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WIELAND v. LAWYERS TRUST FUND OF ILLINOIS

No. 5-03-0419.

836 N.E.2d 166 (2005)

359 Ill. App.3d 1147

296 Ill.Dec. 751

Gregory T. WIELAND and Michael Gallagher, Individually and on Behalf of a Class of All Others Similarly Situated, Plaintiffs-Appellants, v. LAWYERS TRUST FUND OF ILLINOIS, an Illinois Corporation, Honorable Mary Ann G. McMorrow, Chief Justice, Supreme Court of Illinois, Honorable Charles E. Freeman, Justice, Supreme Court of Illinois, Honorable Thomas R. Fitzgerald, Justice, Supreme Court of Illinois, Honorable Robert R. Thomas, Justice, Supreme Court of Illinois, Honorable Thomas L. Kilbride, Justice, Supreme Court of Illinois, Honorable Rita B. Garman, Justice, Supreme Court of Illinois, and Honorable Philip J. Rarick, Justice, Supreme Court of Illinois, Defendants-Appellees.

Appellate Court of Illinois, Fifth District.

September 15, 2005.

Attorney(s) appearing for the Case

Charles R. Watkins, John R. Wylie, Susman & Watkins, Chicago, Mark D. Mittleman, Robert M. Heggie, Beach, Stewart, Heggie, Mittleman & Curtis, LLC, St. Louis, MO, for Appellants.

Christopher Cueto, Law Office of Christopher Cueto, Ltd., Belleville, for Lawyers Trust Fund of Illinois.

Lisa Madigan, Attorney General, Gary Feinerman, Solicitor General, Paul Racette, Assistant Attorney General, Chicago, for Justices of the Supreme Court of Illinois, for Appellees.

Justice SPOMER2 delivered the opinion of the court:

The plaintiffs, Gregory T. Wieland and Michael Gallagher, filed a class action complaint in the circuit court of St. Clair County, naming as defendants the Lawyers Trust Fund of Illinois (LTF), a not-for-profit corporation, and the Justices of the Supreme Court of Illinois (Justices), in their official capacities. The plaintiffs alleged that Rule 1.15(d) of the Rules of Professional Conduct...

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