niew

ARDC I Rules and Decisions Page 1 of2

Rules and Decisions

Recently Filed Disciplinary Decisions and Complaints I Rules Governing Lawyers and Judges I DisciplinaryReports and Decisions I Search Help and Collection Scope I Home

DECISION FROM DISCIPLINARY REPORTS AND DECISIONS SEARCH

FiledAugust 12,2013

BEFORE THE HEARING BOARDOF THE

ILLINOIS ATTORNEY REGISTRATIONAND

DISCIPLINARY COMMISSION

In the Matter of:

KATHLEEN IRENE NIEW,Commission No. 2012PR00162

Attorney-Respondent,

No. 6180449.

REPORT AND RECOMMENDATION OF THE HEARING BOARD

DEFAULT PROCEEDING

The hearing in this matter was held on June 27,2013, at the Chicago offices ofthe Attorney Registration andDisciplinary Commission, before a Hearing Board Panel consisting of Kenn Brotman, Chair, Carrie A.Durkin, and Audrey Hauser. Lea S. Gutierrez appeared on behalf of the Administrator. Rita Greggio, a lawschool graduate, also appeared on behalf of the Administrator pursuant to Supreme Court Rule 71l(c).Respondent was not present and no counsel appeared on her behalf. At the conclusion of the Administrator'spresentation, counsel for the Administrator recommended that Respondent be disbarred.

We have considered the Administrator's two-count Complaint, a copy of which is attached as Exhibit 1, theorder entered on April 19,2013, deeming the allegations of the Complaint admitted, attached as Exhibit 2,and the evidence presented by the Administrator at the hearing.

The Administrator submitted seventeen exhibits, which included communications to and from Respondentregarding her clients' funds (Adm. Exs. 2, 6); bank statements and ledgers pertaining to client funds (Adm.Exs. 3, 4, 5); complaints filed against Respondent by former

PAGE 2:

clients (Adm. Exs. 7, 12); court documents pertaining to a lawsuit filed against Respondent's former clientsas a result of Respondent's conduct (Adm. Ex. 9); documents regarding the revocation of Respondent'sinsurance producer license (Adm. Ex. 13); Illinois Supreme Court orders regarding Respondent's priordiscipline and interim suspension (Adm. Exs. 14, 15, 16); and descriptions of Respondent's background andpractice posted on her law firm website (Adm. Ex. 17). The Administrator also presented the testimony of

http://www.iardc.org/rd _database/disc_decisions _detailyrint.asp?Group= 11030 8/13/2013

ARDC I Rules and Decisions Page 2 of2

Jamal Khoury, Leda Khoury, and Lester Trilla in aggravation of Respondent's misconduct. Pursuant to theChair's order of June 27,2013, and Supreme Court Rule 277, the Administrator submitted a report regardingprior discipline imposed against Respondent in In re Niew and Zitzka, 87 CH 153, M.R. 5576 (May 25,1989), and In re Niew, 98 CH 113, M.R. 17491 (July 7, 2001). Respondent did not respond to theAdministrator's report. Accordingly,

1. Service of the Administrator's Complaint was made upon Respondent on January 4,2013.

2. This Panel finds by clear and convincing evidence that Respondent engaged in the acts allegedand committed the misconduct as charged in the Complaint.

3. Given Respondent's misconduct, the aggravating evidence, and the relevant case law submittedby the Administrator, we recommend that Respondent, Kathleen Irene Niew, be disbarred.

4. The Panel has concluded that this form will adequately communicate its recommendation tothe Court.

PAGE 2:

Respectfully Submitted,

Kenn BrotmanCarrie A. DurkinAudrey Hauser

CERTIFICATION

I, Kenneth G. Jablonski, Clerk of the Attorney Registration and Disciplinary Commission of the SupremeCourt of Illinois and keeper of the records, hereby certifies that the foregoing is a true copy of the Report andRecommendation of the Hearing Board, approved by each Panel member, entered in the above entitled causeof record filed in my office on August 12, 2013.

Kenneth G. Jablonski, Clerk of theAttorney Registration and Disciplinary

Commission of the Supreme Court of Illinois

http://www.iardc.org/rd _database/disc_decisions _detailyrint.asp?Group=11 030 8/1312013