Monday, February 4, 2008

The Ostrich Approach

An Ilinois hearing board has recommended a six-month and until further court order suspension of an attorney who neglected a client's visitation and child support case and thereafter failed to participate in the bar discipline proceeding:

"Because we did not have an opportunity to observe Respondent or hear an explanation for her conduct, we do not know why she failed to pursue [the clients'] case, or why she has not cooperated in these proceedings. Under these circumstances, a suspension until further order of Court is appropriate. See In re Houdek, 113 Ill.2d 323, 497 N.E.2d 1169 (1986) (lack of evidence that attorney was willing or able to meet professional standards of conduct in the future warrants a suspension until further order of the court). Given the evidence presented to us, and the fact that Respondent has not registered with the Commission since 2004, we conclude that she has little or no interest in continuing her legal career. If that position should change, she will have to demonstrate her reformation and commitment to the legal profession in a reinstatement proceeding."

This case illustates the worst possible approach to charges of misconduct. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/02/the-ostrich-app.html

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