Law Student Helps Disbar Lawyer

An Illinois Hearing Board has recommended the disbarment of an attorney who had misused entrusted funds.

We have considered the Administrator’s one-count Complaint, a copy of which is attached as Exhibit 1. We have also considered the Order entered on February 24, 2016, deeming the allegations of the Complaint admitted, a copy of which is attached as Exhibit 2.

Based on the admitted allegations of the Complaint, over nearly two years, in matters in which he acted as an attorney and a title agent, Respondent transferred over $460,000 in real estate escrow money to the operating account of a company Respondent owned. These transfers were unrelated to the purposes of the escrow and exceeded any amounts legitimately due to Respondent or his company. While some funds were transferred back, over $180,000 was not returned.

This case warrants disbarment. In reaching that conclusion, the Panel has considered the seriousness of Respondent’s misconduct, the significant aggravating factors and the case law cited by the Administrator. As demonstrated by the evidence presented at hearing, Respondent’s misconduct has caused serious harm. Respondent’s minimal participation in these proceedings also represents a significant aggravating factor. While Respondent has no prior discipline, that factor does not carry significant weight in mitigation in this case, given the seriousness of Respondent’s misconduct and the aggravating factors present.

This result is rather unremarkable except for footnote one, which identifies counsel for the Administrator

Ms. [Laura L.] Smith, a third year law student, appeared pursuant to Supreme Court Rule 711, under the supervision of Mr. [Scott] Renfroe.

I suspect there are not many people who can say that they have disbarred an attorney before being barred themselves. Kudos. (Mike Frisch)