, and economic torts.

Commercial law claims involve the process of resolving legal disputes that arise in a business context. These claims include claims for breach of contract, breach of partnership agreement, shareholder conflicts, trade secret claims, intellectual property disputes, antitrust cases, breach of duty cases, business torts, debtor and creditor actions, employment cases, fraud cases, limited liability membership claims, product liability claims, etc. This type of litigation involves businesses or individuals seeking to enforce rights or to seek damages.

I have represented many plaintiffs who asserted tort claims and again I only represent plaintiffs in such claims. Many, if not all tort claims, are defended by attorneys who represent the interests of insurance companies or other large companies, so I will never represent a defendant in such claims. I started my law practice almost 30 years ago to help real people and small family businesses, not to protect insurance companies, banks, or large corporations. If you believe you have suffered some type of wrong and want to seek legal help, you should read my article about hiring an attorney because the attorney you choose to help you may doom your case before it even commences.

Represented Partner in Family Farming Partnership in Claims Under Uniform Partnership Act

I represented a farmer in a case for breach of a family partnership involving a family that has farmed thousands of acres of farmland in Illinois for over 100 years. The breach of partnership complaint alleged that a family partnership had arisen as a matter of law based upon the fact the family farmed together for several generations. The family had never created any documents establishing a formal partnership, but the complaint alleged that under the Illinois Uniform Partnership Act, 805 ILCS 206 et seq., a partnership had been established by the fact that the family members had farmed together for more than 100 years and shared in the profits and losses made farming corn and soybeans. The complaint for breach of partnership alleged that the partnership owned over 3,000 acres of debt-free grade A farmland, that the terms of the partnership should be declared since no formal written agreement existed, that partnership-owned assets were worth in excess of $30 million in farmland and millions in farm equipment, and that my client was entitled to his equal share of partnership property.

Represented Beneficiary of Family Trust That Owns Millions in Commercial Real Estate in Dispute Against the Family Trust

I represented a family member in a case that alleged numerous claims including a breach of contract claim, an accounting claim, and constructive trust claim that arose out of a family inheritance. My client's father died and at the time of his death he owned 10 residential real estate buildings in Chicago that contained over 70 rental units, were essentially debt-free, and were worth many millions of dollars. At the time of his father's death, a will poured all the property into a trust created by the father. The complaint alleged that my client had not received accountings from the trust or the persons managing the properties, that the family members managing the properties were self-dealing and receiving an unequal share of the monies from the properties, and that my client was not receiving his fair share of his inheritance.

Represented Beneficiary of Family Trust in Claims Involving Management of the Trust

I represented a family member in a case that alleged numerous claims that arose out of a Family Trust and probate estate that owned numerous commercial real estate properties in Illinois, Michigan, and Indiana worth approximately $10 million dollars. I represented the son who managed all the family businesses the father had created over the years. The litigation involved competing claims by all the siblings over the terms of the Family Trust and claims involved in a probate estate. The case also involved claims that attorney fees charged by the national law firm representing the executor in the probate estate in the hundreds of thousands were unreasonable and unnecessary.

Represented Beneficiary of Family Trust That Owns Large Family Lake Estate in Michigan to Remove Beneficiary

I represented a family member in a dispute over a family trust that for more than 50 years owned a large family estate in Michigan that comprised numerous lake houses, boats, and other property that was worth in excess of several million dollars. I filed a complaint under the Illinois Trust and Trustees Act, 760 ILCS 5/10, that sought a Petition for Instruction from the trial court. The complaint sought instructions and relief from the court based upon novel legal theories that would eliminate a beneficiary's interest in a spendthrift trust based upon the wrongful actions of a beneficiary and based upon the fact the beneficiary refused to pay his fair share of costs associated with maintaining the family estate.

The court relied upon some law from Illinois and some authority found in the Restatement of Trusts. The complaint alleged that courts of equity have jurisdiction to respond to requests of trustees for advice, protection, and guidance concerning trustees' powers and duties. Matter of Village of Mount Prospect, 167 Ill.App.3d 1031 (1988). Courts of equity will not only compel the performance of the trust, but they will assist the trustees and protect them in the due performance of the trust whenever they seek the aid and direction of the court. Bangert v. Northern Trust Co., 362 Ill.App.3d 402 (2005). The 1929 Amendment to the Chancery Act in Illinois did not merely expand jurisdiction of the court but conferred broader and wider powers on chancery courts to order sale of trust assets, contrary to the terms of the trust, if it is liable to waste or depreciation in value or if sale thereof will inure to the benefit of persons entitled thereto. American State Bank v. Kupfer, 114 Ill.App.3d 760 (1983).

The complaint alleged that the Family trust could take action against a beneficiary because trustees should be reimbursed by beneficiaries for expenditures made during the period of the trust for expenses incident to the preservation of the trust or for the benefit of the trust. David v. Russo, 119 Ill.App.3d 290 (1983); Northern Trust Co. v. Winston, 32 Ill.App.3d 199 (1975). The Restatement of Trusts section 251 states "if a beneficiary is under a liability to the trustee, as such, his interest in the trust estate is subject to a charge for the amount of his liability." Section 251 also states "in the case where it is one of the beneficiaries of the trust who is liable, there is a further remedy in the enforcement of a charge upon his interest. He is not entitled to receive his share of the trust estate without discharging his liability. This is an application of the general principle that a person who is entitled to participate in a fund in which other persons have an interest and who is also bound to contribute to the same fund cannot receive the benefit without discharging the obligation." The Restatement of Trust section 255(f) states that the trustee can attach the beneficiary's interest in the trust even if it is a spendthrift trust when it states "his interest is subject to a charge for advances made to him out of the trust property..." In fact, section 157 of the Restatement states that "the interest of the beneficiary can be reached in a spendthrift trust under certain circumstances which include services rendered to the trust, expenses incurred which preserve or benefit the interest of the beneficiary or when necessary supplies are furnished to him."

According to the Restatement of Trusts section 157(b) comments, it states "although a trust is a spendthrift trust or a trust for support, the interest of the beneficiary can be reached in satisfaction of an enforceable claim against him for necessary services rendered to him or necessary supplies furnished to him. If such a claim were not enforced, it would tend to prevent the beneficiary obtaining necessary assistance, and a refusal to enforce such a claim is not necessary for the protection of the beneficiary's interest under the trust." According to the Restatement of Trusts section 157(c) comments, it states "although a trust is a spendthrift trust or a trust for support, the interest of the beneficiary can be reached in satisfaction of an enforceable claim for services rendered and materials furnished which preserve or benefit the interest of the beneficiary. In such a case the beneficiary would be unjustly enriched if such a claim were not allowed." According to the Restatement of Trusts section 157 last comment, it states "not only may the claimants enumerated in this Section reach the interest of the beneficiary by judicial proceedings to satisfy their claims, but a voluntary conveyance by the beneficiary of his interest so far as necessary to satisfy such claims is valid."

Illinois law also provides that a trustee is allowed to charge the beneficiary's interest for advancements made to the beneficiary for the purchase of necessities. Weiderhold v. Mathis, 204 Ill.App. 3 (1917).

Based upon the above authority, my client was able to remove a beneficiary from a family trust after several years of litigation.

Represented Numerous Clients in Claims Involving Their Rightful Share of Inheritance from Trusts and Probate Estates

I have also represented numerous other clients in claims involving disputes over their rightful share of an inheritance including claims made under the Illinois Trust Act, 5 ILCS 805 et seq., the Illinois Probate Act, 755 ILCS 5/ et seq., and tort claims such as tortious interference with expectancy claims and fraudulent inducement claims.

A tort action for intentional interference with inheritance is distinct from a petition to contest the validity of a will in several important respects. The single issue in a will contest is whether the writing produced is the will of the testator. Mount v. Dusing, 414 Ill. 361, 365 (1953); Hall v. Eaton, 259 Ill. App. 3d 319, 321 (1994). Any ground which, if proved, would invalidate the will, including undue influence, incapacity, fraud, or revocation, may state a cause of action. Hall, 259 Ill. App. 3d at 321. The object of a will contest proceeding is not to secure a personal judgment against an individual defendant but is a quasi in rem proceeding to set aside a will. In re Estate of Spaits, 104 Ill. 2d 431, 435-36 (1984); Nupnau v. Hink, 33 Ill. 2d 285, 288 (1965). See also Merrick v. Continental Illinois National Bank & Trust Co. of Chicago, 10 Ill. App. 3d 104, 114 (1973) ("An action to set aside a will is against the will itself and not the beneficiaries").

By contrast, in a tort claim for intentional interference with inheritance, "[o]ne who by fraud, duress or other tortious means intentionally prevents another from receiving from a third person an inheritance or gift that he would otherwise have received is subject to liability to the other for loss of the inheritance or gift." Restatement (Second) of Torts §774B (1979). The "widely recognized tort" does not contest the validity of the will; it is a personal action directed at an individual tortfeasor. See Marshall v. Marshall, 547 U.S. 293, 312, 164 L. Ed. 2d 480, 498, 126 S. Ct. 1735, 1748 (2006) (the tort claim "seeks an in personam judgment against [the defendant], not the probate or annulment of a will").

Although some of the evidence may overlap with a will contest proceeding, a plaintiff filing a tort claim must establish the following distinct elements: (1) the existence of an expectancy; (2) defendant's intentional interference with the expectancy; (3) conduct that is tortious in itself, such as fraud, duress, or undue influence; (4) a reasonable certainty that the expectancy would have been realized but for the interference; and (5) damages. See In re Estate of Roeseler, 287 Ill. App. 3d 1003, 1021 (1997); In re Estate of Knowlson, 204 Ill. App. 3d 454, 457 (1990); Nemeth v. Banhalmi, 99 Ill. App. 3d 493, 499 (1981); Restatement (Second) of Torts §774B (1979).

The remedy for a tortious interference action is not the setting aside of the will, but a judgment against the individual defendant, and, where the defendant has himself received the benefit of the legacy, a constructive trust, an equitable lien, or "a simple monetary judgment to the extent of the benefits thus tortiously acquired." Restatement (Second) of Torts §774B(e) (1979). Thus, a tort claim for intentional interference with an expectancy is not a "petition to contest the validity of the will" under the plain statutory language of section 8-1. In Re Estate of Ellis, 236 Ill.2d 45 (2009).

Represented Numerous Attorneys in Partnership Disputes and Dissolutions

I have also represented numerous attorneys in partnership disputes and dissolutions of legal partnerships.