ATTORNEY REGULATION SUMMARIES SUPREME COURT OF ILLINOIS NOVEMBER TERM 2014

Transcription

1 ATTORNEY REGULATION SUMMARIES SUPREME COURT OF ILLINOIS NOVEMBER TERM 2014 IN RE RICHARD DUDLEY BORAH ATTORNEY NUMBER Post Office Box 193 Fairfield, Illinois File Information: M.R , 2013PR00047 Mr. Borah, who was licensed in 2002, was suspended for two years and until he makes certain restitution and until he completes the ARDC Professionalism Seminar. While serving as attorney and executor for the estate of his mother, he took for himself $145, in estate funds that were owed to his four siblings under the terms of their mother s will. Mr. Borah also filed a false accounting in which he claimed that he held $65,820 of estates funds in a trust account. The suspension is effective on December 4, IN RE JOHN CHARLES CLAVIO ATTORNEY NUMBER West Lincoln Highway Frankfort, Illinois File Information: M.R , 2014PR00061 Mr. Clavio, who was licensed in 1997, was suspended for sixty days. He drafted a will for a client. At the time the client signed the will, although other individuals were present, no witnesses signed the will attesting to their presence at its signing by the client. He later directed his employees to falsely attest that they had been present and had witnessed the client sign the will. He also notarized the testator and witnesses signatures, falsely stating that they signed the will on the same day, when in actuality they signed on different days. The client s will was later declared invalid, based in part on the misconduct. The suspension is effective on December 4, IN RE VIVIEN JO COCKBURN ATTORNEY NUMBER Spruce Drive, N.W. Washington, D.C File Information: M.R , 2014PR00090 Ms. Cockburn was licensed in Illinois in 1997, in Virginia in 1996 and in the District of Columbia in She was the subject of admonishments by the Supreme Court of Virginia and Page 1 of 8

2 the District of Columbia Court of Appeals. While working as a federal prosecutor in the District of Columbia, she failed to disclose to the defense that a witness who had appeared before the grand jury had provided testimony that was inconsistent with the trial testimony offered by the government s primary witness. After the accused was convicted, Ms. Cockburn s conduct became the subject of additional court proceedings, and the trial judge determined that her failure to disclose the witness grand jury testimony had been improper. The Supreme Court of Illinois imposed reciprocal discipline and censured her. IN RE AYLA NICOLE ELLISON ATTORNEY NUMBER West Buena, Apartment 309 Chicago, Illinois File Information: M.R , 2014PR00020 Ms. Ellison, who was licensed in 2012, was suspended for one year and until further order of the Court, with the suspension stayed after ninety days subject to a two-year period of conditional probation. Without authority, she improperly used her law firm employer s credit card and checking account information to pay personal expenses in an amount totaling $7, The suspension is effective on The suspension is effective on December 4, IN RE RICHARD CUYLER FOLK ATTORNEY NUMBER Washington Street Oregon, Illinois File Information: M.R.26991, 2013PR00130 Mr. Folk, who was licensed in 2007, was suspended for two years and until further order of the Court, with the suspension stayed after ninety days by a two-year period of conditional probation. While in California, he purchased 7.25 pounds of marijuana. During his return trip to Illinois, he was stopped by a police officer in Nevada, falsely denied that he had any controlled substances in his car, and refused to allow a search of his vehicle. He was later found guilty of misdemeanor possession of marijuana, was sentenced to time served for the 19 days he spent in jail, forfeited his automobile, and paid a $250 fine. IN RE ROBERT SCOTT FORBES ATTORNEY NUMBER State Street Alton, Illinois File Information: M.R , 2014PR00084 Mr. Forbes, who was licensed in 1980, was disbarred on consent. He forged the signature of a deceased client on six workers compensation benefits checks totaling $9, that the State had mistakenly sent to him for his client. He misappropriated the proceeds. Mr. Forbes was aware that his client had died when he obtained the checks. When the Attorney General s office sought to recover the funds, Mr. Forbes falsely claimed that the client s sister, who served as the Page 2 of 8

3 executor of the client s estate, had forged the signatures and received the proceeds. Mr. Forbes also repeated his false story to the Illinois Appellate Court and made material misrepresentations to the ARDC to impede the disciplinary investigation. IN RE MICHAEL SAMUEL FROMAN ATTORNEY NUMBER Lawler Avenue, Unit 322 Skokie, Illinois File Information: M.R , 2014PR00004 Mr. Froman, who was licensed in 1976, was disbarred on consent. He misappropriated approximately $90,000 in settlement funds belonging to three clients. IN RE WALTER THOMAS KEANE ATTORNEY NUMBER Union Park Center, Suite 420 Salt Lake City, Utah File Information: M.R , 2014PR00012 Mr. Keane was licensed in Illinois in 1999 and in Utah in The Supreme Court of Utah reprimanded him for neglecting a debt collection/foreclosure case and stipulating to an amount of damages against his clients without their authority. The Supreme Court of Illinois imposed reciprocal discipline and reprimanded him. IN RE JAMES J. KEMP, JR. ATTORNEY NUMBER Spring Road, Suite 500 Oak Brook, Illinois File Information: M.R , 2013PR00119 Mr. Kemp, who was licensed in 1972, was suspended for sixty days. While representing a client in various personal and corporate matters, he requested and accepted at least $137,000 in personal loans from the client and failed to timely repay the loans when they were due. The suspension is effective on December 4, IN RE LORI JO KIEFFER ATTORNEY NUMBER East Sixth Avenue Davenport, Iowa File Information: M.R , 2014PR00123 Ms. Kieffer was licensed in Illinois in 2001 and in Iowa in She was suspended for a minimum of six months by the Supreme Court of Iowa for failing to comply with deadlines imposed in criminal cases that she was handling in the Iowa appellate court, resulting in more than twenty notices of default and the imposition of monetary penalties against her. In a separate Page 3 of 8

4 matter, she failed to timely file an application for a client and falsely represented to her client and to the clerk of court that she had done so. The Illinois Supreme Court imposed reciprocal discipline and suspended her for six months and until she is reinstated in Iowa. The suspension is effective on December 4, IN RE JOHN EDGAR LONGWELL ATTORNEY NUMBER Northwood Drive Effingham, Illinois File Information: M.R , 2013PR00055 Mr. Longwell, who was licensed in 1985, was suspended for three years and until further order of the Court. He neglected four different bankruptcy cases, failed to adequately communicate with clients or to reply to their reasonable requests for information, failed to return unearned fees, dishonestly represented to clients that their bankruptcy petitions had been filed when, in fact, they had not, and caused unnecessary proceedings in the bankruptcy court cases. IN RE CORINDA LUCHETTA ATTORNEY NUMBER East Maple Street Lombard, Illinois File Information: M.R , 2014PR00115 Ms. Luchetta was licensed in Illinois in 1990 and in Florida in She was suspended by the Supreme Court of Florida for ninety-one days for failing to cooperate with a Florida Bar investigation. The Supreme Court of Illinois imposed reciprocal discipline and suspended her for ninety-one days and until she is reinstated in Florida. The suspension is effective on December 4, IN RE WARREN G. MCELWAIN ATTORNEY NUMBER Village Square Development 318 Emerald Drive Streamwood, Illinois File Information: M.R , 2013PR00100 Mr. McElwain, who was licensed in 1983, was suspended for thirty days. Without authority, he signed his wife s name to a home equity line of credit and then instructed his secretary to notarize the signature without witnessing or verifying it. The suspension is effective on December 4, IN RE JEFFREY KENNETH MCGINNESS ATTORNEY NUMBER East Court Street Iowa City, Iowa Page 4 of 8

5 File Information: M.R , 2014PR00095 Mr. McGinness was licensed in Illinois in 2001 and in Iowa in He was suspended for a minimum of six months by the Iowa Supreme Court for fabricating certificates of service in an attempt to create the impression that he had previously served opposing counsel with discovery requests. He also made false statements to the trial court after his conduct became the subject of a court hearing. The Illinois Supreme Court imposed reciprocal discipline and suspended him for six months and until he is reinstated in Iowa. The suspension is effective on December 4, IN RE MICHAEL NAPHTALI MILLER ATTORNEY NUMBER Martin Avenue Homewood, Illinois File Information: M.R , 2012PR00072 Mr. Miller, who was licensed in 1983, was suspended for five months. He collected an excessive fee from an elderly client and importuned the same client to give him a $50,000 loan. The suspension is effective on December 4, IN RE JOHN WALTER REED, JR. ATTORNEY NUMBER Irving Street San Francisco, California File Information: M.R , 2014PR00108 Mr. Reed was licensed in Illinois in 1996 and in California in The Supreme Court of California publicly reproved him and required him to comply with various conditions after concluding that he had practiced law in California after being placed on inactive status for failing to comply with minimum continuing legal education requirements. The Supreme Court of Illinois imposed reciprocal discipline, reprimanded him, and ordered him to complete the same conditions as were imposed in California. IN RE MONICA E. RIBBECK ATTORNEY NUMBER North Lake Shore Drive, Suite 102 Chicago, Illinois FILE INFORMATION: M.R , 2011PR00120 Ms. Ribbeck, who was licensed in Illinois in 1994, was censured. She filed a personal injury lawsuit in Chicago on behalf of a Turkish air crash victim despite the fact that her client had fired her a year earlier. IN RE BRIAN KEITH SIDES ATTORNEY NUMBER Post Office Box 691 Page 5 of 8

6 Urbana, Illinois File Information: M.R , 2011PR00144 Mr. Sides, who was licensed in 2002, was suspended for five months, with the suspension stayed after sixty days by a two-year period of conditional probation. He made false and reckless statements about the integrity of judges in his judicial circuit and about another attorney. The suspension is effective on December 4, IN RE JAMES A. SPIZZO ATTORNEY NUMBER East Randolph Street, Unit 5603 Chicago, Illinois File Information: M.R , 2014PR00038 Mr. Spizzo, who was licensed in 1979, was suspended for two years. He altered his law firm s bills to a corporate client by, among other things, increasing the hourly rates and amount of time originally recorded by attorneys who worked on the client s matters. The net effect of his actions was to increase by approximately $250,000 the amount charged to the client. The suspension is effective on December 4, IN RE CHARLES HARLEY STEGMEYER ATTORNEY NUMBER West Main Street, Suite 4 Belleville, Illinois File Information: M.R , 2013PR00128 Mr. Stegmeyer, who was licensed in 1966, was suspended for sixty days for failing to timely repay a post-settlement funding company and making false statements to that company s agents regarding whether he was holding the assigned funds in his trust account. The suspension is effective on December 4, IN RE ABIGAIL A. WILLIAMS ATTORNEY NUMBER K Street NW, Suite 300 Washington, D.C File Information: M.R , 2014PR00120 Ms. Williams was licensed in Illinois in 2000 and in the District of Columbia in The District of Columbia Court of Appeals suspended her for six months, with the suspension stayed after sixty days by a one-year period of conditional probation. She was appointed to represent an inmate in an appellate matter and thereafter ignored the client s multiple efforts to contact her over approximately fifteen months. She mailed a draft of the appellate brief to her client, but sent it to the wrong address. After she was removed from the case, she refused to turn over the draft brief and other file materials to successor counsel. The Illinois Supreme Court imposed reciprocal discipline and suspended her for by suspending her six months, with the suspension Page 6 of 8

7 stayed after sixty days by a one-year period of conditional probation. The suspension is effective on December 4, THE FOLLOWING ORDERS WERE ENTERED BY THE COURT PRIOR TO THE NOVEMBER 2014 TERM BUT NOT INCLUDED IN ANY PREVIOUS INFORMATION RELEASE IN RE DAVID ANDRE BERTHA ATTORNEY NUMBER Constance Avenue Chicago, Illinois File Information: M.R , 2012PR00098 (Order entered on November 6, 2014) Mr. Bertha, who was licensed in 2002, was suspended for one year and until further order of the Court for violating the terms of his disciplinary probation. In June, 2014, he was suspended for one year and until further order of the Court, with the suspension stayed after four months by an eight-month period of probation subject to conditions. Discipline was originally imposed because he converted $1,000 in earnest money that he was supposed to hold in relation to a real estate matter. IN RE SHARON E. WILLIAMS ATTORNEY NUMBER West Washington Street, Suite 618 Chicago, Illinois File Information: M.R , 2011PR00107 (Order entered on October 28, 2014) Ms. Williams, who was licensed in 1995, was suspended until further order of the Court for violating the terms of her disciplinary probation. In early 2014, she was suspended for four months, followed by a one-year term of probation with conditions designed to improve her office management practices and insure that she made restitution to her clients. Discipline was originally imposed because she charged her clients an excessive fee in an estate matter and provided them with an inaccurate accounting after she was discharged. THE FOLLOWING LAWYERS WERE TRANSFERRED TO PERMAMENT RETIREMENT STATUS: IN RE PER KAYS HANSON, ATTORNEY NUMBER , 2222 Chestnut Avenue, Glenview, Illinois File Information: M.R , 2014PR IN RE DAVID B. CARLSON, ATTORNEY NUMBER , 1630 Chicago Avenue, Evanston, Illinois File Information: M.R , 2014PR IN RE JAMES ROBERT CUNDIFF, ATTORNEY NUMBER , 1424 West Hood Avenue. File Information: M.R , 2014PR Page 7 of 8

8 FOR ADDITIONAL INFORMATION CONCERNING THESE DISCIPLINARY ORDERS CONTACT: JAMES J. GROGAN, ARDC, CHICAGO, OR Page 8 of 8