P&S Obtains Dismissal for Attorney on Grounds of Absolute Immunity
Matthew J. Egan recently persuaded the Circuit Court of Cook County to dismiss with prejudice a respondent in discovery action against the Firm’s client, an attorney whom the court had appointed to serve as the representative for children whose parents were engaged in contentious child custody litigation. One of the parents filed suit against her attorney and named the Firm’s client as a respondent in discovery. The plaintiff sought discovery from the Firm’s client, alleging that he had knowledge of and was involved in conduct that constituted a breach of fiduciary duty, fraud, and conspiracy. Mr. Egan filed a motion to terminate and dismiss, arguing that the plaintiff was misusing the respondent in the discovery process, as all of her potential causes of action were barred by the attorney’s absolute immunity arising from his status as a court-appointed representative. The court agreed with Matt’s argument and granted his motion to terminate and dismiss all proceedings against the attorney.