      |
|
|
          
|
NEW FILINGS,
HEARING SCHEDULES AND CLERK'S OFFICE Recent Disciplinary Decisions from Supreme Court | Recently Filed Complaints and Reports | Announcements | Schedule of Hearings | Clerk’s Office Services ANNOUNCEMENT OF DISCIPLINARY DECISIONS Thursday November 18, 2004 10:00 A.M. LAWYER DISCIPLINARY ORDERS The Supreme Court of Illinois on Wednesday November 17, 2004, announced the filing of disciplinary orders involving a number of licensed lawyers. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law. Discipline ranged from reprimand to disbarment. The name of each disciplined lawyer, the address at which the lawyer last practiced, and a brief summary of the misconduct that led to the sanction, is attached. The announcement of the orders may be reviewed at the Supreme Court of Illinois website: www.state.il.us/court. The Attorney Registration and Disciplinary Commission (ARDC), an Illinois Supreme Court agency, investigates alleged wrongdoing by Illinois attorneys, holds hearings on specific charges, and recommends discipline where warranted. The Supreme Court is, however, the only authority that can discipline lawyers for misconduct. The Supreme Court generally announces lawyer sanction orders during each formal term of Court. The Court convenes in term every January, March, May, September and November. There are approximately 80,000 attorneys in Illinois. A yearly fee of $229 is imposed on Illinois lawyers and helps to fund the ARDC. There are no tax dollars used to support the disciplinary system. The ARDC is composed of seven members, three of whom are non-lawyers. Attorney Benedict Schwarz II is the Commission Chairman. The ARDC Administrator is Mary Robinson. For additional information concerning these disciplinary orders contact: James J. Grogan, Attorney Registration and Disciplinary Commission, Chicago. 312-565-2600 or 1-800-826-8625 In re THOMAS WILLIAM BYRNES, Attorney Number 61972651065 Kane Street South Elgin, Illinois 60177-1450 File Information: M.R. 19734, 03 CH 40 Mr. Byrnes, who was licensed in 1987, was suspended for one year and until further order of the Court with all but the first 60 days stayed by a two-year period of probation. The suspension is effective on December 8, 2004. He neglected client matters, failed to refund an unearned fee, mishandled client funds, and failed to handle a client matter competently. In re AMIEL
STEPHEN CUETO, Attorney Number 3126600 File Information: M.R. 19679, 97 SH 100 Mr. Cueto, who was licensed in 1980, was disbarred, effective immediately. He obstructed a federal undercover investigation of an illegal gambling and racketeering enterprise in southern Illinois operated by Mr. Cueto’s business partner and law firm client, Thomas Venezia. The income generated by the illegal gambling operation was used to fund certain business ventures pursued by Mr. Cueto and the client. In 1997, Mr. Cueto was convicted of one count of conspiracy to defraud the United States and three counts of obstruction of justice. He was sentenced to an 87-month prison term. He has been suspended on an interim basis since August 19, 1998. In re WILLIAM EUGENE ELSTON, JR.,
Attorney Number 737127 Chicago, Illinois 60615-4557 File Information: M.R. 19736, 04 CH 34 Mr. Elston, who was licensed in 1959, was disbarred on consent. He engaged in bankruptcy fraud by filing a bankruptcy petition using a knowingly false social security number and engaged in income tax fraud by knowingly filing federal income tax returns for the years 1992 through 1997 which understated his gross income from his law practice. He was previously suspended in 2000 for unrelated misconduct. In re PETER JOHN FARACI, Attorney
Number 6204178 Chicago, Illinois 60601-1220 File Information: M.R. 19750, 04 CH 36 Mr. Faraci, who was licensed in 1990, was suspended for three months. The suspension is effective on December 8, 2004. He neglected three criminal appeals while he was an associate at a law firm. In re ERIC
PHILLIP FERLEGER, Attorney Number 795291 File Information: M.R. 19711, 03 CH 4 Mr. Ferleger, who was licensed in 1977, was suspended for nine months with all but the first 60 days stayed by a two-year period of probation. The suspension is effective on December 8, 2004. He personally served a defendant in a lawsuit and them refused to leave the defendant’s home when asked to do so. He was subsequently involved with that defendant in an altercation outside a courtroom. He also falsely testified in court that he was licensed in Michigan and Wisconsin, represented a plaintiff in a lawsuit against another client without obtaining consent, and possessed marijuana and drug paraphernalia. In re JAMES
EDWARD FLURI,
Attorney Number 6195350 File information: M.R. 19671, 04 CH 1 Mr. Fluri, who was licensed in 1987, was censured. He neglected a faulty construction claim and attempted to conceal the neglect from his client by creating and paying a non-existent settlement. In re PAUL M. GOLDMAN, Attorney Number
6185554 Oak Park, Illinois 60302-2648 File information: M.R. 19720, 03 CH 67 Mr. Goldman, who was licensed in 1983, disbarred. He neglected a divorce matter for one client and failed to file an application for non-profit, tax-exempt status for another client. He misrepresented the status of the matters to both clients. Mr. Goldman had been previously suspended for similar misconduct. In re ELMER C. W.
HANEBERG III,
Attorney Number 3122367 File information: M.R. 19673, 00 CH 22 Mr. Haneberg, who was licensed in 1978, was disbarred. He prepared living trusts for two elderly clients who suffered from disabling physical and mental conditions, became their trustee, and misappropriated $300,000 from one client and $700,000 from the other client. He has been suspended on an interim basis since July 26, 2002. In re GERARD
CHARLES HELDRICH Jr., Attorney Number 1179322 File information: M.R. 19630, 02 CH 26 Mr. Heldrich, who was licensed in 1961, was suspended for nine months and until he completes the ethics course offered by the Illinois Institute of Professional Responsibility. The suspension is effective on December 8, 2004. While representing a longstanding client in the preparation of a prenuptial agreement, he communicated directly with the client’s fiancée, without the knowledge or consent of the fiancée’s lawyer, and convinced the fiancée to allow him to draft the agreement on behalf of both parties on terms that favored the husband and that were not consistent with the fiancée’s previously expressed wishes. He then represented the husband in divorce proceedings against the wife, also his former client, where the wife challenged the validity of the prenuptial agreement and where he knew or should have known that he would be called as a witness on behalf of the husband. In re RICHARD Q.
HOLLOWAY, Attorney Number 6225184 File Information: M.R. 19699, 04 CH 4 Mr. Holloway, who was licensed in 1994, was suspended for eighteen months with the suspension stayed after five months by a period of probation with conditions, provided that he makes certain restitution. The suspension is effective on December 8, 2004. He neglected six client matters and failed to communicate with his clients. In re
JIMMIE L. JONES, Attorney Number
6198837 File information: M.R. 19698, 03 CH 87 Mr. Jones, who was licensed in 1988, was disbarred. He neglected client matters, misappropriated $56,202.01 from an estate, converted another $11,000 in other client funds, engaged in the unauthorized practice of law, and failed to cooperate with the disciplinary investigation. He was suspended for 30 days in January 2004 for unrelated misconduct. In re JOHN
FREDERIC KUENSTLER, Attorney Number 6216396 File information: M.R. 19672, 04 CH 14 Mr. Kuenstler, who was licensed in 1993, was censured. While representing a corporate client in an employment discrimination case, he directed an associate to notice a deposition of a witness, and when he later learned that the witness had filed his own discrimination case against the same corporation and was represented by an attorney in that case, he failed to notify the witness’ attorney of the scheduled deposition and took the deposition without the knowledge or consent of the witness’ attorney. Thereafter, in opposing a motion for sanctions based upon that conduct, he raised arguments unsupported by case law or other authority. In re ROBERT ALDEN LARSEN, Attorney
Number 6192877 Elburn, Illinois 60119-0870 File information: M.R. 19660, 03 CH 83 Mr. Larsen, who was licensed in 1986, was suspended for two years and until further order of the Court. He misappropriated approximately $4,000 in client funds, neglected two client matters and failed to cooperate with the disciplinary authority. In re EDWARD
TIMOTHY McAULIFFE, Attorney Number 1808230 File Information: M.R. 19701, 03 CH 65 Mr. McAuliffe, who was licensed in 1976, was disbarred. He neglected client matters, failed to turn client files over to successor counsel, failed to communicate with clients and made misrepresentations to multiple clients regarding the status of their matters. He was previously suspended for unrelated misconduct in 2001. In re DANIEL
MARTIN MOULTON, Attorney Number 6200617 File information: M.R. 19700, 03 CH 132 Mr. Moulton, who was licensed in 1989, was suspended for thirty days. The suspension is effective on December 8, 2004. He represented two partners but failed to disclose to them the risks of the common representation. Later, he failed to protect one of the client’s property interests as the business relationship disintegrated, improperly notarized that partner's purported signature on a deed, and made a false statement during the course of the disciplinary investigation. In re PATIENCE
ROBINSON NELSON, Attorney Number 6250987 File Information: M.R. 19657, 02 CH 12 Ms. Nelson, who was licensed in 1998, was suspended for ninety days. The suspension is effective on December 8, 2004. While employed as an attorney for the Chicago Transit Authority, she removed confidential personnel documents from her employer’s office without consent and attempted to use them for her own benefit in litigation against the Chicago Transit Authority. In re LOUIS ELDON
OLIVERO, Attorney Number 2103117 File information: M.R. 19681, 01 SH 59 Mr. Olivero, who was licensed in 1960, was suspended for thirty days and until he makes certain restitution. The suspension is effective on December 8, 2004. He failed to make a prompt refund of unearned costs or to render a full accounting of the use of funds advanced for costs by a client. In re MICHAEL
PATRICK O’SHEA Jr., Attorney Number 2122197 File information: M.R.19680, 02 SH 64 Mr. O’Shea, who was licensed in 1976, was suspended for five months. The suspension is effective on December 8, 2004. He engaged in a conflict of interest when he represented a husband in a dissolution of marriage and an order of protection matter, after he had represented the couple in the past and where the wife had consulted with him about a divorce. In responding to an inquiry about the conflict, he used insulting and abusive language to make personal attacks against the attorney who had complained about his conflict of interests. In re MARC A.
QUINLIVAN, Attorney Number 6201831 File Information: M.R. 19653, 01 CH 10 Mr. Quinlivan, who was licensed in 1989, was disbarred. He participated in a scheme to defraud a securities brokerage company that was a client of his firm by submitting fraudulent billing invoices. He also made false statements under oath to the ARDC, and was convicted of federal income tax evasion. In re BEAU
CHRISTOPHER SEFTON, Attorney Number 6270590 File information: M.R. 19672, 04 CH 15 Mr. Sefton, who was licensed in 1999, was censured. While representing a corporate client in an employment discrimination case, he noticed a deposition of a witness and later learned that the witness had filed his own discrimination case against the same corporation and was represented by an attorney in that case. A partner who was also working on the case failed to notify the witness’ attorney of the scheduled deposition, and proceeded to take the deposition without the knowledge or consent of the witness’ attorney, asking questions drafted by Mr. Sefton which inquired about the witness’ own claim. Thereafter, in opposing a motion for sanctions based upon that conduct, Mr. Sefton raised arguments unsupported by case law or other authority. In re TODD WARREN
SYVERSON,
Attorney Number 6207844 File information: M.R. 19718, 03 CH 120 Mr. Syverson, who was licensed in 1991, was disbarred. He neglected several matters, misrepresented to his employer that he was not the subject of a malpractice claim, and failed to cooperate with the disciplinary investigation or appear for the hearing in this case. In re WARREN JOHN
WEST, Attorney Number 6228375 File information: M.R. 19735, 04 RC 1510 Mr. West was licensed in Illinois in 1968 and in Oregon in 1973. The Oregon Supreme Court reprimanded him for engaging in a conflict of interest by continuing to represent a client after he committed possible malpractice in her case without obtaining her consent after disclosure of her potential claim against him. The Illinois Supreme Court imposed reciprocal discipline and reprimanded him. In re BENJAMIN E.
WILLIAMS JR.,
Attorney Number 6192682 File information: M.R. 19751, 04 RC 1511 Mr. Williams was licensed in Missouri in 1985 and in Illinois in 1986. The Supreme Court of Missouri suspended him for three years for using client and third party trust funds to pay personal expenses. The Illinois Supreme Court imposed reciprocal discipline and suspended him for three years and until he is reinstated in Missouri. The suspension is effective on December 8, 2004. In re JOHN N. ZDON, Attorney Number 31043462533 West Peterson Avenue Chicago, Illinois 60659-4019 File information: M.R. 19710, 03 CH 96 Mr. Zdon, who was licensed in 1974, was disbarred. He neglected four client matters, failed to communicate with clients, did not refund unearned fees, abandoned his law practice and failed to cooperate with the disciplinary investigation or appear for the hearing in this case. In re MITCHELL
WAYNE ZIVIN,
Attorney Number 6190744 File information: M.R. 19613, 03 CH 50 Mr. Zivin, who was licensed in 1985, was disbarred. He misappropriated client funds, entered into an improper business transaction with a client, abandoned his law practice, and failed to participate in the disciplinary proceeding. THE FOLLOWING DISCIPLINARY ORDERS WERE ENTERED BY THE COURT BEFORE THE NOVEMBER TERM BUT WERE NOT INCLUDED IN ANY PREVIOUS INFORMATION RELEASE. In re GLEN EDWARD
DRESHER, Attorney Number 6218873 File information: M.R. 19683, 04 CH 77 Order entered on October 27, 2004. Mr. Dresher, who was licensed in 1970, was suspended on an interim basis and until further order of the Court. He was found guilty of two Class X felonies: attempt first degree murder and aggravated domestic battery of his ex-wife. He was sentenced to a ten-year prison term in the custody of the Illinois Department of Corrections. In re MICHAEL R.
FELDMAN, Attorney Number 3125053 File information: M.R. 19684, 03 CH 23 Order entered on November 5, 2004 Mr. Feldman, who was licensed in 1979, was suspended on an interim basis and until further order of the Court. He wrote letters to members of the judiciary in which he falsely impugned their integrity and qualifications to serve in office. In re STUART
KNIGHT HOLCOMB, III, Attorney Number 6237317 File Information: M.R. 19443, 03 CH 75 Order entered October 12, 2004, effective November 2, 2004 Mr. Holcomb, who was licensed in 1996, was suspended for two years and until further order of the Court with the suspension stayed after one year by a one-year period of probation. He misappropriated $5,250 from his former law firm, neglected two divorce cases, and made misrepresentations to clients to conceal his neglect. In re CRAIG
JUSTIN KATZ,
Attorney Number 6180929 File Information: M.R. 18750, 00 CH 63 Order entered on October 18, 2004 Mr. Katz, who was licensed in 1981, was suspended until he complies with Supreme Court Rule 764 and until further order of the Court. In 2003, he was suspended for two years, with the second year stayed by probation subject to certain conditions, including payment of $16,080 restitution. Discipline was imposed because he had failed to safeguard client funds in four different matters, did not promptly deliver funds to the clients in three of those matters, and converted client funds. After he was suspended, he failed to file with the Clerk of the Supreme Court a required affidavit of compliance and a list of his clients. |