Death Be Not Disclosed: The Answer
An Illinois attorney charged with misconduct arising from his failure to disclose the death of his client has filed an answer to the allegations.
Respondent denies the allegation as set forth in Paragraph 5 of the Administrator’s Complaint. Answering further, Respondent would state that he researched the issue and determined that the claim of Mr. Robison survived his death and remained viable. In fact, the matter could be taken to trial, as the discovery deposition of Mr. Robison had been taken before his death, and would be admissible at trial pursuant to the provisions of Supreme Court Rule 212(a)(5) and the Dead- Man’s Act, 735 ILCS 5/8-201(b). As a result, the estate of Mr. Robison could and eventually was substituted in as an appropriate party plaintiff in Case No. 2008 L 601, pursuant to Section 2-1008(b) of the Illinois Code of Civil Procedure, 735 ILCS 5/2-1008(b). In this regard, Mr. Robison did not have a surviving spouse, so Respondent met with Matthew Robison, decedent’s son. Matthew eventually agreed to serve as the petitioner in a probate proceeding to be filed by the Crowder & Scoggins law firm in St. Louis County, Missouri, where his father resided at the time of his death. On July 9, 2013, Attorney Kathie Blackman Dudley of Crowder & Scoggins filed a Petition for Letters of Administration on behalf of Matthew Robison in St. Louis County. The Clerk of the Court docketed the matter as In re the Estate of Randy L. Robison, Deceased, No. 13SL-PR01909. On August 27, 2013, the Probate Court issued Letters of Administration to Matthew. As requested, independent administration of the estate was granted by the Court, so Matthew could proceed with his duties as the personal representative of the estate, including the prosecution of Case No. 2008 L 601, without adjudication, order or direction of the Probate Court. On December 30, 2013, Respondent filed a Motion to Substitute Plaintiff in Case No. 2008 L 601, requesting that Matthew Robison be substituted as the party plaintiff in that case, as the lawful representative of his father’s estate. On January 21, 2014, the Circuit Court entered an order granting Matthew’s motion and substituted him into the on behalf of a party in Case No. 2008 L 601,” as alleged in Paragraph 5 of the Administrator’s Complaint.
The key to the answer
Respondent researched the issue and discussed the matter with his partners at Crowder & Scoggins, prior to July 1, 2013. Respondent concluded that the death of his client, Mr. Robison, was “information relating to the representation of a client” which he had a duty to preserve under the “new” version of Rule 1.6(a). While his interpretation of the “new” Rule was eventually rejected by the Appellate Court, Respondent believed in good faith on July 1, 2013, that he was precluded from disclosing the death of Mr. Robison to defense counsel and the Circuit Court.
The underlying litigation involved “matters related to injuries caused by a malfunction of Robison’s prosthetic leg.”
Should be interesting. (Mike Frisch)