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Illinois Professional Responsibility MCLE Marathon 2019


Speaker(s): Adrian Vuckovich, Ari Telisman, Edward C. Eberspacher, Jefferey O. Katz, Jeremy N. Boeder, Lea S. Gutierrez, Mark C. Palmer, Martin J. O'Hara, Mary F. Andreoni, Mary Robinson, Thomas P. McGarry, Trisha M. Rich
Recorded on: Apr. 10, 2019
PLI Program #: 251588

Adrian Vuckovich is an experienced trial lawyer, having represented numerous clients in bench trials, jury trials and at hearings before administrative agencies. Mr. Vuckovich also provides ethics advice to attorneys and law firms in the Chicago land area. In addition, Mr. Vuckovich has represented individuals and businesses in a variety of appeals. Although he handles a variety of cases for individuals and businesses, Mr. Vuckovich concentrates his practice in real estate and business litigation, disputes between shareholders and partners, and also attorney and judicial disciplinary matters. For more than 25 years, Mr. Vuckovich has also represented individuals in trust and probate litigation, employment disputes, family law matters, legal malpractice actions and many different kinds of business, real estate and personal matters.

Representative cases include:

  • Successful defense of complex shareholder dispute involving numerous breach of fiduciary and corporate fraud claims and involving hundreds of millions of dollars
  • Successful defense and settlement of multimillion dollar lawsuit filed by large bank against large real estate developer
  • Representation of numerous attorneys in investigation and defense of charges at Attorney Registration and Disciplinary Commission
  • On appeal, reversed trial court order disqualifying attorney based on prior representation
  • Representation of members of judiciary before Judicial Inquiry Board and Courts Commission
  • Obtained dismissal of condemnation action by demonstrating that governmental authority did not pass ordinance authorizing action
  • Settled property damage claim for hundreds of thousands of dollars for building damaged by collapse of neighbor’s building


Edward "Ted" Eberspacher concentrates his practice in the areas of professional liability, ethics and complex class action litigation.  While a significant part of his practice is dedicated to defending lawyers, he also represents insurance producers, real estate agents, financial advisors, architects and engineers in malpractice litigation.   Ted’s class action work focuses on consumer class actions across a broad range of industries with particular emphasis in Telephone Consumer Protection Act disputes and consumer fraud laws in courts throughout the United States.

Ted is a published author and frequent lecturer on professional liability, ethics and class action topics.  A sampling of his publications in these areas include:

  • Author, Illinois Considers Exceptions to the Statute of Repose for Claims Against Attorneys, Riding the E&O Line (DRI, June 2012)
  • Author, Language and Cultural Barriers Do Not Save Immigrant's Untimely Legal Malpractice Claims, In the Loop (March 2011)
  • Co-Author, Duty - A Modernized Guide for Defending the Insurance Producer Claim, For the Defense (DRI, January 2011)
  • Co-Author, A Case for Business Accountability: Statutorily Limited Duty to Procure by Illinois Insurance Brokers, Agents of America (January 2011)
  • Co-Author, Pay It Forward: Legal Malpractice and the Liability of Successor Counsel, For The Defense (DRI, May 2009)
  • Co-Author, My Negligence? What about Yours? Legal Malpractice and a Client's Comparative Fault, For The Defense (DRI, October 2007)

Ted is an active member of the Chicago Program Advisory Board for the University of Illinois College of Law and mentors third year law students participating in the program.  He is also a member of the American Bar Association where he serves on its Advisory Panel and is a member of the Illinois State, Cook County and DuPage County Bar Associations.  Ted is also a member of the Claims & Litigation Management Alliance. 

While in law school, Ted was a Harno Scholarship recipient, a Rickert Scholar for Oral Advocacy and served on Illinois' Moot Court Board of Editors. 

EDUCATION

University of Illinois - Champaign, Illinois (J.D. - 2005) (Magna Cum Laude)

University of Illinois - Champaign, Illinois (B.A. Finance - 2002)

Curtin University of Technology - Perth, Western Australia (Semester Abroad, School of Business - Spring 2001)


Jefferey Ogden Katz is a leading professional liability litigation lawyer.  Mr. Katz has handled hundreds of professional liability cases throughout the country, both of behalf of Plaintiffs and Defendants.  Mr. Katz and his firm regularly represent individuals, private and public corporations and law firms in litigation, trials and alternative dispute resolution involving professional liability and disciplinary issues.  

Mr. Katz has been a frequent speaker on professional liability issues and has presented to the Chicago Bar Association, American Association for Justice and American Conference Institute, among others, on professional liability issues.  Mr. Katz has frequently been cited by the media, including ESPN, Sports Illustrated, and Law 360 on issues relating to professional liability.

Mr. Katz is a graduate of the University of Wisconsin at Madison and Case Western Reserve University School of Law.  He is admitted to practice full time in the states of Illinois, Wisconsin and Kentucky.


Lea S. Gutierrez is Senior Litigation Counsel and Director of Diversity and Inclusion at the Illinois Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC), where she investigates and prosecutes allegations of lawyer misconduct.  In addition to her role as a litigator, Ms. Gutierrez leads the ARDC’s efforts to recruit diverse attorneys, promote a culture of inclusion, and create methods for increased public accessibility to the ARDC. She received her undergraduate degree from Hampton University in Virginia, her law degree from Temple University School of Law in Pennsylvania and her Masters of Forensic Sciences from The George Washington University in Washington D.C.  She also received her certificate in Strategic Diversity and Inclusion Management from Georgetown University in Washington D.C.  For three years, she served as Co-Chair of the YLS Professional Responsibility Committee of the Chicago Bar Association and she is currently a member of the American Bar Association Standing Committee on Professional Discipline.  She has been a presenter at various bar association and law firm events on topics related to professional responsibility, lawyer regulation, and diversity and inclusion.


Mark C. Palmer serves as Professionalism Counsel under the Illinois Supreme Court Commission on Professionalism to facilitate the promotion of professionalism, civility, and integrity among our lawyers and judges in Illinois. Mark supports the legal and judicial systems to better provide equitable, efficient, and effective service to the public through education and outreach initiatives.

Mark collaborates with legal mentoring stakeholders across Illinois and the nation to bring the Court’s professionalism-based mentoring program to new and experience attorneys. He further supports the development and delivery of educational programming to lawyers, judges, and law students, and performs outreach across the state on behalf of the Commission.

Prior to joining the Commission, Mark spent a decade in private practice as a trial attorney primarily focused on commercial litigation, banking law, and municipal law. During such time, he successfully negotiated, settled, or tried thousands of civil and criminal cases at the state and federal levels, including several hundred trials, all while striving to preserve a commitment to the rule of law and justice.

Additionally, Mark continues to work part-time as an Adjunct Professor and Trial Teams’ Coach at the University of Illinois College of Law since 2009, and at the University of Illinois Police Training Institute where he as trained hundreds of law enforcement officers on topics such as use of force and police liability.

Mark received his undergraduate degree from the University of Illinois at Urbana-Champaign and his law degree from The John Marshall Law School in Chicago. He is active in numerous bar and civic organizations including as an Assembly Member for the Illinois State Bar Association and as the chair of the Public Interest Law Initiative (PILI) 6th Judicial Circuit Pro Bono Committee.


Mary F. Andreoni is Ethics Education Counsel for the Illinois Attorney Registration and Disciplinary Commission (ARDC) where she develops and implements the ARDC’s ethics education initiatives, including the ARDC Ethics Inquiry Program and the Illinois Professional Responsibility Institute, where she is also an instructor. She has authored several articles including the ARDC publication, Client Trust Account Handbook and spoken at hundreds of programs on legal ethics. Prior to joining the Commission, Ms. Andreoni was law clerk to Illinois Appellate Court Justice Mel R. Jiganti and later practiced commercial litigation with the law firm of Peterson & Ross in Chicago. While in practice, she also served as a board member on the ARDC Inquiry and Hearing Boards. Active in the Chicago Bar Association (CBA), she has served on a number of committees, and is past chair of the CBA Professional Responsibility Committee (2014-2015). Ms. Andreoni received her J.D. from Loyola University School of Law in Chicago.


Thomas McGarry is a veteran trial lawyer. His civil litigation practice emphasizes the defense and counseling of lawyers and law firms professionals in federal and state courts and disciplinary agencies.

For more than 35 years, Tom has focused on representing lawyers. During that period he has represented and counseled hundreds of lawyers and law firms in actions for civil liability, in professional ethics, responsibility and discipline, in risk management and in law firm disputes. He has qualified as an expert witness on lawyer’s standards of care. He has also counseled professional liability carriers on lawyers' malpractice insurance coverage and has acted as national claims counsel overseeing defense activities nationwide.

Tom is General Editor of the practice manual Attorney’s Legal Liability, Illinois Institute For Continuing legal Education (IICLE), 2018 Ed. and is a frequent speaker on lawyer risk management and best practices.  Tom's extensive experience as a trial lawyer combined with his concentration in the law governing the liabilities and responsibilities of lawyers has enabled him to both counsel and protect his lawyer clients in the challenging environment of legal practice.


Trisha Rich is a Chicago litigation attorney who focuses her practice on legal ethics and professional responsibility and complex commercial litigation matters.  As a member of the Holland & Knight’s Legal Profession Team, Ms. Rich advises lawyers, law firms, and in-house counsel on a variety of issues related to professional responsibility and legal ethics, including professional responsibility, malpractice, partnership and corporate structuring, law firm management and employment issues, fee disputes, conflicts, confidentiality, and privilege, as well as all areas of legal ethics.

Ms. Rich is active in the legal ethics community. She founded and coordinates the Attorney Defense Initiative, the first privately sponsored pro bono initiative in the nation that focuses on assisting impaired lawyers facing disciplinary charges. Ms. Rich is a member of the Association of Professional Responsibility Lawyers, and a frequent speaker and author on a variety of issues related to ethics and risk management. She has worked as an adjunct professor at Northwestern University School of Law in the area of legal ethics and professional responsibility. Ms. Rich also serves as the Deputy Professional Responsibility Partner for the Chicago office of Holland & Knight. Prior to practicing law, Ms. Rich taught practical and theoretical ethics at two universities.

In her commercial litigation practice, Ms. Rich represents a wide variety of clients in litigation and other disputes, including national and international companies, small businesses, municipalities and state agencies, and individuals. She has extensive experience in resolving disputes between businesses and represents clients at the trial and appellate levels in a wide variety of matters, including actions for breach of contract, tort claims, breach of warranty, fraud, consumer fraud, deceptive trade practices, tortious interference and all aspects of real estate, property management and receivership litigation. Ms. Rich also has extensive experience in financial services and consumer financial litigation.

Ms. Rich has first- and second-chaired a number of trials and evidentiary hearings in both state and federal courts, and also has represented clients in administrative hearings. She is a member of the Trial Bar for the Northern District of Illinois, has argued before the U.S. Court of Appeals for the Seventh Circuit and is a 2012 graduate of the National Institute for Trial Advocacy's national trial practice program.


WORK

Marty O’Hara, Vice Chair of the firm’s Litigation & Dispute Resolution practice group, concentrates his practice on commercial litigation and the defense of professionals in malpractice actions.

PROFESSION

Earlier in his career, Marty served as a law clerk for the Honorable Michael B. Getty of the Cook County Circuit Court, Chancery Division.

A frequently published author, Marty contributed the chapter “Plaintiffs’ Attorneys Seek Significant Recoveries Through Professional Liability Claims,” to the book, Best Practices for Addressing Professional Liability Claims. Marty currently writes the "Professional Liability" column for the Illinois Association of Defense Trial Counsel's IDC Quarterly. He has also published articles in the John Marshall Law Review and the ABA’s Judges’ Journal. Other recent publications include the following:

  • “What’s Good For The Goose Is Good For The Gander,” IDC Quarterly (Fourth Quarter 2013)
  • “A Split of Authority Regarding Whether Section 13-214.3 Applies to a Claim for Aiding and Abetting a Breach of Fiduciary Duty Brought by a Non-Client,” IDC Quarterly (Third Quarter 2013).

As a faculty member for the Illinois Institute of Continuing Legal Education, Marty speaks regularly at the “Basic Skills” seminar for new Illinois lawyers. He is a member of the Illinois State Bar Association, the Chicago Bar Association, the Defense Research Institute, the Illinois Association of Defense Trial Counsel and the Society of Trial Lawyers. Marty also serves as a delegate of Much Shelist to the Ally Law and serves on the organization's Policy and Member Services Committee. While in law school, he served on the John Marshall Law Review, and won a Graduate School Scholarship Award and the Dean Herzog Scholarship. Marty has been designated an Illinois Super Lawyer (2012-2016), an honor given to the top 5% of attorneys in the state.

COMMUNITY

Marty is past president of the St. John Fisher Athletic Association.

BACKGROUND

The John Marshall Law School
J.D., 1995

Illinois State University
B.A., 1990

Marty is admitted to practice in Illinois, and before the U.S. District Court for the Northern District of Illinois.


Concentrating his practice on counseling and representing clients in professional liability and disciplinary matters, Jeremy Boeder works closely with attorneys, insurance agents and brokers, engineers and other professionals. He also represents clients involved in commercial disputes, insurance coverage matters and general product liability and tort litigation. Mr. Boeder has achieved favorable results for his clients through mediation and arbitration, as lead counsel in numerous jury trials and as appellate counsel.

Mr. Boeder has written on lawyers’ professional liability for the IDC Quarterly Monograph and regularly assesses recent developments in the law for the newsletter of the American Bar Association’s Standing Committee on Lawyers’ Professional Liability. Mr. Boeder is also a former Chair and past Legislative Liaison of the Professional Responsibility Committee of the Chicago Bar Association’s Young Lawyers Section.

For the last five years, Mr. Boeder has been named a Rising Star in Illinois in the area of professional liability defense by Super Lawyers Magazine. In 2015 and again in 2016, Mr. Boeder was honored as an Illinois "Emerging Lawyer" by Law Bulletin Publishing Company, a distinction granted to fewer than 2% of those eligible attorneys who are age 40 or under or have been practicing law for 10 years or less. The American Society of Legal Advocates also named Mr. Boeder one of the top 40 litigation lawyers under the age of 40 in the State of Illinois for 2017. The ASLA selects fewer than 1.5% of eligible lawyers for this honor.


Ari Telisman serves as Senior Litigation Counsel for the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois ("ARDC"). His duties include investigating and prosecuting lawyer misconduct. Previously, Mr. Telisman served as a prosecutor in Indiana and Florida as well as an Assistant Attorney General in Illinois, where he pursued involuntary commitments of sexually violent offenders. Mr. Telisman is a faculty instructor for the National Institute of Trial Advocacy and gives continuing legal education speeches on behalf of the ARDC. He is also an adjunct professor at Loyola University Chicago School of Law and Chicago-Kent College of Law, where he teaches courses on trial advocacy and legal ethics. Mr. Telisman received his JD from the Florida State University College of Law and his BS from Carnegie Mellon University.


Mary Robinson is a principal in the Robinson Law Group, LLC, where she provides representation, consultation, and expert witness services in matters involving lawyer ethics and professional responsibility, including discipline defense.  She began that practice in 2007 after serving for fifteen years as Administrator of the Illinois Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC).  For eighteen years before joining the ARDC, Ms. Robinson practiced as an appellate public defender and then in her own firm, primarily in appellate, criminal and family law.

Ms. Robinson is a frequent speaker for national, state and local bar association programs on ethics and professional responsibility issues.  She has served as a member of the ABA Standing Committee on Ethics and Professional Responsibility and the ABA Standing Committee on Professional Discipline, and as Chair of the Planning Committee for the ABA National Conference on Professional Responsibility.  She taught Professional Responsibility at Northwestern University Law School and Northern Illinois University School of Law.  She received her law degree from the University of Southern California, and is licensed in Illinois and California.