On Monday, November 27, 2023, the Illinois Attorney Registration and Disciplinary Commission (IARDC) issued a report and recommendation regarding the disciplinary action against attorney David Walter Moore.

The case is entitled “In the Matter of David Walter Moore,” with case no. 2022PR00072.

The charges cited Illinois Rules of Professional Conduct 1.15(a) and 5.5(a)  which states:

A lawyer shall hold the property of clients or third persons that is in the lawyer’s possession in connection with a representation separate from the lawyer’s own property.

A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction.

According to the hearing board’s report, Moore was charged with two counts of misconduct, including dishonestly converting funds and engaging in the unauthorized practice of law. The board found that Moore violated the Rules of Professional Conduct by using at least $8,803.05 in funds for his own business or personal purposes without authorization. However, the board did not find that Moore’s conversion of funds was dishonest and therefore did not prove that he violated Rule 8.4(c).

The incident began in January 2017, when Moore agreed to represent a client in a personal injury matter. The client sustained injuries in a motorcycle collision, and Moore agreed to receive attorney fees equal to one-third of any settlement. In January 2019, Moore and the client agreed to accept a settlement offer of $42,500 from the insurer. Moore deposited the check into his trust account and paid the client $7,500 on April 16, 2019, without paying any medical liens or claims for reimbursement.

Moore testified that he withdrew his fees incrementally because he was concerned there might not be enough money to pay the medical liens. He also gave the client an additional $2,500 on November 4, 2019, to help him manage his medical expenses. In March 2020, Moore paid $9,180.34 to the medical providers in full payment of their liens. However, as of May 28, 2020, Moore should have been holding $9,153.66 in his trust account on behalf of third-party insurers, but the balance in his account fell to $350.61.

Moore acknowledged that he withdrew funds in excess of what he was entitled to and used them for personal and living expenses without the client’s authorization. He also made two deposits into his trust account, totaling $5,650, which he could not explain.

Based on this misconduct, the hearing board recommended that Moore be suspended for eighteen months, stayed after six months by one year of conditional probation.

According to avvo.com, Mr, Moore is an attorney in Wheaton, Illinois. He acquired his law license in Illinois in 1982.

A copy of the original filing can be found here.