Filed March 30, 2017
BEFORE THE HEARING BOARD
ILLINOIS ATTORNEY REGISTRATION
In the Matter of:
LESLIE ANN KLOCEK,
Commission No. 2016PR00093
REPORT AND RECOMMENDATION OF THE HEARING BOARD
The hearing in this matter was held on February 28, 2017, at the Chicago offices of the Attorney Registration and Disciplinary Commission, before a Hearing Board Panel consisting of John A. Guzzardo, Chair, Kent A. Gaertner and David C. Rudd. Marcia Topper Wolf appeared on behalf of the Administrator. Respondent was not present and was not represented by counsel. At the conclusion of the Administrator's presentation, the Administrator recommended that Respondent be disbarred. We agree with the Administrator's recommendation.
The Panel has considered the Administrator's one-count Complaint, which was filed on August 29, 2016. A copy of the Complaint is attached as Exhibit 1. Respondent did not answer the Complaint, comply with discovery requests, or participate in pre-hearing conferences. On January 19, 2017, pursuant to the Administrator's motion, the Chair entered an Order deeming the allegations of the Complaint admitted, attached as Exhibit 2.
According to the admitted allegations, Respondent prepared a testamentary instrument for an elderly client, Elizabeth S. Hewitt, which gave Respondent a prohibited substantial gift. Specifically, Respondent amended Hewitt's revocable trust to make herself the beneficiary of
two-thirds of the approximately $1,000,000 residuary of the trust's assets. Respondent did not advise Hewitt that the Rules of Professional Conduct prohibited Respondent from doing so.
In aggravation, this Panel considered the testimony of the Administrator's witnesses, John W. Quinn and Cheryl Bauer, as well as the Administrator's Exhibits 1 through 18. We also considered Respondent's failure to participate in this disciplinary matter, which demonstrated a lack of regard for the legal profession and the disciplinary process. Respondent has no prior discipline, but we gave this factor little weight in mitigation in light of the serious misconduct.
Respondent was personally served with the Complaint on November 16, 2016. A copy of the Proof of Service is attached as Exhibit 3.
In consideration of the Order deeming the allegations of the Complaint admitted, this Panel finds Respondent committed the misconduct charged in the Complaint.
Given Respondent's serious misconduct, the aggravating factors and the case law cited by the Administrator, we recommend Respondent, Leslie Ann Klocek, be disbarred.
The Panel has concluded this report format will adequately and appropriately communicate its recommendation to the Court.
John A. Guzzardo
I, Kenneth G. Jablonski, Clerk of the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois and keeper of the records, hereby certifies that the foregoing is a true copy of the Report and Recommendation of the Hearing Board, approved by each Panel member, entered in the above entitled cause of record filed in my office onMarch 30, 2017.
Kenneth G. Jablonski, Clerk of the