Censure Notwithstanding Attitude

An Illinois Hearing Board has recommended a public censure of an attorney who was found to have engaged in commingling and conversion, but not dishonesty, in connection with a payment made by the client to compensate another attorney.

The board expressed some concerns about its proposed sanction:

Although we are somewhat troubled by Respondent’s  attitude that he has been unfairly burdened by this disciplinary process, we  believe censure is the appropriate sanction. We are encouraged Respondent has  taken steps to improve communication with his clients and has made changes to  his office procedures. He stated he added more assistants and has required his  staff to take “CLE classes.” We believe Respondent would similarly benefit from  additional instruction and require him to take the course offered by the  Illinois Professional Responsibility Institute.

Accordingly, after considering the nature of the  Respondent’s misconduct, the evidence in mitigation and aggravation, and the  precedent discussed above, we recommend that the Respondent…be censured and be required to complete the Illinois Professional  Responsibility Institute course within one year of the Court’s final order in  this matter.

(Mike Frisch)