Loan To Brother Draws Proposed Suspension

The Illinois Review Board has recommended a 30-day suspension for what it characterized as a sympathic misappropriation

The sole issue in this matter is the appropriate sanction for an attorney who knowingly misappropriated approximately $1,300 in client funds, albeit for an arguably sympathetic reason. Respondent gave the client funds to his brother who had requested a loan to pay medical bills for his children, one of whom was ill. Respondent knew when he took the funds that his actions were wrong. After the client complained to the ARDC, Respondent paid the amount owing to the client. The client was not aware that Respondent had used a portion of his funds.

The brother had promised to restore the money within two days but did not.

The funds at issue were settlement proceeds held for an incarcerated client. (Mike Frisch)