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ARDC

If you get into a car accident in Chicago or a nearby area that is not your fault and you have an injury, there is some advice to know. Call the police so there’s an official report of what happened. Go to the doctor ASAP so your injuries can be documented. Oh, and get ready to be flooded with calls, texts and even in person visits from personal injury attorneys or their representatives. Especially if it involves ambulance chasers.

That’s right, if you get hurt in a car accident and there’s a police report or any other injury that makes the news, scumbag PI lawyers, especially in the Chicago area, will be seeking you out.

When I became a lawyer I was certainly naive and didn’t think this type of stereotypical ambulance chasing actually happened. But it does all of the time.

Some attorneys have cops that they pay to either hand out their business cards or give them information on accidents. Others buy traffic crash reports which contains your personal information. Some will merely send you a letter or post card. If it says “lawyer advertisement” on it, that’s considered permissible free speech.

What they aren’t supposed to do under Illinois ethic laws is solicit you verbally if they don’t have a prior relationship with you. The way they get around that is to have “runners”, who are non-attorneys, approach you and try to get you to sign. And it won’t be 1-2 people contacting you, but 10-20 firms or more trying this slimy tactic. I can’t imagine running a business in that way.

The ARDC or Attorney Registration and Disciplinary Commission is in charge of licensing and disciplining attorneys in Illinois. They surely must be aware of this not so hidden secret as it’s routinely discussed on various listservs and it’s being done in such a blatant way. Just recently within 24 hours I had two calls from potential clients. One was talking to a non-lawyer who had shown up at her home to try and sign her family member up. The other was injured while in town on vacation and had received numerous calls and texts.

There are hundreds of great, ethical attorneys who would never take this approach. There are also hundreds who are doing it because they don’t think they can compete any other way or they just don’t care about ethics. Many of those are from nation wide firms who are setting up shop in Chicago and other major cities and aren’t really here, at least not in terms of having their main lawyers in Chicago.

And this is just a symptom of a huge ethical problem in the legal industry. Some claims I’ve heard repeated beyond all of this include:

  • Allegedly the major accidents division of the Chicago Police Department routing cases to certain lawyers for referral fees (which is illegal).
  • Church leaders receiving compensation for directing members to certain lawyers.
  • Injury firms throwing golf outings and other parties for union leaders, cops and other referral sources where they have a “raffle” in which everyone wins a prize that includes lavish trips, big screen TV’s, cash, etc.
  • Law firms buying gifts and groceries for injury victims to entice them to sign (also illegal).

Any time I hear from someone who says they’ve been solicited in unethical ways, I strenuously encourage them to report the lawyer/law firm to the ARDC. I’ve probably made that recommendation over 100 times. I know other lawyers have done the same. Yet I can’t recall one disciplinary investigation over this in the last decade. It’s certain that nothing has been done to dissuade this predatory behavior. And I have no idea why.

I usually hear from people who have been approached in one of two ways. The first is that they are being flooded with calls and contacts and don’t know what to do. They usually find this approach as gross as I do. The second is a couple of years after the case is going on when they get a settlement offer. I usually hear something like, “I signed with this lawyer because he promised me my case was worth at least a million dollars, but now he’s telling me to settle for $75,000.”

In almost every instance when that happens and I ask how they got the lawyer in the first place, they tell me the attorney reached out to them.

On behalf of every Illinois attorney who believes in ethics and that attorneys whose actions bring shame on the legal system as a whole should be disciplined, I’m begging the ARDC to show leadership in a way that appears to have been lacking.

One big misconception I hear from the public a lot is that attorneys will cover for each other when one of them does something wrong. I’m not saying that there aren’t some scummy, unethical attorneys in Illinois. There are. But the great majority are honest, ethical and want to do the right thing.

As part of this belief, some individuals don’t think that lawyers in Illinois will sue each other. I promise you that is not true. We love to get involved in legal malpractice lawsuits. They aren’t easy to win, but when the facts and damages are right, we are all over them.

So what makes a good Illinois legal malpractice lawsuit?

The first thing needed is what is called irreparable harm. That means that your lawyer made an error and it can’t be fixed. So if you hired an attorney to file a lawsuit for a car accident and they didn’t do it before the statute of limitations ran out, you’d have irreparable harm and likely a good case for suing. On the other hand, if you feel that your lawyer has been lazy and that’s caused the case to drag on for years, that sucks, but it’s a harm that can be fixed. In other words, that’s not a case.

We also look for actual financial losses. If the car accident case isn’t filed in time, that’s an actual loss. If you lose out on a spouse’s pension in a divorce because your lawyer waived your right to it without permission, that’s an actual loss. Because there are costs in bringing these lawsuits, we want the financial loss to typically be at least $100,000.00.

It’s also important to know that a bad result doesn’t mean legal malpractice nor does a lawyer not doing what you want. In most cases, an attorney could successfully defend themselves by saying that they made a judgment call and it didn’t work out. That’s unfortunate, but not typically negligence. You also can’t sue because their service was bad. It’s unethical not to return phone calls or yell at a client or miss court, but if it doesn’t lead to the irreparable harm, it’s not a lawsuit.

The last thing to know is that to win an Illinois legal malpractice lawsuit, you have to be able to prove that had the attorney done things correctly, you would have won your case. That can be a challenge at times. The more complex the original case was, the harder it can be to sue your law firm.

These cases aren’t easy, but we love to bring them. If you’d like a free consultation to see if you have a case, call us any time at 312-346-5320.

Stealing from clients. Committing crimes. Lying. Acting like an asshole. Falsifying documents. There are a lot of reasons attorneys lose their license in Illinois. Here are 23 of them in the last year who have been disbarred or suspended for at least a year. All of the information comes from the ARDC which is the licensing and disciplining organization for Illinois lawyers. I highly recommend you check an attorney’s status there before hiring them.

Richard Gannett Mr. Gannett was licensed to practice in Illinois in 1981 and in Massachusetts in 1982. The Supreme Judicial Court of Massachusetts disbarred him for intentionally converting over $42,000 that he was supposed to be holding in connection with an insurance dispute. The Supreme Court of Illinois imposed reciprocal discipline and disbarred him.

Jeffrey McIntyre Mr. McIntyre, who was licensed in 1994, was suspended for 18 months and until further order of the Court. His misconduct arose from his December 2017 guilty plea to a charge of battery after he punched an employee of a tavern and his October 2018 guilty plea to operating a motor vehicle while intoxicated, his third conviction for driving while intoxicated.

Andrew Babcock Mr. Babcock, who was licensed in 1992, was disbarred on consent. In September 2021, a Michigan jury found him guilty of three counts of criminal sexual conduct.

Philip Koenig Mr. Koenig, who was licensed in 1975, was suspended for one year for intentionally converting $70,076 in funds that were owed to his client after the settlement of a lawsuit over the construction of a will.

Brian Sides Mr. Sides, who was licensed in 2002, was suspended for one year and until further order of the Court. He made false or reckless statements about the integrity of a federal bankruptcy judge in nine motions filed in the bankruptcy or federal district court.

Stephen Newport Mr. Newport was licensed to practice in Illinois in 1990 and in Iowa in 1978. The Supreme Court of Iowa suspended him with no possibility of reinstatement for one year for sexually harassing two clients. The Supreme Court of Illinois imposed reciprocal discipline and suspended him for one year and until he is reinstated to the practice of law in Iowa.

Robert Roth Mr. Roth, who was licensed in 1979, was disbarred on consent. His misconduct arose from his June 2021 conviction in Lake County for aggravated driving under the influence of alcohol, causing the death of another. Following his conviction, Mr. Roth was sentenced to five years in prison.

Felipe Gomez Mr. Gomez, who was licensed in 1988, was suspended for three years and until further order of the Court. In three separate legal matters, he repeatedly sent threatening and harassing email messages to other attorneys.

Jessica O’Brien Ms. O’Brien, who was licensed in 1998, was disbarred. She has been suspended on an interim basis since April 26, 2018, after a federal jury in Chicago found her guilty of the crimes of mail fraud and bank fraud based on her involvement in a scheme to obtain bank loans by making false statements about her income and liabilities.

Carlo Palladinetti Mr. Palladinetti, who was licensed in 1985, was disbarred. He was found guilty of bank fraud after he participated in a multi-year scheme that provided fraudulent information to lenders in order to qualify buyers for mortgage loans to purchase condominium units owned by other participants in the scheme.

Dale Halling Mr. Halling was licensed to practice in Illinois in 1993 and in Colorado in 1995. The Supreme Court of Colorado disbarred him for not diligently representing three clients in patent matters, failing to keep clients informed about the status of their matters, converting client funds in two of the matters, and abandoning two of the clients. The Supreme Court of Illinois imposed reciprocal discipline and disbarred him.

Valerie Franklin Ms. Franklin, who was licensed in 1994, was disbarred for intentionally converting more than $122,000 owed to ten separate clients in workers’ compensation and other matters.

James Leone Mr. Leone was licensed to practice in Illinois in 1981 and in Florida in 1985. In December 2020, the Supreme Court of Florida granted Mr. Leone’s petition for disciplinary revocation of his law license, with leave to seek readmission after five years. He had misrepresented facts to a third person in connection with litigation over a piece of property on which Mr. Leone and his wife had paid past-due property taxes. The Supreme Court of Illinois imposed reciprocal discipline and suspended him until he is reinstated to the practice of law in Florida.

Michael Ries Mr. Ries, who licensed in 1998, was suspended from the practice of law for two years and until he is reinstated to the practice of law before the United States Patent and Trademark Office. He engaged in a number of criminal acts involving incidents of domestic violence and driving while over the legal limit for alcohol, and he mishandled three patent applications.

Beau White Mr. White was licensed in Illinois in 1998 and in Indiana in 1999. The Indiana Supreme Court suspended him for three years, without automatic reinstatement, for failing to act with diligence in a criminal matter and a paternity case, failing to properly communicate with clients, and not cooperating in his own disciplinary proceedings. The Supreme Court of Illinois imposed reciprocal discipline and suspended him for three years and until he is reinstated in Indiana

Dean O’Connor Mr. O’Connor was licensed in Illinois in 1980 and in Arizona in 1988. An Arizona disciplinary hearing panel disbarred him for engaging in a pattern of misconduct in three separate matters. In one matter, he converted $40,000 in funds belonging to a bankruptcy estate and disbursed over $230,000 in insurance proceeds to his client without disclosing the receipt or disbursement of those proceeds to the court. In another matter, he did not adequately communicate with his client and failed to research issues involved in his client’s matter. In a third matter, he advanced non-meritorious claims and contentions, made false representations in a court filing, and made false statements to the Arizona State Bar during its investigation into his conduct. The Supreme Court of Illinois imposed reciprocal discipline and disbarred him.

Craig Sherman Mr. Sherman was licensed in Illinois in 1967 and in Florida in 1975. The Supreme Court of Florida permanently revoked his admission to the Florida Bar after he filed a petition for disciplinary revocation without leave to apply for readmission, which stated that he was the subject of a disciplinary grievance alleging, in part, misuse of funds totaling $4,175,000. Mr. Sherman agreed that there was factual predicate for disciplinary action against him. The Supreme Court of Illinois imposed reciprocal discipline and disbarred him.

John Tresslar Mr. Tresslar was licensed in Missouri in 1985 and in Illinois in 1986. The Supreme Court of Missouri disbarred him for failing to diligently represent a client, failing to maintain complete records for his trust account, misappropriating more than $68,000 belonging to his clients, and making misrepresentations to a tribunal. The Supreme Court of Illinois imposed reciprocal discipline and disbarred him.

Ryan Kosztya Mr. Kosztya, who was licensed in 2002, was suspended for two years and until he completes the ARDC Professionalism Seminar, followed by a one-year term of probation with conditions. Mr. Kosztya dishonestly misappropriated over $58,000 from clients in two matters and then made false statements to the clients and a court to hide his use of the funds.

Jaroslaw Szymanski Mr. Szymanski, who was licensed in 2013, was suspended from the practice of law for two years and until further order of the Court. In 2016, Mr. Szymanski was arrested and charged with aggravated domestic battery and domestic battery arising from an incident in which he pushed his spouse against a wall and placed his hands around her throat, causing a partial obstruction of her breathing. Mr. Szymanski later pled guilty to misdemeanor battery in connection with that incident. In 2018, Mr. Szymanski again was arrested for an incident in which he punched his spouse in the arm and attempted to punch her in the stomach, for which he was charged with two counts of resisting a peace officer and two counts of domestic battery. Those charges were later dismissed.

Sheldon Banks Mr. Banks, who was licensed in 1965, was suspended for two years and until further order of the Court and was required to demonstrate that he has paid $7,000 in restitution, plus interest, to his former client’s sister prior to petitioning for reinstatement. While representing the client in a criminal matter, he did not respond to the client’s family’s requests for information about the case, collected an unreasonable fee of $9,000 when he made no court appearances and filed no pleadings or briefs, and returned only $2,000 of the fee. He also did not respond to an ARDC subpoena.

Lori Kieffer Ms. Kieffer was licensed in Illinois in 2001 and in Iowa in 2002. The Supreme Court of Iowa suspended her with no possibility for reinstatement for one year. While representing a client in a criminal matter, she falsified her client’s signature on a written arraignment form and then made misrepresentations to the court about what she had done. The Supreme Court of Illinois imposed reciprocal discipline and suspended her for one year and until further order of the Court.

K.O. Johnson Mr. Johnson, who was licensed in 1996, was disbarred on consent. His misconduct arose from his August 2021 convictions of four counts of bankruptcy fraud and three counts of concealment of assets, for which he was sentenced to two years in prison.

Everyone who is currently or was in the past licensed to practice law in Illinois does so through the Attorney Registration and Disciplinary Commission (ARDC).  Sometimes I will look up the name of a lawyer for their contact information and see the name of a similar attorney from the early 1800’s. It’s kind of wild, but a great tool for knowing if any specific person is currently authorized to practice law or ever was in the past.

The ARDC released their annual report recently and it had a lot of interesting information.  Currently there are over 95,000 people licensed to practice law and more than 66,500 of those are in Illinois, with almost 29,000 living/working outside of Illinois. It’s not uncommon for someone to get admitted here and then move out of state and either work remotely or get a license in their new state. They keep their Illinois license active for many reasons including convenience, referral fees and because they still do work here.

Approximately 60% of the licensed lawyers are male and 40% are female with .07% reporting as non-binary. I would expect that women will narrow the gap as time goes on. About 47% of all attorneys have been practicing for between 11-30 years so there are a lot of experienced lawyers out there.  Just 10% have less than five years experience and 2% have more than 50 years experience. Generally speaking I tell people not to hire someone too young or too old that they aren’t doing law full time anymore. Just because you have an active law license doesn’t mean you are actively working.

Of the attorneys located in Illinois, 87% of them are in the Chicago area with over 47,000 of those in Cook County alone. So as you get downstate, sometimes it can be more challenging to find the right attorney.  27% of attorneys are solo practicioners meaning that there are no other attorneys in their firm.  26% of lawyers work in firms with over 100 lawyers and another 26% work in firms with 2-10 lawyers.

In 2021, there were 3,881 grievances against 2,979 lawyers representing 3.1% of all registered lawyers.  The main allegations were neglect, failure to communicate, improper billing and incompetence. The two most common areas of complaint were criminal law and family law. Together they comprised over half the allegations.

The number one reason for discipline against attorneys was fraud. In my experience of reading these findings that usually means they stole or misappropriated funds.  In 2021, 16 attorneys were disbarred which means they can never practice law again. That tells you that they did something serious. 12 others were given indefinite suspensions.

Of the 83 attorneys in total who were disciplined last year, 70% of those were solo practicioners. That can be a warning sign for you when it comes to hiring a lawyer. Sometimes these attorneys don’t have a good support staff or become bogged down by too many cases, but can’t afford to hire someone to help. Other times they take on cases they shouldn’t because they need the money. I’m not saying you should never hire a one lawyer firm, but you should think about if there aren’t better choices.

When an Illinois attorney steals from a client, the ARDC has a program in place to help you recover some of your lost funds. Last year they gave out over $715,000.00 from 58 claims against 31 different lawyers. I doubt that everyone was made whole, but every little bit helps.  22% of those payments came from real estate or loan modification cases.

The ARDC to their credit is also worried about substance abuse and mental illness.  183 attorneys were monitored for this issue with 40 of those referred for treatment help.

It’s great that this information is so public and transparent. If you want to read the full report go to their site.

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