Short Suspension Proposed For “Dishonest Conversion”
An Illinois Hearing Board has recommended a five month suspension of an attorney for what it characterized as “dishonest conversion”
Respondent failed to hold the escrow funds separate from his own property and converted the funds to his own use by overdrawing his personal account and repeatedly allowing the balance to fall below the escrow amount. Respondent also engaged in dishonest conduct by knowingly using the tax escrow funds for his own purposes. The Hearing Board rejected Respondent’s claim that he did not know the $2,500 he received at the real estate closing represented the real estate tax escrow funds and never agreed to hold the escrow.
Significant aggravation was established, including Respondent’s extreme delay in paying restitution, his own precarious financial situation, his failure to accept responsibility or show remorse, and his failure to fully cooperate in the disciplinary proceedings. There was minimal mitigation. The Hearing Board recommended that Respondent be suspended for five months and be required to complete the ARDC Professionalism Seminar.
Sanction
After reviewing relevant precedent and considering the facts in this case, we conclude that a suspension for five months is appropriate and will satisfy the purposes of the disciplinary process. This sanction is within the range of discipline imposed in the cases noted above involving the dishonest conversion of comparable sums. We also believe it takes into account the significant aggravation as well as the lack of any compelling mitigation. In addition, we believe based on the record Respondent would also benefit from additional instruction regarding his ethical obligations. Therefore, we recommend Respondent also be required to complete the ARDC Professionalism Seminar as part of his discipline.
I guess I am not sufficiently schooled in disciplinary sanctions in Illinois as I was unaware that a short suspension with automatic reinstatement was the normative sanction for dishonest conversion with significant aggravation. (Mike Frisch)