Video Post Draws Proposed Suspension

An Illinois Hearing Board has recommended that a criminal defense attorney be suspended for five months for his conduct with a video received from prosecutors.

The synopsis:

The charges of misconduct arose out of  the Respondent knowingly posting on an Internet site, and showing to others, a  DVD video he received from the state’s attorney while representing a criminal  defendant. The video showed the undercover drug transaction between Respondent’s  client and a confidential police source. The Respondent entitled the video “Cops  and Task Force Planting Drugs,” which was false. By posting the video while his  client’s criminal case was pending, Respondent intended to persuade residents of  the county that the police or other government officials acted improperly in the  prosecution of his client.

The Hearing Board found that the Respondent engaged in the  misconduct charged in both counts. Specifically, he revealed information  relating to the representation of a client without the informed consent of his  client and without the disclosure being impliedly authorized in order to carry  out the representation; failed to reasonably consult with the client about the  means by which the client’s objectives are to be accomplished); made  extrajudicial statements that the lawyer reasonably knows will be disseminated  by means of public communication and would pose a serious and imminent threat to  the fairness of an adjudicative proceeding; engaged in conduct prejudicial to  the administration of justice; and engaged in conduct which tends to defeat the  administration of justice or to bring the courts or the legal profession into  disrepute.

The matter will now be considered by the Review Board. (Mike Frisch)