In Re Cetwinski

574 N.E.2d 645, 143 Ill. 2d 396, 158 Ill. Dec. 532, 1991 Ill. LEXIS 43
CourtIllinois Supreme Court
DecidedMay 30, 1991
Docket70863
StatusPublished
Cited by6 cases

This text of 574 N.E.2d 645 (In Re Cetwinski) is published on Counsel Stack Legal Research, covering Illinois Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Cetwinski, 574 N.E.2d 645, 143 Ill. 2d 396, 158 Ill. Dec. 532, 1991 Ill. LEXIS 43 (Ill. 1991).

Opinion

JUSTICE CLARK

delivered the opinion of the court:

This case comes before us on the reports and recommendations of the Hearing Board and the Review Board. Respondent, Nicholas Alexander Cetwinski, was charged by the Administrator of the Attorney Registration and Disciplinary Commission in a five-count complaint with violating provisions of the Illinois Code of Professional Responsibility. Specifically, the Administrator charged that respondent improperly divided fees for legal services and improperly shared legal fees with a nonlawyer in violation of Disciplinary Rules (DRs) 1 — 102(aX5), 2— 107(a) and 3 — 102(a) of the Illinois Code of Professional Responsibility and Supreme Court Rule 771; engaged in illegal conduct involving moral turpitude by preparing and mailing false billing statements to the Village of Streamwood in violation of DRs 1 — 102(a)(3), (a)(4) and (a)(5) and Supreme Court Rule 771; engaged in dishonesty, fraud, deceit and misrepresentation by making improper payments to a public official, and improperly sharing fees with that nonlawyer in violation of DRs 1— 102(a)(4), (a)(5) and 3 — 102(a) and Supreme Court Rule 771; engaged in dishonesty, fraud, deceit, and misrepresentation by providing several false statements to government investigators in an attempt to cover up his fraudulent activities in violation of DRs 1 — 102(a)(4) and (a)(5) and Supreme Court Rule 771; and engaged in illegal conduct by claiming an unlawful payment to a public official as a business deduction on his income tax return in violation of DRs 1 — 102(a)(3), (a)(4) and (a)(5) and Supreme Court Rule 771. 107 Ill. 2d Rules 1 — 102, 2 — 107, 3-102, 771.

The Hearing Board found that respondent was guilty of all the charges set forth in the complaint, and recommended that the respondent be suspended from the practice of law for two years commencing July 31, 1989. The Administrator filed an exception to the recommendation of the Hearing Board, arguing that respondent should be disbarred. The Review Board concurred with the findings of fact, conclusions of law and the recommendation of the Hearing Board. Subsequently, the Administrator filed an exception to the recommendation of the Review Board, asking that the respondent be disbarred. Neither the facts in this matter, nor respondent’s guilt, are in dispute. The only issue to be decided is the appropriate sanction to be imposed on respondent.

Respondent was admitted to practice law in Illinois on November 16, 1984. Initially, he was employed at the Illinois State’s Attorney’s Appellate Service Commission in the newly created labor unit. The labor unit consisted of respondent and his supervisor, Eugene Armentrout. On January 13, 1984, Armentrout was suspended from the practice of law for two years. (See In re Armentrout (1983), 99 Ill. 2d 242.) Respondent learned of Armentrout’s suspension during the initial stages of his employment with the labor unit. Respondent earned $1,000 per month for his work at the Appellate Service Commission.

At this time, respondent also began a general solo practice from an office in his home in LaGrange. In 1986, respondent moved his solo practice to an office located at 1105 West Burlington in Western Springs.

In the fall of 1985, Armentrout asked respondent if he would be interested in representing the Village of Streamwood on its labor issues. Armentrout told respondent that in order to be considered for this position, respondent would have to pay Armentrout a referral fee equal to one-third of all fees respondent received from the village. Respondent agreed to pay this referral fee after Armentrout assured respondent that, although he was suspended from the practice of law, Armentrout was an “attorney” and that the referral fee would be appropriate. Subsequently, in November 1985, respondent’s services were retained by the Village of Streamwood.

From November 1985 through February 1988, respondent provided legal services to the Village of Streamwood on its labor issues. Respondent’s responsibilities included conducting formal and informal contract negotiations with the various unions which represented the employees of the public works, police and fire departments, as well as negotiating unfair-labor-practice charges filed against the various departments. As the village’s labor attorney, respondent billed the village at the beginning of each month for services rendered during the prior month at $65 per hour.

From February 1986 through December 1987, respondent issued 13 checks to Armentrout totaling $9,765.04. These payments represented the one-third referral fee to Armentrout. While these referral fee payments were being made, respondent consulted with Armentrout regarding the matters he was handling for the village. However, Armentrout never assumed any legal responsibility for respondent’s services. In addition, pursuant to Armentrout’s instructions, respondent never informed the village board that he was paying Armentrout a referral fee.

Furthermore, at the time respondent made the first three referral payments to Armentrout, Armentrout was suspended from the practice of law. The checks issued by respondent to Armentrout on February 3, 1986, February 28, 1986, and March 27, 1986, represented referral fees for respondent’s November and December 1985 and January 1986 billings, respectively. During November and December 1985 and until January 13, 1986, Armentrout was suspended from the practice of law.

From November 1985 through February 1988, respondent reported to and worked directly with Edward Emond, the manager of the Village of Streamwood. Respondent needed to obtain the approval of Emond on all negotiations, settlement agreements and contracts prior to their being presented to the village board. Beginning in January 1986, Emond began suggesting to respondent that, since respondent was billing the village for a substantial amount of hours, Emond should be receiving some compensation. Initially, respondent refused to pay Emond and, in fact, pointed out to Emond that he was not an attorney and therefore could not receive a referral fee. However, respondent did agree to make several political contributions at the suggestion of Emond. Thereafter, respondent made four political contributions totaling $800.

Throughout 1986, Emond continued to suggest to respondent that he should be receiving compensation from respondent. Respondent contacted Armentrout for assistance in handling Emond’s requests for compensation. In November 1986, Armentrout informed respondent that Emond “was beginning to be a problem and could cause problems with respondent’s labor negotiations.” As a result, Armentrout suggested that respondent bill the Village of Streamwood for a meeting with Emond at the end of every month, whether or not the meeting actually occurred. Further, Armentrout suggested that respondent take the legal fees received from the village for those meetings and give that amount to Emond prior to deducting Armentrout’s one-third referral fee. Respondent agreed to make these payments to Emond.

Beginning in December 1986 and continuing until April 1987, respondent made five payments to Emond totalling $1,212.50. These payments represented the fees respondent received from the village for five purported meetings with Emond. These meetings were itemized on respondent’s monthly billings to the village for November 1986 through March 1987.

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Cite This Page — Counsel Stack

Bluebook (online)
574 N.E.2d 645, 143 Ill. 2d 396, 158 Ill. Dec. 532, 1991 Ill. LEXIS 43, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-cetwinski-ill-1991.