Mishandled Pension Case Draws Proposed Suspension

An Illinois Hearing Board has found misconduct by default and recommended a suspension of one year and until further order

The allegations deemed admitted establish that, while working as an assistant Cook County State’s Attorney, Respondent committed misconduct in a case involving a plaintiff who claimed that the Cook County Pension Board incorrectly determined his pension contributions. Specifically, Respondent failed to comply with discovery orders, misrepresented to the court that he had authority to settle the case, failed to obtain approval of the proposed settlement, misrepresented to opposing counsel that he had taken steps to have the settlement approved, made untrue statements to his supervisor when asked about the status of the case, and failed to appear in court for nine consecutive status hearings. In addition, Respondent failed to respond to the Administrator’s requests for information. Based on these admitted allegations, the Administrator established by clear and convincing evidence that Respondent violated Illinois Rules of Professional Conduct 1.3, 3.1(a)(1), 3.2, 4.1, 8.4(c), and 8.1(b).

In mitigation, we consider that Respondent, who was licensed in 2007, has no prior discipline. He expressed genuine remorse and acknowledged that he should have done things differently. We further find that he appreciates the gravity of this matter. We also consider his testimony regarding challenging health and family issues he currently faces and was facing at the time of the misconduct. In the past eight weeks, he has begun obtaining treatment. We commend Respondent for doing so.

In aggravation, Respondent was an experienced attorney who engaged in a pattern of dishonest conduct over a period of several years. The misconduct harmed Cook County’s ability to defend itself in the underlying proceeding.

(Mike Frisch)