Professional Responsibility Section PRMCLE Meeting

DuPage Judicial Center – Attorney Resource Center 9/24/18

11:45 AM – Noon Welcome/Introductions Jamie Ryan, Section Vice Chair

Noon – 1:00 PM Program

Ethics Trends & Updates – I Wish I Was A Messenger & All The News Was Good Melissa A. Smart – Litigation Manager & Senior Counsel, Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois (ARDC)

See Attached for Speaker’s Bio

Ms. Smart will discuss current trends and hot topics in the area of Professional Responsibility & Ethics for Lawyers. This program will be a discussion of ARDC and Professional Responsibility trends, new cases, rule changes and other ethical topics relevant to lawyers.

Next Meetings: 10/22/18 - Limited Scope Representation: A New Tool for Your Toolkit

11/26/18 – Civility in the Courthouse

DCBA Events:  9/26/18 – Fall Member Picnic at Danada House

10/5/18 – ISBA/DCBA Presidents Golf Retreat

 

10/5/18 – Legal Answers Pro Bono Clinic at NIU & NIU Social for Law Studnets & Alumni

10/19/18 – Lawyers Lending a Hand – People’s Resource Center

Earn CLE Online!

DCBA OnDemand CLE is Now Powered by IICLE The Illinois Institute for Continuing Legal Education (IICLE®) and the DuPage County Bar Association (DCBA) are excited to offer a new IICLE®Share collaboration to provide DCBA members a high quality and reliable online learning experience. Members can find the link to The Illinois Institute for Continuing Legal Education (IICLE) on the DCBA website under “Legal Community”OnDemand CLE Online CLE Catalog

View & Print All CLE Certificates through the DCBA Website:

Manage Profile -> Professional Development (under content & features) and choose the icon to the left of each meeting to print your certificate directly or choose to have them emailed to you to save to your computer (you MUST be logged in to view this feature)

 

Melissa A. Smart

Illinois ARDC

WtM;

Melissa A. Smart is Litigation Group Manager and Senior Counsel at the Illinois AttorneyRegistration and Disciplinary Commission of the Supreme Court of Illinois (ARDC) where shesupervises a group of litigation attorneys and staff, investigates charges of lawyer misconductand prosecutes disciplinary cases. Ms. Smart obtained her B.A. in Liberal Arts and Sciencesfrom the University of Illinois at Urbana-Champaign. She received her law degree from TheJohn Marshall Law School, graduating cum laude. Ms. Smart began working at the ARDC as alaw clerk in 1997 and became Counsel for the Administrator in 1999. As a member of the

Commission's staff for over fifteen years, she has investigated thousands of charges ofprofessional misconduct and has been responsible for over 100 different formal disciplinaryproceedings filed in the Supreme Court of Illinois or before various Commission Boards. Shehas tried dozens of matters before the Commission Hearing Board.

Ms. Smart is past Chair of the YLS Professional Responsibility Committee of the Chicago BarAssociation and currently serves on the Illinois State Bar Association Standing Committee onthe Attorney Registration and Disciplinary Commission. She has lectured and presentedworkshops regarding professional responsibility and disciplinary law to numerous barassociation groups, government agencies, law firms, private organizations and law schools.She has appeared as a guest on various radio programs to discuss her knowledge of the Rulesof Professional Conduct and issues related to professional responsibility. She has beenselected to work on pilot programs for the Illinois Supreme Court Commission onProfessionalism, which have developed model courses on professional responsibility and CLEcourse facilitation. She was named a Member of the Joint Illinois State Bar Association/ChicagoBar Association Special Committee on Ethics 2000 which reviewed existing Illinois ethicsguidelines and suggested changes to the Illinois Supreme Court, which formed the basis for theNew 2010 Illinois Rules of Professional Conduct. Ms. Smart is the Eastern Regional Reporterfor the National Organization of Bar Counsel Current Developments Project. In that capacity,she summarizes professional responsibility statutory changes and case law throughout theEastern Region of the United States and analyzes and summarizes developments and trends atnational conferences held twice a year. Ms. Smart was also recently appointed to serve as amember of the Ad Hoc Committee of the National Organization of Bar Counsel to review andmake recommendations regarding the Report from the National Task Force on Lawyer Weil-Being.

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Melissa A. Smart

Litigation Manager & Senior Counsel

Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois

SEPTEMBER 24, 2018

ETHICS TRENDS AND

UPDATES

DuPage County Bar Association

Professional Responsibility

Committee

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Schmuhl & Schmuhl (Ill. 2017)Two Illinois attorneys, a husband and wife, were convicted for crimes they committed against a partner of AleciaSchmuhl’s former law firm, as well as that partner’s wife. The husband and wife team kidnapped the partner in his ownhome with the intention to extort money, and Andrew Schmuhl eventually stabbed both the partner and his wifemultiple times. Alicia pled guilty to abduction with the intent to extort money, aggravated maiming, and burglary. Shereceived a 45-year sentence and has been disbarred on consent. Andrew was convicted of abduction with the intent toextort money, aggravated maiming, using a firearm in the commission of a felony, and burglary. He was sentenced totwo life terms plus 98 years in prison.In re Alecia Marie Schmuhl, M.R. 28682, 2017PR00021 (Ill. May 18, 2017) and In re Andrew Gilbert Schmuhl, M.R.28661, 2017PR00020 (Ill. May 3, 2017). Alecia, who was licensed in Illinois in 2009, was disbarred on consent. She wassuspended on an interim basis on May 3, 2017. Andrew, who was licensed in Illinois in 2009, was suspended on an interimbasis and until further order of the Court.In re Alecia Schmuhl, Bar No. 994974 (D.C. Oct. 26, 2017). The D.C. Court of Appeals disbarred Schmuhl by consent,effective immediately. One-half of the infamous husband and wife duo who pled guilty to tasing, beating and stabbingher former boss and his wife in their McLean, Virginia home. See generally, NOBC Current Developments (New York2017).

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Just to name a few…

Rule 3.4(g) - present, participate in presenting, or threaten to present criminal charges solely to obtain an advantage in a civil matter;

Rule 3.5 (d) – conduct intended to disrupt a trial;

Rule 3.6 – extrajudicial statements;

Rule 4.4 – using means that have no substantial purpose other than to embarrass, delay or burden a third person;

5.1(c) – Responsibilities of Partners, Supervisors;

5.3 – Responsibilities Regarding Nonlawyer Assistants;

8.4 – Conduct Involving Dishonesty, Fraud, Deceit or Misrepresentation.

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The mission of the ARDC is to promote and protect the integrity

of the legal profession, at the direction of the Supreme Court,

through attorney registration, education, investigation, prosecution

and remedial action.

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Approximately 94,778 lawyers

64,175 (68%) in Illinois

30,603 (32%) report principal address outside of IL

first-year enrollment at U.S. law schools fell to 1970s

levels

38% female; 62% male; <1% non-binary

Appx 4th largest attorney pop. in the US

During 2017, ARDC docketed 5,199 investigations

(the 6th year of decline and the lowest number since 1988)

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5,199 Investigations Docketed*(Down from 5,401 in 2016)

AREA OF LAW:

1,218 – Criminal (23%)

652 – Domestic Relations (13)

509 – Real Estate (also, landlord-tenant) (10%)

486 – Tort (personal injury/property damage) (9%)

71 – Local Government Problems (1%)

*Against 3,782 different attorneys

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Supreme Court Rule 752/Commission Rule 51 = any source whatsoever

Most grievances = attorneys’ clients

Also based upon: Reports from members of general public Reports from attorneys’ spouses Self-reports Newspaper articles Reports from disciplinary agencies in other jurisdictions Reports from other attorneys

1,959

Neglect 260Incompetence

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“Prosecution” Function

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LAWYERS & SOCIAL MEDIA

How Are Lawyers Using Social Media In 2016? By: Nicole Black, February 2, 2016, MyCase Blog Home » https://www.mycase.com/blog/2016/02/how-are-lawyers-using-social-media-in-2016-

infographic/

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2017 Survey Results: Lawyers’ Use of Social Media for MarketingMarch 15, 2017, Editorial Daily Dispatch, Digital Marketing, Legal Marketing, Social Media

https://www.attorneyatwork.com/2017-survey-results-lawyers-use-of-social-media-marketing/

LAWYERS & SOCIAL MEDIA

How Are Lawyers Using Social Media In 2016? By: Nicole Black, February 2, 2016, MyCase Blog Home »https://www.mycase.com/blog/2016/02/how-are-lawyers-using-social-media-in-2016-infographic/

LAWYERS & SOCIAL MEDIA

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A FRIENDLY REMINDER…

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Supreme Court Rule 794(d) to requires all Illinois lawyers subject to the MCLE requirements complete one hour of diversity and inclusion CLE and one hour of mental health and substance abuse CLE as part of the professional responsibility CLE requirement.

-The amendment does not affect the total number of hours required to fulfill the professional responsibility requirement, which remains at six, or the total number of CLE credits required in each two-year reporting period, which remains at 30. -Lawyers may alternatively continue to fulfill the required six hours of professional responsibility CLE by completing the Illinois Supreme Court Commission on Professionalism’s Lawyer-to-Lawyer Mentoring Program, as set forth in Illinois Supreme Court Rule 795(d)(11).

CLE REQUIREMENT OF DIVERSITY/INCLUSION AND

MENTAL HEALTH/SUBSTANCE ABUSE

Supreme Court Rule 794(d)

(amended April 3, 2017, eff. July 1, 2017 & begins with attorneys with the two-year reporting period ending June 30, 2019)

PMBR

Amended Rule 756(e)(2)Eff. January 25, 2017

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In re Donald Fredrick Franz, M.R. 28933, 2014PR00161 (Ill. Sept. 22, 2017)

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Respondent filed various cases in the United States District Court for the Northern District of Illinois: Attorney

Courtney Lindbert represented defendants in the matter.

A Recently Filed ARDC Complaint…

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Embattled Attorney: I'm Supposed to Allow Him to Disrespect Me with Impunity? Bulls---!*

*http://patch.com/illinois/orlandpark/embattled-attorney-im-supposed-allow-him-disrespect-me-impunity-bulls

The attorney allegedly launched a series of abusive voicemails, telling hisclient’s father:•You are a piece of garbage. All black people are alike. You’re slovenly,ignorant.• You better give me my money or your son’s case is going to be delayed.I’m sick of you, you piece of s---.• I don’t know who’s the biggest bitch. You or (your family). I’m going to lockyou up.• Low class n-----s. I’m going to have you all locked up.• You call me with stupid s---. Wait until (the) next court date.• You have until 5 on Thursday. (Bring a) $300, no $500 check ... Or on FridayI’ll withdraw. I already told the state’s attorney to writ your son over.• You are such a p----. They are going to writ him over. I tried to tell yourstupid ass. Other lawyers would charge $10,000 for this case. Start planningfor another lawyer.• You’re ugly, low class, ignorant. I’ll finish with you when he gets off. You’redemeaning your son.

In re Michael Jerome Moore, Commission No. 2015PR00076 (August 2015)

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QUESTIONS?

Full-Text of Illinois Ethics Rules, Client TrustAccount Handbook & Free MCLE webinars –www.iardc.org

Questions about IOLTA & Enrollment Forms –Lawyers Trust Fund: www.ltf.org

ARDC Ethics Inquiry Hotline for Guidance onRules:

Chicago office – (312) 565-2600 or (800)826-8625Springfield office – (217) 522-6838 or (800)252-8048