Thursday, October 27, 2016
The Illinois Administrator has filed a complaint alleging misconduct in two client matters.
The attorney's answer is linked here.
Count Two alleges harassment of a former client
On March 13, 2015, Rutkowski contacted Respondent to ask him to explain the basis for Respondent’s claimed $400 fee, which Rutkowski considered to be inconsistent with the contingent fee he believed he had agreed to pay. Over the next several days, Respondent sent Rutkowski a series of e-mail and text messages that: stated that Respondent had unilaterally raised the claimed fee, first to $500 and then to $600; threatened to sue Rutkowski to collect the claimed fee; insulted Rutkowsky’s manhood and choice of automobiles; and referred to Rutkowski as a "small penis asshole." [sic]
Respondent’s e-mail and text messages to Rutkowski never explained the basis for Respondent’s claimed fee, or the method of its calculation, other than to say that fee agreements were not required "in these matters and not between men. My mistake, there is only one man involved between us. I challenge you to a duel, you pick the time, place and manner."
Respondent’s messages to Rutkowski, which he sent while he considered himself to be proceeding pro se in a fee dispute with Rutkowski, had no substantial purpose other than to embarrass or burden Rutkowski.
Count Three alleges misconduct toward the bar prosecutors as evidenced by a series of communications to the line prosecutor and the Administrator
My dearest Scott Renfroe, this is attorney Don Franz, 6216090. I understand that we have pre-trial coming in August. Here are my terms for your surrender: "Nuts" You will apologize to me for wasting my time, end this or you will not make an example of me, I will make an example of you and your filthy ARDC organization, which is a criminal conspiracy to drive lawyers out of me [sic], out of business to try to fund the thousands of lawyers that can’t find jobs, you filthy, failure of a lawyer, who cannot get a job, that’s why you work for that God damn disgusting organization. This will not end (garbled), you cost me money, you cost me time, you cost me sleep, oh no. And Scottie boy, I’m gonna, this will not end pretty for you, for me, anyone, drop this now, you filthy coward, you are a coward, you only work for the ARDC because you’re a coward. Hey save this, play it for the rest of your ARDC cowards, up and down the line, I don’t care. I despise you. I despise you. Have a nice night...
By the way, this is a fact, not a threat. When I get cancer, you will be the first to know about it...
I shall never forget the kindness you and your filthy government comrades have shown me in these matters. "The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." Some lawyer that was not a member of the Illinois National Socialist Attorney Registration Discipline and Committee that hung with John Adams. Tell me Scott, is that or is it not, a "civil quote? How about this one "to the last I grapple with thee; from hell’s heart I stab at thee; for hate’s sake I spit my last breath at thee." Another private sector wacko free to continue in is [sic] trade without having to answer to you or your ilk.
No respect intended or implied, ever
Donald F. Franz, Attorney at Law (formally proud of that title until dealing with you)...
Hello Viper Mike, this in Donald Franz. I hope you had a Happy New Year, I will see you soon, you won’t see it, you’ll get it. Good bye, Donald Franz (phone number redacted), thinking of you always Viper Mike, good bye.
To the Administrator:
Jerry Larkin, my name is Don Franz, I’m the attorney you are trying to murder because of an installment note, so the day you suspend me, I’m going to stop taking my pills, I’m going to get my affairs in order, I am going to kill you. Have a nice day.
Back to prosecutor Renfroe
Scotty boy, your friend Don Franz. You might be familiar with my name, Scott Renfroe, I never signed a formal paycheck, and by the way, we have gone up in scale, so this is what I’m going to do. The day you suspend me, when I take my pills and get my affairs in order and I’m going to take care of you. I want to meet you for a nice discussion and how things are going. By the way, this is "Don Franz Unbound", there are two things at my life, because I (sic) no hair and anything, which restrict me from dealing with you, Mr. Larkin and the rest you fascist communist speech controlling assholes. By the way Scott, I play for keeps...
My dearest dearest Scott, with the world’s wimpiest handshake, so I’m kinda given to turn in to properly filed fee petition for $206,000, that’s okay, but Don Franz has a summon note for less than 10. Don Franz the criminal, I’m going to have so much fun with you and your fucking filthy, your filthy, filthy friends, you don’t know what’s coming. And by the way, a major control in my life is about to be released and it’s called "Don Franz Unbound." I have no fear of you, or you, or Mr. Larkin or the rest you scumbags. You have run roughshod to long, too far and your day is coming.
Another dose to Jerry Larkin
Mr. Larkin, Don Franz again, I watched your website and the fact you have no malpractice insurance but you don’t have to, the State provides everything, and it kinda, you never signed the front of a paycheck before, however, since your organization has decided to try to murder me, murder by means, suspending my license so I cannot trade my time for pills in your life. The day you suspend me, I’m going to attack you and Scott, whoever I can get my hands, and you guys started this, I’m going to finish it. I have never set over, a promissory note in, I’m trying to get paid, trying to get paid for my services, which are always reasonable. You filthy bastards started this fight, I’m going to finish it. And by the way, I had a certain change in my family situation; I have nothing, nothing, but my dog, to bind me to this planet. Other than your destruction. You are filthy, filthy bastards, you wouldn’t know a Court if it hit you in the ass. You despicable prick, your whole life at the ARDC, you fuckin’ Nazi fascist, you bastard, you started this fight, I’m going to finish it. Your noting but bullies, you attack solo practitioners, you think it’s cute, I’m going to destroy you, I hate you, I hate you so much, your fuckin’, your Hitler to me, your Hitler. Oh and by the way, servility, speech control. A lawyer I respect greatly, greatly admitted that to me. If it’s speech control today, what’s next Jerry, and your lifelong dream, by the way in the worst corrupt state, you fucker, you’re a fuckin’ dead man!
Jerry, Franz, final offer. You dismiss all charges against me, you apologize publically for suspending me, and you exempt all sole practitioners from CLE’s, and tend to your own fuckin’ job, that’s my final offer take it or leave it, and it’s not getting better...
Jerry, Don Franz again. I apologize. I typed in total pussy and your name came up. Golly. Any who, so you're telling me if you murder me, throw me in jail, filing charges, I don't care. My family is going to destroy you. Punching you like a fucking dog. You and Scott, the rest of you. You never, you started this fight for installment notes. You started this fight. No one fucks with a Franz, you started this fight, we are going to finish it and I'm not alone. By the way, I'm the biggest pussy in my family, when you fuck the rest of us, you are in for a real big war, I love the fact that all I do is, I typed in wimp, your name came up. You and Scott should date.
Dealing with this kind of behavior (and the inevitable frivolous lawsuits) is, sad to say, part of the life of a bar prosecutor.
We all have stories of the colorful threats and hatred coming from the objects of our attention if not affection. (Mike Frisch)