An Amended Complaint filed by the Illinois Administrator alleged that an attorney arranged to meet on a Saturday with a vulnerable client who wanted to be represented by an attorney with whom he shared office space
Respondent rented an office from Kallas and, as a result, they officed in the same suite. Respondent returned L.T.’s phone message on April 30, 2017, identified himself as Kallas’ partner, and told L.T. that Kallas was not available, and that Kallas had asked him to meet with L.T. on May 1, 2017, regarding her case and to collect a down payment of $500 towards Kallas’ $2,500 retainer.
The fateful Saturday
When L.T. arrived at Respondent’s office building on May 20, 2017, Respondent was waiting for her in his car. Respondent used his keys to unlock and enter the building and his office suite and then locked the door behind him. Respondent and L.T. were the only people present in Respondent’s office. Respondent started the meeting by accessing L.T.’s records on the DuPage County Courts website. He pulled a second chair close to him so that he and L.T. could review the records together. Respondent said he thought her lawyer was overbilling her. As they finished their review, Respondent put his arm around her and touched her arm and legs. Respondent complimented her earrings and touched her hair, telling her how attractive she was to him. L.T. stood up with the intention of leaving and Respondent pulled her onto his lap and began massaging her shoulders. L.T. told him that she didn’t do things like that and that he was married and Respondent told L.T. that he hadn’t had sex with his wife in 18 months. Respondent then led L.T. to an adjacent area to sit on a couch, took off his suit coat and her jacket. Respondent then stood L.T. up and restrained her by pinning her against a wall. Respondent exposed his penis to L.T. and pulled her hand towards him and forced her hand to touch his penis twice. L.T. withdrew her hand both times. Respondent pulled L.T.’s hand to his penis a third time, at which point Respondent ejaculated on both his and her clothing. Respondent pulled up his pants and left to retrieve her purse, unlocked the office door and they exited the building at the same time. Respondent said he would call her and got into his car and left. L.T. went quickly to her car and locked the door. She texted a friend, J., about what had just happened in her meeting with Respondent while sitting in her car. L.T. was shocked and frightened by Respondent’s actions, and upset and disoriented so that she was initially unable to drive and had to search for directions to her home on her GPS.
During the events described…L.T. repeatedly told Respondent that she did not want to have sexual contact with him. Because she believed the door to be locked and was frightened of Respondent, she did not attempt to leave the office.
On the morning of May 21, 2017, L.T. went to the Glen Ellyn Police Department and made a police report about the May 20, 2017 incident at Respondent’s office.
As a result of Respondent’s position as her attorney, L.T.’s mental health issues and the medications L.T. was taking to treat those issues, about which Respondent was aware, L.T. was unable to give informed consent to any sexual contact between herself and Respondent.
On July 26, 2018, a misdemeanor criminal complaint was filed in the Circuit Court of the Eighteenth Judicial Circuit against Respondent, entitled People of the State of Illinois v. Kevin Wendorf, case number 18 CM 1626, charging Respondent with battery, in violation of ILCS Chapter 720/5/12-3(a)(2).
(Mike Frisch)