Hold The Phone
An Illinois Hearing Board has found that an attorney used demeaning and insulting language to a client’s father in one matter and a third party in another
Buchanan recalled that Respondent kept calling and asking for more money. Buchanan paid an additional $200, even though he felt Respondent did nothing. Buchanan testified Respondent did not advise him to consult with independent counsel regarding the change in the fee arrangement, nor did Respondent tell him the request for additional fees was contrary to the original agreement or that Buchanan had no obligation to pay more money. Further, Respondent did not use the term “conflict of interest.” Buchanan denied that Respondent provided any explanation for his request or advised him that fee adjustments happen in lengthy cases, and denied consenting to a change in the original agreement. (Tr. 31-34, 41-42, 66-67, 83).
Buchanan testified that during the phone calls from Respondent, Respondent cursed Buchanan and his family and used demeaning language, which was very upsetting for Buchanan. Buchanan began taping the telephone calls and eventually played the tape for a representative of the ARDC. Buchanan no longer possesses the recordings due to a problem with his phone, but confirmed that Respondent made the following statements:
You are a piece of garbage. All black people are alike. You’re slovenly, ignorant.
You better give me my money or your son’s case is going to be delayed.
I’m sick of you, you piece of shit.
I don’t know who’s the biggest bitch. You or [family]. I’m going to lock you up.
Low class n—–s. I’m going to have you all locked up.
You call me with stupid shit. Wait until next court date.
You have until 5:00 on Thursday. $300, no $500 check… Or on Friday I’ll withdraw. I already told the State’s Attorney to writ your son over.
You are such a pussy. They are going to writ him over. I tried to tell your stupid ass. Other lawyers would charge $10,000 for this case. Start planning for another lawyer.
You’re ugly, low class, ignorant. I’ll finish with you when he gets off. You’re demeaning your son.
Help your son. Pay. Stop delaying case.
During the time period of the phone calls, Leon was in jail waiting for his trial. The messages caused Buchanan to worry, feel disgraced, and think his son’s case would be jeopardized if Respondent did not receive more money. Buchanan recalled acting like a gentleman toward Respondent and denied ever being rude or disrespectful to him, but he did acknowledge being upset at Respondent for cursing and hanging up on him. Respondent had not been previously disrespectful to Buchanan.
Respondent admitted making the statements set forth above. He testified that after money became an issue, Buchanan was consistently rude and disrespectful and began criticizing Respondent’s representation of Leon and hanging up on him. Respondent believes Buchanan is a “typical deadbeat.”
With respect to the specific statements in the voice messages, Respondent testified when he told Buchanan that Leon’s case could be delayed, he was referring to the fact that a hearing over a fee dispute would delay the case. When he said he was going to have Buchanan “locked up,” he was reminding Buchanan of an earlier incident in court when the judge had threatened to lock up an attorney who appeared and objected to Respondent’s representation of Leon on the basis of Respondent’s visual impairment. Respondent acknowledged telling Buchanan he had to make a decision about the fee by a certain time or Respondent would withdraw and Buchanan would have to get another attorney.
In a separate matter involving a client in a nursing home
After Adler left a message for Respondent advising him that Durr was leaving the facility, Respondent responded with a long voice message which Adler felt was racially provocative and discriminatory. In the voice message, which was left on about July 5, 2015 and later provided to the ARDC, Respondent stated:
You know, I’m trying to be academic, intellectual, and – and – and community-minded and everything else with you. What you’re supposed to do as a nursing home, you piece of Jew garbage. You put my girl out in the street and didn’t give a fuck, and didn’t let her come back, and know that she is mentally – are you mentally challenged, you piece of shit? Let me tell you something. There is a tort–with your stupid ass, you don’t know what that is, called — called violation of fiduciary capacity. And that’s what you’ve done in this, with your stupid Jew ass. As a – Mother fuck you, how you fucked my girl. Okay, I’m going to sue you, a federal — sue you, sue the fuck out of you. You should have knew better. Fiduciary capacity carries with it a responsibility of the particular concerns of the person involved. She’s schizophrenic, hyper-paranoid schizophrenic, you piece of shit.
The board also found incompetence and lack of diligence.
The board recommends a suspension with automatic reinstatement
We also consider, in aggravation, the fact that when Respondent left the offensive voice message for Adler (Count II), he was already under investigation for leaving offensive messages for Buchanan (Count I). In fact, the message to Adler occurred approximately one week after Respondent gave a sworn statement in which he indicated he regretted the language he used toward Buchanan and had learned something from his experience.
Turning now to the appropriate discipline, we have determined that Respondent left insulting and offensive voice messages in two client matters and failed to properly pursue a criminal appeal for another client. The Administrator urged us to recommend a suspension of six months and until further order of the court, but that suggestion was based on the assumption we would find all of the charged misconduct proved, which we do not…
we recommend that Respondent Michael J. Moore be suspended from the practice of law for a period of sixty (60) days.
(Mike Frisch)