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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 Wednesday, September 28, 2005 10:00 A.M. LAWYER DISCIPLINARY ORDERS INFORMATION RELEASE The Supreme Court of Illinois on Monday, September 26, 2005 and Tuesday, September 27, 2005, 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. 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 over 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 JOHN WALTER ACKERMAN, Attorney
Number 8591 Waterloo, Iowa 50701-5497 File information: MR 20386, 05 CH 55 Mr. Ackerman, who was licensed in 1971, was disbarred on consent. He falsely represented to Iowa jail officials that he was an attorney for a woman detained on criminal charges. When he met her at a corrections facility, he offered her a fee discount for defending her in exchange for sex. He was later found guilty of prostitution and assault based on his advances to the female prisoner. He failed to notify the ARDC of his conviction. In re ALBERT
JAMES ARMONDA, Attorney Number 66451 File information: M.R. 20283, 05 RC 1508 Mr. Armonda was licensed in Illinois in 1962 and admitted in Wisconsin in 1996. He was suspended by the Supreme Court of Wisconsin for six months and until reinstated by the Court. He engaged in the unauthorized practice of law, failed to cooperate in a disciplinary investigation, charged an unreasonable fee in one case, and failed to provide competent representation in another. The Illinois Supreme Court imposed reciprocal discipline and suspended him for six months and until he is reinstated in Wisconsin. In re ROBERT
ISHAM AULER, Attorney Number 82074 File information: M.R. 20207, 02 SH 102 Mr. Auler, who was licensed in 1966, was suspended for five months and twenty-five days. Before the end of the suspension, he must make certain restitution. He failed promptly to return unearned fees to six different clients and neglected two client matters. The suspension is effective on October 17, 2005. In re STEVEN
EDWARD BARLEBEN, Attorney Number 6196938 File information: M.R. 20316, 04 CH 31 Mr. Barleben, who was licensed in 1987, was suspended for ninety days and ordered to complete the professionalism seminar of the Illinois Professional Responsibility Institute. He charged an excessive fee to his clients in a probate matter and engaged in a conflict of interests when he acquired a proprietary interest in related litigation. The suspension is effective on October 18, 2005. In re HARVEY BERT BASS, Attorney Number 1314661250 Antietam Drive Long Grove, Illinois 60047 File information: M.R. 20344, 05 CH 22 and 02 CH 1 Mr. Bass, who was licensed in 1964, was disbarred on consent. He was convicted of theft of one client’s funds, misappropriated additional client funds and neglected several client matters. He was suspended on an interim basis on July 18, 2005. In re JACK
RAYMOND BEAUPRE, Attorney Number 146080 File information: M.R. 20233, 03 SH 32 Mr. Beaupre, who was licensed in 1967, was suspended for ninety days for overreaching an attorney-client relationship and preparing a will for a client that left him a substantial gift. The suspension is effective on October 17, 2005. In re MATTHEW
JOHN BELCHER, Attorney Number 6217522 File Information: M.R. 20355, 04 CH 85 Mr. Belcher, who was licensed in 1993, was censured and ordered to complete the professionalism seminar of the Illinois Professional Responsibility Institute. He endorsed another attorney’s name on a settlement check without her authority and failed to provide a written settlement statement to a client upon conclusion of a contingent fee matter. In re RALPH
MORTON BERNSTEIN, Attorney Number 195928 File information: M.R. 20337, 04 CH 54 (Order Entered on September 23, 2005) Mr. Bernstein, who was licensed in 1956, was suspended on an interim basis and until further order of the Court. A hearing panel has found that he misappropriated escrow funds while representing clients in a probate matter. In re CAROL LORRAINE CAGLE, Attorney Number 6190813 1720 Main Street, Suite 1 Alton, Illinois 62002-4709 File information: M.R. 20140, 03 SH 14 Ms. Cagle, who was licensed in 1985, was suspended for nine months. She failed to disclose relevant information about her client to a bankruptcy court, neglected two other client matters and misrepresented the status of the neglected matters to her clients. The suspension is effective on October 17, 2005. I n re PETER REYNOLDS COLADARCI, Attorney Number 618302430 North LaSalle Street, Suite 3400 Chicago, Illinois 60602-3337 File information: M.R. 20228, 01 CH 20 Mr. Coladarci, who was licensed in 1982, was suspended for three months. He participated in a scheme that violated state election law when he disguised contributions to a judicial campaign fund. He received $7,500 from attorney Thomas Fazioli, in exchange for which he provided his own $5,000 check to the campaign fund. Mr. Coladarci later advised the campaign fund that his check, along with a $5,000 check from attorney James Pancratz, were actually contributions from Mr. Fazioli "because he (Mr. Fazioli) was running for or wanted to be a judge." Mr. Fazioli was at that time a candidate for an associate judgeship. The Court previously disciplined Mr. Fazioli and Mr. Pancratz. The suspension is effective on October 17, 2005. In re HAROLD
THOMAS DAVIS, Attorney Number 589535 File information: M.R. 20296, 04 CH 11 Mr. Davis, who was licensed in 1978, was suspended for thirty days and until $750 in restitution is paid to one of his clients. He neglected three client matters, accepted fees for work he never performed and failed to communicate with his clients. The suspension is effective on October 17, 2005. In re THEODORE
ROSS DIAZ, Attorney Number 6181960 File information: M.R. 20294, 04 SH 128 Mr. Diaz, who was licensed in 1982, was censured. He neglected two cases and made misrepresentations to clients about the status of their matters. In re JOSEPH
ALFRED DI CAPRIO, Attorney Number 6204793 File information: M.R. 20152, 02 CH 8 Mr. DiCaprio, who was licensed in Illinois in 1990, was suspended for twelve months. He engaged in a conflict of interest when he prepared promissory notes and a trust that benefited one client over another. He also made false statements in pleadings filed with the circuit court in an unrelated matter. The suspension is effective on October 17, 2005. In re KENNETH
DALE DOBSON, Attorney Number 6224804 File information: M.R. 20320, 04 SH 134 Mr. Dobson, who was licensed in 1994, was disbarred on consent. He misappropriated funds, engaged in conduct involving forgery, prepared fictitious court orders, neglected client matters and made misrepresentations to numerous clients about the status of their cases. In re ROBERT
SHELDON FRITZSHALL, Attorney Number 889245 File Information: M.R. 20187, 02 CH 89 Mr. Fritzshall, who was licensed in 1954, was suspended for six months, with the suspension stayed after one month by probation subject to conditions. He mismanaged client funds, failed to pay medical lienholders in a timely manner, and misrepresented his authority to settle a matter to an administrative law judge. The suspension is effective on October 17, 2005. In re GARY L.
GEARHART, Attorney Number 927864 File Information: M.R. 20221, 00 SH 82 Mr. Gearhart, who was licensed in 1972, was censured. He engaged in a conflict of interest when he filed a petition on behalf of a client to be appointed guardian for an elderly woman, alleging that the elderly woman was not competent. A month later, he filed a pleading on behalf of the elderly woman to resist a relative’s effort to be appointed guardian, asserting that the elderly woman was competent. In re DOREEN ANN GRAHAM, Attorney
Number 6195090 St. Louis, Missouri 63104-2941 File Information: M. R. 20244, 04 SH 118 Ms. Graham, who was licensed in 1987, was censured. While employed at a law firm, she represented a hospital for several years in the defense of medical negligence actions. Three months after leaving that firm, she engaged in a conflict of interest when she entered her appearance as counsel for the plaintiff in a medical negligence action against the hospital. In re JOSEPH BRIAN HITTINGER, Attorney
Number 6204291 Valparaiso, Indiana 46384-2357 File information: M.R. 20212, 05 RC 1505 Mr. Hittinger was licensed in Illinois in 1990 and in Indiana in 1992. He was reprimanded in Indiana after he had unauthorized contact with a client’s co-defendant, who was represented by counsel. The Illinois Supreme Court imposed reciprocal discipline and reprimanded him. In re TOM
O'CONNELL HOLSTEIN, Attorney Number 1251716 File Information: M.R. 20234, 03 CH 5 Mr. Holstein, who was licensed to practice law in 1972, was suspended for 18 months. He converted $10,941 in two bankruptcy cases, failed to refund unearned fees in bankruptcy matters, and failed to cooperate with the disciplinary investigation. The suspension is effective on October 17, 2005. In re PHILIP JAMES KNAFF, Attorney Number 6224336605 Burr Ridge Club Drive Burr Ridge, Illinois 60527 File information: M.R. 20331, 05 CH 13 Mr. Knaff, who was licensed in 1994, was suspended for 18 months and until further order of the Court based on a two-count state felony conviction for possession of controlled substances. In re FRANK PETE KOSTOUROS, Chicago, Illinois 60604-4418 File information: M.R. 20215, 04 CH 140 Mr. Kostouros, who was licensed in 1995, was censured. He entered into a settlement agreement with a client that included a limitation on the client’s right to complain about Mr. Kostouros to the disciplinary authority. In re MARK
NICHOLAS LEE, Attorney Number 6204919 File Information: M.R. 20268, 04 SH 51 Mr. Lee, who was licensed in 1990, was suspended for ninety days and until further order of the Court, with the suspension stayed in its entirety by a two-year period of probation subject to conditions. He neglected a workers’ compensation case and thereafter sent the workers’ compensation arbitrator a pleading that contained false statements. In re HERBERT
MAYNARD LEVIN, Attorney Number 1631853 File Information: M.R. 20236, 04 CH 133 Mr. Levin, who was licensed to practice law in Illinois in 1963, was disbarred. He misappropriated more than $240,000 in client funds over a four-year period. He also made misrepresentations to client about the status of their funds. In re EDWARD
JAMES MAHON, Attorney Number 1733583 File information: M.R. 20379, 05 CH 8 Mr. Mahon, who was licensed in 1978, was suspended for one year and until further order of the Court, with the entire suspension stayed pending completion of a two-year period of probation with conditions necessary to monitor continuing treatment. He was convicted in state court of misdemeanor telephone harassment and disorderly conduct, which took place during a period when a medical condition was uncontrolled. In addition, he failed to report his conviction to the ARDC. In re JOHN HENRY MOORE, IV, Attorney
Number 6279296 Chicago, Illinois 60604-3024 File Information: M.R. 20214, 04 CH 101 Mr. Moore, who was licensed in 2003, was suspended for two years and until further order of the Court. Before his admission to the bar, he held himself out as a lawyer, represented clients in transactions and litigation, and took steps to mislead others about the status of his law license. He also made false statements in connection with his application for admission to the bar. The suspension is effective on October 17, 2005. In re PATRICK
BOOTH MORAN, Attorney Number 6274099 File information: M.R. 20242, 03 CH 9 Mr. Moran, who was licensed in 2001, was suspended for thirty days and ordered to complete the professionalism seminar of the Illinois Professional Responsibility Institute. He failed to act with reasonable diligence and promptness when representing a client and engaged in misrepresentation by fabricating a complaint and a default order regarding the neglected matter. The suspension is effective on October 17, 2005. In re KEVIN
EUGENE PERRY, Attorney Number 6186739 File information: M.R. 20249, 05 RC 1507 Mr. Perry was licensed in Illinois in 1984 and admitted in Texas in 1989. He resigned from the Texas State Bar while disciplinary charges were pending against him there. He neglected several cases, failed to keep clients informed about the status of their cases, failed to refund unearned advance fees and did not cooperate with the disciplinary investigation. He was previously disciplined twice by the Supreme Court of Texas. The Illinois Supreme Court imposed reciprocal discipline and suspended him until he is reinstated in Texas. The suspension is effective on October 17, 2005. In re PATRICK
JOSEPH RALEIGH, Attorney Number 6200155 File Information: M.R. 20227, 03 CH 12 Mr. Raleigh, who was licensed in 1989, was suspended for one year and until he makes certain restitution, completes an ethics course, and provides proof that he has established a client trust fund account. He commingled funds, neglected client matters, failed to return unearned fees, made a false statement to impede the disciplinary investigation, collected an unreasonable fee, engaged in the unauthorized practice of law, and made a false statement before a tribunal. The suspension is effective on October 17, 2005. In re TAMI J.
REDING-BRUBAKER, File Information: M.R. 20295, 03 CH 130 Ms. Reding-Brubaker, who was licensed in 1983, was censured. She failed to inform two judges, who were each presiding over different cases involving the same property, about material facts occurring in the parallel litigation.
In re COLIN BRIAN
RELPHORDE, Attorney Number 6193154 File information: M.R. 20358, 02 CH 30 Mr. Relphorde, who was licensed in 1986, was suspended for three years and until further order of the Court. He continued to practice law after his license had been suspended for professional misconduct. The suspension was made effective as of January 31, 2005, the date of his interim suspension. In re JOHN
ROBEZNIEKS, Attorney Number 6188681 File Information: M.R.20353, 04 CH 66 Mr. Robeznieks, who was licensed in 1984, was suspended for two years. He distributed real estate escrow funds to his client without the consent of the other party to the transaction. He then failed to render an accounting to the other party and made false statements to impede the disciplinary investigation. He also took a $60,000 loan from a client without making proper disclosures. The suspension is effective on October 18, 2005. In re DAVID JACK ROSENFELD, Attorney
Number 6203166 Chicago, Illinois 60602-1086 File information: M.R. 20209, 04 CH 70 Mr. Rosenfield, who was licensed in 1990, was suspended for thirty days and until he makes certain restitution, with the suspension stayed in its entirety pending completion of a one-year period of probation with conditions. He neglected two civil matters and failed to return unearned fees in one of those matters. In re MANTON LAWRENCE SELBY, Attorney
Number 2546299 File information: M.R. 20299, 05 RC 1509 Mr. Selby was licensed in Illinois in 1968 and admitted in California in 1969. He was suspended in California for two years, with the suspension stayed after thirty days by a two-year period of probation. He provided incompetent representation, failed to refund unearned fees to one client, and effectively withdrew from representation without informing another client. The Illinois Supreme Court imposed reciprocal discipline and suspended him for two years, with the suspension stayed after thirty days by a two-year period of probation. The suspension is effective on October 18, 2005. In re WILLIAM ELLIS SISLER, Attorney
Number 2623536 Freeport, Illinois 61032-0158 File Information: M.R. 20210, 04 CH 124 Mr. Sisler, who was licensed in 1968, was censured. He was convicted in federal court of failing to file federal income tax returns for the years 1997-1999. In re ANDREW BARRY SPIEGEL, Attorney Number 268897215 Spinning Wheel Road, Suite 126 Hinsdale, Illinois 60521-2983 File information: M.R. 20298, 04 CH 130 Mr. Spiegel, who was licensed in 1975, was censured. He neglected a civil litigation matter and made misrepresentations to impede the disciplinary investigation. In re DAVID
THOMAS TANNER, Attorney Number 6238219 File Information: M.R. 20220, 05 SH 1 Mr. Tanner, who was licensed in 1996, was disbarred on consent. He converted the proceeds of four checks that should have gone to the Decatur law firm that employed him. In re ROBERT C.
THOMAS, Attorney Number 2820544 File information: M.R. 20289, 00 CH 18 Mr. Thomas, who was licensed in 1969, was suspended for eighteen months. He was convicted on several occasions of driving under the influence and driving with a revoked license. He failed to report the convictions to the ARDC. He also neglected a client’s case. The suspension is effective on October 17, 2005. In re BARBARA ANN
TRANSKI, Attorney Number 6226256 Michigan City, Indiana 46360-3532 File information: M.R. 20248, 05 RC 1506 Ms. Transki was licensed in both Illinois and Indiana in 1994. She was suspended in Indiana for 90 days for neglecting two cases, failing to keep her clients informed about the status of their matters, converting $400, and failing to cooperate with the disciplinary authority. The Illinois Supreme Court imposed reciprocal discipline and suspended her for 90 days. The suspension is effective on October 17, 2005. In re MICHELLE
LEE TULLY, Attorney Number 6211557 File information: M.R. 20334, 05 RC 1510 M.R. 20235, 02 CH 70 Ms. Tully, who was licensed in Illinois in 1992, was the subject of two different sanction orders entered by the Court. In the first matter, Ms. Tully was suspended in Wisconsin, where she has been licensed since 1994, for two years for neglect, failing to keep a client notified of the status of a matter, practicing law while suspended, mishandling client funds, and failing to cooperate with disciplinary authorities. The Illinois Supreme Court imposed reciprocal discipline and suspended her for two years and until she is reinstated in Wisconsin. In the second matter, she was suspended for one year, with the suspension stayed after ninety days by a one-year period of probation with conditions. She took fees from a personal injury settlement without notifying her client that she would do so. She also neglected an unrelated legal matter entrusted to her. The suspension is effective on October 17, 2005. After she serves the ninety-day unstayed period of suspension in the second matter, her one-year period of probation will be served consecutive to the reciprocal disciplinary sanction. In re ROBERT
HILTON TYER II, Attorney Number 2871890 File information: M.R. 20266, 04 CH 90 Mr. Tyer, who was licensed in 1972, was disbarred. He misappropriated escrow funds from two real estate transactions, sexually assaulted an employee of his title insurance office, and then made false statements to police and in subsequent federal discrimination litigation. In re ANTHONY F.
VARI, Attorney Number 6184546 File Information: M.R. 20330, 04 CH 100 Mr. Vari, who was licensed in 1983, was suspended for one year and until further order of the Court. He abandoned two civil matters, leaving his clients without legal representation. He also failed to refund unearned fees and did not participate in the disciplinary proceedings. In re DANIEL FRANCIS WEBB, Jr.,
Attorney Number 3125843 File information: M.R. 20282, 04 CH 26 Mr. Webb, who was licensed in 1962, was suspended for one year and until further order of the Court. He was convicted of driving while intoxicated in Maryland. He also wrote checks returned for insufficient funds in Maryland and in Wisconsin. He was previously disciplined for professional misconduct. The Following Disciplinary Orders Were Entered By The Court Before The September 2005 Term But Were Not Included In Any Previous Information Release In re JOHN JOSEPH
CRESTO, Attorney Number 6185226 File Information: M.R.20219, 02 CH 75 (Order entered on June 13, 2005) Mr. Cresto, who was licensed in 1983, was disbarred on consent effective June 30, 2005. He defrauded his law firm by failing to obtain partnership approval to engage in an outside business, failed to bill that business for legal services provided by him and the law firm, and caused the law firm to pay over $80,000 in purported disbursements for that business without billing the business or disclosing to the law firm his relationship with the business. He also defrauded business partners and their spouses by signing their names to loan documents without their knowledge or consent. In re CORNELIUS
THOMAS DUCEY, Jr., File information: M.R. 19757, 01 SH 118 and 03 SH 123 (Order entered on August 26, 2005) Mr. Ducey, who was licensed in 1971, was suspended on an interim basis and until further order of the Court. A hearing panel recently recommended that he be suspended for one year and another hearing panel recommended, in an earlier, unrelated disciplinary case, that he be suspended for eighteen months. In the first case, he filed a false affidavit in court, neglected two medical malpractice cases, and lied to the clients in those cases. He also engaged in a conflict of interest when he filed lawsuits and took other adverse actions as to a former client in matters that were substantially related to the matters in which he had represented the client. In the second case, he filed false pleadings in the Supreme Court and the circuit court, ignored clients’ instructions that discharged him as their attorney, neglected another client’s medical malpractice claim, refused to give his client her file, and failed to cooperate with the disciplinary investigations. In re RODNEY LANE
HARRISON, Attorney Number 6210623 File Information: M.R. 19281, 02 SH 84 (Order entered on June 20, 2005) Mr. Harrison, who was licensed in 1992, was suspended in 2004 for one year and until further order of the Court, with the suspension stayed by a five-year period of probation with conditions. He neglected traffic and criminal cases and did not adequately communicate with clients. He also misrepresented the status of a case to a client and failed to cooperate with the disciplinary investigation. Because he failed to comply with all of the conditions of his probation, the probation was revoked and he was suspended for one year and until further order of the Court. In re CHRISTOPHER
ANTHONY MILLET, File Information: M.R. 20293, 05 ML 6011 (Order entered on August 22, 2005) Mr. Millet, who was licensed in 1994, was suspended on an interim basis and until further order of the Court. He was charged with felony conspiracy to distribute and possess with intent to distribute a controlled substance, namely more than 500 grams of mixtures containing cocaine. He was also charged with disposing of a firearm and ammunition to a person who he had cause to believe was under indictment for, or had been convicted of, a crime punishable by imprisonment for a term exceeding one year. In re GEORGE
ANGELO PALIVOS, Attorney Number 6195867 File Information: M.R. 20288, 04 CH 87 (Order entered on August 29, 2005) Mr. Palivos, who was licensed in 1987, was suspended on an interim basis and until further order of the Court. He was charged in a federal indictment with conspiracy to defraud the United States Small Business Administration, wire fraud, mail fraud, and making a false claim in a bankruptcy matter. He fled to Greece and is a fugitive from justice. In re DERWIN PAUL
RICHARDSON, Attorney Number 6225926 File information: M.R 20273, 03 CH 47 (Order entered on August 11, 2005) Mr. Richardson, who was licensed in 1994, was suspended on an interim basis and until further order of the Court. He breached his fiduciary duties as an escrow agent, converted approximately $300,000 in funds from two annuities which he was to hold in escrow, failed to inform a court in a legal proceeding that he was no longer holding the funds from the annuities in escrow, and misrepresented to opposing counsel that he was still holding the funds. In re PHILIP E.
SCHICKEDANZAttorney Number 2480743 File information: M.R. 18725, 01 SH 108 (Order entered on July 8, 2005) Mr. Schickedanz, who was licensed in 1972, was suspended in 2003 for six months and until further order of the Court, with all but the first ninety days of the suspension stayed by a four-year term of probation. He was convicted of DUI and missed two court appearances in a client’s DUI matter. Because he failed to comply with all of the conditions of his probation, his probation was revoked and he was suspended for the remainder of his six-month suspension and until further order of the Court. |