The Illinois Supreme Court has disbarred two lawyers over alleged financial misconduct, while also suspending a Will County attorney from practicing law in Illinois for three months over accusations he called certain female opposing attorneys “bitch” and used other vulgar language when communicating with them.
The Illinois Attorney Registration and Disciplinary Committee announced those actions as part of the Illinois Supreme Court’s latest round of discipline against attorneys accused of professional misconduct in the state.
In all, the state Supreme Court suspended seven lawyers, while disbarring two others.
Those disbarred were Elena Gallo, of Chicago, and Kendall B. Lynchey, of New Lenox.
According to the ARDC release and the findings published in an ARDC report, Gallo was disbarred for an alleged “pattern of misconduct,” in which she improperly converted for her own use nearly $18,000 and allegedly charged excessive fees of more than $13,000 while representing clients in real estate transactions in Chicago’s suburbs.
Further, Gallo was accused of improperly representing sellers and buyers in the same transaction.
While an ARDC Review Board had recommended stopping short of disbarment, the state Supreme Court followed the wishes of the ARDC Administrator and an ARDC hearing board, which had recommended she be disbarred.
According to the ARDC, Lynchey was accused of allegedly converting more than $29,000 in earnest money for two real estate transactions for his own use. An ARDC hearing board report noted Lynchey returned the money, but said they believed he had converted earnest money from the second transaction to refund the earnest money allegedly converted from the first transaction.
While the ARDC administrator had recommended he be suspended, the ARDC hearing board recommended disbarment. The Supreme Court followed the hearing board’s wishes.
The Illinois Supreme Court also suspended seven attorneys, including attorney Jason Craddock.
According to the ARDC, Craddock on several occasions was accused of referring to opposing female attorneys as a “bitch” or as “C--tney,” replacing the appropriate spelling of an opposing lawyer’s first name with a vulgar term for a female body part.
According to the ARDC hearing board’s report, Craddock allegedly used such language in both spoken and written communications with opposing attorneys.
The ARDC report noted Craddock has asserted throughout the review process he used the language because he felt “provoked” by actions taken or threatened by opposing counsel, including a threat of a motion for sanctions related to Craddock’s alleged failure to abide by deadlines in at least one case.
The ARDC hearing board said they questioned the “sincerity” of Craddock’s remorse, as well.
“We are also troubled by Respondent’s (Craddock’s) continued assertions that he was somehow provoked by the other attorneys into making these remarks,” the ARDC hearing board wrote.
“… While he now acknowledges this is not an excuse for his conduct, he still seems to believe that unpleasant developments in litigation constitute provocation and that his behavior is in some way an appropriate or acceptable response. This attitude suggests he has not truly accepted full responsibility for his actions.”
The ARDC hearing board had recommended Craddock be suspended for three months.
In 2017, the Northern District of Illinois Executive Committee had suspended Craddock from practicing in the federal court district for 12 months as discipline for the alleged misconduct.
Other attorneys suspended by the Illinois Supreme Court include:
- Al-Haroon Bin Asad Husain, of Lincolnwood, suspended one year. According to the ARDC, Husain allegedly “systematically altered documents” in Northern Illinois federal bankruptcy court. The ARDC said he allegedly “reused the signatures of debtors, signed documents on behalf of debtors, … and caused clients to sign incomplete or inaccurate documents that were then filed with the court;”
- Daniel O. Stamm, of Chicago, suspended one year. According to the ARDC, Stamm had allegedly dishonestly converted more than $25,000 of a client’s money while representing her and her husband in various matters. According to the ARDC, Stamm is also required to pay the client back nearly $21,000, plus interest;
- David K. Elliott, of Bethalto, suspended six months and until further order of the court. According to the ARDC, Elliott allegedly altered someone’s outdated automobile insurance card to make it appear Elliott had insurance for his vehicle before he had been cited for driving without insurance. The alleged alteration of the card allegedly led to the citation against Elliott being dismissed;
- Eric R. Decator, of Barrington, suspended five months for allegedly depositing two checks into a client’s bank account, even though a third-party had interest in those checks;
- Steven S. Koukios, of Chicago, suspended 90 days. According to the ARDC, he allegedly fabricated a document in response to his clients’ inquiries into an eviction matter, which he had failed to file for six weeks;
- Debbie M. Schmell, of Des Plaines, suspended 30 days.