Remembering his years a judge, McCourt says it was a great experience. He felt "very comfortable" in the job. "I enjoyed listening to people's excuses," he said, "and I always tried to be fair, whether I was sitting on traffic, civil or felony cases."
McCourt remembers a civil case he heard concerning a salesman for a European company. "That case had a file about two feet high," he said. "The salesman's territory was like Illinois and Wisconsin, and he was making about $200,000 a year.
"Well, the company terminated him and he sued, claiming he was the sole representative of the company. He wanted a jury trial and the jury awarded him like $3 million. I set the verdict aside, and it was appealed after five years. He got some money, but not three million."
Supreme Court disciplinary orders: May 2003
The Illinois Supreme Court entered the following disciplinary orders on May 22. Summaries are provided by the Attorney Registration and Disciplinary Commission.
JOSEPH JAMES BITTER, Dubuque, Iowa: Bitter was licensed in both Iowa and Illinois in 1964. He was publicly reprimanded in Iowa for aiding a non-lawyer employee in the unauthorized practice of law by allowing his legal assistant to meet with an elderly estate planning client, draft the client's will, and preside over its execution. The Illinois Supreme Court imposed reciprocal discipline and reprimanded him.
JOHN JOSEPH CAREY and JOSEPH PETER DANIS, St. Louis, Mo.: Carey, who was licensed in 1988, and Danis, who was licensed in 1994, were both suspended for six months. They engaged in a conflict of interest when they represented a plaintiff in a class action against Chrysler Corp., having formerly represented Chrysler in a substantially related matter. In addition, during the course of federal litigation where Chrysler had sued them for breaching their fiduciary duties, they submitted false discovery responses.
STEPHEN THOMAS CARMICK, Chehalis, Wash.: Carmick was licensed in Illinois in 1972 and in Washington in 1980. He was suspended for 60 days in Washington for communicating directly with a party known to be represented by counsel in an effort to settle a child support matter, presenting an ex parte settlement order to the family court without notice to opposing counsel, and wrongly representing to that court that opposing counsel had approved of the settlement order and had approved his direct contact with opposing counsel's client. Illinois imposed reciprocal discipline and suspended him for 60 days.
ROBERT BRYAN COCHONOUR, Casey: Cochonour, who was licensed in 1971, was disbarred on consent. He pleaded guilty to a charge of felony theft over $100,000 and was sentenced to seven years of imprisonment. He stole funds from a decedent's estate in which he served as executor.
RICHARD BRUCE GIRDLER, Lincoln Park, N.J.: Girdler was admitted to the Illinois bar in 1971 and in New Jersey the following year. New Jersey suspended him for three months and until further order of court for neglect, failing to communicate with a client, making misrepresentations to a client, making false statements to a court, and failing to cooperate with disciplinary authorities. Illinois suspended him for three months and until he is reinstated in New Jersey as reciprocal discipline.
DAVID VINCENT GRIGSBY, Hillsboro: Grigsby was licensed to practice in 1986. His disciplinary case was remanded to the Hearing Board for a reprimand. He failed to provide competent representation to a defendant sentenced to death in a post-conviction petition and in the appeal of the dismissal of the petition.
REGINALD CLINTON GRIFFIN. Chicago: Griffin, who was licensed in 1994, was suspended for two years and until further order of court. He solicited prospective clients in traffic court matters, engaged in verbal abuse and assault of others, repeatedly failed to appear in court to represent his clients or respond to his own criminal charges, resulting in arrest warrants being issued against him, and converted $215 of client funds.
H. DEAN HAMRA, Pekin: Hamra, who was licensed in 1984, was disbarred on consent. He misappropriated funds, failed to return unearned fees, and closed his practice without communicating with clients.
MARTIN E. LITWIN, Chicago: Litwin, who was licensed in 1963, was disbarred on consent. He was convicted by a federal jury of one count of conspiracy to commit tax fraud, two counts of assisting in the preparation of false tax returns and one count of aiding and abetting perjury. He was sentenced to 33 months in prison and ordered to pay fines and costs of $50,400. Litwin was suspended on an interim basis on Feb. 20, 2002.
RICHARD F. MORTON, Chicago: Morton, who was licensed in 1989, was suspended for one year and until he successfully completes an alcohol dependency program, pays $17,000 plus interest in restitution as ordered in a prior disciplinary matter, and complies with Illinois Supreme Court Rule 764. He engaged in the unauthorized practice of law while suspended for unrelated professional misconduct and neglected a divorce matter.
JAMES L. NEPPL, Rock Island: Neppl was licensed in both Illinois and in Iowa in 1967. He was reprimanded in Iowa for failing to adequately prepare a divorce client for trial, making profane and offensive remarks to that client, and refusing to permit the client to accept a settlement offer that was agreeable to the client. Illinois imposed reciprocal discipline and reprimanded him.
FRANK MATTHEW PICL, Peoria: Picl, who was licensed in 1977, was censured. He neglected to file a post-conviction appellate brief on behalf of a client who had been convicted of first-degree murder.
CURT PATRICK REHBERG, Crystal Lake: Rehberg, who was licensed in 1989, was censured. He neglected a client's zoning matter, falsely told the client that he had filed a civil case on his behalf, and misrepresented the status of the matter to the client on several occasions.
BRENDA A. ROSSINI, Winnetka: Rossini, who was licensed in 1983, was disbarred. She misappropriated securities from an estate, created false documents, misappropriated funds, and deceived a bank into releasing $40,000 to a divorce client when she knew that a court had ordered that the funds be held in escrow. She also assisted her husband, a non-attorney, in the unauthorized practice of law, when she allowed him to appear in court in a matter in which she was a defendant and when she permitted him to represent a client as an attorney in a matter in which she had received the fee.
DAVID I. ROTH, Loves Park: Roth, who was licensed in 1983, was disbarred on consent. He pled guilty to participating in a scheme to defraud limited partner investors and a financial institution in connection with the sale of commercial real property. He was sentenced to a 19-month prison term and, along with a co-defendant, was ordered to pay $522,000 in restitution. He was suspended on an interim basis on Feb. 7, 2001.
PHILIP E. SCHICKEDANZ, Springfield: Schickedanz, who was licensed in 1972, was suspended for six months and until further order of Court, with all but the first 90 days of the suspension stayed by a four-year term of probation. He was convicted of DUI and missed two court appearances in a client's DUI matter. He was previously disciplined.
DAVID KITE STALKER, Godfrey: Stalker, who was licensed in 1971, was suspended for two years and until further order of court. He neglected four different tort claims on behalf of clients. In addition, he made material misrepresentations to a court during a citation to discover asset proceeding arising from a legal malpractice judgment entered against him in favor of a former client.
JIMMY RAY STURGEON, St. Charles: Sturgeon, who was licensed in 1990, was suspended for 2.5 years and until he pays $8,000 in restitution to a former client. He failed to return unearned fees to the former client, communicated with a party whom he knew to be represented by another lawyer without obtaining prior consent, and engaged in the unauthorized practice of law while suspended.
BRIAN STUART ZENNER, Northbrook: Zenner, who was licensed in 1978, was suspended for two years. Between June 1995 and October 1996, he paid a non-lawyer approximately $68,000 for referrals of personal injury cases. Further, he commingled personal funds with client funds in his client trust account.
The following disciplinary orders were entered by the court before the May term but were not included in any previous information release.
CHARLES J. SCHNEIDER, Chicago: Schneider, who was licensed in 1979, was disbarred on consent. He was convicted of racketeering, mail fraud, wire fraud and conspiracy for his role in a scheme to defraud and obtain money from the Town of Cicero by means of false and fraudulent pretenses.
PAUL M. STORMENT Jr., Belleville: Storment, who was licensed in 1963, was suspended for two years. He failed to memorialize a referral fee agreement in writing. He was previously disciplined.
The Illinois Bar Foundation and ISBA Mutual Insurance Co. will maintain information tables during the 127th ISBA Annual Meeting on Thursday and Friday, June 19-20, at The Abbey on Lake Geneva.
Also on hand both days to answer questions and provide brochures about future travel opportunities will be representatives of Global Holidays, the ISBA-affiliated travel coordinator.
ISBA publications and services brochures will be on display both days, and the Lawyers' Assistance Program will have an information table on Friday.
Affiliated providers that will exhibit from 8:30 a.m. to 4 p.m. Friday are Lexis-Nexis, Legal Dox Inc., Marsh Affinity Group (member insurance), ABA Members Retirement Program, Attorneys' Title Guaranty Fund and Guaranty Trust Co.
The next issue of the ISBA Bar News will include details of the National Lawyers Association conference in Chicago. For a preview, access the web site, www.nla.org.
Educational programs will take place July 31 and Aug. 1 at the Chicago-Kent College of Law. Congressman Henry Hyde will be honored at the Friday banquet in the Holiday Inn City Centre.
The date of the annual Illinois Bar Foundation Gala in the Four Seasons Hotel, Chicago, has been changed to Friday, Oct. 24, instead of Oct. 10.
Chicago attorney Jerold S. Solovy, a Charter Fellow of the Bar Foundation, will receive the Distinguished Award for Excellence during the black-tie reception and gourmet dinner.
A partner in Jenner & Block and leader of initiatives devoted to court reform and pro bono representation, Solovy is a Laureate of the Academy of Illinois Lawyers and a recipient of the Chicago Bar Association's Justice John Paul Stevens Award.
Other highlights of the Gala include live and silent auctions and dancing to the Ken Arlen Orchestra. More details will be announced as the date approaches.
For information about Gala sponsorship levels, table purchases or donation of items for the auctions, call executive director Susan M. Lewers at (312) 726-6072.
Summer golf outings in full swing
Information follows about future bar-related golf outings. Send additional information by facsimile to Stephen Anderson, (312) 726-1422,
JUNE 26 (Thursday) DIXON Lee County/Ogle County Bar Associations joint golf outing; Lost Nation Golf Course; tee times from 12 noon, reception and dinner at 5:30 p.m.; Patrick Ward, (815) 288-3600 (golf $30, dinner $16/18).
JUNE 30 (Monday) WOODDALE Justinian Society golf and bocce outing; Oak Meadows Golf Club; 12 noon lunch, 1 p.m. shotgun start, 5 p.m. bocce, 7 p.m. reception and dinner; Oak Meadows Golf Club; Thomas Battista, (312) 464-3500.
JULY 10 (Thursday) ELBURN Kane County Bar Assn. golf outing; Hughes Creek Golf Club; 11:30 a.m. lunch, 1 p.m. shotgun start, 5:30 p.m. reception and dinner; (630) 762-1915.
JULY 10 (Thursday) GURNEE Lake County Bar Assn. golf outing; Bittersweet Golf Course; 11:30 a./m. shotgun start, 5:30 p.m. barbecue buffet dinner; (847) 244-3143 ($115, dinner only $25).
JULY 14 (Monday) ST. CHARLES DuPage County Bar Association golf outing; Pheasant Run Resort; 1 p.m. shotgun start; (630) 653-7779.
JULY 16 (Wednesday) MT. PROSPECT Northwest Suburban Bar Association golf outing; Old Orchard Country Club; 11 a.m. shotgun start, 6 p.m. dinner; (847) 259-7908.
JULY 21 (Monday) ST. CHARLES Illinois Real Estate Lawyers Association golf outing; St. Charles Country Club; 11:30 a.m. lunch, 1 p.m. shotgun start, 6:30 p.m. dinner; Lynn Cavallo, (630) 587-7390 ($175, dinner only $55).
JULY 25 (Friday) SPRINGFIELD Sangamon County Bar Association Play Day.
JULY 25 (Monday) WOODSTOCK Dick Tracy Crimestoppers Youth Program golf outing; Bull Valley Golf Club; (815) 338-8281.
AUGUST 1 (Friday) HIGHLAND PARK Workers' Compensation Lawyers Association golf outing; Highland Park Country Club; 11:30 a.m. shotgun start; Derek Storm, (312) 670-2000.
AUGUST 5 (Tuesday) OAK BROOK West Suburban Bar Association golf outing; Oak Brook Hills Resort; 1 p.m. shotgun start; (708) 366-1122.
AUGUST 8 (Friday) ALGONQUIN McHenry County Bar Association golf outing; Golf Club of Illinois; (815) 338-9559.
Details follow of events that will benefit legal assistance agencies and pro bono programs.
Monday, June 23 Youth Outreach Services golf outing at Mission Hills Country Club, Northbrook; 8 a.m. shotgun start; Barbara Schwarz, (773) 777-7112.
Friday, June 27 Chicago Legal Clinic reception from 5 to 8 p.m. at "my bar," 3555 N. Ashland, Chicago.
Thursday, July 24 Clinic for the Disabled and Elderly 20th annual buffet reception, 5 p.m. at Galleria Marchetti, followed by performance of Cirque du Soleil touring show, "Varekai," at United Center; (312) 908-6087.
Director of Legislative Affairs
The General Assembly has adjourned to mid-November or until the Governor calls them into special session. Two bills of interest to the legal community have passed both chambers.
Burrell v. Southern Truss. Senate Bill 274 creates the Health Care Services Lien Act to overrule the decision in Burrell v. Southern Truss. Senate Bill 274 repeals the eight current lien statutes for health care providers and replaces it with one Act. It creates two classes of lienholders for health care liens: (1) health care professionals and (2) health care providers. Professionals are individuals such as doctors while providers are entities such as hospitals.
This Act prohibits the total amount of the liens against a settlement or award from exceeding 40% of the amount secured by or on behalf of the injured person. All lienholders share proportionate amounts within this 40%, but in no event may a lienholder receive more than one-third of the settlement or award.