Opinion
MR 19734.
Filed December 8, 2004.
Summary of Misconduct:
Mr. Byrnes, who was licensed in 1987, was suspended for one year and until further order of the Court with all but the first 60 days stayed by a two-year period of probation. The suspension is effective on December 8, 2004. He neglected client matters, failed to refund an unearned fee, mishandled client funds, and failed to handle a client matter competently.
Order of the Court:
The petition by the Administrator of the Attorney Registration and Disciplinary Commission to impose discipline on consent pursuant to Supreme Court Rule 762(b) is allowed. Respondent Thomas William Byrnes is suspended from the practice of law for one year and until further order of the Court, stayed after 60 days by a two-year period of probation, commencing on the effective date of the order of discipline, subject to the following conditions:
a. Respondent shall attend meetings scheduled by the Commission probation officer as requested by the Administrator. Respondent shall submit quarterly written reports to the Administrator concerning the status of his practice of law and the nature and extent of his compliance with the conditions of probation.
b. Respondent shall notify the Administrator within 14 days of any change of address.
c. Respondent shall comply with the Illinois Rules of Professional Conduct and shall timely cooperate with the Administrator in providing information regarding any investigation relating to his conduct.
d. Respondent shall reimburse the Commission for the costs of this proceeding as defined in Supreme Court Rule 773 and shall reimburse the Commission for any further costs incurred during the period of probation.
e. Respondent shall abstain from the usage of alcohol and any unprescribed controlled substances.
f. Respondent shall report to the Administrator any lapse in his sobriety or usage of any unprescribed controlled substances within 72 hours of that usage.
g. Respondent shall continue with his course of medical treatment with Doctor Nadiu, or other such qualified medical professional.
h. Respondent shall continue to follow the treatment recommendations made by Dr. Henry in regard to respondent's alcohol dependence: (1) respondent shall continue in the aftercare recommendations of his intensive outpatient program; (2) respondent shall participate in the Caduceus 12-step program designed for chemically dependent professionals; (3) respondent shall maintain regular contact with his sponsor and regularly attend 12-step meetings.
i. Respondent shall upon request by the Administrator submit to random substance testing by a mental health professional or facility approved by the Administrator, within eight hours of receiving notice by the Administrator that he shall submit to the testing. The results of the test shall be reported to the Administrator. Respondent shall pay any and all costs of such testing.
j. Respondent shall sign the necessary releases to allow his treating physicians and substance abuse therapists to: (1) disclose to the Administrator on at least a quarterly basis information pertaining to the nature of respondent's compliance with his treatment plan; (2) report on respondent's condition in regard to the status of his cannabis dependency; (3) promptly report to the Administrator respondent's failure to follow his treatment plan; and (4) respond to any inquiries from the Administrator regarding respondent's prognosis in relation to his treatment through Dr. Naidu or his alcohol dependence.
k. Respondent shall refund the $800 he received from Carl Neilsen to file the second bankruptcy petition and provide proof of that refund to the Administrator within 60 days of being placed on probation.
l. Respondent shall notify the Administrator within seven days of any change in treatment professionals.
m. Probation shall be revoked if respondent is found to have violated any of the terms of probation. The suspension for one year and until further order of the Court shall commence from the date of the determination that any term of probation has been violated.
Suspension effective December 8, 2004.
Respondent Thomas William Byrnes shall reimburse the Disciplinary Fund for any Client Protection payments arising from his conduct prior to the termination of the period of suspension/probation.