Saturday, December 13, 2008
An attorney who was found to have violated ethics rules in a series of matters was the subject of a proposed one-year suspension by an Illinois hearing board. The attorney had been previously disciplined for conversion, careless bookkeeping, neglect and three instances of misrepresentation. He opposed the suspension and sought a sanction of probation.
The review board recommended the the period of suspension be reduced to six months but that the suspension be imposed until further court order. The review board made the following crucial finding:
It is the opinion of both Dr. Henry and Dr. Hartman that Respondent suffers from depression and dementia that render him unfit to practice law, and that it is unlikely that his condition will improve. Respondent provided no evidence to refute their opinions. We conclude that a recommendation that did not advise that Respondent’s suspension should continue until further order of court would flagrantly ignore the purpose of these proceedings.
If it is unlikely that the condition will improve, it is unlikely that the lawyer will ever be reinstated if the recommendation is adopted. (Mike Frisch)