First Time A Disbarment

An Illinois Hearing Board proposes the disbarment of an attorney who had defaulted on serious charges

According to the admitted allegations, Respondent prepared a testamentary instrument for an elderly client, Elizabeth S. Hewitt, which gave Respondent a prohibited substantial gift. Specifically, Respondent amended Hewitt’s revocable trust to make herself the beneficiary of two-thirds of the approximately $1,000,000 residuary of the trust’s assets. Respondent did not advise Hewitt that the Rules of Professional Conduct prohibited Respondent from doing so.

In aggravation, this Panel considered the testimony of the Administrator’s witnesses, John W. Quinn and Cheryl Bauer, as well as the Administrator’s Exhibits 1 through 18. We also considered Respondent’s failure to participate in this disciplinary matter, which demonstrated a lack of regard for the legal profession and the disciplinary process. Respondent has no prior discipline, but we gave this factor little weight in mitigation in light of the serious misconduct.

(Mike Frisch)