On Thursday, March 30, 2023, attorney Ian Bennet Berliner filed a motion requesting the Supreme Court of Illinois to strike his name from the rolls of attorneys after misconduct involving the conversion of funds of clients and failing to cooperate with the administrator’s investigation.

The case is entitled “In the Matter of Ian Bennet Berliner,” and was brought by the Attorney Registration and Disciplinary Commission with case no. 2022PR00074.

The charges cited Illinois Rules of Professional Conduct 1.15(a), 1.15(d), 8.1(b) and 8.4(c) which states:

Failure to hold property of clients or third persons that is in a lawyer’s possession in connection with a representation separate from the lawyer’s own property, by conduct including using funds belonging to Rayskis.

Failure to promptly deliver to a client or a third person funds that the client or a third person is entitled to receive.

knowingly failing to respond to a lawful demand for information from a disciplinary authority.

Conduct involving dishonesty, fraud, deceit, or misrepresentation.

The Rules of Professional Conduct can be found here.

Through a seven-count complaint, the Attorney Registration and Disciplinary Commission alleged that the respondent; converted more than $198,000 in funds from five clients, made false statements to the administrator, and failed to cooperate with the administrator’s investigation into his conduct.

On September 7, 2022, the Administrator of the Illinois Attorney Registration and Disciplinary Commission filed charges for attorney discipline against the respondent alleging conversion of funds, dishonesty, fraud, deceit, or misrepresentation, and failure to respond to a lawful demand for information from a disciplinary authority as well.

The Complaint states:

“During this time, while Movant should have been holding at least $72,500 to pay Kramer, Movant, without authority, caused disbursements from his IOLTA account to be made to pay for Movant’s own business and personal purposes, causing the balance in the account to fall to $2,108.86. Movant’s use of that $70,391.14 belonging to Kramer constitutes conversion.”

The Complaint continues:

“Between July 7, 2021, and September 3, 2021, while Movant should have to been holding that $15,417.06 in his IOLTA account, he, without authority, caused disbursements from his IOLTA account for his own business and personal purposes drawing the balance in the account to fall to $223.12. As a result, Movant had converted $15,193.94 in which McHugh and Leffler had an interest.”

The Complaint further states:

“By email messages dated August 2, 2 021 and September 2, 2021, the Administrator sent correspondence to Movant requesting a response to allegations regarding the Medical Gloves transaction and Huron Street property, respectively. Movant did not respond, so, on April 5, 2022, the Administrator served Movant, by email and regular and certified mail, with a subpoena requiring him to appear for a sworn statement on April 28, 2022. Movant received the subpoena, but he did not appear for the sworn statement, and his appearance was never waived or excused.”

In relation to this, Mr. Berliner requested the court to enter an order striking his name from the rolls of attorneys in the state of Illinois..

Mr. Berliner practices in Chicago, Illinois. He is licensed in Illinois. His info can be found on avvo.com.

A copy of the original filing can be found here.