Unprecedential
The Illinois Administrator has charged an attorney with a breach of confidentiality in connection with a former client.
The client
Respondent and John Quincy Adams IV (“Adams”), agreed that Respondent would represent Adams in criminal and traffic matters in Monroe County, Illinois, where Adams was charged with unlawful possession of less than five grams of Methamphetamine, DUI and illegal transportation of alcohol.
The retainer agreement
“Client agrees to make all matters of said representation confidential between client(s), his/her agents, assigns and principals and to refrain from reporting any phase of said representation to any external agency including but not limited, to the Missouri Bar, ARDC etc.”;
When the client sought to terminate him, it is alleged
Respondent filed, as a matter of public record, an “Answer” to Adams’ Motion to Dismiss Counsel in cases 2015 CF 52 et. al. Respondent’s “Answer” consisted of a two-page letter, addressed to Adams and also copied to the ARDC. The letter is attached as Exhibit 1.
In the letter, Respondent stated inter alia:
that Adams had a “horrible criminal past” and a “violent criminal past”;
that Adams had been “arrested and/or convicted in Missouri at least fourteen times”;
that Adams “wanted to bribe the court in some manner”;
that Adams was a “paranoid ingrate and miserable con man who tries to blame everyone else but yourself for YOUR misdeeds TO WHICH YOU CONFESSED” (emphases in original);
that Adams was in “constant breach of the “Non-Disclosure” provisions of your contract with me”.
The charges
entering into an agreement with a client or former client limiting or purporting to limit the right of the client or former client to file or pursue any complaint before the Illinois Attorney Registration and Disciplinary Commission, by conduct including requiring Adams to sign the retainer agreement described in paragraph 2, above, and by informing Adams that he was in “constant breach” of the agreement described in paragraph 2, above, in violation of Rule 8.4(h) of the Illinois Rules of Professional Conduct (2010); and
improperly revealing information relating to the representation of a client without informed consent, by conduct including disseminating and filing the letter, attached as Exhibit 1, in cases 2015 CF 52 et. al., in violation of Rule 1.6(a) of the Illinois Rules of Professional Conduct (2010).
(Mike Frisch)