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Contracts Keyed to Calamari
In Re James H. Himmel, Attorney
Facts
On January 22, 1986, a complaint was filed against an attorney by the Administrator of the Attorney Registration and Disciplinary Commission (the "Commission") for violation of Rule 1-103(a) of the Code of Professional Responsibility (the "Code"). Rule 1-103(a) concerns the failure to disclose to the Commission an act of attorney misconduct. Specifically, it is alleged that the Respondent, James H. Himmel (the "Respondent") failed to disclose to the Commission that another attorney, John R. Casey ("Mr. Casey") was illegally converting Tammy Forsberg's ("Ms. Forsberg") funds. The Respondent was retained by Ms. Forsberg in an attempt to reacquire the funds from Mr. Casey. The Hearing Board found the Respondent "received unprivileged information that Casey converted Forsberg's funds, and that respondent failed to relate the information to the Commission in violation of Rule 1-103(a) of the Code." The Respondent spoke to and in the presence of many individuals about this matter including Ms. Forsberg's mother, her fiancé, Mr. Casey an insurance company's representatives and lawyer. The Respondent did not receive a fee in this matter although he reached a settlement agreement with Mr. Casey. However, the Respondent could have received a large fee if Mr. Casey had satisfied the judgment against him.
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