Attorney for Petitioner e-mailing with Arbitrator about merits of case, and not including Employer's attorney, sanctioned by ARDC

11 PR 78

Award: Petitioner's attorney subjected to discipline

Accident:  Attorney represented State Police officer injured in car crash, and e-mailed with the arbitrator about the merits of the case, which was disputed by the State Police on the issue of "arising out of."  The arbitrator e-mailed back, and there was a discussion by e-mail that the Petitioner's attorney knew was not including the employer's attorney.  The prohibited conduct this lawyer engaged in included:

a.  communicating ex parte with a judge or other official during a proceeding, in violation of Rule 3.5(b) of the Illinois Rules of Professional Conduct (2010);

b. engaging in conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(d) of the Illinois Rules of Professional Conduct (2010); and

c. engaging in conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute in violation of Supreme Court Rule 770.