Bond Retention Draws Proposed Suspension
An Illinois Review Board has recommended a suspension
The Administrator charged Respondent in a four-count amended complaint with misconduct arising out of his retention of two clients’ bond refunds. The amended complaint alleged that Respondent improperly changed a fee agreement with one client; deceived both clients about their bond refunds and retained all of the bond refunds after telling the clients he would return part of the bond refunds to them; created a false supplemental retainer agreement as to one client; and made false statements to counsel for the Administrator regarding the supplemental retainer agreement.
The Hearing Board found that the Administrator had proved that Respondent fabricated the supplemental retainer agreement and made false statements to counsel for the Administrator about it, but had not proved the remaining charges. The Hearing Board recommended that Respondent be suspended for one year, with the suspension stayed after 30 days by one year of probation.
The Administrator appealed, arguing that the Hearing Board erred in finding that Respondent had not engaged in a conflict of interest by changing the fee agreement with his client and had not engaged in dishonest conversion by taking all of the bond refund of the other client. The Administrator asked that Respondent be suspended for one year and until he makes restitution of $6,115 to one client and successfully completes the ARDC Professionalism seminar.
Respondent cross-appealed, arguing that the Hearing Board erred in finding that he had fabricated the supplemental retainer agreement and made false statements to counsel for the Administrator about it. He asked that the complaint against him be dismissed.
The Review Board affirmed the Hearing Board’s findings that Respondent had not engaged in a conflict of interest by changing his fee agreement with his client, and that he had fabricated the supplemental retainer agreement and made false statements to counsel for the Administrator about it.
The Review Board reversed the Hearing Board’s findings that Respondent had not engaged in dishonest conversion by taking all of the bond refund of his client, and found, instead, that he violated Rules 1.15(a) and 8.4(c) by engaging in that charged misconduct.
The Review Board recommended that Respondent be suspended for one year and until he makes restitution of $6,115 and successfully completes the ARDC Professionalism seminar.
(Mike Frisch)