| Description: |
Connie R. Arenberg, also known as Connie Fernandez (WSBA No. 20482, admitted 1991), of Chicago, Illinois, was disbarred effective March 30, 2001, by order of the Supreme Court. The discipline is based upon her September 25, 2000 disbarment in the state of Illinois, on findings that she engaged in 96 acts of misconduct in violation of 13 disciplinary rules, affecting 23 clients over a three-year period. The violations included converting thousands of dollars and neglecting her clients’ cases.
Matter 1: During 1994 through 1997, Ms. Arenberg agreed to represent eight clients in actions to recover their rental security deposits. Ms. Arenberg settled the cases and deposited the clients’ settlement funds into her trust account. Ms. Arenberg did not inform the clients that she received the funds, or deliver the funds to the clients. By May 22, 1997, Ms. Arenberg’s client trust account balance was $2.48.
Matter 2: In 1994, Ms. Arenberg represented the renter in a forcible entry and detainer action to collect unpaid rent. On January 31, 1995, the Circuit Court of Cook County granted summary judgment against Ms. Arenberg’s client in the amount of $1,777.50. On March 2, 1995, Ms. Arenberg filed a notice of appeal from the judgment. At a hearing on March 13, the client appeared pro se and stated that Ms. Arenberg had filed the notice of appeal without his permission. The court continued the hearing because Ms. Arenberg was not present. On April 24, the parties filed settlement documents, and the client began making payments on the judgment.
Matter 3: In March 1994, Ms. Arenberg agreed to represent the defendant in a complaint for forcible entry and detainer, and collection of past-due rent. In November 1995, the court entered a $26,775 judgment in favor of Ms. Arenberg’s client. The judgment stated that the award of attorney’s fees was continued for presentation of an attorney’s-fees petition. Ms. Arenberg did not file a fee petition or take any further action to collect the judgment.
Matter 4: In June 1994, Ms. Arenberg agreed to represent the defendant in a forcible detainer and collection of unpaid rent case. In October 1995, the court entered a judgment for Ms. Arenberg’s client. The court’s order allowed 14 days for an attorney’s-fee petition to be filed and a date set for the fee hearing. Ms. Arenberg did not appear for the hearing and the case was stricken from the docket. As of December 1998, Ms. Arenberg had taken no further action on the case.
Matter 5: On October 6, 1995, Ms. Arenberg filed a motion to vacate a summary judgment entered against her client. She failed to appear in court on the date set and the court struck the motion. On October 25, 1995, Ms. Arenberg filed a motion to vacate the order striking her prior motion. Ms. Arenberg did not inform the client of the judgment against him. The client discovered the judgment and directed Ms. Arenberg to negotiate a payment plan. The client specifically stated that he did not want to appeal the decision.
On November 2, 1995, Ms. Arenberg filed a notice of appeal and deposited with the clerk a $5,000 check drawn on her client trust account. On November 8, Ms. Arenberg’s check was returned for insufficient funds. In July 1996, the appeal was dismissed for lack of jurisdiction. Ms. Arenberg told the clerk’s office that she would replace the check, but she did not.
On November 18, 1996, the parties informed the judge that the matter had been settled and that the appeal should be dismissed. The clients agreed on a payment plan, and the client gave Ms. Arenberg his personal check payable to the plaintiff. In early November 1995, Ms. Arenberg had requested that her client give her two months’ rent to hold in escrow pending the outcome of the appeal. The client gave Ms. Arenberg $560, which she deposited into her trust account. Ms. Arenberg did not pay rent with these funds, but on November 12, 1996, the client’s balance was $24.29. Ms. Arenberg used these funds for her own purposes.
Ms. Arenberg prepared the order dismissing the appeal and specified that the $5,000 bond be returned to her, knowing she had not paid the appeal bond. The judge signed the order, and on November 22, 1996, Ms. Arenberg received and deposited a $5,118.09 check from the clerk.
Matter 6: In January 1996, Ms. Arenberg agreed to represent a client in an action to recover her security deposit. On December 6, 1996, Ms. Arenberg filed a motion for an order of default. Between September 6, 1996 and December 19, 1996, the client informed Ms. Arenberg several times, both orally and in writing, that Ms. Arenberg was no longer the client’s lawyer. Ms. Arenberg did not withdraw or return the client’s file to her. The court denied the motion for order of default. Ms. Arenberg did not advise her client of this order.
Additionally, Ms. Arenberg failed to cooperate with the investigation of the Illinois discipline matters and gave false testimony during the proceedings.
Ms. Arenberg’s conduct violated Illinois Rules of Professional Conduct 1.1(a), 1.2(a), 1.2(f)(1), 1.3, 1.4(a), 1.4(b), 1.15(b), 1.16(a) (4), 116(d), 3.2, 8.1(a)(2), 8.4(a)(5) and Illinois Supreme Court Rule 771.
Felice Congalton represented the Bar Association. Ms. Arenberg represented herself.
|