Illinois Update

The Illinois Supreme Court issued a number of bar disciplinary actions last week.

Among the high (or low) lights

Mr. Feofanov, who was licensed in 1994, was censured. He represented a plaintiff in a consumer fraud case and, after learning of his client’s death, continued appearing in court on behalf of the client and making settlement demands to the defendants without revealing that his client had died.

Mr. Moenning, who was licensed in 1962, was disbarred. While serving as both trustee and trust counsel to several trusts created by two elderly sisters, he paid himself over $360,000 in purported fees without performing sufficient services to justify the payment of the funds. He also took years to notify or pay some of the trust beneficiaries, failed to disburse any funds to one beneficiary as of the time of the disciplinary hearing, failed to timely notify some of the beneficiaries of their interests under the trusts, and never provided an accounting to any of the beneficiaries or to the Illinois Attorney General’s Office. He was suspended on an interim basis on June 15, 2016.

Ms. Pavchinskaya, who was licensed in 2011, was disbarred. She pled guilty to felony theft in state court after she entered a currency exchange, presented a fraudulent check bearing the business name and contact information for her law firm employer, and received $1,960.55 in cash. She also forged multiple checks using the name and contact information of that employer, created and provided fraudulent client information to her employer and misused client property. She failed to appear at her own disciplinary proceeding.

Ms. Schmuhl, who was licensed in 2009, was disbarred on consent. She pled guilty in Virginia state court to abduction with the intent to extort money, aggravated maiming and burglary. She aided and abetted her husband, Andrew Gilbert Schmuhl, also an Illinois attorney, by taking a partner in her former law firm, and the partner’s wife, hostage and attacking them in the couple’s McLean, Virginia, home. She was suspended on an interim basis on May 3, 2017.

And in a matter that we had previously covered, the court apparently did not issue a written opinion on an issue involving duties to third party beneficiaries who are not clients

Mr. Krasnik, who licensed in 1989, was reprimanded and required to complete the ARDC Professionalism Seminar. He drafted a power of attorney and a quitclaim deed for a client who sought to serve as the agent of man whom the client described as a friend of his. Mr. Krasnik never spoke to the alleged friend or conducted any investigation regarding that person’s wishes or competency. The client subsequently used both documents to victimize the other person, who was hospitalized and suffering from dementia.

From our prior coverage

My understanding is that the Illinois Supreme Court rarely issues written opinions. Rather, the court regularly enters orders either agreeing or not with the proposed disposition.

It will be interesting to see where this goes.

Note that My Shingle has some strong views on this case.

(Mike Frisch)