No Faber

An Illinois Hearing Board recommends

Faber used settlement funds owed to his clients and a lienholder to open an investment account and purchase stocks in Faber’s name. He had advised the court he would pay the lien and hold the client funds in his trust account. Faber was experiencing financial difficulties at the time and never told his clients he used their funds for personal investments. After about two years, he paid the clients and lienholder the amounts they were owed.

The Hearing Board found Faber mishandled the settlement funds and acted dishonestly. It further found Faber did not properly document his contingent fee agreement with his clients.

The Hearing Board recommended that Faber be suspended for one year and until further order of the court, with the last ten months of suspension stayed by a ten-month period of probation. In making its recommendation, the Hearing Board considered Faber’s prior discipline for similar misconduct, the risk of harm caused by his conduct, his financial difficulties, and the need for oversight in managing his practice.

There was mitigation

Respondent was 78 years of age at the time of the hearing and has been licensed to practice law in Illinois since 1964. (Tr. 40, 72). He is a sole practitioner with an office in West Dundee. (Tr. 40). At the time of the hearing, he was handling ten to fifteen cases. (Tr. 44).

Respondent’s wife died of cancer in 1981, and his two sons later committed suicide. (Tr. 72). Respondent testified it is very hard to work and function every day. (Tr. 73). He feels he must continue to practice law “in order to survive.” (Tr. 74-75).

The income Respondent receives from his practice is not sufficient to meet his financial obligations. (Tr. 46). The Internal Revenue Service has levied Respondent’s Social Security income because Respondent owes $79,000 in back taxes. (Tr. 58). Respondent’s residence is in foreclosure. As of December 2014, Respondent owed real estate taxes for 2012 and 2013 on his commercial property. (Tr. 59).

Respondent called the Honorable Jeffrey Lawrence of the Circuit Court of Cook County and attorney Clifford Lund as character witnesses. Judge Lawrence shared office space with Respondent from approximately 1972 until 1978 or 1979. (Tr. 102). He expressed his gratitude toward Respondent for helping him early in his legal career. In Judge Lawrence’s experience, Respondent was always honorable. (Tr. 105). Judge Lawrence has not seen Respondent since 1992, nor has he maintained his acquaintance with Respondent over the years. (Tr. 102-103).

Lund has known Respondent since the mid-1980s, when he assisted Respondent with a large case. (Tr. 109). He knows lawyers and judges who know Respondent, and he believes Respondent has a good reputation for honesty and integrity. (Tr. 111). Lund has represented Respondent in his pending foreclosure action for the past four years. (Tr. 114).

He had previously been suspended for 60 days. (Mike Frisch)