Wednesday, August 15, 2012

Attorney Charged With Evading Service

The Illinois Administrator has filed a three-count complaint alleging ethical misconduct by an attorney.

Counts One and Two allege that the attorney converted estate funds and made misrepresentations to new counsel.

Count Three involves allegations that the attorney evaded service of a court order:

 On September 17, 2010, a Lake County sheriff’s deputy went to Respondent’s law office in Grayslake, Illinois, to serve the order and rule to show cause. At that time, the deputy sheriff told Respondent that he had a rule to show cause order to serve on Michael Caithamer. Respondent falsely identified himself as "Mark Penner" and told the deputy sheriff that Michel Caithamer was not in the office. After the sheriff’s deputy told Respondent that a vehicle registered to Michael Caithamer was parked in front of the office, Respondent stated that Michael Caithamer was on vacation and would be back some time the next week. Respondent stated that he leased office space from Michael Caithamer and that he would give him a copy of the order, but the sheriff’s deputy told him that rule to show cause had to be personally served.

On September 17, 2010, the sheriff’s deputy left Respondent’s office and used the Illinois Secretary of State image retrieval system to obtain a driver’s license photo of Michael Caithamer. After the sheriff’s deputy learned that the person who identified himself as Mark Prenner was Michael Caithamer, he returned to the office and he placed Respondent under arrest for obstructing service of process. At that time, Respondent stated that he was sorry and promised to appear in court.

On or before October 4, 2010, as a result of the acts described...above, the State’s Attorney of Lake County, Illinois, charged Respondent with the offense of obstructing service of process, in that he knowingly obstructed the authorized service, being a court order and rule to
show cause, on Respondent by a Lake County sheriff’s deputy by providing the sheriff’s deputy a false name, in violation of 720 ILCS 5/31-3...

On May 9, 2012, as a result of a negotiated plea, the court...found Respondent guilty of attempt obstructing service of process, sentenced him to one year of court supervision and ordered him to pay court costs and a monitored court supervision fee of $50.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2012/08/the-illinois-administrator-has-filed-a-three-count-complaint-alleging-ethical-misconduct-by-an-attorney-counts-one-and-two.html

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