Tuesday, September 16, 2008
Once and awhile, I see a bar discipline matter that simply does not merit the imposition of a professional sanction (loyal readers may find this statement hard to believe). A case in point comes from Illinois, where I rarely have occasion to question the fine judgment of the ARDC attorneys.
The lawyer represented the client in marriage dissolution matter. The client was held in contempt for failure to pay his spouse pursuant to a court order. The lawyer held fees from the representation in escrow, paid the spouse from the fees, and was promptly reimbursed by his client. A stipulated reprimand was approved by a hearing board for "advancing or guaranteeing financial assistance to a client while representing the client in pending litigation, in violation of Rule 1.8(d) of the Illinois Rules of Professional Conduct..."
Was this prosecution necessary? (Mike Frisch)