Ethically Challenged: The $69,000 Question

Allow me to do my annual good deed of political correctness and train a spotlight today upon the ethically challenged: Those poor, benighted attorneys who -- despite their best efforts -- are congenitally unable to comply with the Rules of Professional Responsibility. Let it be known that these poor souls suffer from a horrible affliction, and they deserve our sympathy as they struggle with their plight.

Or maybe they just deserve our derisive laughter for their stupidity and/or avarice. Either or, really.

For the inaugural edition of Ethically Challenged, please say hello to Lee Mark Smolen, a member of the Illinois bar since 1985 and the former director of the real estate practice group of Sidley Austin LLP's Chicago office. He is also, coincidentally enough, being dragged before the Illinois bar's disciplinary authorities. With so many years of practice experience and a proud Big Law pedigree, this means either there's been a terrible misunderstanding or that the alleged ethical abuses are a doozy.

Let's see what the ethics complaint alleges...

2. Between 2007 and 2012, Respondent submitted more than 800 requests that the firm reimburse him . . . for cab rides that he knew he had not taken. In support of the false requests, Respondent fabricated false taxi receipts, in amounts averaging approximately $80 each, and the firm paid Respondent approximately $69,000 based on the false submissions.

3. During the same period, Respondent also submitted, or caused to be submitted, fabricated cab receipts totaling at least $567 that were charged to other firm clients.

4. Also during the same period, Respondent submitted requests that he be reimbursed from . . . for purported entertainment expenses, including restaurant gift cards (totaling at least $13,000), tickets to sporting events (totaling at least $35,000) and meals at various locations, including his country club, on Mother's Day, Father's Day, Thanksgiving and other dates (totaling at least $2,000), that had not been incurred for legitimate firm purposes.

 The latter it is! You know you've made it in life when someone can even allege that you've racked up $69,000 in fraudulent cab fares and it be taken seriously. That's how you can tell you're a somebody: The ability to bill half-a-house to your firm, backed by your own homemade (and highly fraudulent) receipts, and think nobody will be the wiser!

In all seriousness, though, whenever these of allegations come down the pike, I always have to wonder: Assuming everything alleged is true, what on Earth possessed the high-ranking partner in question to do something so monumentally stupid? These are men (and occasionally women!) who, to the teeming masses of young attorneys, seem to have reached the zenith of the profession, making more in a year than my humble practice is likely to ever see and wielding influence with the greatest movers and shakers in the business world. Why risk everything to bilk your firm a lousy $100,000 or so, when that's basically pocket change to them in the first place? Can they actually think no one will notice? Is their hubris so great that they genuinely believe there will be no consequences?

Actually, I'm kind of hoping it's that last one. I'll never run out of things to write about at that point.

H/T: Legal Profession Blog