Second Income

An Illinois Hearing Board has recommended a one-year suspension of an attorney who ran a law practice while collecting disability benefits.

Respondent was admitted to the Illinois bar in May 2004. Shortly thereafter, he opened his own law practice in Palatine, Illinois called Bless & Associates. At that time, Respondent had also been employed as a sheriff’s police officer with the Cook County Sheriff’s Office (CCSO) since 1997. Respondent remained in his job with CCSO after he was admitted to the bar and operated his law practice on a part-time basis. 

Cook County sheriff’s police are part of an independent police department whose officers are trained to patrol the streets and answer calls in unincorporated areas of Cook County. The job is physically demanding and involves much more rigorous activity than the ability to drive a patrol car. 

Cook County sheriff’s police officers are permitted to work additional jobs, provided they follow certain procedures and obtain approval. Those procedures are set forth in general orders issued by the sheriff governing “secondary employment.” During all times relevant to this matter, secondary employment was governed by General Order 07-2, which was issued on December 4, 2007.

The board found that the attorney failed to follow the secondary employment procedures after an injury occurred as a police officer.

He dishonestly collected benefits that would have otherwise been offset. 

After suffering an injury while working as a police officer with the Cook County Sheriff’s office, Respondent remained off work and collected temporary total disability benefits for more than two years. During this time, Respondent also worked as an attorney and assumed a paid position as an elected member of the McHenry County Board. Respondent did not obtain approval to work these secondary jobs as required by workplace rules, which might have reduced the amount of disability benefits he received. The Administrator proved Respondent engaged in dishonest conduct by intentionally failing to obtain approval for his secondary employment while on disability in order to continue to collect full disability benefits and earn income from his other job.

Notably, there was serious prior discipline

On March 12, 2015, Respondent was suspended for three years and until further order of Court for multiple violations of the Rules of Professional Conduct. In re Bless, 2010PR00133, M.R. 27134 (Mar. 12, 2015). Respondent’s prior misconduct occurred from 2006 through 2009 and arose out his relationship with client Kathleen Scott. Respondent engaged in an impermissible conflict of interest by engaging in a sexual relationship with Ms. Scott while he was representing her in a wrongful death lawsuit arising out of the death of her husband. Respondent also entered into multiple improper business transactions with Ms. Scott by obtaining a series of personal and business loans from her and enticing her to invest substantial sums in a building project owned by Respondent and his father. Ms. Scott was a widow with  young children, and Respondent was having financial difficulties at the time.

Additionally, Respondent counseled Ms. Scott to lie about their personal relationship during her deposition in the wrongful death case and lied to the ARDC regarding the nature of his personal and professional relationship with Ms. Scott. Respondent was found to have violated Rules 1.7(b), 1.8(a), 3.4(a)(2), 8.1(a)(1) and 8.4(a)(5) of the 1990 Rules.

The Administrator sought disbarment. Not an unreasonable position given the severity of the earlier misconduct. (Mike Frisch)