Illinois Supreme Court disbars 2, suspends 16 in latest disciplinary filing
The Supreme Court of Illinois has announced the filing of lawyer disciplinary orders entered during the January Term of Court. The court disbarred two lawyers, suspended 16, reprimanded three and censured three. Sanctions were imposed because the lawyers engaged in professional misconduct by violating state ethics law.
DISBARRED
- Barry M. Orlyn, Los Angeles
Mr. Orlyn was licensed to practice in Illinois in 1960 and in California in 1965. He was disbarred by the Supreme Court of California for failing to file an affidavit attesting that he had notified all clients of a previous disciplinary suspension from the practice of law in that state. The Supreme Court of Illinois imposed reciprocal discipline and disbarred him.
- David G. Stokes, Madison, Wis.
Mr. Stokes was licensed in Illinois in 1975 and in Wisconsin in 1978. The Supreme Court of Wisconsin revoked his license. He committed felony theft when he fraudulently billed the Wisconsin State Public Defender’s Office and fraudulently billed clients. In addition, he committed perjury, lied to a court, incompetently practiced in the bankruptcy court, incompetently represented a client in a foreclosure action and improperly deposited that client's advanced fees in his business account. The Supreme Court of Illinois imposed reciprocal discipline and disbarred him.
SUSPENDED
- Bradley F. Aubel, Libertyville
Mr. Aubel, who was licensed in 1997, was suspended on an interim basis and until further order of the Court. He has been charged in federal court with wire fraud, mail fraud, and obstruction of justice. He allegedly created and submitted false tax returns to a car dealership and the Department of Education for his own personal financial gain. In addition, he has been charged with using threats and bribery to obstruct the government’s investigation into his alleged involvement in a credit card fraud scheme. (Order entered on January 3, 2013)
- Kevin J. Barry, Chicago
Mr. Barry, who was licensed in Illinois in 1994, was suspended for 60 days. He prepared a will for an elderly client, but failed to have it properly witnessed. He then affixed the signature of a purported witness to the will and had his secretary notarize the document. After the client died, he agreed to represent the estate executor, and filed the invalid will in the probate court. The suspension is effective on February 8, 2013.
- Daniel James Briegel, Union, Mo.
Mr. Briegel was licensed in Illinois in 1994 and in Missouri in 1993. He was suspended indefinitely in Missouri with no leave to apply for reinstatement for at least two years, with the suspension stayed by a three-year period of probation subject to conditions. He neglected client matters, failed to provide refunds of unearned fees, did not provide clients with their documents after the termination of his representation, misused his client trust account, and failed to cooperate with the Missouri disciplinary authorities. The Supreme Court of Illinois imposed reciprocal discipline and suspended him for two years and until further order of the Court with the suspension stayed in its entirety by a three-year period of probation, subject to the same conditions imposed in Missouri.
- Philip William Collins, III, Chicago
Mr. Collins, who was licensed in Illinois in 1990, was suspended for 60 days and until further order of the Court, with the suspension stayed in its entirety by a three-year period of conditional probation. He failed to communicate with his client or take any action to resolve a title dispute matter related to the client’s purchase of an automobile. He also neglected another client’s employment discrimination matter, resulting in her state and federal claims becoming time-barred. Finally, a check that he gave to the client in the employment matter for the refund of unearned legal fees was twice returned for insufficient funds.
- Lisa M. Crawford, New Carlisle, Ind.
Ms. Crawford, who was licensed in 2000, was suspended for six months. In 2011, while employed as an associate attorney for a Chicago law firm, she recorded approximately 208 hours for work she falsely claimed to have done on three clients’ behalf. The suspension is effective on February 8, 2013.
- Theodore Lajuan Durham, Chicago
Mr. Durham, who was licensed in Illinois in 2001, was suspended for one year and until further order of the Court. He neglected two different client matters, did not refund unearned fees, practiced law in a jurisdiction where he was not licensed, and continued to practice law after his name had been removed from the Master Roll of Attorneys for failing to register and fulfill his minimum continuing legal education requirements. He failed to appear at his disciplinary hearing.
- Barry Allan Footlick, Chicago
Mr. Footlick, who was licensed to practice in 2005, was suspended for six months and until he makes certain restitution. He neglected a client matter and made misrepresentations to that client about the status of the matter. In addition, he converted $2,400 from his law firm and made misrepresentations to the law firm about his use of the money. The suspension is effective on February 8, 2013.
- Gerald Laurence Gold, Deerfield
Mr. Gold, who was licensed in 1974, was suspended for three years and until further order of the Court, with the suspension stayed after six months and until he successfully completes the terms of a criminal sentence, including parole and probation, followed by a two-year period of disciplinary probation subject to conditions. He was suspended on an interim basis on July 21, 2009, after he was found guilty of felony aggravated driving under the influence and felony failure to report an accident involving death. The suspension is effective on February 8, 2013.
- G. Ronald Kesinger, Jacksonville
Mr. Kesinger, who was licensed in Illinois in 1973, was suspended for six months. He revealed confidential information told to him by a client concerning the client’s actions during a shooting, resulting in that client’s conviction for felony-murder. He also breached his fiduciary duty to another client in an attempt to obtain a larger fee for himself and then converted $4,000 of the client’s bond refund. The suspension is effective on February 8, 2013.
- Steve Anthony Kubiatowski, Chicago
Mr. Kubiatowski, who was licensed to practice in 1963, was suspended for one year and until further order of Court. He breached his fiduciary duties to three different elderly and impaired clients by drafting estate-planning documents that allowed others to take advantage of the clients and deplete their assets. He did not adequately explain to his clients the import of the documents that they were signing. He also provided them with incorrect information about the powers they were granting their agents. In one matter, he also favored his own interests over his client’s by writing checks to himself for unreasonable fees for the work he completed, thereby depleting the assets the client needed for nursing care.
- Caryn H. Nadenbush, St. Louis, Mo.
Ms. Nadenbush, who was licensed in 1997, was suspended for 90 days and ordered to successfully complete the ARDC Professionalism Seminar. She engaged in ex parte communications with a workers’ compensation arbitrator in four cases and made a misrepresentation to the ARDC during the disciplinary investigation. The suspension is effective on February 8, 2013.
- Kevin Nedved, Chicago
Mr. Nedved, who was licensed in 1986, was suspended for two years and until further order of the Court, with the suspension stayed after six months in favor of a two-year period of conditional probation. He neglected more than sixty collection cases. In addition, he provided false status reports, and fabricated court orders, to the law firm that referred the collection matters to him. The suspension is effective on February 8, 2013.
- Joseph R. Pigato, Chicago Heights
Mr. Pigato, who was licensed in 1965, was suspended for 30 days. He directed his administrative assistant to sign a will as a witness, even though the will had not yet been signed by his client and the client was not then present. He also signed the will as an additional witness, despite the fact that the client had not signed it and was not in his presence. Later, he filed the falsely-witnessed will in court. Finally, he also improperly notarized the client’s signature on a trust document. The suspension is effective on February 8, 2013.
- Dwight Lee Shoemaker, Aledo
Mr. Shoemaker, who was licensed to practice in 1968, was suspended for 30 days and until he makes certain restitution. He collected an unreasonable fee in a probate matter when he paid himself $35,000 in executor fees and $65,000 in attorney fees in the same matter. In addition, he failed to make reasonable efforts to close that estate. The suspension is effective on February 8, 2013.
- Hala Souman, Chicago
Ms. Souman, who was licensed in 2000, was suspended for five months. She converted $11,704 in funds she was supposed to hold in escrow in connection with two separate real estate transactions. The suspension is effective on February 8, 2013.
- Albert Max Wanninger, Chicago
Mr. Wanninger, who was licensed in Illinois in 1970, was suspended for three years and until further order of the Court, with the suspension retroactive to August 3, 2011, the date of his interim suspension. He filed false income tax returns for tax years 2006 through 2008 that, altogether, underreported his income by more than $2,000,000.
REPRIMANDED
- Kwadwo Jones Armano, St. Louis
Mr. Armano was licensed in Illinois in 1989 and in Missouri in 1990. He was reprimanded in Missouri for commingling his personal funds with client funds and for failing to maintain complete and accurate recordkeeping of his client trust account. The Supreme Court of Illinois imposed reciprocal discipline and reprimanded him.
- Leslie Gayle Spira, Tucson, Ariz.
Ms. Spira was licensed in Illinois in 1987 and in Arizona in 1988. She was reprimanded in Arizona for making misrepresentations to police and interfering with a police investigation following an altercation between guests at her home. The Supreme Court of Illinois imposed reciprocal discipline and reprimanded her.
- Everett Walton, Wailuku, Hawaii
Mr. Walton was licensed in Illinois in 1975, in Hawai’i in 1977, and in Oregon in 1996. He was publicly reprimanded in both Hawaii and Oregon for accessing the Westlaw account of his former employer, the Office of the Special Prosecutor for the Republic of Palau, without permission. He used the former employer’s account for more than 100 hours over a 16-month period. Had he accessed Westlaw without using his former employer’s account, he would have incurred substantial charges. The Supreme Court of Illinois imposed reciprocal discipline and reprimanded him.
CENSURED
- Tammy Lynn Norek, Burr Ridge
Ms. Norek, who was licensed in 1994, was censured. She neglected a short sale matter, failed to refund an unearned fee, and initially failed to cooperate with the ARDC.
- Robert Stuart Pinzur, Long Grove
Mr. Pinzur, who was licensed in 1978, was censured and required to complete the ARDC Professionalism Seminar. He engaged in an improper fee-sharing arrangement with a non-lawyer. In addition, he engaged in the unauthorized practice of law when he prepared estate planning documents on behalf of a client who resided in North Carolina, a state in which he is not licensed.
- John Wesley Wyatt, Chicago
Mr. Wyatt, who was licensed in 1987, was censured. He represented a criminal defendant in federal court without the requisite knowledge of federal criminal procedure and federal sentencing guidelines to competently defend his client.