In Re Polito

547 N.E.2d 465, 132 Ill. 2d 294, 138 Ill. Dec. 298, 1989 Ill. LEXIS 154
CourtIllinois Supreme Court
DecidedNovember 22, 1989
Docket68664
StatusPublished
Cited by11 cases

This text of 547 N.E.2d 465 (In Re Polito) 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 Polito, 547 N.E.2d 465, 132 Ill. 2d 294, 138 Ill. Dec. 298, 1989 Ill. LEXIS 154 (Ill. 1989).

Opinion

CHIEF JUSTICE MORAN

delivered the opinion of the court:

Petitioner, Anthony Joseph Polito, was disbarred on consent (107 Ill. 2d R. 762) on April 20, 1984. On June 17, 1988, petitioner filed his amended petition for reinstatement to the roll of attorneys pursuant to Supreme Court Rule 767 (107 Ill. 2d R. 767). The Administrator of the Attorney Registration and Disciplinary Commission (ARDC) filed objections to the petition. The hearing panel found that petitioner was rehabilitated and recommended that the petition be allowed. A majority of the Review Board also recommended that the petition be allowed. One member of the Review Board dissented and recommended that the petition be denied. The Administrator filed exceptions to the report and recommendation of the Review Board (107 Ill. 2d R. 753(e)(5)).

The only issue presented is whether petitioner should be reinstated to the roll of attorneys.

Petitioner was admitted to practice law in Illinois on November 18, 1965. Following his admission, petitioner held a variety of legal positions until 1970, when he opened his private practice. In 1976, petitioner converted a client’s $120 bond refund. Four years later, in October 1980, while disciplinary proceedings were pending against him for the 1976 conversion, petitioner converted approximately $4,400 in clients’ funds.

On November 26, 1980, a Review Board reprimanded petitioner for the 1976 conversion. Less than, three years later, on October 28, 1983, a Review Board recommended that petitioner be disbarred for the 1980 conversions; the 1976 conversion was an aggravating factor. On April 20, 1984, petitioner was disbarred on consent (107 Ill. 2d R. 762).

On April 25, 1984, five days after petitioner was disbarred on consent, Michael Duerr retained him as defense counsel and received his business cards, which represented that he was an attorney. On May 16, 1984, petitioner went to court, entered his appearance on Duerr’s behalf and obtained a continuance. On June 20, 1984, petitioner and Duerr went to the courthouse for a scheduled court date. While at the courthouse, an assistant State’s Attorney approached petitioner and confronted him with his disbarment and engagement in the unauthorized practice of law. Petitioner fled the courthouse. Duerr later learned that petitioner was not licensed to practice law.

On September 12, 1984, petitioner applied for a position as an automobile salesman at Mont Clare Pontiac in Chicago. In his employment application, petitioner listed his present position as a “SELF-EMPLOYED ATTORNEY,” when, in fact, he had been disbarred five months earlier.

On September 19, 1984, petitioner began working at Mont Clare Pontiac. On January 15, 1985, petitioner’s employment with Mont Clare Pontiac was terminated, and one week later, on January 21, 1985, he began working at Borg Pontiac in Downers Grove, Illinois.

On January 25, 1985, petitioner sent letters to his clients notifying them that he could not continue to represent them. Supreme Court Rule 764 requires such letters and provides in part: “[w]ithin 21 days after an attorney has been *** disbarred on consent *** the attorney shall notify *** all clients to whom he is responsible for pending matters, of the fact that he cannot continue to represent them.” (107 Ill. 2d R. 764.) Consequently, the letters which petitioner sent to his clients failed to comply with Rule 764, because they were sent over nine months after he was disbarred on consent.

On February 25, 1985, petitioner’s employment at Borg Pontiac was terminated. On March 4, 1985, petitioner began working at Thomas Dodge in Orland Park, Illinois. On March 8, 1985, petitioner voluntarily terminated his employment at Thomas Dodge in order to begin working at Olympia Dodge in Countryside, Illinois. On March 9, 1985, petitioner began working at Olympia Dodge and three weeks later, on March 27, 1985, his employment was terminated. On April 11, 1985, petitioner began working as a telephone salesman for Dial America Marketing, Inc., a telemarketing firm.

On May 10, 1985, while still employed by Dial America Marketing, petitioner submitted a verified employment application for a public aid caseworker position with the Illinois Department of Public Aid (IDPA). Petitioner’s verified employment application contained the following misrepresentations: (1) in response to the question “Have you ever been discharged from a job?” petitioner indicated “no,” when, in fact, he had been disbarred as an attorney and discharged from three automobile salesman positions; (2) petitioner indicated that he was a “SELF-EMPLOYED [ATTORNEY]” from July 1970 to September 1984, and further indicated that his reason for leaving his practice was “PERSONAL,” when, in fact, he had been disbarred in April 1984; (3) petitioner indicated that he had been employed at Mont Clare Pontiac from September 1984 through April 1985, when, in fact, his employment was terminated by Mont Clare Pontiac on January 15, 1985. On May 11, 1985, petitioner was hired by the IDPA and he began working there on May 13,1985.

On May 1, 1987, less than two years after he began working at the IDPA, petitioner submitted a false travel voucher and record for the period of March 23, 1987, through April 30, 1987. The false documents were submitted in order to conceal petitioner’s unauthorized absences from work. On May 11, 1987, petitioner asked about the status of his travel voucher and his supervisor told him that there were questions about it. Petitioner then admitted that he had submitted a false travel voucher and record. In order to remedy the falsified documents, petitioner prepared a list of the visits that he failed to make and submitted a corrected travel voucher and record. Petitioner also testified that he may have submitted false travel vouchers and records in both January 1987 and February 1987.

On June 17, 1988, petitioner filed his amended petition for reinstatement. On July 6, 1988, petitioner told his IDPA supervisor that he needed the day off because his daughter was sick, when, in fact, he wanted the day off to attend a deposition in the present action.

The following facts occurred prior to petitioner’s disbarment, but are relevant to his character. After opening his private practice in 1970, petitioner accepted cash from clients as payment for professional services rendered; however, he would not always report his cash income to the proper authorities. Petitioner continued this practice until 1981, when he was audited by both the Internal Revenue Service (IRS) and the Illinois Department of Revenue (IDR) for the tax year 1980. The IRS and the IDR discovered petitioner’s failure to report cash income in 1980. Consequently, petitioner paid both a civil fraud penalty and the taxes on the unreported 1980 cash income.

Between the mid-1970s and the early-1980s, petitioner hustled clients and paid bribes to sheriffs and clerks outside the courtrooms at 11th and State Streets. Petitioner paid the bribes in order to get his cases called by the court.

In 1979, a judge, later prosecuted and convicted of acts involving dishonesty, approached petitioner and proposed a fee-splitting arrangement to him.

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Cite This Page — Counsel Stack

Bluebook (online)
547 N.E.2d 465, 132 Ill. 2d 294, 138 Ill. Dec. 298, 1989 Ill. LEXIS 154, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-polito-ill-1989.