Discredited Explanation

An Illinois Hearing Board recommends disbarment of an attorney

According to the admitted allegations, Respondent engaged in dishonesty by: 1) using a client’s credit card to make personal and business purchases in the amount of $1,708.68 without the knowledge or authority of the client, and 2) falsely telling the client that it was Respondent’s brother who had used the client’s credit card. (Counts I, II). In addition, Respondent knowingly made false statements of material fact to the ARDC during the disciplinary investigation and knowingly failed to comply with a subpoena to appear and provide a sworn statement to the ARDC. (Counts III, IV).

In aggravation, Respondent’s misconduct was not an isolated incident, he failed to fully cooperate during the disciplinary investigation, he did not participate in this disciplinary proceeding, and he has not made restitution. Based upon Respondent’s overall conduct, there is a serious question as to whether he is able or willing to practice law in an ethical manner.

The Panel considered in mitigation that Respondent has not been previously disciplined, but this factor alone does not warrant recommending a different sanction.

(Mike Frisch)