Karow v. Student Inns, Inc.

I dissent for two reasons. First, in order to rely upon and avail themselves of the affirmative defense of advice of counsel, it was incumbent upon the defendants to show what information they gave counsel and that the information was a full, truthful and correct statement of facts as they then existed. (Froemke v. Massman (1919), 215 Ill. App. 86, 89.) This record does not satisfy that requirement. There are no specifics as to what Mr. Difanis or Mr. Goodman told the lawyer and indeed there is no showing whatsoever that their discussion with the lawyer related to the facts disclosed by the…