More Illinois Bar Discipline Cases

My recent review of new hearing panel reports from Illinois led to a number of interesting matters that shed some light on problems in both practice and private affairs that can jeopardize a legal career. One involved an associate at a Chicago law firm who “falsely billed clients for work she had not performed.” The lawyers practice involved litigation in defense of hospitals and doctors in med mal claims. She was required to keep time records detailing time, work and client matter involved. While she initially excelled, her productivity declined, leading to conversations with her supervising attorney. The billing misconduct was discovered by an internal firm audit after the attorney had moved to a new firm. The attorney denied the allegations, which were based on a lack of records of the work allegedly performed.

The hearing panel found that the attorney had engaged in the misconduct, which involved 88 hours of work billed at $12,450. The panel notes: “We presume the Respondent’s primary motivation in engaging in false billing was an attempt to meet the number of hours she was required to bill during a time when she was having difficulty achieving the required number of hours.” Further, “she did not act out of greed or direct financial self interest.”

Two questions: how can a panel assume a non-fraudulent motivation when the lawyer denies misconduct? Is 30 days a tad light for a pattern of billing fraud in excess of $2,000?

The second case I find more difficult and sympathetic. The attorney has never had a disciplinary complaint. She did have a longstanding problem with alcohol and drug abuse. During the course of a custody proceeding for her minor child, she was ordered by a judge to produce a urine sample. Concerned about recent cannibus use, she went back to her law office and sought a clean sample from two people, each of whom refused. She was reported by a partner.