Plaintiff - Appellee: Roberta L. Cripe, Guardian of the Adult and Conservator of the Estate of Roberta A. Schmitz.

Defendant - Appellant: Thomas E. Leiter and The Leiter Group, an Illinois Professional Corporation.

Summary of Case: Roberta A. Schmitz, an 85-year-old senior citizen with Alzheimer's disease, hired Thomas E. Leiter and The Leiter Group to provide legal services. Schmitz's guardian claims that they overbilled her in excess of $40,000.

Summary Timeline of Events to Date:

10/24/94 Complaint filed by Robert A. Cripe; summons to The Leiter Group.

11/18/96 The trial court ruled that Consumer Fraud and Deceptive Practices Act does not cover the business aspects of lawyers' relations with clients and that it is considered the "practice of law."

12/13/96 Plaintiff Roberta A. Cripe appeals to the Appellate Court of Illinois, 3rd District.

7/10/97 Appellate Court files its opinion, reversing the trial court.

8/27/97 Defendant files petition for leave to appeal to the Supreme Court of Illinois.

12/3/97 Supreme Court of Illinois grants review of appeal.

Organizations Filing Amicus Curiaes:

For the Plaintiff - Appellee: Chicago Council of Lawyers

HALT-An Organization of Americans for Legal Reform

Illinois Trial Lawyers Association

For the Defendant - Appellant: Illinois State Bar Association

Illinois Association of Defense Trial Counsel

Background Information (from July 14, 1997 opinion of the Appellate Court of Illinois, 3rd District, pp. 2-3):

"Roberta Schmitz was the sole beneficiary of two trusts. She hired Leiter to transfer the trusts from the First National Bank of Peoria to the South Side Bank. After the South Side Bank was appointed as the successor trustee of the trusts, it retained Leiter as its attorney with respect to the trusts. Schmitz also retained Leiter to defend a proceeding to declare her incompetent.

That proceeding was filed by Schmitz' daughter, Roberta Cripe, who is the current guardian of her estate and the plaintiff herein (Guardian).

In her second amended complaint, the Guardian alleged that Schmitz had received several billing statements in which the defendants made false statements with regard to the number of hours that were spent on the trust matters and the guardianship case. The Guardian further alleged that the defendants knew that these statements were false and that Schmitz suffered $40,000 in damages as a result of her reliance on the statements."

Descriptive Timeline:

On October 24, 1994, Roberta A. Cripe, guardian of the estate, filed suit against The Leiter Group alleging common law fraud, breach of fiduciary duty, legal malpractice, and violations under the Illinois Consumer Fraud and Deceptive Practices Act for false statements contained on the legal invoices. The trial court ruled in favor of Cripe on all counts except the Consumer Fraud Act counts.

On November 18, 1996, the trial court ruled that "the [Consumer Fraud] Act does not cover strictly legal services or the billing of those services...." Cripe appealed the decision and it was heard before the Appellate Court, Third District.

On July 10, 1997, the Appellate Court reversed the trial court's dismissal of the Consumer Fraud Act claims. As Justice Michela pointed out in the ruling, "the only skills required in billing are the ability to tell time and accurately report the amount of time spent in performing legal services." Leiter appealed the case to the Illinois Supreme Court where it is currently pending.