Cover Up Worse Than Crime

An attorney who allowed a civil claim to be dismissed and fabricated a settlement with the client should be suspended for 30 days, according to a recent report of the Illinois Review Board.

This matter arises out of the Administrator’s one  count complaint charging Respondent with misconduct in handling a personal  injury case. After the Respondent neglected a lawsuit filed by him in DuPage  County, the court dismissed the case. Respondent failed to refile the case and  misrepresented the status of the case to the client. He later fabricated a  settlement without disclosing to the client that the matter had been dismissed.  He told the client he would negotiate a bill from a medical provider and then  neglected to do so. After the client complained, he paid the medical bill, but  did not disclose to the client his misconduct.

The attorney sought a censure but

The Hearing Board…concluded that a thirty day  suspension was warranted given the aggravating factors in this matter. The  Hearing Board found that the misconduct caused harm and potential harm to the client. After  Respondent first neglected the lawsuit and failed to refile it, he then  neglected to pay the final medical provider, thus creating a situation where the  doctor sought payment from the client personally. In addition, the Hearing Board  was particularly troubled by Respondent’s repeated efforts to conceal his  neglect and his failure to ever admit his errors to his client. As noted by the  Hearing Board, Respondent’s misconduct was not detected until he failed to pay  the final medical provider. Even then, Respondent failed to tell the client  about his errors and he continued to engage in deceit. This conduct in  particular illustrated to the Hearing Board the need to deter similar misconduct  by other attorneys.

(Mike Frisch)