A lawyer accused of lying about his availability to an arbitrator and other misconduct should lose his law license for 30 days, a lawyer-discipline panel recommended.
An Attorney Registration and Disciplinary Commission Review Board panel urged the sanction for Thomas E. Margolis of Carbondale earlier this month.
It’s half of what an ARDC Hearing Board panel recommended in January, when it urged that Margolis receive a 60-day suspension.
The hearing board functions as a trial court in the disciplinary process, while the review board acts as an appellate tribunal. The Illinois Supreme Court has the final say in most attorney-discipline cases.
The review board noted that Margolis, an Illinois lawyer since 1993, has not been previously disciplined. His attorney, William F. Moran III, a partner at Stratton, Moran, Sronce, Reichert & Nardulli in Springfield, said Margolis’ record helped.
“I think (the review board was) in some ways complimentary of the background and record of Mr. Margolis, including his more than 20 years of unblemished conduct and the finding that he’s unlikely to engage in misconduct in the future,” Moran said.
ARDC Deputy Administrator James J. Grogan declined to comment about the review board report.
At the time of his alleged misconduct, Margolis worked for Rusin & Maciorowski Ltd.
He now has a workers’ compensation defense practice in Carbondale. He also serves as an adjunct law professor at Southern Illinois University School of Law.
The hearing board found that in March 2013, Margolis lied to an arbitrator and opposing counsel. Margolis allegedly had falsely advised them that he was in Caruthersville, Mo., for another matter.
When it appeared Margolis might not make it to Herrin, Ill., for the arbitration matter, Margolis and the opposing lawyer agreed to have a pretrial conference by telephone.
Margolis then allegedly repeated the lie to the arbitrator by falsely stating that he was in Caruthersville.
The arbitrator continued the matter. The workers’ compensation case later settled.
The hearing board also found that Margolis allegedly made unauthorized payments while representing Cahokia Nursing Rehabilitation Center in a workers’ compensation claim.
In February 2013, a plaintiff attorney filed an amended petition for penalties and attorney fees.
Margolis allegedly failed to communicate with the nursing home and third-party administrator in the case and did not inform them that the petition was filed. He instead negotiated the amount of the claimant’s medical bills and paid $8,756 with his own money to cover the bills.
The plaintiff later withdrew the petition.
Margolis violated discipline rules by failing to consult with his client about his actions, the review board report says.
Margolis also represented Maryville Manor Nursing Home in another workers’ compensation claim brought on behalf of Billie Mouser.
Margolis and Mouser’s attorney reached an agreement to pay 25 weeks of permanent partial disability as an advance to the claimant.
Several weeks after reaching the agreement, the claimant’s attorney called Margolis and said Mouser was going to lose her apartment or that “something bad” was going to happen because she needed the money, the review board report says.
Margolis knew that Mouser’s attorney could not ethically advance his client the money. Instead, Margolis decided to advance the money and sent her attorney a personal check to Mouser for $1,500.
Mouser’s attorney later reimbursed Margolis from the settlement proceeds after the matter settled.
The hearing board found that Margolis violated disciplinary rules by failing to disclose the advance to his client.
Margolis’ attorney filed exceptions and the lone issue before the review panel was the appropriate sanction.
Margolis’ attorney asked the review board to recommend a censure.
The ARDC administrator’s office urged a suspension of at least 60 days.
The review board split the difference.
Margolis’ “repeated failure to make the right decisions to comply with the most fundamental rules governing our profession warrants a sanction greater than a censure,” the review board report says.
“In order to protect the integrity of the legal profession and deter other attorneys from engaging in similar acts, we believe that a 30-day suspension is warranted.”
Jill W. Landsberg served as the review board’s chairwoman, joined by R. Michael Henderson and John A. Fairman II. In the matter of Thomas E. Margolis, No. 2014 PR 00031.