Attorney Charged With False Statements After Former Attorneys Secure Unpaid Fee Judgment

The Illinois Administrator has filed an amended complaint alleging that an attorney engaged in dishonest conduct in connection with efforts to discover his assets in a post-judgment matter.

The plaintiff in the litigation was a law firm that had represented him in three matters:

Between 1999 and 2003 attorneys at the law firm  of Kamensky, Rubinstein, Hochman & Delott, LLP (“KRHD”) represented Respondent  with respect to three legal matters. During the time that KRHD represented  Respondent, the firm charged Respondent $24,347.66 for legal services it  provided him.

Between 2000 and 2007 Respondent did not pay  KRHD any portion of the $24,347.66 in charges that he had incurred for legal  service KRHD had provided to him.

…KRHD filed a  complaint against Respondent in the Circuit Court of Cook County to collect from  Respondent the legal fees that it claimed Respondent had not paid to the firm.  The matter was docketed as Kamensky, Rubinstein, Hochman & Delott, LLP v.  Robert A. Holstein, case number 2007 M2 799. On or about December 20, 2007,  Respondent filed an answer to that complaint and the matter was transferred to  mandatory arbitration.

…following a hearing, the  arbitrator entered an award in favor of KRHD against Respondent…

The complaint alleges that in a proceeding to discover assets

Respondent’s…statements about  not having any personal credits cards..were  false. As Respondent knew, he had opened a credit card account with Bank of  America in June of 2002, which appeared on the credit report Ms. Minnich showed  Respondent, and that account remained open at the time of the citation  examination. Respondent further knew that he or someone at his direction had  made payments on that Bank of America account from fees Respondent had deposited  into his Oak Bank and Chase Bank operating accounts…after he had received the citation to discover  assets.

(Mike Frisch)