On Thursday, June 1, 2023, the Illinois Attorney Registration and Disciplinary Commission (ARDC) filed a complaint against lawyer David Frederick Will for allegedly failing to act diligently and making false statements while representing a client seeking clemency.

The case is entitled “In the matter of David Frederick Will” with case no. 2023PR00035.

The charges cited Illinois Rules of Professional Conduct 1.3 and 8.4(c) which state:

Failing to act with reasonable diligence and promptness in representing Vincent.

Engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation.

The Rules of Professional Conduct can be found here.

According to the complaint, Will was retained in December 2020 by Vincent Burgess’s wife, Patricia, to file a petition for clemency on Vincent’s behalf, for which Will was paid $1,500. Over the next several months, Patricia provided Will with supporting documents for the petition.

In May 2021, Patricia texted Will inquiring about the status of the petition, as Vincent was not listed on the clemency docket. Will replied that he had filed the petition and was awaiting a response, when in fact he had not yet filed anything.

When Patricia followed up asking how the petition was filed, Will stated it had been emailed. Will reassured her the petition was emailed to the clemency board that same month. The ARDC alleges these statements were false, as Will had not submitted a petition by email or any other means.

Patricia continued calling and emailing Will through October 2021 asking for updates but received no information in response. Will never filed the clemency petition for Vincent.

The complaint alleges Will engaged in misconduct by failing to act diligently in representing Vincent and by making false statements to Patricia regarding the status of the case.

The Administrator asked the Hearing Board to hold a hearing and recommend appropriate discipline against Will based on the alleged misconduct.

The complaint states:

“WHEREFORE, the Administrator requests that this matter be referred to a panel of the Hearing Board of the Commission, that a hearing be conducted, and that the Hearing Panel make findings of fact, conclusions of fact and law, and a recommendation for such discipline as is warranted.”

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

A copy of the original filing can be found here.