Hello I Must Be Going

The Illinois Review Board proposes that an attorney not admitted in the jurisdiction be disbarred for unauthorized practice

In a four-count amended complaint, the Administrator charged Respondent with engaging in the unauthorized practice of law in Illinois and other misconduct in connection with Respondent’s handling of eight matters for his former landlord. After the Court rejected a petition to impose discipline on consent, the matter was scheduled for a contested hearing.

Respondent, who represented himself throughout his disciplinary proceedings, brought a motion to appear at the hearing remotely, arguing that financial and medical issues prevented him from traveling to Chicago from Florida for the hearing. The hearing panel chair denied Respondent’s motion, and held the hearing on the scheduled date. Respondent did not appear. The hearing panel chair therefore struck Respondent’s answer and deemed the allegations of the complaint admitted, and the hearing proceeded as a default.

The Hearing Board found that Respondent handled eight matters while he was living in Illinois even though he was never admitted to practice in Illinois; knowingly did not appear for his sworn statement; sought to have his client execute an agreement granting Respondent an interest in his client’s business without advising the client in writing that he may seek the advice of independent counsel; and did not reduce a contingent fee agreement to writing in connection with one of the eight matters. The Hearing Board found significant aggravation, and recommended that Respondent be suspended for one year and until further order.

Respondent filed exceptions, arguing that the Hearing Board erred in denying his motion to appear at his hearing remotely, and that the disciplinary proceedings against him violated his right to due process because the hearing panel relied on misinformation in reaching its decisions. He asked this Board to vacate the Hearing Board’s report and recommendation and remand the matter for a new hearing.

The Review Board found no error in the Hearing Board’s pre-hearing rulings or findings of misconduct, and therefore affirmed them. It recommended that Respondent be disbarred from practice in Illinois.

(Mike Frisch)