tag:blogger.com,1999:blog-221720579048947824.post6612593488496825858..comments2024-03-28T12:41:06.331-05:00Comments on Professional Responsibility Blog: Illinois Appelate court on whether there is a duty to disclose death of client during settlement negotiations -- UPDATED, againProfessor Alberto Bernabehttp://www.blogger.com/profile/05249350712732072457noreply@blogger.comBlogger1125tag:blogger.com,1999:blog-221720579048947824.post-52626018241406528892015-02-15T20:56:10.574-06:002015-02-15T20:56:10.574-06:00Professor Ronald Rotunda sent me the following mes...Professor Ronald Rotunda sent me the following message:<br /><br />Two comments:<br /><br />First, the reason that the lawyer must disclose that his client died is that, upon death, the lawyer no longer represents him. He would represent the estate of the client. The lawyer must tell the other side that he is no longer representing the deceased.<br /><br />Second, if the appellate court is really serious that the opposing lawyer must report the lawyer who did not disclose that he no longer represents the client because the client has died, should not the appellate could make the same argument about the trial judge — the trial just must disclose that the lawyer improperly hid the name of his client and that trial judge would be subject to discipline for not reporting the lawyer.<br /><br />The appellate court should not be throwing stones when it lives in a glass house.Professor Alberto Bernabehttps://www.blogger.com/profile/05249350712732072457noreply@blogger.com