On Monday, September 16, 2024, the Illinois Attorney Registration and Disciplinary Commission Hearing Board recommended that attorney Brian Thomas Dailey be disbarred from the practice of law.
The case is entitled “In the Matter of Brian Thomas Dailey”, with case number 2023PR00057.
The recommendation comes after a default hearing held on August 26 and September 3, 2024. Dailey did not file an answer responding to the two-count complaint brought by ARDC Administrator Jerome Larkin. As a result, the hearing board deemed the allegations in the complaint to be admitted.
The complaint alleged that between 2019 and 2021, Dailey mishandled client funds in 29 separate personal injury and malpractice cases while working as the principal of Dailey Law Firm. It is alleged that Dailey deposited over $900,000 in settlement funds belonging to clients and third parties into his law firm’s IOLTA account. However, by drawing checks and transferring money, Dailey converted at least $737,963.53 of those funds for his own personal and business use without authorization.
None of the affected clients gave Dailey permission to use their settlement money. The complaint alleged Dailey’s actions amounted to conversion and violated Illinois rules regarding safekeeping client property, prompt delivery of funds, and engaging in dishonest conduct.
In its recommendation, the hearing board said the extensive pattern of misconduct over several years and substantial harm to clients warranted disbarment. They noted Dailey’s lack of participation in the disciplinary process, failing to file an answer or provide documents requested during investigations by the ARDC.
The complaint also accused Dailey of ignoring subpoenas and requests for information from the ARDC regarding its investigations into his handling of client funds. Dailey did not provide a sworn statement, records, or respond to allegations made against him as required.
The hearing board found Dailey committed the misconduct alleged based on the default and evidence presented only regarding aggravation. The ARDC clerk has certified the board’s recommendation, which will next be considered by the Illinois Supreme Court.
According to Avvo, Mr. Dailey is a car accident attorney in Chicago, Illinois. He obtained his law license in Illinois in 1989.
A copy of the original filing can be found here.
