Friday, November 7, 2008

Disregard Of Suspension Order Alleged

An interesting complaint filed by the Illinois ARDC alleges that an attorney, in anticupation of his suspension in an earlier case, hired an inexperienced associate and continued his practice in violation of the suspension. The complaint alleges:

In or about January 2008, in anticipation of a possible suspension, Respondent hired...a 27 year old, 2007 graduate of the John Marshall Law School, who was admitted to the practice of law in Illinois on November 8, 2007. Respondent hired [her] as an associate to assist him in handling the day to day operation of his legal practice during his suspension, including but not limited to court appearances, communication with clients and opposing counsel, and drafting and filing pleadings.

After the suspension, it is alleged:

Respondent had daily contact with [the associate] and his secretary/receptionist, Sara Marudecki ("Marudecki"), through his cellular phone, home telephone, by the use of a facsimile and via email. During these conversations, emails and faxes, Respondent requested information from and directed [the associate] and Marudecki to take action on various client files. These requests and directions included, but were not limited to a daily report, each afternoon, of what faxes, letters, emails, telephone messages, pleadings and checks had come into the office, arguments to be made and orders to be requested by [the associate] in court hearings, directing language to be used and statements to be made by [the associate] in oral and written communications with clients and opposing counsel, and status reports on discovery and hearings in pending cases.

If the charges are proven, I would not be suprised to see significant discipline imposed for this sort of circumvention of an order of suspension. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2008/11/an-interestin-1.html

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