Wednesday, September 18, 2024

Nearly 24 Hours A Day

The Illinois Administrator has filed a complaint alleging billing misconduct by an attorney in court-appointed juvenile matters

In or about August 2021, the Circuit Court implemented new procedures for collecting data and reviewing fee petitions and corresponding court orders for payment to court-appointed attorneys in juvenile and criminal court cases. This allowed the Circuit Court’s Finance Staff to review approximately 346 fee petitions submitted by Respondent as well as the court orders providing for payment of fees and expenses to him.

During a 12-month period beginning on April 1, 2021, and continuing through March 31, 2022, Respondent filed fee petitions billing the Circuit Court for over 4,400 hours as a court-appointed attorney in the Circuit Court of Cook County.

Respondent billed an average of 84.63 hours per week during the twelve-month period from April 1, 2022, through March 31, 2022. During that time period, the Circuit Court’s finance staff’s review revealed that Respondent submitted certified fee petitions in which Respondent claimed that he had worked more than 20 hours on at least 17 dates.

Respondent claimed in his fee petitions that on December 6, 2021, he worked a total of 23.75 hours. Respondent billed for 10.25 hours as “in court” time. Of the 10.25 hours of “in court” time that Respondent billed for that day, four hours were billed for the presentation of fee petitions. Respondent also billed the Circuit Court for four hours for appearing in court, via Zoom, on two separate matters where he included in his description an entry entitled “awaiting other cases.”

Respondent claimed in his fee petitions that on December 14, 2021, he worked a total of 23.75 hours. Respondent billed for 10 hours as “in court” time. Of the 10 hours that Respondent billed, five hours was solely for the presentation of his fee petitions.

Respondent submitted certified fee petitions in which Respondent asserted that between April 1, 2021, and March 31, 2022, he worked between 15 and 20 hours on 113 dates.

For the days of Sunday, October 17, 2021, through Wednesday October 20, 2021, Respondent consecutively billed 20.25 hours, 20.25 hours, 17.00 hours, and 20.25 hours, for a total of 77.75 hours during a 96-hour period.

Between Sunday, November 14, 2021, and Friday, November 18, 2021, Respondent consecutively billed 19.00 hours, 15.50 hours, 19.75 hours, 16.00 hours, and 18.00 hours, for a total of 88.25 hours in a 120-hour period.

Between Tuesday, December 14, 2021, and Friday December 17, 2021, Respondent consecutively billed 23.75 hours, 18.00 hours, 15.75 hours, and 16.25 hours, for a total of 73.75 hours in a 96-hour period.

Between Sunday, January 30, 2022, and Friday, February 4, 2022, Respondent consecutively billed 23.25 hours, 14.25 hours, 15.00 hours, 19.50 hours, 17.00 hours, and 18.75 hours for a total of 107.75 hours in a 144-hour period.

During the 12-month period from April 1, 2021, to March 31, 2022, Respondent falsely represented his hours worked in the fee petitions described above. Respondent consistently over-stated his hours worked. Respondent did not perform over 4,400 hours of billable work in the 12-month time period from April 1, 2021, through March 31, 2022. Respondent knew that his fees petitions overstated the number of hours worked at the time he submitted them. When Respondent submitted to the Circuit Court fee petitions totaling over 4,400 hours he did so dishonestly.

(Mike Frisch)

https://lawprofessors.typepad.com/legal_profession/2024/09/nearly-24-hours-a-day.html

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