No Doctor’s Note

An Illinois Hearing Board recommends a one-year suspension and until further order for misconduct in a probate matter

The allegations deemed admitted establish that Respondent, while representing himself in a probate matter involving his mother’s estate, falsely told the Court that he had been unable to file a motion to reconsider because he had been admitted to the hospital. After the Court ordered Respondent to provide proof of his hospitalization, Respondent altered dates on pre-existing medical records and submitted the falsified records to the Court.

Respondent’s misconduct of intentionally providing false information to the Court and fabricating documents was extremely serious. The Panel has considered in aggravation that Respondent acted with a deceptive motive and engaged in a pattern of dishonest conduct. In addition, his participation in this proceeding was sporadic. We further consider that, although Respondent participated in the disciplinary hearing, his presentation left us with concerns about his ability to practice competently. Specifically, he testified that he has been diagnosed with mental health issues for which has not received consistent treatment in recent months. For the foregoing reasons, our responsibility to protect the public and the profession necessitates a recommendation that Respondent be suspended until further order of the Court.

We do not consider Respondent’s mental health issues as a mitigating factor, because there was no evidence of a causal connection between those issues and the misconduct. We have considered in mitigation that Respondent is a veteran and has no prior discipline. However, those factors do not lead us to recommend a different sanction.

(Mike Frisch)