To the editors:
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I have engaged in a litigation practice for twenty years in Chicago and I can totally agree with the sobriquet some lawyers have given to the Circuit Court of Cook County: “circus court.” For the most part–and with few exceptions–the judges are dumb and lazy–and that is when they are not corrupt. Most are not interested in studying the law and doing what the law requires: they are interested in disposing of cases and working as little as possible. It is difficult to advise a client what a result will be, as judges are notorious for doing what they want regardless of the law. The Illinois Supreme Court is, for the most part, populated by mediocrities and has never been considered an innovative and progressive court as have those in California, New York, New Jersey and Oregon.
Ms. Metzger should have won her case. An attorney is a fiduciary of his client. There is a line of Illinois Supreme Court decisions going back over 100 years which states that, whenever a fiduciary receives something of value from the beneficiary, there is a presumption that it was obtained by fraud, overreaching or duress. A prime example is that of a client leaving something to an attorney in his/her will. While this rule was created with physical or material things in mind, it can easily cover anything–including physical contact–which experience teaches is not, for want of better words, “given away.” Looking at these allegations another way, had the women in your article given Rinella their house, the result would have been different.
