CURT PATRICK REHBERG
Crystal Lake, Illinois

BEFORE THE HEARING BOARD
OF THE
ILLINOIS ATTORNEY REGISTRATION
AND
DISCIPLINARY COMMISSION

In the matter of:

CURT PATRICK REHBERG,

Attorney-Respondent,

No. 6201832.
 
Commission No. 02 CH 24

FILED - April 24, 2002
 
COMPLAINT

Mary Robinson, Administrator of the Attorney Registration and Disciplinary Commission, by her attorneys, James A. Doppke, Jr. and Shannon K. Freed, pursuant to Supreme Court Rule 753(b), complains of Respondent Curt Patrick Rehberg, who was licensed to practice law in Illinois on November 9, 1989, and alleges that Respondent has engaged in the following conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute:

1.  In 1971, Mamdouh Ishak, M.D., ("Ishak") purchased a parcel of real estate located near Barrington Road and Dundee Road in Barrington, Illinois ("the property").
2.  In December 1993, Respondent agreed to represent Ishak in Ishak's efforts to request that the Village of Barrington ("the Village") rezone the property.

3.  On or about August 24, 1994, Respondent filed a petition before the Village's Plan Commission by which Ishak sought, in part, to have an existing special use permit amended to allow construction of an office building on the property.

4.  As of May 15, 1998, the Village had not rezoned the property.

5.  On May 15, 1998, Respondent and Ishak executed an agreement under which Respondent agreed to institute and prosecute an action in the Circuit Court of Cook County against the Village on Ishak's behalf seeking relief from the Village's refusal or failure to rezone the property.

6.  On or about August 24, 1998, Respondent told Ishak that Respondent had filed suit against the Village on July 10, 1998 in the Circuit Court of Cook County, and that the matter had been assigned number 98 L 003455 by the Clerk of the Circuit Court of Cook County.

7.  In January 2000, Respondent told Ishak that he believed that Ishak's claims would be more appropriately addressed in federal court, and that case number 98 L 003455, which purportedly related to Ishak's claim against the Village, should be dismissed. Ishak authorized Respondent to take action based on that advice.

8.  Shortly thereafter, Respondent told Ishak that he had dismissed case number 98 L 003455, and had filed a new action in federal court against the Village on Ishak's behalf.

9.  In July 2000, Respondent told Ishak that the purported federal action relating to Ishak's claims against the Village should be dismissed, and should be refiled in the Circuit Court of Cook County. Ishak authorized Respondent to take action based on that advice.

10.  Shortly thereafter, Respondent told Ishak that he had dismissed the purported federal action, and had filed a new action in the Circuit Court of Cook County against the Village on Ishak's behalf.

11.  Respondent's statements to Ishak, as described in paragraphs six through 10, above, were false and were intended to deceive Ishak into believing that Respondent was diligently pursuing Ishak's interests in the matter.

12.  In fact, Respondent had taken no action to file any lawsuit on Ishak's behalf against the Village. The Clerk of the Circuit Court of Cook County had assigned number 98 L 003455 to a complaint filed on March 23, 1998 and entitled American Guarantee & Liability Insurance Company v. S. Rebacz Trucking & Excavating. Case number 98 L 003455 bore no relationship to Respondent, to Ishak, or to Ishak's claim against the Village. Moreover, Respondent had no reason to believe Ishak's zoning dispute should have been addressed in federal court, and had taken no action in federal court on Ishak's behalf.

13.  At no time did Respondent file any lawsuit on Ishak's behalf against the Village.

14.  By reason of the conduct described above, Respondent has engaged in the following misconduct:

a. failure to act with reasonable diligence and promptness in representing a client, in violation of Rule 1.3 of the Illinois Rules of Professional Conduct;

b. failure to keep a client reasonably informed about the status of a matter and to promptly comply with reasonable requests for information in violation of Rule 1.4(a) of the Illinois Rules of Professional Conduct;

c. engaging in conduct involving dishonesty, fraud, deceit or misrepresentation, in violation of Rule 8.4(a)(4) of the Illinois Rules of Professional Conduct;

d. engaging in conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(a)(5) of the Illinois Rules of Professional Conduct; and

e. engaging in conduct which tends to defeat the administration of justice or to bring the courts or the legal profession into disrepute in violation of Supreme Court Rule 771.

WHEREFORE, the Administrator respectfully requests that this matter be assigned to a panel of the Hearing Board, that a hearing be held, and that the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.

Respectfully Submitted,

Mary Robinson, Administrator
Attorney Registration and
Disciplinary Commission

By: James A. Doppke, Jr.
By: Shannon K. Freed

James A. Doppke, Jr.
Shannon K. Freed
Counsel for the Administrator
130 East Randolph Drive, #1500
Chicago, Illinois 60601
Telephone: (312) 565-2600
 



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