The ARDC Hearing Board has recommended a six month suspension for a lawyer who falsely notarized a quit claim deed and then, when he received an inquiry from the ARDC, falsely informed the ARDC that the signatures of his clients were genuine. The panel explains:
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This is a disciplinary case against Herbert Arthur Bates, an attorney in Illinois. Bates was retained by a convicted criminal to handle his appeal. Bates was paid $10,000. Unfortunately, he missed numerous deadlines and the appeal was dismissed. He also failed to return the transcripts to the inmate so the inmate could do the appeal by himself. The ARDC Hearing Board recommended a suspension of eighteen months. Bates ultimately refunded the money he was paid to handle the appeal.
The Panel explains:
This case illustrates one of the problems with the ARDC process. The underlying conduct took place in 2004. The ARDC filed a complaint against the respondent in December 2008! She answered in February 2009, but the case did not come to hearing until January 2012. The decision was issued on August 24, 2012.
BEFORE THE HEARING BOARD OF THE.
One portion of the allegations against this lawyer concern an unreasonable fee. The lawyer represented an 84 year old woman who lived in a retirement community. The lawyer prepared routine estate planning documents and charged her $2500, which was paid. The next several paragraphs of the complaint allege as follows:
“6. Between November 21, 2009 and January 23, 2010, Respondent did no additional work for Mrs. Meyer. In January, 2010, Respondent presented Mrs. Meyer with a statement which described the services rendered as: “Will Review/Possible Changes, Power of Attorney; General, Power of Attorney; Health Care, Review of Stock Portfolio Fidelity Investments, Review of Other Financial documents, Bank Accounts, Etc., Travel to Peace Village, 11-10-2009 and 11-17-2009,” the exact services set forth in the November 18, 2009 statement. Respondent merely added the date of January 23, 2010 and inserted the words “Retainer Fee for 2010.” The amount of the statement was $25,000.
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