Friday, January 11, 2008
The Illinois ARDC has filed charges in a matter involving allegations that the attorney had been convicted of alcohol-related traffic offenses in 2001 and 2005, attempted to overreach an attorney-client relationship by pressing a domestic relations client to date him, and:
"...Between approximately 1991 and 1997, on at least five separate occasions, Respondent made audiovisual tape recordings of his sexual activity with women in the bedroom of his home in Lincoln, Illinois. Respondent taped himself and a different woman on each occasion. At least three of the women were Respondent's previous clients in dissolution of marriage matters. One of the women was Respondent's secretary in his law offices.
...On each of these occasions, Respondent activated the video camera and made the audiovisual tape secretly from, and without the knowledge or consent of, his sexual partner. Respondent positioned the video camera in a closet so that his partner would not observe it.
...On each of those occasions, the recording that Respondent made included audio as well as video.
...On each of those occasions, Respondent knowingly and intentionally used the video camera for the purpose of recording all or parts of his conversations with his sexual partner, as well as for the purpose of making a visual recording."
The Administrator alleges that the above-described conduct was criminal conduct in violation of laws prohibiting eavesdropping, although it does not appear that the accused attorney had been convicted. Like Model Rule 8.4(b), Illinois Rule 8.3(a)(3) does not require a criminal conviction for a violation to be established. (Mike Frisch)