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settlementattorneylawyer
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In re Himmel, 125 Ill.2d 531, 533 N.E.2d 790, 127 Ill.Dec. 708, 57 USLW 2246

Facts

The case involves attorney James H. Himmel, who was retained by Tammy Forsberg to recover her settlement funds from her former attorney, John R. Casey, who had converted those funds. After discovering Casey's misconduct, Himmel drafted a settlement agreement that prevented Forsberg from pursuing any claims against Casey. Despite having knowledge of Casey's conversion, Himmel did not report this misconduct to the Commission, leading to the disciplinary proceedings against him.

The complaint alleges that respondent had knowledge of John Casey's conversion of Forsberg's funds and respondent failed to inform the Commission of this misconduct.

Issue

Did attorney James H. Himmel violate Rule 1–103(a) of the Code of Professional Responsibility by failing to report the misconduct of another attorney?

whether the Review Board erred in concluding that respondent had not violated Rule 1–103(a);

Rule

Rule 1–103(a) of the Code states that a lawyer possessing unprivileged knowledge of a violation of the Code shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation.

Rule 1–103(a) of the Code states: “(a) A lawyer possessing unprivileged knowledge of a violation of Rule 1–102(a)(3) or (4) shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation.”

Analysis

The court analyzed whether Himmel's failure to report Casey's misconduct constituted a violation of Rule 1–103(a). It concluded that Himmel had unprivileged knowledge of Casey's conversion of client funds and that his failure to disclose this information deprived the Commission of evidence necessary for its investigation. The court rejected Himmel's argument that he was relieved of his duty to report because his client had contacted the Commission, emphasizing that an attorney's ethical obligations cannot be circumvented by a client's wishes.

Our analysis of this issue begins with a reading of the applicable disciplinary rules. Rule 1–103(a) of the Code states: “(a) A lawyer possessing unprivileged knowledge of a violation of Rule 1–102(a)(3) or (4) shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation.” 107 Ill.2d R. 1–103(a).

Conclusion

The court concluded that Himmel's conduct warranted a one-year suspension from the practice of law due to his failure to report the misconduct, which interfered with the Commission's investigation.

Accordingly, it is ordered that respondent be suspended from the practice of law for one year.

Who won?

The Administrator of the Attorney Registration and Disciplinary Commission prevailed, as the court found that Himmel's failure to report misconduct warranted a suspension rather than a reprimand.

The Administrator now raises three issues for review: (1) whether the Review Board erred in concluding that respondent's client had informed the Commission of misconduct by her former attorney; (2) whether the Review Board erred in concluding that respondent had not violated Rule 1–103(a); and (3) whether the proven misconduct warrants at least a censure.

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