Illinois Charges Gender-Based Harassment Of Opposing Counsel

The Illinois Administrator has filed a complaint alleging that an attorney engaged in instances of gender-based harassment  of opposing counsel after court proceedings

Beginning in 2014, and at all further times alleged in this count, Respondent represented Judith Wyman (“Wyman”) and Kitty Knapp (“Knapp”) in separate employment discrimination cases related to their employment termination from the Olympic Star Restaurant (“Olympic Star”), operated by Evgeros, Inc. (“Evgeros”). Respondent filed the following cases on behalf of each client in the United States District Court for the Northern District of Illinois: Judith Wyman v. Evgeros, Inc. d/b/a Olympic Star Restaurant (“Wyman matter”), case number 1:15-CV-02758, which was assigned to the Hon. Matthew F. Kennelly (“Judge Kennelly”); and Kitty Knapp v. Evgeros Inc., d/b/a Olympic Star Restaurant (“Knapp matter”), case number 1:15-CV-00754, which was assigned to the Hon. Gary Feinerman (“Judge Feinerman”). Attorney Courtney Lindbert (“Lindbert”), from the law firm of Andreou and Casson, Ltd. (“Andreou and Casson”), represented Evgeros in both matters…

 Following [a] hearing, Respondent and Lindbert exited Judge Kennelly’s courtroom, and had a conversation in a hallway outside the courtroom regarding the Wyman case and pleadings which Lindbert intended to file. During that conversation, outside the courtroom, Lindbert informed Respondent of her intention to file pleadings related to sanctions under Federal Rule of Civil Procedure 11. When Lindbert asked Respondent if Respondent heard her, Respondent stated “I did, Cunt-ney.” Lindbert responded “Excuse me,” to which Respondent again stated “I did, Cunt-ney.”

On December 3, 2016, while both the Wyman and Knapp cases were pending, Respondent sent an email from his law firm email address to Lindbert at her law firm email address at approximately 10:46 p.m. regarding the parties’ ongoing litigation. In his email, Respondent began his correspondence by addressing Lindbert as “Cuntney Lindbitch.”

On December 5, 2016, attorney Luke Casson (“Casson”), a partner with Andreou and Casson, informed the Hon. Ruben Castillo, Chief Judge of the U.S. District Court of the Northern District of Illinois, of Respondent’s conduct towards Lindbert, and requested that the Court taken action against Respondent.

On December 13, 2016, the Executive Committee of the U.S. District Court for the Northern District of Illinois issued a rule to show cause by way of a citation, ordering Respondent to show cause why he should not be disciplined for his conduct towards Lindbert, as reported by both Lindbert and Casson.

On December 13, 2016, the Executive Committee of the U.S. District Court for the Northern District of Illinois issued a rule to show cause by way of a citation, ordering Respondent to show cause why he should not be disciplined for his conduct towards Lindbert, as reported by both Lindbert and Casson.

On January 18, 2017, following Respondent’s citation response and the Executive Committee’s review of the allegations and other information, the Executive Committee entered an order finding that Respondent engaged in the misconduct described in paragraphs 4 and 5. In imposing discipline on Respondent for his misconduct, the Executive Committee struck Respondent from the Trial Bar of the Northern District of Illinois and suspended him from the General Bar of the Northern District of Illinois for 12 months. The Order also required that, as part of any reinstatement petition, Respondent must demonstrate having sought professional assistance with both his compliance with the Rules of Professional Conduct as well as his anger management.

After another hearing with another counsel

 Beginning in 2014, and at all further times alleged in this count, Respondent represented Sherri Klocek (“Klocek”) in a domestic relations matter involving the dissolution of her marriage with her ex-husband, David Klocek (“David”). The case was docketed in the Circuit Court of Will County as David Klocek v. Sherri Klocek (“Klocek matter”), case number 14-D-02108, and assigned to the Hon. Victoria K. Kennison (“Judge Kennison”). Attorney Antoinette Granholm, from the law firm of O’Dekirk, Allred and Associates, LLC, represented David…

 Following [a] hearing, Respondent and Granholm exited Judge Kennison’s courtroom, and had a conversation in the hallway regarding the Klocek matter and ongoing discovery sought by Granholm. During that same conversation, in response to Granholm’s requests for discovery, Respondent asked Granholm why she had to “always be such a bitch.”

Shortly after that conversation, Granholm reentered Judge Kennison’s courtroom. As Granholm was again leaving the courtroom, Karen Humphries (“Humphries”), Respondent’s paralegal, called Granholm a “bitch” as Granholm walked past Humphries on her way out of the courtroom.

Following being referred to as a “bitch” by both Respondent and Humphries, Granholm returned to Judge Kennison’s courtroom to request that she and Respondent reappear to address the behavior and language of Respondent and Humphries. Judge Kennison granted Granholm’s request, and Granholm informed Judge Kennison that both Respondent and Humphries referred to Granholm as a “bitch” in speaking to Granholm just minutes before.

Judge Kennison admonished Respondent about his language, and instructed Respondent to direct Humphries’ to avoid engaging in the same behavior and language. Respondent acknowledged that he called Granholm a “bitch”, and also acknowledged Humphries’ language towards Granholm, but responded to Judge Kennison that his and Humphries’ actions were the result of provocation by Granholm.

JD Journal reported on the federal court action. (Mike Frisch)