Rukavina and law-related service.

Author:Cooney, Kevin
Position:LETTERS - Letter to the editor


The April Journal column on "law-related service" (see page 212) requires some clarification.

Contrary to the author's statement that a pending ARDC case (In re Rukavina, No 6184983) was the cause behind the CBA/ISBA proposed rules concerning "law related services," the actual source predates Rukavina by several years and therefore should not be attributed to ARDC. Mike Rooney who has extensively researched this matter and who has drafted alternate client disclosure rules (i.e., "Rooney Rules"), has traced the draconian "business transaction" disclosure standard to the widely criticized American Bar Association Model Rules.

This is a critical distinction, as the Professional National Title Network and a number of bar associations are attempting to have the Rules Committee of the Illinois Supreme Court adopt the alternate rule which would not require a home seller to hire an independent attorney to advise them on the "propriety of retaining their real estate lawyer for title services."

A full reading of the Rukavina matter indicates that the primary impetus is not client disclosure and should also be distinguished by the fact that the title services were performed by a corporate...

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