The Alderman

Summary of an Illinois Hearing Board report and recommendation in a matter involving an attorney named Cahnman

The Respondent was charged in a three-count Complaint with having a conflict of interest and engaging in dishonesty. The charges of conflict of interest were based upon the fact that Respondent, while serving as an alderman for the City of Springfield, represented clients in traffic and criminal cases prosecuted in the circuit court, and Springfield Police were the arresting officers in those cases. (Counts I-III). The dishonesty charged in Counts I and III was based upon Respondent’s failure to disclose the foregoing representations to the Springfield City Council. The Hearing Board found that charges of conflict of interest were not proved and, thus, that Respondent’s failure to disclose the representations was not dishonest conduct.

In regard to Count II, the Hearing Board found that the charge of dishonesty was proved. While Respondent was representing a client named Christian in a traffic case, Christian, though another attorney, filed a lawsuit under the Illinois Freedom of Information Act (FOIA) against the City of Springfield. Respondent, as alderman and without disclosing his attorney-client relationship with Christian, participated in Springfield City Council sessions, closed to the public, at which attorneys for the City discussed legal strategies, settlement prospects and other issues related to Christian’s FOIA lawsuit against the City. The Hearing Board found that Respondent engaged in dishonesty by participating in the foregoing confidential discussions without disclosing his attorney-client relationship with Christian.

The Hearing Board recommended that Respondent be suspended for a period of 90 days.

The hearing board noted that he had previous discipline for dishonesty and

 After considering the nature and seriousness of the Respondent’s misconduct, the aggravation and mitigation shown by the evidence, the cases discussed above, and the purpose of the attorney disciplinary system, we conclude that a suspension is appropriate in this matter. We believe a suspension of ninety days is sufficient to preserve public confidence in the courts and the legal profession, impress upon Respondent the need for him to comply with ethical requirements, and sufficiently impress upon others the seriousness of the misconduct in this case.

(Mike Frisch)