Tuesday, January 30, 2018

Affirmative Defense?

An answer to a recently- filed complaint by the Illinois Administrator sets out an affirmative defense to allegations of misconduct toward two opposing counsel in that

in representing clients in employment discrimination matters, using means that have no substantial purpose other than to embarrass, delay, or burden a third person, by conduct including addressing opposing counsel Courtney Lindbert as "Cunt-ney" following a court proceeding during discussions related to the pending Wyman litigation, and sending Lindbert an email related to the parties' ongoing litigation addressing Lindbert as "Cuntney Lindbitch," in violation of Rule 4.4(a) of the Illinois Rules of Professional Conduct (2010); and

conduct that is prejudicial to the administration of justice by conduct including addressing opposing counsel Courtey Lindbert as "Cunt-ney" following a court proceeding during discussions related to the pending Wyman litigation, and sending Lindbert a harassing email to Lindbert's law firm email address related to the parties' ongoing litigation addressing Lindbert as "Cuntney Lindbitch," in violation of Rule 8.4(d) of the Illinois Rules of Professional Conduct (2010).

And

in representing a client in a domestic relations matter, using means that have no substantial purpose other than to embarrass, delay, or burden a third person, by conduct including calling opposing counsel Antoinette Granholm a "bitch" during discussions related to discovery in the pending Klocek litigation following a court proceeding, in violation of Rule 4.4(a) of the Illinois Rules of Professional Conduct (2010); and

conduct that is prejudicial to the administration of justice by conduct including calling opposing counsel Antoinette Granholm a "bitch" during discussions related to discovery in the pending Klocek litigation following a court proceeding, in violation of Rule 8.4(d) of the Illinois Rules of Professional Conduct (2010).

In "affirmative defense"

On September 15, 2016, following a hearing in the Wyman matter in the U.S. District Court (NDIL) in Judge Kennelly's courtroom, Complainant Courtney Lindbert engaged in conduct calculated to embarrass and burden Respondent in the course of pending litigation, to wit, Lindbert harassed and sought to intimidate Respondent, unprovoked, by shouting to Respondent in the hallway outside Judge Kennelly's courtroom: "I'm going to take your fucking license, you're a piece of shit."

On December 2, 2016, Courtney Lindbert falsely accused the Respondent of filing a pleading late and without leave of court, when Respondent had filed the pleading on time, in the Knapp case. See Dkt. 130 and 132, Knapp v. Evgeros, No. 15-CV-754 (NDIL).

Lindbert perjured herself in written statements to the NDIL Executive Committee and the ARDC regarding this matter.

At the time of the alleged events in Count II, Complainant Antoinette Granholm engaged in insulting bad faith negotiations in the Klocek divorce matter with Respondent, intentionally provoking Respondent.

The accused attorney filed the answer pro se. (Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2018/01/an-answer-to-a-recently-filed-complaint-by-the-illinois-administrator-sets-out-an-affirmative-defense-on-september-15-2016.html

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