Thursday, April 12, 2012

Attorney Charged With False Accusations

The Illinois Administrator has filed a complaint that alleges misconduct against an attorney. The complaint alleges that the attorney made false statements about judges and a former client as well as an improper statement about a third party.

In one count, the attorney is accused of this falsity:

...Respondent prepared and sent a letter to the [opposing] attorney, Eric Terlizzi, which stated, in part:

I have never lost any appeal, and I was not going to allow three appellate court justices (who apparently knew absolutely nothing about the law of constructive trusts) to ruin my perfect record, particularly since I knew more law than anyone involved in this case (especially Judge Sauer). Marion County is much better off without him on the bench, given the possibility that he might have been involved with "nose candy" habits, a rumor with some support about which I became aware soon after my entrance into the case. (emphasis in original)

Respondent intended for "nose candy habits" to mean cocaine use. Respondent had no reasonable basis for alleging that Judge Sauer used cocaine. Respondent made the statements with reckless disregard for their truth or falsity.

In a child support case:

...Respondent prepared and sent a letter to [opposing paty] Diaz’s attorney, Aaron Hopkins (hereinafter "Hopkins"). The letter stated, in part: "[Diaz] cannot seem to abide by the Court’s order of July [sic] 13, 2011. It’s a damn shame that the judge cannot sentence [Diaz] to hang by the neck until dead, dead, dead."

...Respondent prepared and sent a letter to Hopkins. The letter stated, in part: "[Diaz] is a lousy father, as well as a drunk, and, as you know, has recently been charged with yet another battery upon a woman (making him also a coward)."

The attorney also is charged with a DUI conviction in Texas and failing to advise the Illinois Bar of the conviction. (Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/04/the-illinois-administrator-has-filed-a-complaint-that-alleges-misconduct-against-an-attorney-the-complaint-alleges-that-the.html

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