insuranceneeds.in

  • Subscribe to our RSS feed.
  • Twitter
  • StumbleUpon
  • Reddit
  • Facebook
  • Digg

Thursday, 22 August 2013

Illinois Court Rejects Law Firm's Claim Against Bank For Fraudulent Check

Posted on 17:29 by Unknown
DIXON, LAUKITIS AND DOWNING, PC v. Bank, Ill: Appellate Court, 3rd Dist. 2013 - Google Scholar:

Over the past several years, lawyers have become victims to check scams. The scam works like this. The lawyer receives a fraudulent check and deposits the check in his trust account. The lawyer is unaware that the check is fraudulent. The lawyer deducts his legal fee from the check and remits the balance to the client. Two or three weeks later the bank discovers that the check is fraudulent and deducts the amount of the check back to the lawyer's account. The problem is that there is a time gap between when a check is deposited (Here May 25, 2011) and when the bank learns that the check is a fraud (here June 10, 2011). By writing checks on their trust account, the lawyers often unwittingly convert other client funds that they hold. They must then reach in their pockets and make good the losses to their clients.

Here the law firm was a victim of such a scam. It tried to sue the bank that dishonored the check, Busey Bank, but was unsuccessful.

The trial court rejected the law firm's negligence claim on the ground that the bank had no duty to the law firm. Instead, the parties' duties were set forth in the account agreement, which provided that the law firm bore the risk of loss until the final settlement of the check.  The account agreement provided: "Deposits - We will give only provisional credit until collection is final for any items, other than cash, we accept for deposit (including items drawn 'on us')."

Further, the Uniform Commercial Code, Section 4-214(a) "provides that a collecting bank may charge back a customer's account when the bank makes provisional settlement but does not receive final payment on an item if the collecting bank gives notice to its customer by midnight of the next banking day."

Here, the bank complied with Section 4-214(a) by giving prompt notice to the law firm that the check was fraudulent.

The appellate court affirmed the dismissal of the law firm's negligence action against the bank.

Comment: The lesson here is that if there is any doubt as to the validity of the check, the lawyer should wait until the bank confirms that collection is final before paying out the proceeds. Thus, the lawyer must wait before paying out the funds even if the client calls repeatedly and threatens to sue the lawyer or file a grievance with the ARDC. The case is clear - if you draw funds on a check before final settlement of the check (several weeks after the check is deposited) it is your fault if the check is a fraud. I agree with this result. Any other result would require the bank to act as an insurer for bad checks. That would inevitably lead to losses by the taxpayers.

Edward X. Clinton, Jr.

www.clintonlaw.net

'via Blog this'
Email ThisBlogThis!Share to XShare to Facebook
Posted in Contract Law, Litigation Issues, Uniform Commercial Code | No comments
Newer Post Older Post Home

0 comments:

Post a Comment

Subscribe to: Post Comments (Atom)

Popular Posts

  • Corporate Law - LLC Statute Shields Member From Personal Liability
    Carollo v. Irwin, Ill: Appellate Court, 1st Dist., 4th Div. 2011 - Google Scholar : The Illinois Appellate Court recently decided the above-...
  • Shareholder Derivative Action Dismissed Because Plaintiff Failed To Make A Demand on the Board of Directors
    IN RE HURON CONSULTING GROUP, INC. v. HURON CONSULTING GROUP, INC., Ill: Appellate Court, 1st Dist., 2nd Div. 2012 - Google Scholar : This c...
  • Contract Law - Lewitton v. ITA Software, Incorporated (Seventh Circuit 08-3725)
    The Seventh Circuit Holds that An Employer Breached An Employment Contract When It Blocked A Former Employee From Exercising Options To Purc...
  • LLC Operating Agreement Defeats Unjust Enrichment and Breach of Fiduciary Duty Claims
    WOSS, LLC v. 218 ECKFORD, LLC, 102 AD 3d 860 - NY: Appellate Div., 2nd Dept. 2013 - Google Scholar : The plaintiff LLC was a member of the d...
  • Fraud and Proof of Reliance
    In fraud cases, the plaintiff must prove, among other things, that she reasonably relied on the factual assertion made by the defendant. All...
  • Seventh Circuit Weighs In On Unjust Enrichment Debate
    Cleary v. PHILIP MORRIS INCORPORATED, Court of Appeals, 7th Circuit 2011 - Google Scholar : The Seventh Circuit recently affirmed the dismis...
  • Appellate Court Upholds Personal Guarantee
    YELLOW BOOK SALES AND DISTRIBUTION COMPANY, INC. v. Feldman, Ill: Appellate Court, 1st Dist., 4th Div. 2012 - Google Scholar : This case, w...
  • Seventh Circuit Approves Securities Class Certification in Conseco Case
    The United States District Court for the Seventh District of Indiana approved class certification for a class of Conseco Investors. (Later C...
  • A Brief Review of Insider Trading Law - Rule 10b-5
    Insider trading law is highly complex. This is a brief summary of the law. Rule 10b-5 1. Insider Trading 15 U.S.C. §78j(b) provides that it...
  • Corporate Law - Dissolved Corporation Lacks Standing To Sue For Claims Arising After Dissolution
    Sometimes a client asks whether a dissolved corporation can bring a lawsuit. The answer is not clear. If the claim accrued before the corpor...

Categories

  • Business Advice
  • Collection Law
  • Consumer Rights
  • Contract Law
  • Corporate Law
  • Creditor Rights
  • Federal Arbitration Act
  • Federal Rules of Evidence
  • Fraud Claims
  • Fraudulent Transfer
  • Insurance Coverage Disputes
  • Internet Collection Scam
  • Limited Liability Company Issues
  • Litigation Issues
  • Moorman Doctrine
  • Mortgage Foreclosure
  • Noncompetition Agreements
  • Personal Jurisdiction
  • Securities Law
  • Shareholder Derivative Actions
  • Too Many Lawyers and Too Many Law Students
  • Uniform Commercial Code

Blog Archive

  • ▼  2013 (27)
    • ►  December (1)
    • ►  November (2)
    • ►  October (2)
    • ►  September (4)
    • ▼  August (5)
      • Illinois Court Rejects Law Firm's Claim Against Ba...
      • Seventh Circuit Rejects Bank's Efforts To Sue Acco...
      • New York Court Holds LLC Is Bound By Option Agreement
      • Fraud and Proof of Reliance
      • Is A General Partnership Interest a Security?
    • ►  June (3)
    • ►  May (1)
    • ►  April (4)
    • ►  March (2)
    • ►  February (1)
    • ►  January (2)
  • ►  2012 (34)
    • ►  December (5)
    • ►  November (4)
    • ►  October (2)
    • ►  September (2)
    • ►  August (2)
    • ►  July (3)
    • ►  June (4)
    • ►  May (6)
    • ►  April (2)
    • ►  March (1)
    • ►  February (1)
    • ►  January (2)
  • ►  2011 (40)
    • ►  December (2)
    • ►  November (3)
    • ►  October (3)
    • ►  September (4)
    • ►  August (1)
    • ►  July (3)
    • ►  June (2)
    • ►  May (5)
    • ►  April (3)
    • ►  March (5)
    • ►  February (3)
    • ►  January (6)
  • ►  2010 (36)
    • ►  December (2)
    • ►  November (3)
    • ►  October (5)
    • ►  September (3)
    • ►  August (3)
    • ►  July (3)
    • ►  June (2)
    • ►  May (3)
    • ►  April (1)
    • ►  March (4)
    • ►  February (4)
    • ►  January (3)
  • ►  2009 (18)
    • ►  December (3)
    • ►  November (4)
    • ►  October (2)
    • ►  September (2)
    • ►  August (1)
    • ►  July (2)
    • ►  June (4)
  • ►  2008 (1)
    • ►  September (1)
Powered by Blogger.

About Me

Unknown
View my complete profile