Legal Opinion · Dissent

In Re Lane

Illinois Supreme Court

Decided February 22, 1989No. 65432Published

1DissentChief Justice Moran

I believe that the Administrator has failed to present clear and convincing evidence of any professional misconduct on respondent’s part. Therefore, I respectfully dissent.

It is well established that, in disciplinary proceedings, an attorney is presumed innocent until proven guilty, and the burden of proof rests with those making the charges. (In re Serritella (1955), 5 Ill. 2d 392, 396-97.) Thus, the Administrator must prove allegations of misconduct by clear and convincing evidence. In re Woldman (1983), 98 Ill. 2d 248, 254.

The Administrator’s case against respondent rests almost entirely…

2Cases cited5 opinions

  1. In Re HopperIllinois Supreme Court · 1981
  2. In Re BossovIllinois Supreme Court · 1975
  3. In Re WoldmanIllinois Supreme Court · 1983
  4. In Re SerritellaIllinois Supreme Court · 1955
  5. In Re AmadenIllinois Supreme Court · 1942

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