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Attorney sued over claim of breach of duty denies allegations

MADISON - ST. CLAIR RECORD

Saturday, November 23, 2024

Attorney sued over claim of breach of duty denies allegations

State Court

EDWARDSVILLE - An attorney facing a lawsuit over claims he breached his duty to a purported client while knowing there was a conflict of interest is denying the allegations.

Dana Bourland, of Highland, filed suit against Edwardsville attorney Todd Sivia in a case with roots in an all terrain vehicle (ATV) crash during a workplace retreat at a hunting lodge in Pike County. 

Attorney Sivia is accused of breach of fiduciary for failing to properly represent Bourland, allegedly working against her interests, and not revealing what she claims was a conflict of interest.

"Our office did represent Ms. Bourland at a point in time," Sivia said, adding that Bourland damaged an ATV and refused pay the bill. He said his office represented her employer, Mail Box Store, but that the owner asked that she be taken on as a client as she could not afford an attorney. 

"Our office attempted multiple times to resolve the matter for both Ms. Bourland and the employer’s benefit, and did so, even with the employer paying the entire balance for the employee’s benefit," Sivia told the Record.

"However, she decided to breach the contract and against advice of counsel. Upon her notifying our office that there was a conflict, our office withdrew from her representation and no longer represents her.  She currently has a default judgment against her by the ATV Park for her failure to represent herself."

According to Bourland's complaint, the August 2018 retreat at Harpole's Heartland Lodge was mandatory for employees of the Mail Box Store, which has several outlets in southern Illinois. Employees were paid their usual wages during the retreat, which was regarded as within the scope of their employment.

During the visit, Bourland was involved in a crash involving the ATV, owned by the lodge, and which asked for reimbursement from the owner of the Mail Box Store, Eliot Deters, according to the complaint.

Deters paid, but then was advised by Bourland that he should not as the accident and damage were the result of alleged negligence on the part of Harpole's, the complaint states. He then canceled the check.

Harpole's took a small claims action against both Deters and Bourland. Deters was represented by his attorney, Sivia, the plaintiff states. Bourland claims Sivia entered an appearance on her behalf as a "courtesy" to Deters.

However, Bourland was simultaneously suing both her employer and the lodge in connection with the crash. She claims not to have realized Sivia had a conflict of interest and that he should have told her.

Sivia, it is alleged, attempted to negotiate a settlement with the lodge to the advantage of Deters and against Bourland.

In support of her claim of breach of fiduciary duty, Bourland includes a court filing that states Sivia represents her and an email in which the attorney states: "You can pursue her (Dana) all you want to."

Bourland is claiming that she still had to pay her employer expenses, including attorney fees, from the action taken against her.

"Plaintiff had to pay Sivia for his efforts to act against her interests," the suit states.

She is seeking $30,000 in compensatory damages for lost and garnished wages and attorney fees. She also wants $100,000 in punitive damages to deter the defendant from engaging in similar conduct in the future.

Bourland is represented by Jack Daugherty and Keith Short of Short and Daugherty of Alton.

Madison County Circuit Court case number 2019-L-1706.

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