On Friday, September 2, 2022, the Administrator of the Illinois Attorney Registration and Disciplinary Commission filed charges for attorney discipline against Champaign attorney James Douglas Cottrell alleging trust account violations.

The case, titled In the Matter of James Douglas Cottrell, is being heard by the Hearing Board of the Illinois Attorney Registration and Disciplinary Commission. Case #2022PR00069.

The charges cited Cottrell’s violation of  Rule 1.15(a) and Rule 8.4(c) of the Illinois Rules of Professional Conduct, which provide:

A lawyer shall 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. . .

It is professional misconduct for a lawyer to engage in conduct involving dishonesty, fraud, deceit, or misrepresentation.

A summary of the allegations stated in the Complaint goes:

On April 2014, Respondent has operated James D. Cottrell Law Office, P.C. in Champaign, as a sole attorney providing legal services in areas of real estate and estate planning. He opened a trust account ending in 6729 to hold client funds for his sole practice. On April 8, 2014, Respondent purchased a law practice of Carl J. Sinder, a retiring attorney. Sinder tendered a check to the Respondent  in the amount of $2,977.23 representing client trust funds, and a list of individuals or groups to whom the funds belonged. On the same day, Respondent deposited the check into trust account 6729. Between April 8, 2014 and March 6, 2022, Respondent used $2.902.34 belonging to Sinder’s former clients for Respondent’s own business or personal purposes. At no time did Respondent tender funds to the individuals or groups on the list provided by Sinders.

By reason of the conduct described above, Respondent failed to hold property of clients or third persons that is in his possession in connection with a representation separate from his own personal property, in violation of Rule 1.15(a) of the Illinois Rules of Professional Conduct (2010). Respondent also engaged in dishonest, fraudulent, deceitful, or misrepresentation knowingly using at least $2,902.34 in funds belonging to third parties for his own business and personal purposes, without authorization, in violation of Rule 8.4(c) of the Illinois Rules of Professional Conduct (2010)
 
In view of the foregoing, Jerome Larkin, Administrator of the Illinois Attorney Registration and Disciplinary Commission requests “that the Hearing Board of the Illinois Attorney Registration and Disciplinary Commission that this matter be assigned to a panel of the Hearing Board, that a hearing be held, and the panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.”

As of today, Mr. Cottrell is listed on the website of his law firm James D. Cottrell Law Office, P.C., as a practicing attorney. He attended Drake University, graduating in 1982. Cottrell practices in Champaign, Illinois. He is licensed in Illinois.

A copy of the original filing can be found here.