Chicago Sun-Times - March 24, 1998
by Leon Pitt
Lawyer jokes are rife with punch lines that liken the profession to unscrupulous used car salesmen and fly-by-night home repair outfits.
But on Monday, a national consumer legal reform group was dead serious in announcing it has petitioned the Illinois Supreme Court to force lawyers who overcharge to adhere to consumer protection requirements that govern all other businesses.
"The days are long gone when lawyers deserve to be treated like a special-privilege group, responsible only unto itself," said Jim Turner, executive director of HALT, a Washington, D.C.-based group.
Lawyers accused of wrongdoing in Illinois answer to the Illinois Attorney Registration and Disciplinary Commission, an arm of the Supreme Court. Since 1996, just 115 attorneys have been sanctioned or disbarred among the 4,400 who were investigated on allegations of fraud, Turner said.
Turner's group sought the requirement on behalf of an 85-year-old widow with Alzheimer's disease. Her guardian said she was overbilled more than $ 40,000 in an estate-planning matter.
In 1994, the Peoria woman's family sued the law firm for breach of fiduciary duty, malpractice and fraud and sought restitution under the state's Consumer Fraud and Deceptive Practices Act, Turner said.
Two years later, a trial court ruled against the guardian, finding that everything a lawyer does, including billing, comes under the practice of law and is not subject to consumer protection laws, Turner said.
An appeals court overturned the ruling, but last December the Supreme Court granted a review of the appeal.
The Illinois State Bar Association supports the lower court ruling, maintaining that regulations governing the practice of law are "the inherent and exclusive power" of the Illinois Supreme Court.
"Legislative intrusion into judicial authority to regulate the practice of law and attorney conduct violates the separation of powers of the Illinois Constitution," the state bar association argues.
But Turner contends there is nothing about billing that requires a lawyer to exercise legal experience and judgment. "Adding up hours and expenses is something every business person does -- lawyers are no exception and they should not be allowed to avoid laws that protect consumers from improper business practices," he said.
For more than a decade, consumer protections have applied to attorneys in Connecticut, Washington state, Louisiana and Texas, Turner said.
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