At his law firm's web site, attorney Marshall J. Auerbach lists himself as the "Dean of Illinois Divorce Lawyers". A search of the internet does not disclose that any such title was ever given to him. and therefore one could assume that he gave himself that title. Would it not be more correct for him to have listed himself as the "Dean of Unethical Illinois Divorce Lawyers"?
By not returning unearned attorney fees to his clients, CLR believes that attorney Marshall J. Auerbach is in possession of stolen property/ill-gotten gains. Any person to whom he has given such stolen property is also in possession of stolen property, whether it is his spouse, children or grandchildren, associate(s), employee(s), friend(s), and/or in-laws, and CLR suggests that they also may be involved in a criminal action.
The failure to return property in excess of $300.00 and less than $10,000.00 to the rightful owners is a class 3 felony, according to Illinois criminal statutes. 720 ILCS 5/16-1. CLR suggests that attorney Marshall J. Auerbach has engaged in one or more criminal acts.
"When a lawyer converts client money to his own use, he commits an act involving moral turpitude. In re Stillo, 68 Ill.2d 49, 368 N.E.2d 897, 899 (1977).
CLR suggests that attorney Marshall J. Auerbach, having engaged in a criminal act, is in violation of Illinois Attorney Rules of Professional Conduct Rule 8.4(3).
In addition, has any person had any experience with attorney Marshall J. Auerbach or his associated attorneys, abandoning a case for which they were employed?
One of our viewers informed us of a Chicago Tribune article dated January 21, 1986, describing a lawsuit against attorney Marshall Auerbach by one of his former clients, June Barry. Was this for legal malpractice? Is it true that Auerbach paid her $250,000 as a settlement?
If attorney Marshall J. Auerbach was your attorney
and you believe that he has engaged in misconduct in your case, or if you
would not recommend Mr. Marshall J. Auerbach as an attorney, please
let CLR know.
Another viewer reported that attorney Auerbach filed a Petition for Setting Fees against this client. The client's new attorney countered Auerbach's Petition alleging that Marshall J. Auerbach had engaged in acts in violation of the Illinois Rules of Professional Conduct and that the Court should strike Auerbach's fees. Were you bilked by attorney Marshall J. Auerbach?
Charges of misconduct as to violation of client-attorney confidentiality.
Additional Charges of misconduct as to failure to return unearned fees to client by attorney Marshall J. Auerbach filed with the ARDC. One wonders how many former clients of Marshall J. Auerbach has he failed to return unearned fees?
Charges of misconduct of Marshall J. Auerbach mentioned in complaint to the disciplinary commission.
None
of the charges of misconduct by attorney Marshall J. Auerbach have ever
been contraverted. They stand correct as charged.
Attorney Marshall
J. Auerbach continues to engage
in "fraud upon the Court" and upon his clients. Recently, he filed a Petition
for Setting Final Fees and Costs, alleging that his former client owed
him over $17,000.
Illinois law holds that an attorney engages in fraud even if he/she attempts to deceive. Attorney Marshall J. Auerbach attempted to deceive both his former client and the Court when he filed his Petition. Instead of ordering the former client to pay a total of over $17,000 to attorney Marshall J. Auerbach, the Court ordered the former client to pay attorney Marshall J. Auerbach only $11,300. Attorney Marshall J. Auerbach had attempted to overcharge his former client the sum of over $6100. We understand that the act of overcharging is an act of professional misconduct.
Is not the act of sending a deceptive Petition for Setting
Final Fees and Costs by mail to the former client, engaging in an act of
mail fraud? Did attorney Marshall
J. Auerbach engage in violaltion of
18 U.S.C. 1341?
Further, we suggest that attorney Marshall J. Auerbach's retainer agreement misrepresents Illinois law, and therefore attempts to deceive his client.
Is not the act of granting any attorney fees to an attorney who has engaged in any professional misconduct an act of promoting professional misconduct? We believe it is, or should be!
As an Illinois judge must comply with the Illinois Rules
of Professional Conduct, and as Rule 8.3 requires you to report attorney Marshall
J. Auerbach to the disciplinary commission for his fraud upon his
former client and for his "fraud upon the Court" and for his overcharging,
and as attorney Marshall J. Auerbach
has engaged in violation of Rule 8.4, we presume that you have reported
attorney Marshall J. Auerbach
to the disciplinary commission. If not, then we submit that you,
judge Jordan Kaplan, are engaged in professional misconduct.
email: clr@clr.org
Last updated October 12, 2007