On Wednesday, June 14, 2023, the Hearing Board of the Illinois Attorney Registration and Disciplinary Commission recommended the disbarment of attorney Karen Linden Boscamp for her misconduct involving the dishonest use of the client’s assets for personal purposes.

The case is entitled “In the matter of Karen Linden Boscamp” with case no. 2022PR00070.

The charges cited Illinois Rules of Professional Conduct 3.3(a)(3) and 8.4(c).

The administrator brought forward a three-count first amended complaint against the respondent, alleging misconduct stemming from her actions as a co-trustee. Specifically, the charges stated that the respondent dishonestly utilized $51,850 from the trust’s assets for personal purposes without proper authorization. Additionally, she was accused of knowingly presenting false evidence during a guardianship proceeding and making a false statement under oath to the administrator.

The report and recommendation state:

“In 2016, Respondent received payments from the trust in the amounts of $21,350 and $6,000. The $21,350 payment corresponded to an invoice dated February 18, 2016, for legal services Respondent provided to Jenny, personally. These services included meeting with Jenny for estate planning and real estate tax issues, consulting with Jenny’s physician, taking a 7-day trip to Minnesota with Jenny, taking a trip to Indiana to look at real estate, and talking with a contractor who performed work on the basement of Jenny’s residence. (Adm. Ex. 5 at 0021). Respondent did not present an invoice for the $6,000 disbursement in the underlying litigation and there is no explanation of this disbursement in the evidence before us.”

The report and recommendation continue:

“Respondent admits she owed the trust beneficiaries a duty to ensure that the trust assets were distributed to them and to refrain from using the trust assets for her own purposes. (Ans. at par. 6). She further admits she did not register the trust with the Illinois Attorney General or submit periodic annual written reports regarding the trust assets and the administration of the trust. (Ans. paras. 8, 9). Respondent testified that she did not have to comply with the Charitable Trust Act until Jenny was no longer the co-trustee. (Tr. 174). She denied that she or Jenny misused or misappropriated funds from the Trust. (Tr. 160). She testified that Jenny chose to use the trust to pay for the minivan and her legal fees and was permitted to do so as the “controlling co-trustee.” (Tr. 140, 156-57).”

After a thorough examination of the case, the Hearing Board concluded that the Administrator had successfully demonstrated all of the alleged misconduct. The respondent was found to have engaged in repeated acts of dishonesty, which constituted serious misconduct. The Hearing Board considered various factors, including the minimal mitigating circumstances and significant aggravating factors such as harm caused to the trust, failure to make restitution, a lack of candor during the proceedings, and a failure to accept responsibility for her actions.

Given the gravity of the misconduct and the aforementioned aggravating factors, the Hearing Board made a recommendation for the respondent’s disbarment.

The recommendation states:

“Having considered the applicable precedent, the nature of the misconduct, the substantial aggravation, and minimal mitigation, we determine that a recommendation of disbarment is warranted. We do not make the recommendation of disbarment lightly but find it necessary in order to protect the public and the integrity of the profession. Accordingly, we recommend that respondent, Karen Linden Boscamp, be disbarred.”

Ms. Linden practices in Des Plaines, Illinois. She is licensed in Illinois. Her info can be found on lawyersfindlaw.com.

A copy of the original filing can be found here.