Attorney forges another's name on pleadings: Violation of identity theft statute: Emotional distress: Postverdict settlement

Law Reporter, Apr 2004

Thuline v. Van Hooreweghe, Iowa, Scott County Dist. Ct., No. 99364, Sept. 24, 2003.

Attorneys Thuline and Van Hooreweghe shared an office in Illinois for almost 27 years. Thuline was licensed in both Illinois and Iowa while Van Hooreweghe was licensed only in Illinois. When Van Hooreweghe accepted representation of a client with an Iowa claim, he would bring Thuline into the case. The two would then work on the case together and share the fees.

Thuline learned that Van Hooreweghe was forging his name on pleadings and prosecuting claims under Thuline's name. Van Hooreweghe allegedly did not advise the clients or the courts that Thuline was not involved in the cases. Van Hooreweghe obtained fees totaling $47,500 for work on cases where he had forged or otherwise used Thuline's name.

Thuline filed suit against Van Hooreweghe, alleging violation of Iowa's identity theft statute, Iowa Code § 715A.8. Iowa law permits the recovery of treble damages where the plaintiff establishes pecuniary loss due to identity theft. Iowa Code § 715.16B. Plaintiff alleged loss to the value of his name as an attorney, as well as emotional distress.

A jury awarded $50,000, including $10,000 for emotional distress.

Plaintiff moved for treble damages. Before the court ruled on the motion, the parties reached a settlement for $80,000.

Plaintiffs Counsel

* Michael J. McCarthy, Davenport, Iowa