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18 January 2019Patents

Former Kirkland lawyer accused of overbilling clients

The regulator of the Illinois legal profession has accused a patent lawyer of overbilling clients while working at two major US law firms.

Christopher Anderson, who now works at Anderson Technology Law in Chicago, previously reported his conduct to his former employer Neal Gerber Eisenberg, according to a complaint filed on January 11. He also reported that he had overbilled while working at Kirkland & Ellis prior to Neal Gerber Eisenberg.

Neither Kirkland & Ellis nor Neal Gerber Eisenberg knew about the misconduct and both firms offered to refund clients who were affected.

The complaint was filed by Jerome Larkin, administrator of the Illinois Attorney Registration and Disciplinary Commission (ARDC), who has asked for an ARDC Hearing Board to review the case.

In 2011, Anderson joined Kirkland & Ellis as an associate in Chicago, focusing on transactions involving IP and technology. In 2015, he moved to Neal Gerber Eisenberg as a lateral hire, before becoming a non-equity partner in January 2018. According to his LinkedIn profile, Anderson left the firm in October.

The complaint, which notes that Anderson’s hourly billing rate was $450 in 2018, said that during his time at both firms, Anderson recorded time beyond what he had actually spent in handling client matters. He knew that the time he recorded would be billed to his clients and that they would be asked to pay fees based on his records, it added.

“As an example, if respondent spent 0.3 hours on a client matter, he would record that he had actually spent 0.5 hours, or he would bill 2.1 hours for work that actually took him 1.7 hours to complete,” it claimed.

Two months before leaving Neal Gerber Eisenberg, in August 2018, Anderson reported his conduct to his employer and it conducted an inquiry. The firm then agreed to refund more than 100 clients, with the total compensation amounting to more than $150,000. Kirkland & Ellis also committed to offer refunds or credits to clients affected by the conduct, the complaint said.

Anderson is accused of charging and collecting unreasonable fees, and his conduct is alleged to have involved dishonesty, fraud deceit or misrepresentation.

The complaint asked for a three-panel Hearing Board, which will include two lawyers and one non-lawyer, to assess the case. The board can recommend punishments, but can only issue a reprimand. More severe punishments such as disbarment would have to be handed down by the Supreme Court of Illinois.

WIPR has contacted Anderson for comment.

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