LEGAL RECOURSE

It is an unfortunate fact of life that many, if not most, of us will at some time be entangled in a legal affair of one kind or another. In an increasingly litigious society, citizens too often feel at the mercy of the judiciary and its attendant system of adversarial lawyers.

Knowing little of the law's complexity, most of us become dependent on lawyers to represent us in legal matters. But what happens when a lawyer goes bad and represents his client dishonestly? In Illinois, at least, the public has redress through a restitution program adopted in 1994.

The program, administered by the Illinois Supreme Court, takes the place of the Clients Security Fund, financed jointly by the Illinois State Bar and the Chicago Bar associations. When that fund ran out of money, the Illinois Supreme Court stepped in with its Court Client Protection Program to repay victims of dishonest attorneys.

The program provides refunds of up to $10,000 for defrauded legal clients. In 1995, the program targeted 48 lawyers, most of whom siphoned money from clients' private funds or charged them for phony services. About half were named in multiple claims.

While the Clients Security Fund was financed by bar association fees, attorney licensing fees fund the Supreme Court program. That assures all lawyers help pay, since all attorney must be licensed but they're not required to be members of a bar association.

There are restrictions on client claims. A lawyer must have been disbarred or have been disciplined at least once before a client may file a claim. Malpractice claims, contractual disputes and personal loan defaults don't qualify for the program.

Even with the exemptions, the court paid $455,000 in claims last fiscal year and has approved more than $150,000 since July. Court officials expect a similar pace in 1996.

Although the fund rarely can reimburse a client for the damage a dishonest lawyer can bring to his reputation, it does serve an important function. I helps to protect the integrity of and the public's confidence in an increasingly besieged judiciary.