Review Responses Draw Proposed Suspension
An Illinois Hearing Board recommends a suspension of 60 days and until further order
The allegations deemed admitted establish that Respondent revealed information relating to the representation of a client without the client’s informed consent by describing details of his client’s criminal case and disclosing his client’s identity in internet posts. Based upon that conduct, in December 2021, Respondent entered into a deferral agreement pursuant to Commission Rule 108 in which he admitted the misconduct and agreed to certain conditions, including continuing with mental health treatment, complying with the treatment recommendations of his mental health professionals, and providing quarterly reports from his mental health professionals relating to his continuing care and treatment. Beginning in December 2022, Respondent ceased providing the quarterly reports that he was required to provide to the Commission. Throughout 2023, Commission employees contacted Respondent or his counsel on at least eight occasions about Respondent’s failure to comply with the requirements of Commission Rule 108, but Respondent
did not resume providing the required quarterly reports. Thus, Respondent also knowingly failed to respond to a lawful demand for information from a disciplinary authority by failing to respond to ARDC employees’ demands that he submit reports from his treating mental health providers relating to their care and treatment of him.
By the foregoing conduct, Respondent violated Illinois Rules of Professional Conduct 1.6(a) and 8.1(b).
Respondent had represented the client in a battery charge; the client had posted negative comments about the representation as recounted in the deemed-admitted complaint
In or in about December, 2014, Respondent, on his own website…posted a reply to J.O.’s 2014 client reviews, described…above.
In his response, Respondent stated:
This is Drew Harwick, Attorney’s response to the negative review on the internet. To my clients: please look at the other articles under Google, Bing, and Yahoo to learn about my experience and background. This particular article is solely a response to a negative review (rant) by a rotten, mean-spirited convicted criminal bully named [J.]. ([J.] writes like a “jailhouse lawyer wannabe,” a soap opera magazine trash writer), subverting “the truth” into “the tooth”)(a clown)(takes over 60 hours to write (Wacko)(a clown) for a minor simple battery case over two years ago (double Wacko)(a clown) and steals my name to use in his own url or domain name (Triple Wacko)(a clown) [….]
Respondent further stated:
[…] [J.] received no jail time. (The judge wanted to put [J.] in jail, but I convinced the judge not to) (at the sentencing, [J.] stated to the judge that he had done jail time before.)
Respondent further stated:
[…] [J.] (bully) poked an old man (victim) while swearing at work, the old man jolted backwards. The old man (victim and co-worker) and an independent eye witness testified against [J.] at the trial. (The witness witnessed the bullying and swearing, she also testified that [J.] also came up to her and aggressively verbally bothered her). The police indicated [J.] had a reputation at the company he worked at of being a bully. I eventually called the company and the man who answered the phone indicated “they have cut ties” with [J.].
Respondent further stated:
[…] [J.] called me a year after the case was over. He used a fake name and pretended he had a legitimate reason to call. I said “This is [J.]” [sic] He denied it. I asked him what he did for work. He said he is heavily into military activities. [J.] is a veteran over 55 years old.
Respondent further stated:
By the way, does [J.] ever show any remorse for committing the crime of battery or for having committed the crimes of dui [sic] and driving on a suspended license? No, with [J.] it is always “what in it for me”? [sic] “Let’s manipulate the justice system so that I can get away with the fact that I am a bully and I have hasseled [sic] people at work and I have gotten drunk and driven and I was physically abusive to an old man at work” [sic] What about that old man who received the battery? Do you think he had a nice day at work that day? [J.] is just a loser.[…]
Respondent further stated:
“Finally, [J.] is just a high school graduate. My advice to [J.] is to go to college for four years and law school for three years. Then, pass the Illinois bar exam. By that time, he will be 66 years old.”
Further
On or about August 6, 2018, Respondent created a website with a web address that included J.O’s full name, nickname, occupation, and the town in which he lived. On or about July 18, 2019, Respondent posted the following comment on the website:
Notice: [J.O.], a 62 year old insurance adjuster, insurance agent who works at [J.O.’s office address] is a cyber-bully…. I had a small business transaction with [J.O.] about 6 years ago…. In 2013, after my business transaction with [J.] was over, he made a fake phone call to me denying he was [J.], I asked him what he did for work. He said that he is working deep in the military.
Respondent also violated the conditions of a deferred prosecution agreement. (Mike Frisch)