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April 19, 2024

Caseyville Trustees File Motion Alleging Village Attorney Conflict Of Interest For Subpoenaing Own Clients – –

By John Kraft & Kirk Allen

On January 29, 2024

Caseyville, Ill. (ECWd) –

The bottom line here appears to be that the attorney subpoenaed his own clients (village trustees) on behalf of his other client (Plaintiff in civil lawsuit).

Last week three Caseyville Village Trustees filed a Motion to Quash several subpoenas in a civil case brought by a village employee against a FOIA requester alleging defamation (read about it here).

From within the Motion:

  • . . . there is a blatant conflict of interest between Plaintiff’s attorney, Douglas Stewart, and the Movants, with whom Mr. Stewart represents in their official capacity
  • …the Movants are each a member of the board of trustees for the Village …and work with Mr. Stewart as their attorney
  • Movants have not provided informed consent for Doug Stewart to represent the Plaintiff in this case, where a conflict of interest exists as required by the Supreme Court Rules Ill. S. Ct. R. 1.7(b)
  • Plaintiff has an interest that is directly adverse to the Movants . . . as such, Doug Stewart has a conflict of interest as outlined in [Rule 1.7(a)]
  • . . . Movants are clients of Dough Stewart . . . Plaintiff is the son of the Mayor . . . which creates a tenuous conflict relationship between the Plaintiff, Movants, and counsel
  • . . . the representation of [Plaintiff} by Doug Stewart stands in direct opposition to rule 1.7(a).
B-v-Motion To Quash_Redacted

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