Monday, January 10, 2011

Drive-By Representation Draws Reprimand

An Illinois hearing board has imposed a reprimand of an attorney for his representation in a domestic relations matter. The text of the reprimand:

During the course of your representation of [the husband] in his domestic relations matter, you knew that the Court had entered an emergency order of protection against your client which prohibited his, or any 3rd party, contact with his wife...However, on September 3, 2009, after receiving a call from your client requesting that you drive by the martial [sic] residence to determine whether [the wife] was moving your client’s belongings from the home, you drove to the martial residence, parked your car in front of the driveway, blocked the exit for two other cars, took pictures of [the wife's] actions to be used as evidence at the hearing on the order of protection scheduled for September 4, 2009, and refused to leave the marital residence after a request made by [the wife] and her friend...After the police were called, you were arrested, and on September 18, 2009, you were charged with one count of Criminal Trespass – Remain on Land. On January 15, 2010, pursuant to a negotiated plea of guilty, the Court sentenced you to a six-month period of supervision and payment of fines and costs. Further, in connection with the representation of [the husband], you continued to represent him in his domestic relations and dissolution of marriage matter following a September 9, 2009 court order directing you to withdraw your participation as counsel due to a possible conflict of interest. In so doing, you used methods of obtaining evidence that violated the legal rights of another person in violation of Rule 4.4(a), engaged in criminal conduct in violation of Rule 8.4(a)(3) and engaged in conduct prejudicial to the administration of justice in violation of Rule 8.4(a)(5) of the 1990 Illinois Rules of Professional Conduct.

The attorney also must take a professionalism seminar. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2011/01/an-illinois-hearing-board-has-imposed-a-reprimand-of-an-attorney-for-his-representation-in-a-domestic-rrelations-matter-the.html

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