Nearly 2,000 Texts
The Illinois Administrator has filed a complaint alleging misconduct by an attorney in representing a divorce client
Shortly after S.G. retained Respondent to represent her in the dissolution of marriage proceeding, the two began exchanging frequent text messages, often sharing personal details of each other’s lives. Between August 22, 2018 and October 31, 2018, S.G. and Respondent exchanged nearly 2,000 text messages.
Several texts are quoted, for example
Respondent [9:22 PM]: I would like to bite your ass
Respondent [9:23 PM]: Oh yes I am a womanizer
Respondent [9:23 PM]: Well?
S.G. [9:25 PM]: Funny I would love to see a movie and snuggle
Ya well I’m already rejected
Respondent [9:24 PM]: No movie. Just snuggle
Respondent [9:25 PM]: Your naked?
S.G. [9:26 PM]: I think about that but my crazy needs stable before I lose it.
Respondent [9:25 PM]: My arms around you.
Later
On September 6, 2018, Respondent and S.G. exchanged several text messages that concluded with Respondent stating to S.G., “Let me bite your butt.”
The complaint alleges a conflict of interest
Shortly after Respondent and S.G.’s text exchange on October 31, 2018, S.G. informed Respondent that she was terminating his representation of her. Subsequently, on November 20, 2018, Respondent filed a motion for leave to withdraw from his representation of S.G. in Boone County case number 2018-D-25. Respondent’s motion to withdraw was granted on November 21, 2018.
S.G. filed a bar complaint which led to alleged false denials
I did not ask to bite [S.G.’s] butt. I did not tell [S.G.] I would dream about her. I did not tell her that I love her. I did not tell her that I wanted to snuggle with her.
. . .
[S.G.] states she met with my friend, Sally. Sally is a member of Alcoholics Anonymous. Sally and I are friends. This is deeply concerning to me as Sally and [S.G.] have never met to the best of my knowledge. I certainly did not authorize my client to discuss personal matters with a friend/member of alcoholics anonymous.
. . .
I never asked for any hugs to solicit sex from [S.G.]. Hugs are not my way for soliciting sex. [S.G.] and I never spent personal time together. We had a professional relationship only.
As a result
On or about July 9, 2019, based upon a lack of supporting evidence to prove a violation of the Illinois Rules of Professional Conduct, the Administrator closed investigation number 2018IN04953.
S.G. filed a criminal complaint that led the police to the texts
On or about October 2, 2020, after review of the information and S.G.’s cell phone records provided by the Boone County State’s Attorney, the Administrator reopened investigation number 2018IN04953. On October 2, 2020, counsel for the Administrator sent a copy of the Boone County State’s Attorney’s request for investigation to Respondent, requesting additional information in response to the allegations.
The response drew charges
Respondent’s statement in his letter to the Administrator on February 5, 2019, as set forth in paragraph 18, that Respondent and S.G. “had a professional relationship only” was false. Respondent knew his statement was false because he knew that he sent multiple text messages of a highly personal nature to S.G. between the period of August 22, 2018 and November 2, 2018, including, but not limited to, text messages Respondent sent on August 30, 2018, in which he texted S.G. “You should dream of that womanizer” in reference to himself, sent her an emoji of a face blowing a kiss and an emoji of a tongue, asked her if she was naked, and responded “Yes” when S.G. told him “Your [sic] a big horny flirt.” Additionally, Respondent sent numerous personal and unprofessional text messages to S.G. on the night of August 31, 2018, into September 1, 2018, including, but not limited to, Respondent texting S.G. “You need great sex to sleep well” in response to S.G. saying she wished the two could cuddle and sleep, and Respondent asking S.G. if she wanted to watch him “pee.”
(Mike Frisch)