In Re Ingersoll

710 N.E.2d 390, 186 Ill. 2d 163, 237 Ill. Dec. 760, 1999 Ill. LEXIS 26
CourtIllinois Supreme Court
DecidedMarch 18, 1999
Docket85127
StatusPublished
Cited by4 cases

This text of 710 N.E.2d 390 (In Re Ingersoll) 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 Ingersoll, 710 N.E.2d 390, 186 Ill. 2d 163, 237 Ill. Dec. 760, 1999 Ill. LEXIS 26 (Ill. 1999).

Opinion

JUSTICE MILLER

delivered the opinion of the court:

The present case consolidates two separate disciplinary actions brought by the Administrator of the Attorney Registration and Disciplinary Commission against the respondent, Chase Ingersoll. In the first proceeding, the Hearing Board found that respondent participated in filing a false document in court, commingled personal funds with client funds, and betrayed the confidences of a client. The Hearing Board recommended that respondent be suspended from the practice of law for three years and until further order of the court. The Review Board affirmed the Hearing Board’s findings and recommended the same sanction. In the second proceeding, the Hearing Board found that respondent filed two false documents in court. The Hearing Board believed that this misconduct alone would warrant a one-year suspension; considering the instances of misconduct committed by respondent in both matters, the Board recommended his disbarment. On the Administrator’s motion, we ordered the second disciplinary matter transferred to this court and consolidated with the first one, bypassing the Review Board. Respondent has filed exceptions to the findings and recommendations in the two actions. The Administrator requests that respondent be disbarred. For the reasons stated below, we agree with the Administrator that disbarment is the appropriate sanction.

Respondent was graduated from law school in May 1994 and was admitted to the Illinois bar in November 1994. The Administrator filed a three-count complaint, designated 96 SH 358, against respondent on March 28, 1996. The Administrator later amended the complaint on June 11, 1996, by alleging an additional charge of misconduct. The Administrator initiated a separate proceeding against respondent, No. 97 SH 84, by filing a one-count complaint on August 21, 1997. Before this court, respondent challenges the sufficiency of the evidence of his misconduct on two of the charges in the initial proceeding; he does not now contest the charge of misconduct involved in the second proceeding. In addition, respondent disputes the Administrator’s recommendation that he be disbarred for his misconduct. We will consider the relevant allegations, evidence, and findings in the sequence in which the misconduct was charged. We will then consider what sanction should be imposed on respondent.

The first charge of misconduct in 96 SH 358 involved respondent’s representation of a client, Paul Flexner, in a slander suit by Flexner against his employer, Bradley University; Flexner was a professor in the Bradley art department. The charges concerned respondent’s role in the preparation and filing of a pauper’s affidavit Flexner filed in circuit court in connection with the slander suit. The form, entitled “Application to Sue or Defend as a Poor Person,” sought information on the applicant’s financial standing. Question 4, regarding real and personal property, stated, “Applicant owns (A) no real estate except: (Location and Value),” and was followed by a blank line on which the applicant could provide information regarding his interests in real estate. Flexner’s application did not contain any answer for question 4A. Flexner, however, owned a home in Morton, where he lived with his wife and three sons.

At the hearing, Flexner testified that he and respondent had prepared the form together. Flexner testified that he and respondent discussed the question regarding real estate, that he told respondent that he had about $30,000 to $35,000 in equity in his home, and that he owed about $88,000 on it. Flexner also said that he would have told someone inquiring about his residence that the bank owned the house and that he might own it after the passage of some 20 years. Flexner stated affirmatively, however, that respondent knew that Flexner owned a house and was making payments on it.

Respondent has provided two different explanations in these proceedings regarding his role in preparing and filing the pauper’s affidavit. One version of events is found in a statement he sent the Administrator while the matter was under investigation. In a letter dated November 22, 1995, respondent said:

“I drafted the complaint for Flexner, but Flexner did not have the money to front the filing fees. I took his statements at face value and told him to fill [sic] go to the courthouse and file for pauper’s status. He went and did that, returned the paperwork to me. I filed the case.”

Respondent related a different recollection in his testimony before the Hearing Board — one that was at variance both with his earlier letter to the Administrator and with Flexner’s own testimony. According to respondent, he “may have” sent Flexner to the county courthouse to file the complaint, and Flexner “may have” come back and explained that he did not have enough money to pay the filing fee. Respondent said that he and Flexner then returned to the courthouse so that the client could submit a pauper’s affidavit. Respondent filled out the affidavit, relying either on information he already knew about Flexner or on answers provided by Flexner to questions on the affidavit. Respondent then signed the affidavit as Flexner’s lawyer. Regarding question 4A, real estate, respondent could not remember asking Flexner about this subject. Respondent stated that he did not then know that Flexner owned a home.

With respect to this portion of the complaint, the Hearing Board, in its written order, found that respondent engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation, in violation of Rule 8.4(a)(4) of the Rules of Professional Conduct (134 Ill. 2d R. 8.4(a)(4)); made a statement of material fact or law to a tribunal that he knew or reasonably should have known was false, in violation of Rule 3.3(a)(1) (134 Ill. 2d R. 3.3(a)(1)); offered evidence that he knew to be false and failed to take reasonable remedial measures to correct it, in violation of Rule 3.3(a)(4) (134 Ill. 2d R. 3.3(a)(4)); made a false statement of fact or law that he knew or reasonably should have known was false, in violation of Rule 4.1(a) (134 Ill. 2d R. 4.1(a)); and engaged in conduct that tended to defeat the administration of justice or bring the courts or the legal profession into disrepute, in violation of Rule 8.4(a)(5) and Supreme Court Rule 771 (134 Ill. 2d Rs. 8.4(a)(5), 771). The Review Board affirmed the Hearing Board’s findings. Also, the Review Board declined to consider an affidavit signed by Flexner and submitted by respondent. The affidavit contradicted Flexner’s own testimony at the hearing, and stated that he did not discuss the exact value of the property with respondent. The Review Board noted that the affidavit was not part of the record developed before the hearing panel and therefore believed that consideration of the document would be improper. In addition, the Review Board noted the heavy presumption against recanted testimony in criminal proceedings and thought that a similar presumption should apply in these circumstances.

The Administrator must establish charges of lawyer misconduct by clear and convincing evidence. In re Witt, 145 Ill. 2d 380, 389 (1991); In re Kitsos, 127 Ill. 2d 1, 7-8 (1989); 134 Ill. 2d R. 753(c)(6). Respondent contends here that the Administrator failed to establish count I, relating to the representation of Flexner, and challenges the Hearing Board’s finding that he took part in the submission of a false affidavit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State ex rel. Counsel for Dis. v. Tonderum
Nebraska Supreme Court, 2013
In re Marriage of Eberhardt
Appellate Court of Illinois, 2008
In Re Daugherty
180 P.3d 536 (Supreme Court of Kansas, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
710 N.E.2d 390, 186 Ill. 2d 163, 237 Ill. Dec. 760, 1999 Ill. LEXIS 26, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ingersoll-ill-1999.