Body Attachment

An Illinois Hearing Board has recommended disbarment of an attorney who had defaulted on the charges’

The allegations deemed admitted establish that Respondent failed to promptly deliver $56,000 in attorney fees owed to attorney Lisa Lange following the settlement of a personal injury matter. Despite a court order directing Respondent to hold the fees in his client trust account pending resolution of Lange’s petition to enforce and adjudicate her attorney’s lien, Respondent used those funds for his own purposes without authorization. Respondent then failed to comply with circuit court and appellate court orders directing him to pay Lange the fees owed to her. Based on Respondent’s lack of compliance, the court held him in contempt, assessed a $5,250 fine as well as daily fines accruing until Respondent pays Lange, and issued a body attachment order for Respondent. Respondent has not paid the fees owed to Lange or the assessed fines. Based on these admitted allegations, the Administrator established by clear and convincing evidence that Respondent violated Rules 1.15(d), 3.4(a), 8.4(c), and 8.4(d) of the Illinois Rules of Professional Conduct (2010).

Respondent’s failure to appear for his disciplinary hearing and lack of full participation in this proceeding significantly aggravate his misconduct. We also consider in aggravation the financial harm to Lange, Respondent’s dishonest motive, and his failure to make restitution. In addition, we consider Administrator’s Exhibits 1-3, which include the orders at issue in this case and the docket from a federal court matter reflecting a default judgment entered against Respondent in Lange’s favor in the amount of $373,593.60 for attorney fees owed in two additional matters, plus interest and punitive damages.

(Mike Frisch)