Suspension Proposed For Conversion Of Elderly Client’s Funds

A nine-month suspension and resitution is the appropriate sanction for an attorney’s conversion of the funds of an elderly client, according to a report and recommendation of the Illinois Review Board.

The Hearing Board concluded that Respondent  violated Rule 1.15(a) by opening the two accounts in his own name, depositing  Smith’s funds into his accounts and converting the funds.¹ The  Hearing Board found that Respondent transferred the funds into accounts in his  own name without authorization because he was having financial difficulties. The  Hearing Board also concluded that Respondent engaged in dishonesty in violation  of Rule 8.4(c) by knowingly using Smith’s funds without authorization to address  his own financial difficulties, by not informing anyone about his use of the  funds, and by falsely telling Smith’s children that he had set up accounts in  Smith’s name.

And

The Hearing Board found Respondent’s mitigation to  be minimal. He testified he was involved in several pro bono cases and he  participated in religious activities. He has not been previously disciplined.  The Hearing Board noted in aggravation that Respondent had not cooperated in  discovery resulting in sanctions being entered against him, he converted the  funds from an elderly and vulnerable client at a time he was having financial  difficulties, and he caused harm to Smith and to her family.

The attorney had contended that the sanction was too harsh and that restitution should not be required.

I’d say nine months looks like a gift for this type of misconduct. (Mike Frisch)