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In re Rinella

Supreme Court of Illinois

677 N.E.2d 909 (1997)

Relevant factsFree

Attorney Richard Rinella (Rinella) was charged with professional misconduct after a hearing board found he had engaged in sexual relations with three clients while representing them and had testified falsely before the disciplinary commission; each client testified she didn't want the sexual relationship but felt she had no choice if she wanted Rinella's zealous representation. The hearing board also found Rinella used client confidences to his own advantage, failed to withdraw when his judgment was compromised, and failed to represent clients with undivided fidelity, recommending a three-year suspension. Rinella argued no specific rule barred attorney-client sexual relations and that discipline without such a specific prohibition would violate due process for lack of notice, and separately disputed that his conduct amounted to overreaching.

IssueFree

Whether, under state rules of professional conduct, a lawyer is prohibited from overreaching by taking undue advantage of the position of influence that he or she holds over a client.

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