CONTENTS

Articles

* Board adopts five proposals for 2005 legislative action

* Election filing begins Jan. 15

* MBNA enhances credit card plan

* Pro bono reporting rule to get hearing

* Traffic Court judge to speak at YLD lunch

* Fed Tax Conference opens spring Law Ed schedule

* Debt management strategy avoids loan defaulting

* April deadlines

* Retentions, partisan election results reveal flawed process

* What's your opinion?

* Young Lawyers to help new lawyers 'Bridge the Gap'

* Income tax update includes abuse crackdown

* 10 more members recruit and save

* Tax issues aired

* Bar Foundation to get $40,000 from

cy-pres fund

* Foundation Fellows add 14

* IBF grant provides mentors for children of prisoners

* Legal writing awards won

* For Fay Clayton, some protests seem like compliments

* Ethics opinion clarifies dual client conflict

* ISBA members assist military personnel with variety of legal problems back home

* Hotlines provide quick access to justice

* Elrod, Braendel on CDEL board

* These lawyers help resolve military issues

* CDEL volunteers help abused elders maintain dignity

* Samuel Lanoff, 97, reflects on 75 years in law practice

* Board schedules Jan. 28 meeting

* McKenna Storer marks 50th by supporting aid groups

* Four Albert Webbers were members of Decatur firm

* Law Bulletin puts newspaper in cyberspace

 

Features

* On the web at www.isba.org

* Capitol chronicle

* Attributions

* Hearsay

* The Lawyer's Office

* Circuit shorts

* Responsibility

* Bon voyage

* Honoraria

* Seminars

* Associations

* Language tips

* Transition

* Epilogue

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CONTENTS

Articles

* Board adopts five proposals for 2005 legislative action

* Election filing begins Jan. 15

* MBNA enhances credit card plan

* Pro bono reporting rule to get hearing

* Traffic Court judge to speak at YLD lunch

* Fed Tax Conference opens spring Law Ed schedule

* Debt management strategy avoids loan defaulting

* April deadlines

* Retentions, partisan election results reveal flawed process

* What's your opinion?

* Young Lawyers to help new lawyers 'Bridge the Gap'

* Income tax update includes abuse crackdown

* 10 more members recruit and save

* Tax issues aired

* Bar Foundation to get $40,000 from

cy-pres fund

* Foundation Fellows add 14

* IBF grant provides mentors for children of prisoners

* Legal writing awards won

* For Fay Clayton, some protests seem like compliments

* Ethics opinion clarifies dual client conflict

* ISBA members assist military personnel with variety of legal problems back home

* Hotlines provide quick access to justice

* Elrod, Braendel on CDEL board

* These lawyers help resolve military issues

* CDEL volunteers help abused elders maintain dignity

* Samuel Lanoff, 97, reflects on 75 years in law practice

* Board schedules Jan. 28 meeting

* McKenna Storer marks 50th by supporting aid groups

* Four Albert Webbers were members of Decatur firm

* Illinois Supreme Court disciplinary orders: November

* Law Bulletin puts newspaper in cyberspace

 

Features

* On the web at www.isba.org

* Capitol chronicle

* Attributions

* Hearsay

* The Lawyer's Office

* Circuit shorts

* Responsibility

* Bon voyage

* Honoraria

* Seminars

* Associations

* Language tips

* Transition

* Epilogue

 

He retired in 1986 and became a consultant to the firm of Welsh, Kehart, Shafter & Hughes, where his son, Albert G. Webber IV, had practiced since he graduated from the Washington University School of Law in 1981.

Webber IV was a partner in Kehart, Shafter, Webber, Campbell & Robinson in May 2001, when he was appointed a judge of Macon County Court in the 6th Circuit. He was elected to the bench in 2002.

Both Judge Albert Webber IV and retired justice Albert Webber III were honored at the recent 125th anniversary ceremony.

Current name partners in the Decatur firm are Michael J. Kehart (1967), James E. Peckert (1986) and Edward Booth (1954).

lllinois Supreme Court disciplinary orders: November

The following disciplinary orders were filed by the Illinois Supreme Court during its November term. Summaries are provided by the Attorney Registration and Disciplinary Commission.

THOMAS WILLIAM BYRNES, South Elgin: Byrnes, who was licensed in 1987, was suspended for one year and until further order of the Court with all but the first 60 days stayed by a two-year period of probation. The suspension is effective Dec. 8, 2004. He neglected client matters, failed to refund an unearned fee, mishandled client funds, and failed to handle a client matter competently.

AMIEL STEPHEN CUETO, Belleville: Cueto, who was licensed in 1980, was disbarred, effective immediately. He obstructed a federal undercover investigation of an illegal gambling and racketeering enterprise in southern Illinois operated by his business partner and law firm client, Thomas Venezia. The income generated by the illegal gambling operation was used to fund certain business ventures pursued by Cueto and the client. In 1997, Cueto was convicted of one count of conspiracy to defraud the United States and three counts of obstruction of justice. He was sentenced to an 87-month prison term. He has been suspended on an interim basis since Aug. 19, 1998.

WILLIAM EUGENE ELSTON JR., Chicago: Elston, who was licensed in 1959, was disbarred on consent. He engaged in bankruptcy fraud by filing a bankruptcy petition using a knowingly false social security number and engaged in income tax fraud by knowingly filing federal income tax returns for the years 1992 through 1997 which understated his gross income from his law practice. He was previously suspended in 2000 for unrelated misconduct.

PETER JOHN FARACI, Chicago: Faraci, who was licensed in 1990, was suspended for three months. The suspension is effective Dec. 8, 2004. He neglected three criminal appeals while he was an associate at a law firm.

ERIC PHILLIP FERLEGER, Chicago: Ferleger, who was licensed in 1977, was suspended for nine months with all but the first 60 days stayed by a two-year period of probation. The suspension is effective Dec. 8, 2004. He personally served a defendant in a lawsuit and them refused to leave the defendant's home when asked to do so. He was subsequently involved with that defendant in an altercation outside a courtroom. He also falsely testified in court that he was licensed in Michigan and Wisconsin, represented a plaintiff in a lawsuit against another client without obtaining consent, and possessed marijuana and drug paraphernalia.

JAMES EDWARD FLURI, Waukegan: Fluri, who was licensed in 1987, was censured. He neglected a faulty construction claim and attempted to conceal the neglect from his client by creating and paying a non-existent settlement.

PAUL M. GOLDMAN, Oak Park: Goldman, who was licensed in 1983, was disbarred. He neglected a divorce matter for one client and failed to file an application for non-profit, tax-exempt status for another client. He misrepresented the status of the matters to both clients. Goldman had been previously suspended for similar misconduct.

ELMER C. W. HANEBERG III, Chicago: Haneberg, who was licensed in 1978, was disbarred. He prepared living trusts for two elderly clients who suffered from disabling physical and mental conditions, became their trustee, and misappropriated $300,000 from one client and $700,000 from the other client. He has been suspended on an interim basis since July 26, 2002.

GERARD CHARLES HELDRICH JR., CHICAGO: Heldrich, who was licensed in 1961, was suspended for nine months and until he completes the ethics course offered by the Illinois Institute of Professional Responsibility. The suspension is effective Dec. 8, 2004. While representing a longstanding client in the preparation of a prenuptial agreement, he communicated directly with the client's fiancee, without the knowledge or consent of the fiancee's lawyer, and convinced the fiancee to allow him to draft the agreement on behalf of both parties on terms that favored the husband and that were not consistent with the fiancee's previously expressed wishes. He then represented the husband in divorce proceedings against the wife, also his former client, where the wife challenged the validity of the prenuptial agreement and where he knew or should have known that he would be called as a witness on behalf of the husband.

RICHARD Q. HOLLOWAY, Homewood: Holloway, who was licensed in 1994, was suspended for 18 months with the suspension stayed after five months by a period of probation with conditions, provided that he makes certain restitution. The suspension is effective Dec. 8, 2004. He neglected six client matters and failed to communicate with his clients.

JIMMIE L. JONES, Chicago: Jones, who was licensed in 1988, was disbarred. He neglected client matters, misappropriated $56,202.01 from an estate, converted another $11,000 in other client funds, engaged in the unauthorized practice of law, and failed to cooperate with the disciplinary investigation. He was suspended for 30 days in January 2004 for unrelated misconduct.

JOHN FREDERIC KUENSTLER, Chicago: Kuenstler, who was licensed in 1993, was censured. While representing a corporate client in an employment discrimination case, he directed an associate to notice a deposition of a witness. When he later learned that the witness had filed his own discrimination case against the same corporation and was represented by an attorney in that case, he failed to notify the witness' attorney of the scheduled deposition and took the deposition without the knowledge or consent of the witness' attorney. Thereafter, in opposing a motion for sanctions based upon that conduct, he raised arguments unsupported by case law or other authority.

ROBERT ALDEN LARSEN, Elburn: Larsen, who was licensed in 1986, was suspended for two years and until further order of the court. He misappropriated approximately $4,000 in client funds, neglected two client matters and failed to cooperate with the disciplinary authority.

EDWARD TIMOTHY MCAULIFFE, Chicago: McAuliffe, who was licensed in 1976, was disbarred. He neglected client matters, failed to turn client files over to successor counsel, failed to communicate with clients and made misrepresentations to multiple clients regarding the status of their matters. He was previously suspended for unrelated misconduct in 2001.

DANIEL MARTIN MOULTON, Chicago: Moulton, who was licensed in 1989, was suspended for 30 days. The suspension is effective Dec. 8, 2004. He represented two partners but failed to disclose to them the risks of the common representation. Later, he failed to protect one of the client's property interests as the business relationship disintegrated, improperly notarized that partner's purported signature on a deed, and made a false statement during the course of the disciplinary investigation.

PATIENCE ROBINSON NELSON, Oak Park: Nelson, who was licensed in 1998, was suspended for 90 days. The suspension is effective Dec. 8, 2004. While employed as an attorney for the Chicago Transit Authority, she removed confidential personnel documents from her employer's office without consent and attempted to use them for her own benefit in litigation against the Chicago Transit Authority.

LOUIS ELDON OLIVERO, Peru: Olivero, who was licensed in 1960, was suspended for thirty days and until he makes certain restitution. The suspension is effective Dec. 8, 2004. He failed to make a prompt refund of unearned costs or to render a full accounting of the use of funds advanced for costs by a client.

MICHAEL PATRICK O'SHEA JR., Cairo: O'Shea, who was licensed in 1976, was suspended for five months. The suspension is effective Dec. 8, 2004. He engaged in a conflict of interest when he represented a husband in a dissolution of marriage and an order of protection matter, after he had represented the couple in the past, and where the wife had consulted with him about a divorce. In responding to an inquiry about the conflict, he used insulting and abusive language to make personal attacks against the attorney who had complained about his conflict of interests.

MARC A. QUINLIVAN, Chicago: Quinlivan, who was licensed in 1989, was disbarred. He participated in a scheme to defraud a securities brokerage company that was a client of his firm by submitting fraudulent billing invoices. He also made false statements under oath to the ARDC, and was convicted of federal income tax evasion.

BEAU CHRISTOPHER SEFTON, Chifcago: Sefton, who was licensed in 1999, was censured. While representing a corporate client in an employment discrimination case, he noticed a deposition of a witness and later learned that the witness had filed his own discrimination case against the same corporation and was represented by an attorney in that case. A partner who was also working on the case failed to notify the witness' attorney of the scheduled deposition, and proceeded to take the deposition without the knowledge or consent of the witness' attorney, asking questions drafted by Sefton that inquired about the witness' own claim. Thereafter, in opposing a motion for sanctions based upon that conduct, Sefton raised arguments unsupported by case law or other authority.

TODD WARREN SYVERSON, Woodstock: Syverson, who was licensed in 1991, was disbarred. He neglected several matters, misrepresented to his employer that he was not the subject of a malpractice claim, and failed to cooperate with the disciplinary investigation or appear for the hearing in this case.

WARREN JOHN West, Bend, Ore.: West was licensed in Illinois in 1968 and in Oregon in 1973. The Oregon Supreme Court reprimanded him for engaging in a conflict of interest by continuing to represent a client after he committed possible malpractice in her case without obtaining her consent after disclosure of her potential claim against him. The Illinois Supreme Court imposed reciprocal discipline and reprimanded him.

BENJAMIN E. WILLIAMS JR., St. Louis, Mo.: Williams was licensed in Missouri in 1985 and in Illinois in 1986. The Supreme Court of Missouri suspended him for three years for using client and third party trust funds to pay personal expenses. The Illinois Supreme Court imposed reciprocal discipline and suspended him for three years and until he is reinstated in Missouri. The suspension is effective Dec. 8, 2004.

JOHN N. ZDON, Chicago: Zdon, who was licensed in 1974, was disbarred. He neglected four client matters, failed to communicate with clients, did not refund unearned fees, abandoned his law practice and failed to cooperate with the disciplinary investigation or appear for the hearing in this case.

MITCHELL WAYNE ZIVIN, Northbrook: Zivin, who was licensed in 1985, was disbarred. He misappropriated client funds, entered into an improper business transaction with a client, abandoned his law practice, and failed to participate in the disciplinary proceeding.

The following disciplinary orders were entered by the court before the November term but were not included in any previous information release.

GLEN EDWARD DRESHER, Vienna: Dresher, who was licensed in 1970, was suspended on an interim basis and until further order of the court. He was found guilty of two Class X felonies: attempted first degree murder and aggravated domestic battery of his ex-wife. He was sentenced to a 10-year prison term in the custody of the Illinois Department of Corrections.

MICHAEL R. FELDMAN, Chicago: Feldman, who was licensed in 1979, was suspended on an interim basis and until further order of the court. He wrote letters to members of the judiciary in which he falsely impugned their integrity and qualifications to serve in office.

STUART KNIGHT HOLCOMB III, Crystal Lake: Holcomb, who was licensed in 1996, was suspended for two years and until further order of the court with the suspension stayed after one year by a one-year period of probation. He misappropriated $5,250 from his former law firm, neglected two divorce cases, and made misrepresentations to clients to conceal his neglect.

CRAIG JUSTIN KATZ, Deerfield: Katz, who was licensed in 1981, was suspended until he complies with Supreme Court Rule 764 and until further order of the court. In 2003, he was suspended for two years, with the second year stayed by probation subject to certain conditions, including payment of $16,080 restitution. Discipline was imposed because he had failed to safeguard client funds in four different matters, did not promptly deliver funds to the clients in three of those matters, and converted client funds. After he was suspended, he failed to file with the clerk of the Supreme Court a required affidavit of compliance and a list of his clients.

Law Bulletin puts newspaper in cyberspace

The Law Bulletin Publishing Co. recently announced the establishment of Chicago Daily Law Bulletin Online, an electronic subscription version of the 150-year-old daily newspaper.

Chicago Daily Law Bulletin Online will offer in-depth analyses of current precedents and rulings, insight into issues and trends that impact the profession, and useful links to law-related resources.

Online subscribers will receive e-mail alerts each afternoon, highlighting important stories of the day and the all-new issue of the newspaper. Features include instant access to articles, new appellate case summaries, up-to the-minute court information, case look-ups, new suits, law practice meetings and seminars, judicial rosters, and public notices.

"Reaching more lawyers with our combination of excellent news coverage and proven online services is our ultimate goal of the new release," said Bernard M. Judge, publisher of the Chicago Daily Law Bulletin.

"Lawyers need information now," he pointed out. "The new online product provides immediate access to current and useful information to any subscriber with a browser and Internet connection."

The online version of the Law Bulletin offers some unique advantages. Lawyers' names mentioned in articles are linked directly to Sullivan's Law Directory, providing contact information such as a lawyer's law school, bar association memberships and other information.

Lawyers' names also link to Law Bulletin's Jury Verdict Publications through the Law Bulletin Information Network's AccessPlus and provide details of verdicts and settlements in which the lawyer participated.

OntheWebatisba.org

Public info pamphlets, booklets help clients see the value of legal services

For the most part, well-informed clients are good clients, or at least better than the ill-informed alternative. All other things being equal, clients with a basic understanding of their rights are less likely to have unrealistic expectations and ­ just as important ­ more likely to recognize the value of what you as a lawyer have to offer. ("Gee, maybe I should have someone look at my will to make sure it still meets my needs.")

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