Those Who Trespass Against Us
A recommendation issued recently by the Illinois Review Board is summarized below.
The Hearing Board found that Respondent, previously disciplined in 2005, assisted his client in crimes or a fraud and engaged in dishonest conduct by purposefully deceiving others into believing Respondent and his client had legal authority to enter a property and remove personal property when he knew he did not have the authority to do so. Respondent assisted his client in the crimes of criminal trespass to property, criminal trespass to residence and theft. The Hearing Board recommended that Respondent be suspended for a period of ninety days and until he completes the ARDC Professionalism Seminar.
The sole issue before us is the appropriate sanction for a previously disciplined attorney who assisted his client in a crime or a fraud by purposefully deceiving numerous individuals into believing he and his client had authority from a court to take personal property the client believed belonged to him. The Hearing Board recommended that Respondent be suspended for ninety days and until he completes the ARDC Professionalism Seminar. The Administrator asks that this Board recommend that Respondent be suspended for one year. The Respondent asks that the sanction recommendation be reduced to a thirty day or sixty day suspension…we believe a one year suspension is warranted.A recommendation recently issued by the Illinois Review Board
On sanction
Respondent’s lack of remorse and his lies to the ARDC during the investigation of his conduct make this matter more egregious than the dishonest conduct in the cases relied upon by the Hearing Board and in the cases cited by the Respondent in his request for a lesser sanction. Moreover, the Hearing Board failed to consider any cases where the attorney assisted his or her client in a crime or a fraud, the primary misconduct found here. Respondent not only engaged in dishonest conduct, but he also he actively assisted his client in conduct that was illegal, conduct that if prosecuted could have resulted in incarceration for both Respondent and Hanson. His conduct jeopardized his client, harmed others, and brought the legal profession into disrepute. His conduct was calculated, deliberate and was not isolated to a single occurrence. W cannot condone or ignore such conduct by a member of the legal profession. The legal profession depends on attorneys to counsel clients to behave lawfully, rather than to help them engage in criminal acts.
(Mike Frisch)