The “Susceptible Boy-Lawyer”
The Illinois Review Board has proposed a one-year suspension with six months stayed and probation for misconduct of an attorney who had represented himself.
The misconduct involved criticism of judges, for example
In January 2011, following a hearing at which Respondent failed to appear, Judge Kennedy issued an order denying Respondent’s outstanding motions. Respondent filed a motion to reconsider the order on February 23, 2011. Respondent alleged that Judge Kennedy improperly ruled on Respondent’s motions because the case had been set only for a status. Respondent stated, “Such back-alley justice makes a mockery of the legal procedures that gives parties notice of hearing and a right to be heard, procedures traditionally sets our legal system form that of oppressive dictorial regimes.” In December 2011, Respondent filed a pleading to substitute Judge Kennedy, referring to Judge Kennedy and Attorney Janello as “predators” and to Judge Kennedy as a “scourge on his profession.” Respondent referred to opposing counsel Mr. Janello as a “susceptible boy-lawyer” who learned from Judge Kennedy the power of corruption so he “can accept a judgeship, representing the next generation of Illinois corruption.”
There was mitigation
We recognize Respondent offered evidence mitigating his misconduct. Most importantly, Respondent’s misconduct in this matter arose out of a case in which he represented himself. He did not jeopardize his clients by engaging in the misconduct at issue here. In fact, according to Respondent, he has represented clients without complaint. The Hearing Board found in mitigation that Respondent acted without corrupt or dishonest motive and that he testified he recognized that his language was inappropriate. Respondent has not been previously disciplined. Respondent called two character witnesses who testified as to his honesty and charitable acts. Respondent testified as to his significant volunteer activities, including volunteering with the Red Cross, volunteering with his neighborhood association, and providing some pro bono legal services through the Land of Lincoln Legal Assistance Foundation. He is active in his church and in the local Masons Lodge. At the time of the conduct, Respondent was a partner in a law firm with his significant other and mother of his three children, Christina Manuel. He is no longer a partner with Ms. Manuel but he continues to work for Ms. Manuel. Finally, in mitigation the Hearing Board found that Respondent’s firm has a general practice and serves a lower socioeconomic community in the Champaign area, a community that is underserved by the legal profession.
The board found a violation of Rule 4.4(a), which the hearing board had not found. (Mike Frisch)