Edwardsville attorney Todd Sivia admits that he had a “lapse in judgment” when he failed to communicate a conflict of interest to his client, resulting in a censure by the Attorney Registration and Disciplinary Commission (ARDC).
“I support the accountability set forth by the state in which serving clients to the best of our ability should always be of top concern,” Sivia said. “I take full responsibility for my actions, and I am thankful for the lessons that this situation has taught.”
“My actions should not be attributed to any of the wonderful attorneys and staff that work in my office,” he added. “They are true professionals.”
Sivia, of Sivia Business and Legal Services, explained that he defended employer Eliot Deters and employee Dana Bourland of The Mailbox Store. During his representation, Sivia failed to obtain a written disclosure of the conflict of interest with Bourland and failed to protect the interest of both clients over the interest of Deters.
“I am thoroughly disappointed in my behavior and would like to extend a public apology to Ms. Bourland and Mr. Deters,” Sivia said. “My faults have ultimately taught me a hard lesson of growth and serves as a learning experience for cases to come. Our firm is grounded in our principle of integrity and I agree that I should be punished for my lapse of judgment. We must all atone for our mistakes, even attorneys.”
Sivia said he attempted to correct his actions by resolving the matter for the benefit of both Deters and Bourland with an “offer in hand,” but Bourland asked for him to withdraw his representation. She then failed to appear for a hearing twice, resulting in a default judgment.
“Even after withdrawal, Sivia entered into a settlement agreement that protected both the employee and the employer,” a press release states.
“In the Hearing Board Order, the mitigating circumstances of the work Mr. Sivia has done with the Boy Scouts, his church, Rotary and other non-for-profit organizations,” it continues.
The ARDC also acknowledged that Sivia did not cause Bourland’s damages as she failed to appear after asking Sivia to withdraw his representation.
The press release states that Sivia’s discipline, a censure, is “the lowest form of public discipline” and “constitutes a formal and public ethical investigation and hearing.”
Since the censure, Sivia Law has implemented policies to prevent similar incidents from happening in the future, including policies ensuring there is no conflict of interest prior to establishing an attorney-client relationship and ensuring every client signs a document if a potential conflict were to arise.
“Based on this event, Sivia Law remains true to their mission of helping people through life’s transitions, which goes to show that we all can have bumps in the road,” the press release states. “As a result of positive change, Sivia Law stands confident in their ability to best serve clients in both Illinois and Missouri.”
The ARDC complaint was issued March 11 by Administrator Jerome Larkin through his attorney Rachel C. Miller. Sivia was accused of one count of lack of communication and conflict of interest.
According to the complaint, Sivia provided legal services to Deters and his business The Mailbox Store of Illinois Inc. in an ongoing client relationship. On Aug. 11, 2018, Deters held an employee retreat at Harpole’s Heartland Lodge in Nebo, Ill., where each employee had the opportunity to drive an all-terrain vehicle (ATV).
Bourland attended the retreat. Bourland and Deters each signed indemnification of liability agreements and agreements listing rules for operating Harpole’s ATVs. While operating the vehicle, Bourland had a collision and sustained injuries. The ATV sustained damages.
On Feb. 13, 2019, Harpole’s filed a small claims case against Deters and Bourland for damages to its ATV in Pike County Circuit Court.
The complaint states that Sivia made a $1,000 settlement offer on behalf of Deters to Harpole’s attorney, Edward Fanning. and sent him an email on March 22, 2019.
The email states, “My client [Deters] did not drive the vehicle. You have received a signed agreement between Dana and your client. My client did not sign as a surety on behalf of Dana. The language is vague and the vagueness is against your client the drafter. Section 12 says the rider will be responsible for their damage to ‘ATV’ not to all ATVs in the party, it does not say they will be responsible for everyone in the parties [sic] responsibility. If that is the case, you should sue everyone that was there that day and not single my client out.
“You have a signature of Dana. You can pursue her all you want to. It would be in your client’s interest to accept my client’s offer,” it continues.
The complaint states that Sivia then entered his appearance on behalf of Deters and Bourland on April 8, 2019. It adds that Bourland did not tell him that she wanted him to represent her in the lawsuit, nor did he discuss possible conflicts of interest with her.
On June 3, 2019, Sivia sent Fanning an email asking if he discussed the settlement with his client. Later that month, Sivia allegedly contacted Bourland for the first time and discussed settlement options with her, including the offer that Bourland pay a majority of the ATV damages.
“Respondent knew at the time he discussed settlement offers with Bourland in June 2019 that he sought to enter into a settlement on her behalf to lessen Deter’s financial responsibility” in the lawsuit, the complaint states.
Bourland sent Sivia an email on Aug. 7, 2019, stating that she did not feel that he represented her interests and asked him to explain her rights for seeking out other counsel.
The complaint states that he did not communicate conflicts of interest and failed to ask about ber injuries or possible worker’s compensation claims.
On Aug. 22, 2019, Sivia filed a motion to withdraw as Bourland’s counsel. The court granted the motion on Aug. 26, 2019, and set a status conference for Sept. 23, 2019. However, Bourland failed to appear at the status conference. The court entered a default judgment against her for $4,971.92 and $2,994.40 in attorney fees and costs.
Sivia explained that Deters and Bourland previously agreed that Bourland would be solely liable for the debt and she had started to make payments to her employer for the debt.
Sivia was licensed to practice law on May 5, 2005, and has operated Sivia Business and Legal Services PC in Edwardsville since 2006. His practice is concentrated on business law, special needs trusts and estate planning.