Your Bond Is My Fee

The Illinois Administrator has charged an attorney with dishonesty and engaging in business transactions with two clients in criminal matters.

He is alleged to have changed fee arrangements mid-case to access bond money.

In a stolen car case

The new fee agreement that Respondent asked Rayford to sign on March 1, 2012, … provided for Respondent to keep the $2,150 in fees he had already received from Rayford and, in addition, allowed Respondent to take the entire $4,500 bond refund in Rayford’s case as fees, for a total fee of $6,650.

At no time did Respondent advise Rayford to consult with independent counsel before Respondent asked Rayford to sign the new fee agreement, which allowed Respondent to collect $4,150 in additional legal fees, above the original $2,500 flat fee agreement between Respondent and Rayford. At no time did Respondent explain to Rayford that Respondent’s receipt of the additional legal fees was contrary to the agreement to pay Respondent a flat legal fee and that he had no obligation to agree to pay Respondent additional legal fees.

At no time did Respondent explain to Rayford that his interest in obtaining additional legal fees was in conflict with Rayford’s interest in maintaining the existing $2,500 flat fee agreement, nor did Respondent obtain Rayford’s consent to his receipt of the additional fee after disclosure.

In a robbery case

 Prior to Adams plea and sentencing, Respondent asked Adams, outside the presence of [his mother] Isom, to sign his cash bond refund over to Respondent to be applied to his legal fees. Adams advised Respondent that he and Respondent would need to speak with Isom. Respondent, Adams and Isom then discussed the bond refund. Isom and Adams agreed to have the bond refund signed over to Respondent with the understanding that Respondent would advise Isom when he received the bond refund check and send her the balance of the bond refund after subtracting the fees still owed to him from the $5,000 fee agreement. Respondent accepted an additional $300 in cash from Isom that day to be applied to the $5,000 fee, resulting in a balance of $2,885 owed to Respondent from the bond refund and a remainder of $6,115 to be returned by Respondent to Adams and Isom. After that conversation Adams signed the Petition/CBR to Attorney document authorizing his bond to be refunded to Respondent.

Thereafter, he is alleged to have converted the bond money, created a false document and made a false statement in the disciplinary matter. (Mike Frisch)