Lyndon lawyer cited for pursuing settlement after client's death

CHICAGO – A Lyndon attorney has been disciplined by the state for failing to notify the court of his client’s death and continuing to represent him in a consumer fraud case.

Dmitry N. Feofanov, 60, was censured by the Illinois Attorney Registration and Disciplinary Commission, an administrative agency of the Illinois Supreme Court that helps the high court educate and regulate the legal profession.

According to agency records, in January 2015, Feofanov agreed to represent Martin Krystek of Bloomingdale, in his consumer complaint against a suburban Chicago car dealership.

In June 2015, Feofanov told his client via email that he planned to file an arbitration lawsuit in Cook County Circuit Court, but Krystek died July 30, 2015, before the suit was filed.

The court’s records say Feofanov learned of Krystek’s death on or about Aug. 5, 2015, and was aware that he couldn’t continue with the lawsuit because the client’s death had by law ended the attorney-client relationship.

“If a client dies, the executor of the state can continue the case, and the court would have to be informed, but those things didn’t happen,” said James Grogan, deputy administrator and chief counsel at the Commission.

Investigation records allege Feofanov continued with his efforts to settle the lawsuit, several court appearances without disclosing that his client had died.

The defendants eventually learned of Krystek’s death, and in December 2015, filed motions to dismiss. In May 2016, a judge granted the motions and imposed $15,000 in sanctions for filing the arbitration motion.

Feofanov challenged the judge’s sanctions and the matter was turned over to the Commission. The court approved the agency’s recommendation for censure, with a court disposition date of May 18, 2017.

Feofanov agreed to the censure ruling, an admission of misconduct, but he can continue to practice law.

“This is our version of a plea agreement,” Grogan said. “The court justices say this was an ethical problem, but not serious enough to warrant disbarment.”

Feofanov had no prior blemishes on his record, and the agency said he was cooperative and showed remorse for his actions.

The business, based in Lyndon, specializes in consumer protection law and operates as chicagolemonlaw.com PC. Feofanov is a 1994 graduate of the Chicago-Kent College of Law, and was admitted to the bar that same year.