Thursday, January 3, 2013

South Of The Border

The Illinois Administrator has filed a two-count complaint alleging misconduct on the part of an attorney.

The first count alleges that the attorney converted funds in a wrongful death action. The complaint charges "conversion" and "breach of fiduciary duty" without reference to a disciplinary rule, in the manner recently criticized in two Review Board reports.

The charges here were filed on December 17, prior to the filing of the Review Board reports.

Count Two is somewhat unusual:

On or about June 23, 2012, Respondent crossed the border into Mexico in a car registered to a third party. Since June 23, 2012, Respondent has not communicated with his family members or office staff. Border authorities were requested by law enforcement to report any attempt by Respondent to return to the United States but as of the date the complaint was voted, have not reported any such attempt.

On or about June 23, 2012, Respondent abandoned his law practice. At no time prior to departing for Mexico did Respondent take any action to return files to his clients, to notify them of his departure, or to take reasonable steps to avoid any resultant prejudice to those clients. In addition, Respondent did not seek permission to withdraw from representation in those matters that were pending before various tribunals in which Respondent had filed his appearance.

(Mike Frisch)

http://lawprofessors.typepad.com/legal_profession/2013/01/the-illinois-administrator-has-filed-a-two-count-complaint-alleging-misconduct-on-the-part-of-an-attorney-the-first-count-a.html

Bar Discipline & Process | Permalink

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