The
Supreme Court of Illinois on Tuesday, September 18,
2007, 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 attached list
contains 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. The announcement of the orders may be
reviewed at the Supreme Court of Illinois website:
www.state.il.us/court.
Unless otherwise noted, the mandate of discipline
issued immediately.
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
82,000 attorneys in Illinois. Yearly fees are
imposed on most Illinois lawyers 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 Jerome
Larkin.
For additional
information concerning these disciplinary orders
contact:
Peter L.
Rotskoff, Attorney Registration and Disciplinary
Commission, Springfield.
217.522.6838 or
800.252.8048
The ARDC Website is:
www.iardc.org
In re
JOSEPH FRANCIS BREEN, Attorney Number 6273771
Palm Passage,
Suite C20-22
St. Thomas, Virgin Islands 00802-1150
File information: M.R. M.R.
21736, 06 CH 67
Mr. Breen, who was
licensed in 2001, was suspended for six months and
until further order of the Court, with the
suspension stayed after ninety days by a two-year
period of probation subject to conditions. He neglected a post-trial motion and a criminal appeal
for one client and a criminal appeal for another
client. He was also convicted of driving under the
influence, driving on a suspended driver’s license,
operating an uninsured motor vehicle and improper
traffic lane usage. He did not report his
convictions to the ARDC. The suspension is effective on October 9, 2007.
In
re MICHAEL EDWARD BUB, Attorney Number 6203145
One City Centre,
Suite 15TFL
St Louis, Missouri 63101-1883
File information: M.R.
21636, 06 SH 0007
Mr. Bub, who was licensed
in 1990, was censured. He charged his client,
an insurance company, an excessive fee for doing
preparatory work for an appeal that ultimately
settled before any briefs were filed.
In re CYNTHIA YONEVA
COOPER,
Attorney Number 6255780
1760 West
Station Street, Suite 3
Kankakee, Illinois 60901-3176
File information: M.R.
21767, 06 SH 82
Ms. Cooper, who was
licensed in 1998, was suspended for one year
and until further order of the Court, with the
suspension stayed after thirty days by a two-year
period of probation subject to conditions. She
converted a filing fee, for which she has made
restitution, neglected the civil cases of three
clients, made misrepresentations to a client, and
failed to return an unearned fee.
The suspension is
effective on October 9, 2007.
In re STEVEN J. DELLA ROSE,
Attorney
Number 6192497
751
West 35th Street
Chicago, Illinois 60616-3437
File
information: M.R. 21635, 04 CH 2
Mr. Della Rose, who was licensed in 1986, was disbarred.
He caused a client’s signature to be forged on an
$80,000 lump sum settlement agreement in a workers’
compensation matter. He then paid a man $50 to
obtain a false identification card from an Illinois
Secretary of State employee and had the man cash a
$64,000 check made payable to the injured client.
Mr. Della Rose then collected and subsequently
misappropriated the funds. For this conduct, Mr.
Della Rose was found guilty of mail fraud in federal
court and was sentenced to a forty-one month prison
term. He failed to surrender to prison authorities,
however, and remains a fugitive from justice. He was
suspended on an interim basis on May 4, 2004.
In re
WARREN J. DOMINICK, Attorney Number 6191799
9601 West 165TH Street
Orland Park, Illinois 60467
File Information: M.R. 21737, 06 CH 25
Mr.
Dominick, who was licensed in 1985, was suspended
for two years and until further order of the Court.
He neglected thirteen different client matters,
converted $3,000 that he was supposed to be holding
in escrow from a real estate transaction, and failed
to cooperate with the disciplinary investigation.
In re CORNELIUS THOMAS DUCEY, JR.
Attorney Number 683779
7 Ridge Lane
Belleville, Illinois 62223-1228
File information: M.R.
21234, 01 SH 118
Mr.
Ducey, who was licensed in 1971, was suspended for
one year. He engaged in a conflict of interest after
he first represented a structured settlement company
against individuals entitled to structured
settlement payments and then subsequently
represented the payment recipients against the
structured settlement company. He also neglected two
medical malpractice matters and misled his clients
about the status of their matters. He was suspended
on an interim basis on August 26, 2005, after a
second disciplinary matter against him resulted in a
recommendation that he be suspended for eighteen
months. The second disciplinary matter is pending
before the ARDC Review Board.
The suspension is
effective on October 9, 2007.
In re STEVEN EDWARD
DYER, Attorney Number 6230611
4386 Lindell Boulevard
St. Louis, Missouri 63108-2702
File Information: M.R. 21811, 07 RC 1510
Mr.
Dyer was licensed in Missouri in 1994 and in
Illinois in 1996. He was suspended for six months in
Missouri after he falsified time stamps on documents
that he filed with the bankruptcy court and
electronically filed bankruptcy petitions using
another attorney’s password and log-in information.
Illinois imposed reciprocal discipline and suspended
him for six months and until he is reinstated in
Missouri. The suspension
is effective on October 9, 2007.
In
re JEFFREY BRUCE FAWELL, Attorney Number 778753
500 South County
Farm Road, Suite 200
Wheaton, Illinois 60187-2415
File Information: M.R.
21692, 06 CH 46
Mr. Fawell, who was
licensed in 1977, was suspended for thirty days. He
neglected a client's criminal appeal by failing to
file a brief on his client's behalf after he had
been granted several extensions of time within which
to do so, causing the appeal to be dismissed, and he
did not inform his client that her appeal had been
dismissed for almost two years. The
suspension is effective on October 9, 2007.
In re
CARYL JACOBS GABE, Attorney Number 1311840
33 West Higgins
Road, Suite 620
Barrington, Illinois 60010-9387
File Information: M.R.
21734, 04 CH 8
Ms.
Gabe, who was licensed in 1976, was suspended for
six months. She failed to fully comply with
applicable Illinois Supreme Court rules after she
had previously been suspended for misconduct. She
also engaged in a plan to conceal the first
suspension from clients and made misrepresentations
to the Court regarding her compliance with the
sanction order. The suspension is effective on
October 9, 2007.
In re MARVIN IRA GERSTEIN, Attorney
Number 942162
803 South
Grove Street
Urbana, Illinois 61801-4307
File information: M.R.
21662, 06 SH 70
Mr. Gerstein, who was
licensed in 1964, was suspended for sixty days. He
sent letters containing profane or demeaning remarks
to employees of the City of Urbana while he was
involved in a dispute with the City over the height
of vegetation in the front of his home. On two
previous occasions, he was disciplined for sending
offensive or intemperate letters to people who were
involved in cases he was handling for clients. The
suspension is effective on November 5, 2007.
In
re LAURENCE BRIAN GLANTZ, Attorney Number 6220324
20 North Clark Street, Suite 501
Chicago, Illinois 60602-4366
File Number: M.R. 21788, 06 CH 43
Mr. Glantz, who
was licensed in 1994, was suspended for one
year and until he makes certain restitution and
attends the Professional Responsibility Seminar of
the Illinois Professional Responsibility Institute.
He neglected three different civil matters for a client, failed to return an
unearned fee, and did not initially cooperate with
the disciplinary investigation. The suspension is
effective on October 9, 2007.
In re PAUL HENRY HILLIS,
Jr., Attorney Number 1218166
600 South
Poplar
Centralia, Illinois 62801-9177
File Information: M.R.
21781, 07 SH 14
Mr.
Hillis, who was licensed in 1975, was suspended for
one year and until further order of the Court. He
pled guilty to driving under the influence of
alcohol and was placed under court supervision, the
conditions of which required him to abstain from
alcohol consumption. Shortly after the entry of the
guilty plea, he consumed alcohol, was involved in a
vehicular accident involving property damage, and
was charged again with driving under the influence
of alcohol.
In re MICHAEL JOHN
HIRSCHTICK, Attorney
Number 1225405
6321 North
Avondale Avenue, Suite 210
Chicago, Illinois 60631-1960
File Information:
M.R.
21668, 05 CH 32
Mr. Hirschtick, who was
admitted in 1967, was disbarred and ordered to make
certain restitution. He financially exploited an
elderly client suffering from Alzheimer’s disease.
He also misappropriated funds from an account opened
for the benefit of several property owners for the
purpose of engaging in like-kind transfers of
commercial property.
He failed to appear at his own disciplinary
hearing. He was suspended
on an interim basis on March 2, 2007.
In re STANLEY F.
KAPLAN, Attorney Number 1400975
500 Skokie Boulevard, Suite 350
Northbrook, Illinois 60062-2877
File Information: M.R. 21705, 05 CH 15
Mr.
Kaplan, who was licensed in 1962, was suspended for
sixty days. He mishandled a portion of funds that he
was supposed to hold on behalf of a client and a
third party and commingled client and third party
funds with his own. The suspension is effective on
October 9, 2007.
In re ANDREW J.
KLECZEK, Attorney Number 1478532
321 N.E. Madison
Peoria, Illinois 61603-3635
File Information: M.R.
21745, 05 SH 24
Mr. Kleczek, who was
licensed in 1968, was suspended for sixty days. He
obtained an unreasonable fee in a workers’
compensation case. He made restitution to the client
before the initiation of formal disciplinary
proceedings. The suspension is effective on
October 9, 2007.
In re
MICHAEL JAMES KRAWITZ, Attorney Number 6201462
2 North LaSalle
Street, Suite 1776
Chicago, Illinois 60602-4031
File Information: M.R.
21684, 07 DC 1005
Mr.
Krawitz, who was licensed in 1989, was disbarred on
consent. While representing a real estate developer
in connection with the sale of condominium units, he
misappropriated over $170,000 in earnest money
deposits received from prospective purchasers.
In re ROBERT DUANE LARSON, Attorney
Number 1583905
307 Henry
Street, Suite 310
Alton, Illinois 62002-6326
File information: M.R.
21782, 07 SH 10
Mr. Larson, who was
licensed in 1969, was suspended for sixty days and
until further order of the Court, with the
suspension stayed by a two-year period of probation
subject to conditions. On two occasions, he
operated a motor vehicle while under the influence
of alcohol.
In re
ROBERT FRED LISCO, Attorney Number 1674102
20 North Clark
Street, Suite 2450
Chicago, Illinois 60602-5110
File Information:
M.R.
21687, 03 CH 48
Mr. Lisco, who was
licensed in 1951, was suspended for one year and
until he makes certain restitution with interest. He
engaged in misconduct in connection with his
representation of a married couple in their separate
personal injury suits. The couple divorced during
the time that the personal injury cases were
pending, and Mr. Lisco agreed to divide any injury
settlement proceeds pursuant to the terms of the
couple’s divorce decree. Instead of dividing the
proceeds pursuant to the decree, he converted some
of the wife’s funds and agreed with the husband to
hide other funds from the wife. The suspension is
effective on October 9, 2007.
In re MICHAEL PATRICK
MacHARG, Attorney Number 6274043
300 South Orange Avenue, Suite 1300
Orlando, Florida 32801-3379
File Information: M.R. 21702, 06 CH 9
Mr.
MacHarg, who was licensed in 2001, was censured. He
was convicted of domestic violence for kicking his
then-girlfriend’s son.
In re PAUL MICHAEL
MISCH, Attorney Number 3122441
3867 Medina Road, Suite 264
Akron, Ohio 44333-4506
File Information: M.R. 21769, 07 DC 1006
Mr.
Misch, who was licensed in 1978, was disbarred on
consent. He pled guilty to one count of making and
submitting false federal income tax returns. He was
sentenced to a fourteen-month prison term. He was
previously censured for practicing law in Ohio, a
jurisdiction where he was not licensed.
In re MICHAEL J.
PAGANUCCI, Attorney Number 3123545
555 West Jackson Boulevard, Suite 700
Chicago, Illinois 60661-5700
File Information: M.R.21727, 06 CH 48
Mr.
Paganucci, who was licensed in 1979, was suspended
for one year and until further order of the Court.
He was convicted of aggravated driving under the
influence, driving under the influence, and leaving
the scene of an accident. He failed to report the
convictions to the ARDC.
In re THOMAS J.
PASTRNAK, Attorney Number 6187785
313 West Third Street
Davenport, Iowa 52801-1219
File Information: M.R. 21771, 07 RC 1506
Mr. Pastrnak was licensed in Illinois and Iowa in
1984. He was reprimanded in Iowa for engaging in a
conflict of interest and attempting to settle a
claim against him by an unrepresented client without
advising the client in writing that independent
representation was appropriate. The Illinois Supreme
Court imposed reciprocal discipline and reprimanded
him.
In re ROBERT HAROLD
PAUL, Attorney Number 6201766
314 Jackson, Box 415
Mishicot, Wisconsin 54228
File Information: M.R. 21695, 07 RC 1505
Mr.
Paul was licensed in Illinois in 1989 and in
Wisconsin in 1998. He was suspended for sixty days
in Wisconsin for neglect and dishonesty in
connection with a client’s personal injury and
workers’ compensation matters. The Illinois Supreme
Court imposed reciprocal discipline and suspended
him for sixty days. The suspension is effective on
October 9, 2007.
In re CHARLES EMIL PETIT,
Attorney Number 6230038
1012 North
Busey
Urbana, Illinois 61801-1608
File Information: M. R.
21735, 06 SH 30
Mr. Petit, who was licensed in 1995, was suspended
for six months and until further order of the Court.
He misrepresented the status of a matter to a client
for two years, and charged her fees for work he did
not perform. His misconduct was related to an
untreated mental health issue.
In re JOSEPH JOHN PORZENSKI,
Attorney Number 6227045
320 North Fifth Street, Lower Level
St. Charles, Missouri 63301-1854
File Information: M.R. 21810, 07 RC 1509
Mr.
Porzenski was licensed in Missouri in 1994 and in
Illinois the following year. He was reprimanded in
Missouri for accepting a settlement offer in a
married couple’s legal matter without the consent of
both clients, and remitting the settlement proceeds
only to the wife. The Illinois Supreme Court imposed
reciprocal discipline and reprimanded him.
In re AUBREY TALMAGE
RICHEY, Attorney Number 2330695
306A Deerpath East Road
Fontana, Wisconsin 53125-1820
File Information: M.R. 21797, 07 CH 26
Mr.
Richey, who was licensed in 1968, was suspended for
eighteen months and until further order of the
Court. He made misrepresentations on his application
to be admitted to the Wisconsin bar, including false
representations about his status and practice in
Illinois.
In re ELLEN RUTH
RUBIN, Attorney Number 6225970
32 North Stone Avenue, Suite 400
Tucson, Arizona 85701-1416
File Information: M.R. 21831; 07 RC 1511
Ms.
Rubin was licensed in Illinois in 1994 and in
Arizona in 2004. She was informally reprimanded in
Arizona and placed on probation for one year with a
condition that she attend the State Bar’s Ethics
Enhancement Program. She failed to provide relevant
information to a judge about her client’s criminal
status. The Illinois Supreme Court imposed
reciprocal discipline, reprimanded her, and placed
her on probation subject to the condition imposed in
Arizona.
In re GERARD A. SERRITELLA,
Jr., Attorney
Number 2552892
411 Hamilton Boulevard, Suite 1600
Peoria, Illinois 61602-1198
File information: M.R. 21655, 03 SH
115
Mr. Serritella, who was licensed in 1969, was
suspended for thirty days and until he makes certain
restitution. He failed to return unearned fees
to two clients in criminal cases.
In re
Charles
Middleton shepherd
Attorney Number 6238083
5215 Old Orchard
Road, Suite 740
Skokie, Illinois 60077-1022
File information: M.R.
21812, 06 CH 41
Mr. Shepherd, who was licensed in 1996,
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
probation subject to
conditions. He neglected nine different
client matters during a period when he was alcohol
dependent and suffering from a major depressive
disorder. The suspension is effective on October 9,
2007.
In re CHARLES
KENNETH SNOWDEN,
Attorney Number 2663198
8541 South Cottage Grove
Chicago, Illinois 60619-6115
File
information: M.R. 21673, 04 CH 108
Mr. Snowden, who was licensed in 1977,
was suspended for one year. He neglected two client
matters, provided false evidence to a court, and
failed to cooperate with the disciplinary
investigation. He was previously disciplined for
unrelated misconduct. The suspension is effective on
October 9, 2007.
In re
FEDERICO NOEL TRIGO, Attorney Number 2856700
2646 North 74th
Avenue, 2nd Floor
Elmwood Park, Illinois 60707-1916
File information: M.R.
21661, 04 CH 5
Mr. Trigo, who was
licensed in 1976, was suspended for two years and
until further order of the Court. He provided
neglectful and incompetent representation in three
immigration matters, misappropriated money his
clients had given him to pay expenses, failed to
communicate with clients, and did not refund
unearned fees after he was discharged. He was
previously disciplined on two occasions for
unrelated misconduct.
In re DAVID ANDREW
VINCENT, Attorney Number 6227198
129 Elm Street
South Portland, Maine 04106-4309
File Information: M.R. 21784; 07 RC 1508
Mr.
Vincent was licensed in Illinois in 1995 and in
Maine in 2002. He was reprimanded in Maine for
incompetence and neglect in connection with a
criminal appeal. The Illinois Supreme Court imposed
reciprocal discipline and reprimanded him.
In re ALLEN WEISSMAN,
Attorney Number 2974355
2805 West
Touhy Avenue
Chicago, Illinois 60645-2901
File information: M.R.
21649, 06 CH 62
Mr. Weissman, who was licensed in 1978, was
suspended for thirty days. He neglected to file a
foreclosure proceeding, was not forthright with his
client about the status of the matter, and failed to
promptly refund unearned fees. The suspension is
effective on October 9, 2007.
In
re MICHAEL S. WELZIEN, Attorney Number 2982560
150 West St.
Charles Road, Suite 424
Lombard, Illinois 60148-2279
File information: M.R.
21730, 05 CH 89
Mr.
Welzien, who was licensed in 1973, was suspended for
four months. While representing the administrator of
an estate, he filed a claim against the estate on
his own behalf and assisted another claimant in
filing a claim. He did not seek or receive his
client’s consent to pursue those claims, both of
which were time-barred at the time he filed them.
The suspension is effective on October 9, 2007.
In re
RALPH ELVIN WILLIAMS, Attorney Number 6203347
Post Office Box
3081
Springfield, Illinois 62708-3081
File Information: M.R.
21833, 06 SH 32
Mr. Williams, who was
licensed in 1990, was disbarred on consent. He took
money for an appeal from a client whom he had
previously represented as a public defender client
without explaining his duties to the client to
represent the client diligently at no charge. He
also neglected two civil cases and made
misrepresentations to his clients about the status
of those cases.
In re BRADFORD THOMAS
YAKER, Attorney Number 6199710
30150 Telegraph, Suite 444
Bingham Farms, Michigan 48025-4549
File Information: M.R. 21783; 07 RC 1507
Mr. Yaker was licensed in Illinois in 1988 and in Michigan in 1995. He
was suspended for eighteen months and until further
order of the Court in Michigan for failing to keep
two clients aware of the status of their matters,
making misrepresentations to them, and
misappropriating money from his law firm. The
Illinois Supreme Court imposed reciprocal discipline
and suspended him for eighteen months and until he
is reinstated in Michigan. The suspension is
effective on October 9, 2007.
The
Following Orders Were Entered By The Court in
Disciplinary Cases Before The September 2007 Term
But Were Not Included In Any Previous Information
Release
In
re PATRICIA LYNN HAYES,
Attorney Number 6192974
400 Chatham
Road, Suite 101B
Springfield, Illinois 62704-1495
File information:
M.R. 21046, 03 SH 113
(Order entered on. May 31, 2007)
Ms. Hayes, who was licensed in 1986, was suspended
for thirty months and until further order of the
Court in 2006, with the suspension stayed in its
entirety by probation subject to certain conditions.
She was disciplined after she caused a public
disturbance at O’Hare Airport when she threatened
and battered Chicago police officers who sought to
prevent her from driving while intoxicated. Her
probation was revoked, the stay of the suspension
vacated, and she was suspended for thirty months and
until further order of the Court for violating
certain probationary conditions, most importantly
that she not consume alcohol.
In re
ROBERT WAYNE HALLOCK, Attorney Number 1107275
111 North Avenue,
Suite 07
Barrington, Illinois 60010-3282
File information:
M.R. 21596, 07 CH
27
(Order entered on July
3, 2007)
Mr. Hallock, who was
admitted in 1971, was suspended on an interim basis
and until further order of the Court. He was
convicted in federal court of willfully attempting
to evade income tax by filing fraudulent tax returns
that did not include his true income. Additionally,
he sold fraudulent certificates of deposit and used
a sham business for the purpose of hiding his true
income. He was sentenced to twenty-four months in
prison and was ordered to serve a two-year term of
supervised release.
In re TOM O’CONNELL
HOLSTEIN, Attorney Number 1251716
109 West Elm Street
Chicago, Illinois 60610-2805
File information:
M.R. 21683, 06 CH 39
(Order entered on August 17, 2007)
Mr. Holstein, who was licensed in 1972, was
suspended on an interim basis and until further
order of the Court. He was charged in a nine-count
federal indictment with defrauding his debtor
clients by undertaking representation and collecting
fees when he knew that he was about to be suspended
from the practice of law in Illinois for
professional misconduct (he was suspended for
eighteen months effective October 17, 2005), and
with making false entries in bankruptcy petitions
and statements of financial affairs in connection
with three bankruptcy matters. In addition, he is
the subject of new disciplinary charges alleging
that he engaged in conduct involving dishonesty with
respect to two different bankruptcy cases, that he
maintained a client trust account in the name of an
attorney not associated with his law firm, and that
he forged the name of his deceased wife on a
signature card for the account.
In re
JOHN ANTHONY MAURER, Attorney Number 6243443
1216 South 5th
Street
Springfield, Illinois 62703-2316
File Information:
M.R. 21628, 07 SH 6
(Order entered on June 4,
2007).
Mr. Maurer, who was
licensed in 1997, was disbarred on consent.
He was employed as a part-time public defender and
also maintained a private criminal defense practice.
On several occasions, he purchased cocaine from, and
used cocaine with, a former client. He also used
cocaine with a current client. When he learned that
his current client was going to be required to
submit to a drug test, he advised him of a product
that could be purchased to assist him in deceiving
the authorities as to the results of a urine test.
Later, he obtained police reports containing
confidential information regarding the subject of a
criminal investigation and provided the reports to
his client in exchange for $3,000.00.
In re MARK ROBERT McGOVERN,
Attorney Number
6276279
10 South Wacker Drive, Suite 4000
Chicago, Illinois 60606-7506
File Information: M.R. 21709, 07 CH 52
(Order entered on July 27, 2007)
Mr. McGovern, who was admitted in 2002, was
suspended on an interim basis and until further
order of the Court. In 2005, he was taking United
Airlines flight 1502 from Orlando to Washington,
D.C. At some point during the flight, he engaged in
threatening and disruptive behavior towards the
flight crew. He was arrested by federal air
marshals, and the flight crew diverted the aircraft
to North Carolina. He later pled guilty to
assaulting and intimidating a flight attendant. He
was sentenced to a seven-month prison termfollowed by a three-year period of supervised
release. The court also ordered him to pay $7,339 in
restitution to United Airlines, as well as a $100
assessment. He was subsequently found guilty of
violating the terms of his suspended release by
using cocaine and failing to return to his halfway
house after work.
The
Following Lawyers were Transferred to Disability
Inactive Status
Before The September 2007 Term
§
Joseph
Michel Rielinger (Attorney Number 6201893) of
Independence, Ohio;
§
Darcy J.
Bogenrief (Attorney Number 6203835) of Mequon,
Wisconsin; and
§
Ronald
Ozon Heglar (Attorney Number 3129029) of Orland
Hills, Illinois.