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Kolker to preside over legal malpractice case against Belleville attorney

MADISON - ST. CLAIR RECORD

Thursday, November 21, 2024

Kolker to preside over legal malpractice case against Belleville attorney

Lawsuits
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BELLEVILLE - Edward Blake, senior partner at the Blake Behme Law Group PLC, is being sued for alleged legal malpractice and misappropriating funds from a client.

The lawsuit was filed by C. Maxine Hoerner, acting as the Public Administrator of the Estate of Bennie James Ferrell. She alleges Blake took of a series of professional missteps when transferring Ferrell's estate to his surviving children Nikki G. Lewis, Bennie J. Ferrell, Jr. and Zephanie Smith.

The lawsuit focuses on Lewis hiring Blake to handle her father’s estate.

“In April 2022 it was discovered that USAA had issued a check in the amount of $389,675.00 to the Estate of Bennie Ferrell,” the lawsuit reads.

“It was subsequently discovered that it was the Defendant had negotiated with USAA for payment of that amount. The check was sent to the Defendant's law offices. It has since been determined that the check in the amount of $389,675.00 to the Estate of Bennie Ferrell has been misappropriated from the Estate,” it continues.

Blake did not respond to a request for comment from the Madison - St. Clair Record on this case.

The lawsuit is divided into three counts, including legal malpractice, breach of fiduciary duty, and aiding and abetting.

Blake is accused of not ensuring the check was deposited into the estate account. The plaintiff alleges he failed “to secure the check from USAA and ensure it was deposited in the Estate account and not misappropriated.”

The plaintiff also alleges Black neglected to obtain a required bond as mandated by Illinois law.

“By violating his duties owed to the Estate, Defendant knowingly and substantially assisted in the misappropriation of Estate assets and the failure to obtain a bond as required by statute,” the complaint reads.

The complaint contends that Blake did not properly advise and instruct his client, Lewis, regarding the protection and securing of estate property.

As a result, Ferrell's children claim they suffered substantial damage to the estate and that Blake had a fiduciary duty to prevent such harm.

“The Estate has suffered damages as a proximate result of the Defendants breach of the foregoing duties,” the lawsuit claims.

A status conference on the lawsuit has been set for Nov. 6 at 9 a.m.

The case has been assigned to St. Clair County Circuit Judge Christopher Kolker.

Blake's bio on the Blake Law Group website lists “Estates and Trusts” as one of his specialties. He has been practicing law since 1978.

Previously, Blake earned the recognition of being named a Nation's Top One Percent Attorney, a prestigious accolade.

Additionally, Blake has received recognition from the College of Master Advocates and Barristers, designating him as a certified senior counsel, a prestigious credential affirming his proficiency across a range of legal disciplines.

Blake has also attained the distinction of being named a member of the Million Dollar Advocates Forum, an exclusive association limited to attorneys who have secured million-dollar verdicts or settlements.

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