Flat Fee, Flat Tire

The Illinois Adminstrator has filed a complaint alleging misconduct by an attorney who had been retained to represebt a client in two criminal matters.

The matters involved aggravated battery and mob action; the other aggravated DUI causing the death of another person.

A $3,000 flat fee covered the representations.

On February 4, 2023, the court, by agreement of the parties, rescheduled the sentencing hearing for case number 2022CF90 to April 4, 2023, at 1:30 p.m. Respondent received a copy of the court’s order.

On April 4, 2023, Respondent had a flat tire outside of Jerseyville on his way to the sentencing hearing in Carrollton. Respondent called the State’s Attorney’s Office and reported that he would not be able to attend the sentencing hearing. The State’s Attorney relayed to the court that Respondent would not be able to attend because he had a flat tire.

On April 4, 2023, Judge Zachary Schmidt entered an order directing Respondent to provide proof of his flat tire before the next court date, and scheduling a sentencing hearing for case number 2022CF90 on April 28, 2023, at 1:30 p.m. Respondent received a copy of the court’s order.

On April 21, 2023, Respondent filed a receipt for his tire repair with the Greene County Circuit Clerk’s Office.

Respondent allegedly made a false statement to the client’s mother

Respondent’s statement to C.C.’s mother…was false because Respondent knew the court had scheduled a sentencing hearing for April 28, 2023, as he had previously received a copy of Judge Schmidt’s April 4, 2023 order.

He did not attend the April 28 proceeding; a false statement to the judge is alleged concerning that non-appearance

Respondent’s statement to Judge Schmidt that he did not know the court had scheduled a sentencing hearing in case number 2022CF90 until that Wednesday, April 26, 2023, when C.C.’s mother contacted him, was false because Respondent received a copy of the court’s order on April 4, 2023, or shortly thereafter.

At a subsequent hearing, he was found in contempt and fined $500.00.

A separate count alleges lack of diligence in a retained civil matter

On September 17, 2018, B.D. went to the Argosy Alton Belle Casino with her husband to gamble. On her way up to the second floor of the casino, she slipped on the carpeting and fell, injuring her right wrist and her knees.

Respondent filed a civil case that was dismissed for failure to effectuate service. (Mike Frisch)