Friday, October 9, 2009

Attorney Says Pawloski is "Contrite"

The metro-east attorney accused by state regulators of using at least $25,000 from a disabled adult ward and two estates on himself has asked the Illinois Supreme Court to revoke his attorney's license.

John F. Pawloski's request for disbarment was included in documents filed Tuesday with the Supreme Court, which could issue a decision on the matter in November.

The Illinois Attorney Registration and Disciplinary Commission listed civil charges of unauthorized use of the money in the documents. The charges also include accepting payment from some other clients and not delivering services, plus unauthorized practice of law during the two months last year he wasn't registered with the ARDC.

Attorneys can be disbarred in two ways, according to Jim Grogan, an ARDC spokesman: they can request it themselves, or the Supreme Court can force them out of practice.

Pawloski's request, if granted, means that the case with the ARDC will end and the charges won't be explored in court.

The documents filed Tuesday include an affidavit from Pawloski, in which he admits that, if the case were to proceed, the ARDC's evidence "would clearly and convincingly establish the facts and conclusions of misconduct" listed in the ARDC's charges.

Jim Williams, Pawloski's attorney, said Wednesday, "He's contrite about what happened, and he has agreed to repay. He has entered into repayment programs, he has volunteered to give up his license."

Williams said Pawloski plans to "do what needs to be done to make things right." He also said Pawloski likely will reapply for his license later.

Grogan said Pawloski will be eligible to try to get his license back after three years, but that it's difficult for attorneys to do so after discipline.

The ARDC's findings are separate from any other discipline Pawloski may face. The St. Clair County State's Attorney's Office is investigating, though Pawloski hasn't been charged criminally.

"Our investigation is still open," St. Clair County State's Attorney Robert Haida said Wednesday. "We're still reviewing it. There's no specific time frame on when a decision would be made."

Pawloski, when guardian and administrator for the cases in which he is accused, was acting as St. Clair County's public guardian and administrator, and he has refused to account for his use of more than $50,000 of wards' and deceased people's estate money. He has appealed a judge's demand that he do so, and that appeal is pending in the 5th District Appellate Court in Mount Vernon. No one knows how he was named public guardian. The governor makes the appointment, and a former Gov. Rod Blagojevich spokesman said that office never did appoint Pawloski. Illinois Secretary of State records also don't list Pawloski as a guardian and indicate the position was vacant at the time.

But local clerks and judges thought Pawloski was the appointee. Also, Pawloski's name was part of an online list of public guardians, put together by the Office of the State Guardian. That office doesn't appoint or oversee the county public guardians, and a representative of that office has declined to comment about how Pawloski ended up on the list, citing ongoing litigation in St. Clair County.

The position is still vacant.

Full Article and Source:
'He's Contrite About What Happened': Attorney Who Used Client's Money Will Give Up License

See also:
Will Justice be Served

Attorney Will Repay Estates

Who Watches the Guardians?

Lawyer Agrees to Repay Estate

Lawyer Appeals Judge's Demand

Lawyer Given More Time

Ten Days to Produce Documents

John Pawloski Case

11 comments:

StandUp said...

Baloney! Pawloski isn't contrite or he'd come forward with the accountings, admit his wrongdoing, beg the victims for forgiveness and hang his head in shame.

He's just sorry he got caught.

Sue said...

"Grogan said Pawloski will be eligible to try to get his license back after THREE YEARS, but that it's difficult for attorneys to do so after discipline."

WHAT? Get his license back? To steal again? Only this time don't get caught?

John F. Pawloski is a crook, a thief; he is full of it. He isn't sorry for what he did, he got caught. He deserves to be disbarred.

The ARDC is U S E L E S S!

The ARDC is stacked with enablers.

The ARDC are lawyers overseeing LAWYERS!!

Hey, folks, time to wake up! How about we allow prisoners to oversee daily routine of other prisoners while in prison? Good plan?

How about having parole boards stacked with cellmates, jail birds, deciding if the convict before them should have their request granted to be released on probation / parole into society?

Anonymous said...

Pawloski is a coward. He's trying to do whatever he can to garner any sympathy he can.

Contrite? No way.

Norma said...

Get his license back? I can't believe my eyes!

Get his license back? Why would that even be an option?

Anonymous said...

Pack up your bags, Pawloski, you'll be going on a nice long trip!

Anonymous said...

He's rotten to the core. There's not a contrite bone in his body.

Yeah, Stand Up, he's sorry he got caught.

Anonymous said...

NOBODY KNOWS HOW HE GOT THE APPOINTMENT????!!!!!

Oh poo. That's traceable and it should be investigated and reported.

Whoever "appointed" Pawloski should be investigated right along with him.

AntiShyster said...

Pawloski - and all other lawyers/fiduciaries - who tap the till - must pay!

If they are let off the hook, all the lawyers pay - with a greatly diminished image!

Thelma said...

Maybe the Bar screening committee should employ lie detector tests before permitting anyone to take the Bar exam.

Anonymous said...

Sue - your comments are wildly out of line.

A person convicted of, say, four DUI's may be "eligible" after a period of time to apply for reinstatement of his driver's license. But being "eligible" for reinstatement and being reinstated are two very different things; a person with a revoked driver's license must overcome a high standard of proof to convince the Secretary of State that he should be allowed to drive again. The same is true for disbarred lawyers.

The burden of proof for a disbarred attorney seeking reinstatement is almost impossibly high. Occasionally, disbarred lawyers regain their licenses, but it is very rare. In a case like this, where the attorney stole tens of thousands of dollars from his wards, you can rest assured that he won't be practicing law again, even if he finds Jesus, repays all the money and expresses the utmost remorse.

Your comments regarding the ARDC are baseless. The guy is giving up his law license without a fight - what more do you want from them? To waste money on a hearing to seek involuntary disbarment, so the guy has to wait five years instead of three to seek reinstatement?

You should direct your vitriol toward the prosecutor investigating criminal charges against Pawloski. He appears to be dragging his feet. If a regular person steals $50,000, he goes to prison for several years. Why should an attorney be treated differently?

Sue said...

Hey Anon you said "Sue - your comments are wildly out of line."

Really? Maybe part of the problem is I am looking at this situation through different eyes.

And, ARDC is in possession of a lot of complaints and I have seen some of the nasty letters they send out to the complainants when they don't want to hear from them anymore.

"You should direct your vitriol toward the prosecutor investigating criminal charges against Pawloski. He appears to be dragging his feet. If a regular person steals $50,000, he goes to prison for several years. Why should an attorney be treated differently?"

The prosecutor is dragging his feet; he is waiting for the statute of limitations to run out or for people to forget what this crook did. Or is this a case of another lawyer protecting another lawyer, what a suprise!

Is the prosecutor concerned where his re-election support and his campaign funds are coming from? What is the time limit in our great state of Illinois? 3 years for financial crimes? Tick Tick Tick............poof!

I propose we expand and increase the statutes of limitations for those who steal while acting as fiduciaries. Something has to scare these financial predators.