Malpractice Suit Alleges Ungaretti & Harris Lawyer Authorized Document Destruction
Updated: A malpractice suit alleges a high-profile lawyer at Ungaretti & Harris authorized the destruction of documents despite a judge’s order requiring their preservation.
The suit by Peoples Energy names the law firm and lawyer Theodore Tetzlaff, a Democratic fundraiser and former adviser to Mayor Richard M. Daley, Crain’s Chicago Business reports. The utility seeks at least $4.66 million in damages in the suit, filed in Cook County circuit court.
According to the suit, Tetzlaff “unilaterally authorized the destruction of 16 boxes of [Peoples Energy] documents” in a class action involving the utility’s dealings with Enron Corp.
Peoples Energy claims it was forced into an unfavorable settlement after it learned of the destruction in December 2009 as a result of hiring Foley & Lardner as its lead counsel. Jurors would have been allowed to infer that the destroyed documents would harm the utility’s position.
Tetzlaff joined Ungaretti & Harris in June 2005 after criticism about his dual role as a partner at his prior firm, McGuireWoods, and as outside general counsel for Peoples Energy, according to a story published that year by Corporate Counsel. Tetzlaff’s bio at Ungaretti & Harris does not mention his work for Peoples Energy.
A firmwide e-mail from Ungaretti managing partner Thomas Fahey refers to the Crain’s article. “Without going into detail in this e-mail, we simply want you to be assured that we are vigorously defending ourselves in the matter and are confident that it will be resolved successfully,” Fahey writes. “We have always provided our clients with counsel of the utmost professionalism and integrity, and that was the standard that we adhered to in this matter.”
Updated at 12:30 p.m. to include Fahey’s e-mail.
