The Candyman

An Illinois Hearing Board majority has recommended disbarment of an attorney for misconduct in several matters.

…the Hearing Board  determined Respondent had: a) improperly diverted over $4,500 donated to benefit  teenagers injured in an automobile accident; b) raised frivolous issues and made  false statements to the court and the ARDC in an effort to justify keeping those  funds; c) attempted to represent the defendant and the victim in each of two  criminal cases; d) brought unfounded contempt proceedings against the prosecutor  in that matter; e) failed to return the unearned portion of a fee; f) created a  false billing record and made false statements to the ARDC in an effort to  justify keeping all of that fee; g) improperly represented a wife in a  dissolution of marriage action, while representing her husband on criminal  charges and both of them in civil litigation arising out of the husband’s  crimes; h) improperly revealed client confidences to police and opposing  counsel; i) sent the wife threatening e-mails; j) improperly retained funds  belonging to the wife; and k) improperly diverted insurance payments intended to  pay for a client’s medical treatment.

The attorney represented three teenage pedestrians who had been severely injured. He misappropriated the proceeds of a candy sale held on their behalf.

The attorney engaged in misconduct in a criminal matter

…we believe Respondent intentionally sought to frustrate those  proceedings, by using improper tactics, such as his effort to have Assistant  State’s Attorney Whitfield held in contempt. From our perspective also, in  seeking to represent Soto and Sackette, Respondent was not attempting to benefit  either of them, but rather to obtain an acquittal for Hernandez by precluding  the State from access to witnesses important to its case against Hernandez. This  is not a proper tactic.

And there is this tangled web in another matter

Respondent represented Kelly in seeking a  divorce from Michael, Michael in criminal proceedings in which he was charged  with embezzling funds and represented Michael and his accounting firm in civil  litigation arising out of the embezzlement. Respondent also represented Kelly in  some aspects of the civil litigation.

The board majority found that the attorney had inflicted great harm on a number of clients and had no remorse. The attorney had prior discipline of a one-year suspension.

The dissent as to sanction would impose a three-year suspension. (Mike Frisch)