Attorney Registration And Disciplinary Commission of Supreme Court of Illinois Issues Amended Complaint Filed Regarding Mark Steven Komessar
Targeted News Service |
In the Matter of:
Attorney-Respondent,
No. 3121877.
Commission No. 2012PR00170
FILED ---
AMENDED COMPLAINT
ALLEGATIONS COMMON TO ALL COUNTS
1. At all times alleged in this complaint, Respondent concentrated his law practice in the representation of plaintiffs in personal injury matters, and operated the law firm of "
2. Since at least 2010, Respondent maintained a client fund account at
COUNT I
(Conversion of
3. On
4. On or about
5. On
6. On or shortly after
7. On or shortly after
8. Prior to
9. On
10. On
11. Also on
Table omitted. Click here to view: http://www.iardc.org/12PR0170CM.html
12. The
13. On
14. As of
15. Between
16. On
17. At no time prior to
18. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. conversion;
b. breach of fiduciary duty;
a. failing to hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, by converting client and/or third party funds to his own use and causing the balance in his client trust account to fall below the amount then belonging to clients and/or third parties, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010);
b. failure to promptly deliver to a client or third person funds that the client or third person is entitled to receive, in violation of Rule 1.15(d) of the Illinois Rules of Professional Conduct (2010); and
c. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including converting client and/or third party funds to his own use and presenting settlement statements to his clients containing false statements, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).
d. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
COUNT II
(Conversion of
19. On
20. On or about
21. On
22. On
23. On
24. On
25. On
26. As of
27. Between
28. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. conversion;
b. breach of fiduciary duty;
a. failing to hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, by converting client and/or third party funds to his own use and causing the balance in his client trust account to fall below the amount then belonging to clients and/or third parties, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010); and
b. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including converting client and/or third party funds to his own use, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).
c. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
COUNT III
(Conversion of
29. On
30. On
31. On
32. On or about
33. On
34. On
35. On
Table omitted. Click here to view: http://www.iardc.org/12PR0170CM.html
36. The checks listed in paragraph 35, above, represented the payment by
37. On or about
38. On
39. As of
40. Between
41. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. conversion;
b. breach of fiduciary duty;
a. failing to hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, by converting client and/or third party funds to his own use and causing the balance in his client trust account to fall below the amount then belonging to clients and/or third parties, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010); and
b. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including converting client and/or third party funds to his own use, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).
c. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
COUNT IV
(Conversion of
42. On
43. On
44. On or about
45. Prior to
46. On
47. On
48. On
49. As of
50. Between
51. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. conversion;
b. breach of fiduciary duty;
a. failing to hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, by converting client and/or third party funds to his own use and causing the balance in his client trust account to fall below the amount then belonging to clients and/or third parties, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010); and
b. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including converting client and/or third party funds to his own use, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).
c. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
COUNT V
(Conversion of
52. On
53. In or about
54. Starting in or about late
55. Prior to
56. On
57. On
58. On
59. As of
60. Between
61. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. conversion;
b. breach of fiduciary duty;
a. failing to hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, by converting client and/or third party funds to his own use and causing the balance in his client trust account to fall below the amount then belonging to clients and/or third parties, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010); and
b. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including converting client and/or third party funds to his own use, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).
c. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
COUNT VI
(Conversion of
62. On
63. On
64. Prior to
65. On
Table omitted. Click here to view: http://www.iardc.org/12PR0170CM.html
66. On
67. On
68. On
69. As of
70. Between
71. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. conversion;
b. breach of fiduciary duty;
a. failing to hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, by converting client and/or third party funds to his own use and causing the balance in his client trust account to fall below the amount then belonging to clients and/or third parties, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010); and
b. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including converting client and/or third party funds to his own use, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).
c. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
COUNT VII
(Conversion of
72. On
73. On
74. On or about
75. On or about
76. On
77. On
Table omitted. Click here to view: http://www.iardc.org/12PR0170CM.html
78. Check numbers 1286 and 1289 represented Respondent's payment of medical liens on behalf of Kemp.
79. Also on
80. As of
81. On
82. On
83. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. conversion;
b. breach of fiduciary duty;
a. failing to hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, by converting client and/or third party funds to his own use and causing the balance in his client trust account to fall below the amount then belonging to clients and/or third parties, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010); and
b. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including converting client and/or third party funds to his own use, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010). c. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
COUNT VIII
(Conversion of
84. On
85. On
86. On or about
87. Prior to
88. On
89. On
90. On
91. As of
92. Between
93. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. conversion;
b. breach of fiduciary duty;
a. failing to hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, by converting client and/or third party funds to his own use and causing the balance in his client trust account to fall below the amount then belonging to clients and/or third parties, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010); and
b. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including converting client and/or third party funds to his own use, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).
c. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
COUNT IX
(Conversion of
94. On
95. On or about
96. As of
97. Prior to
98. On
99. On
100. On or about
101. On
102. As of
103. Between
104. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. conversion;
b. breach of fiduciary duty;
c. failing to hold property of clients or third persons that is in a lawyer's possession in connection with a representation separate from the lawyer's own property, by converting client and/or third party funds to his own use and causing the balance in his client trust account to fall below the amount then belonging to clients and/or third parties, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010); and
d. conduct involving dishonesty, fraud, deceit or misrepresentation, by conduct including converting client and/or third party funds to his own use, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010).
e. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
COUNT X
(Failure to respond to lawful demands for information from the ARDC)
105. The Administrator realleges the allegations contained in paragraphs one through 103, above.
106. On
107. On
108. On
109. As of
110. As of
111. Prior to
112. On
113. As of
114. As of
115. As of
116. By reason of the conduct described above, Respondent has engaged in the following misconduct:
a. knowingly failing to respond to lawful demands for information from a disciplinary authority, in violation of Rule 8.1(b) of the Illinois Rules of Professional Conduct (2010); and
b. conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(d) of the Illinois Rules of Professional Conduct (2010).
c. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute.
WHEREFORE, the Administrator requests that this case be assigned to a panel of the
Counsel for Administrator
Telephone: (312) 565-2600
Respectfully submitted,
Attorney Registration and
By:
TNS 18DejucosGrace-131226-30FurigayJane-4588606 30FurigayJane
Copyright: | (c) 2013 Targeted News Service |
Wordcount: | 6479 |
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