Suspension Means Another Proposed Suspension

An Illinois Hearing Board recommends a suspension for practice after suspension

Respondent represented a client on misdemeanor criminal charges. Between the client’s trial and her sentencing hearing, an order suspending Respondent from the practice of law went into effect.

On the day of the sentencing hearing, Respondent appeared in court and presented a motion to withdraw. That motion did not refer to Respondent’s suspension but stated that Respondent wanted to withdraw because he did not do appeals. Respondent had informed his client of his suspension, but did not disclose the suspension to the court or the prosecutor. The prosecutor objected to the motion to withdraw. During an ensuing discussion about protecting the client’s rights, Respondent stated he could remain in the case for sentencing, and he did so.

By representing the client after he was suspended, Respondent practiced law when he was not authorized to do so. Based on Respondent’s failure to disclose his suspension to the court and his representation that he was authorized to practice law, Respondent engaged in dishonest conduct. The Hearing Board recommended that Respondent be suspended for five months.

(Mike Frisch)