Violation Of Suspension Order Draws Call For Disbarment

The Illinois Review Board has recommended disbarment of an attorney found to have failed to comply with an order of suspension.

He had continued to practice law in several matters after suspension

Following his suspension, Respondent arranged with his brother-in-law, Robert Rothstein, to work with him during his suspension. Respondent testified that he contemplated that he would act as a “paralegal” for Rothstein and would be paid $100 an hour for his services. This arrangement admittedly violated Supreme Court Rule 764. Despite the arrangement, Respondent acted as an attorney, rather than as a paralegal for Rothstein. The Hearing Board found that Respondent continued to hold himself out as an attorney and practiced law after his suspension…

While Respondent argues that his mental state following the Court’s order of suspension prevented him from understanding the import of the Court’s order, we note that he was able to render advice to clients and negotiate with counsel during this time period. His conduct was aggravated by his actions in asking his brother in law to assist him in the unauthorized practice of law. The Court has stated that the unauthorized practice of law after a Court order imposing discipline “is a serious offense because it gives the impression that our system of attorney discipline is ineffective and that the public is not being protected from unethical attorneys.” See, In re Kuta, 86 Ill.2d 154, 161-62, 427 N.E.2d 136 (1981). We agree with the Hearing Board’s assessment of the seriousness of Respondent’s misconduct and the recommendation of disbarment.

The original suspension was for six months. (Mike Frisch)