Wednesday, October 19, 2016
The Illinois Administrator has filed a complaint alleging misconduct in an attorney's office leasing and subtenant interactions
From January 2015 to January 21, 2016, Respondent leased office space for his law practice, the Law Offices of Scott T. Kamin, at 55 East Jackson Boulevard in Chicago. As part of his lease, Respondent agreed to make rent payments for the office space, Suite 1050, in the range of $5,523 to $5,800 on a monthly basis to the landlord, 55 East Jackson, LLC ("the landlord"). The rent payment also included a payment for electricity and real estate taxes, which, on average, was $250 per month.
From January 1, 2015 through January 21, 2016, Respondent subleased the offices in Suite 1050 to at least three attorneys, including Carla Buterman ("Buterman"), Jason Epstein ("Epstein") and Erik Rakoczy ("Rakoczy") (collectively "the subtenants"), pursuant to written agreements with each subtenant.
From May 1, 2015 through January 2016, Respondent received individual monthly rent payments from the subtenants, which they paid to Respondent by cash and check.
During that same period, Respondent made only two monthly rent payments for the months of August and September 2015, to the landlord.
The non-payment resulted in a suit for possession in which the attorney is alleged to have accepted service on behalf of his subtenants without authority.
On January 21, 2016, the court entered an order allowing the landlord to recover possession of Suite 1050 from Respondent, Brigham, Epstein, Rakoczy and Buterman. Judge Steffen also entered on that date a judgment against Respondent and his law firm for $43,468.48, which included $434 in filing fees, approximately $40,000 in past-due rent and $3,000 for Glass’ attorney’s fees.
The allegations is that he engaged in
conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including, stating to deputy Lampkin that he was authorized to accept service on behalf of Brigham, Buterman, Epstein and Rakoczy when he knew he was not so authorized, not informing the court that he had no authority to accept service or appear in court on behalf of Brigham, Buterman, Epstein or Rakoczy and concealing the eviction lawsuit from the other defendants, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).