In Re Tepper

533 N.E.2d 838, 126 Ill. 2d 109, 127 Ill. Dec. 756, 1988 Ill. LEXIS 172
CourtIllinois Supreme Court
DecidedDecember 15, 1988
Docket65692
StatusPublished
Cited by6 cases

This text of 533 N.E.2d 838 (In Re Tepper) 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 Tepper, 533 N.E.2d 838, 126 Ill. 2d 109, 127 Ill. Dec. 756, 1988 Ill. LEXIS 172 (Ill. 1988).

Opinion

JUSTICE MILLER

delivered the opinion of the court:

On March 6, 1985, the Administrator of the Attorney Registration and Disciplinary Commission (ARDC) filed a one-count complaint against respondent, Ivan H. Tepper, charging him with professional misconduct in his handling of a client matter. A panel of the Hearing Board found against respondent on the charges of the complaint and recommended that he be suspended from the practice of law for six months. Respondent filed, with the Review Board, exceptions to the Hearing Board’s report and recommendation. The Review Board concurred in the Hearing Board’s report and recommendation, and respondent then filed exceptions with this court. See 107 111. 2d R. 753(eX5).

Respondent was admitted to the practice of law on November 17, 1969, and at the time of this matter was engaged in a general law practice with an emphasis in litigation. Since 1977, one of respondent’s clients was Peter Vole, Jr., whom respondent had represented in a number of matters and with whom respondent had become social friends. In January 1982, Vole referred his girlfriend, Janet Wiswald (formerly Janet Hoffelt), to respondent, and Wiswald retained respondent to represent her in a post-dissolution proceeding brought by Wiswald’s former husband, Joseph Hoffelt. (Hoffelt v. Hoffelt (Lake Co. Cir. Ct.), No. 80 — D—2179.) Respondent successfully represented Wiswald in this matter.

In the fall of 1982, Wiswald and Hoffelt decided that Wiswald would buy out Hoffelt’s interest in the former marital home and assume the expenses associated with it. Wiswald again retained respondent, this time to represent her in negotiating an agreement with her former husband. The parties reached an agreement, and an order reflecting that agreement was entered on December 20, 1982. The order provided that Wiswald would pay Hoffelt $10,000 in 10 monthly installments of $1,000 each, in exchange for which Hoffelt would deed his interest in the former marital home to Wiswald. Respondent was to hold in escrow a quitclaim deed relinquishing Hoffelt’s interest to Wiswald and record the deed upon Wiswald’s payment of the $10,000. Hoffelt signed a quitclaim deed naming Wiswald as the sole grantee and delivered the deed to respondent as the escrowee.

During 1982 and the first half of 1983, Wiswald and Vole were living together at the former marital residence in Lake Villa, Illinois. Wiswald worked part-time for Vole in various businesses, earning approximately $50 a week. After the order of December 20, 1982, Vole began making mortgage payments on the home, as well as paying the utility bills and other expenses associated with the property. Because Wiswald did not have the $10,000 necessary to purchase her ex-husband’s interest in the house, Vole provided Wiswald with $7,000 to make the first seven payments. Wiswald deposited the $7,000 in her checking account and then paid $6,000 of it to Hoffelt as the payments became due. The seventh scheduled payment, however, was missed by agreement of Wiswald and Hoffelt. Wiswald retained the $1,000 for her own use, although Vole was unaware of this fact.

During the same period in 1982 and 1983, Wiswald and Vole broke off and then reestablished their relationship several times, and, at one time, they were engaged to be married. During their relationship, they were friends of and frequently socialized with respondent and his wife. In February 1983, while Wiswald and Vole were engaged, Wiswald instructed respondent to add Vole’s name to the quitclaim deed from Hoffelt that respondent held in escrow. Respondent agreed, added Vole’s name to the deed, and initialed the change.

In August 1983, Wiswald and Vole were not getting along and Wiswald went to Arkansas with her mother and daughter. On August 18, while Wiswald was in Arkansas, Vole delivered to Hoffelt’s attorney his business check for $3,000, which Vole believed would pay off the $10,000 owed to Hoffelt. On the evening of August 18, Wiswald received a telephone call from her sister informing her that Vole was holding an open house at the property in Lake Villa. Wiswald then called Hoffelt, who told her that his attorney had received a $3,000 check from Vole and that he did not know whether he should accept it. Wiswald asked Hoffelt not to do anything with the check until she returned, and Hoffelt agreed. Wiswald then telephoned respondent that same evening and told him that she and Vole were not getting along and that she believed Vole was “up to something.” Wiswald instructed respondent not to do anything regarding the house until she returned from Arkansas.

The next day, August 19, Vole left with respondent’s secretary a copy of his check for $3,000 and a receipt for the check from Hoffelt’s attorney. Vole also told the secretary to have respondent record the deed held in escrow. Respondent called Vole and asked him whether all the money owed to Hoffelt had been paid. Vole stated that it had, not knowing that Wiswald had reserved the $1,000 for her own use. Respondent did not confirm Vole’s statement with Wiswald, or Hoffelt, or Hoffelt’s attorney. On August 19, 1983, respondent recorded the quitclaim deed transferring Hoffelt’s interest in the house to Wiswald and Vole as joint tenants.

When Wiswald returned from Arkansas, she ordered Vole out of the house. Vole then retained counsel, other than respondent, and sued Wiswald for partition of the property. (Vole v. Hoffelt [Wiswald] (Lake Co. Cir. Ct.), No. 83 — CH—621.) Wiswald retained counsel, other than respondent, to defend the suit, and she also filed a complaint with the ARDC regarding respondent’s conduct. The partition suit was ultimately settled by Vole and Wiswald.

The Administrator filed a complaint against respondent which alleged that by recording the deed at Vole’s request, and against his client’s instructions, respondent had violated the following rules of the Illinois Code of Professional Responsibility (107 Ill. 2d R. 1 — 101 et seq.): Rule 1 — 102(aX4) (engaging in conduct involving dishonesty, fraud, deceit or misrepresentation); Rule 5 — 107(a) (failing to avoid influence by one other than the client); Rule 7 — 101(aXl) (failing to seek the lawful objectives of his client); and Rule 7 — 101(a)(3) (intentionally causing prejudice or damage to his client during the course of the professional relationship).

At respondent’s hearing before a panel of the Hearing Board, the main issues in dispute concerned whether Wiswald had authorized respondent to add Vole’s name to the quitclaim deed, and whether Wiswald had instructed respondent not to do anything with the house until her return from Arkansas. Wiswald testified that she never told respondent to insert Vole’s name on the deed. Respondent, Vole, respondent’s wife and Wiswald’s former best friend all testified to the contrary.

Wiswald further testified that she had instructed respondent not to record the deed in her absence. She stated that, when she found out about Vole’s actions while she was in Arkansas, she immediately called respondent on August 18,1983. According to Wiswald, she told respondent during their phone conversation that she was not getting along with Vole and that she felt he was “up to something,” and that respondent should do nothing with the house before she returned. Wiswald’s mother confirmed her daughter’s story, stating that she was able to overhear Wiswald’s side of the phone conversation with respondent.

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

Related

People v. Fern
723 N.E.2d 207 (Illinois Supreme Court, 1999)
Tepper v. Copley Press, Inc.
Appellate Court of Illinois, 1999
Disciplinary Board v. Ellis
504 N.W.2d 559 (North Dakota Supreme Court, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
533 N.E.2d 838, 126 Ill. 2d 109, 127 Ill. Dec. 756, 1988 Ill. LEXIS 172, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tepper-ill-1988.