On Tuesday, February 13, 2024, the Hearing Board of the Illinois Attorney Registration and Disciplinary Commission submitted its report and recommendation to censure attorney Sami Ziad Azhari.
The case is entitled “In the Matter of Sami Ziad Azhari,” with case no. 2023PR00007.
The charges cited Illinois Rules of Professional Conduct 1.8(j).
The report stemmed from a complaint filed by the Administrator charging Azhari with one count of violating the Illinois Rule of Professional Conduct by engaging in a sexual relationship with a client after their attorney-client relationship had commenced. Azhari had represented the woman, referred to as L.F., in a 2014-2015 criminal case for telephone harassment.
In his answer to the complaint, Azhari admitted to all of the factual allegations but did not admit that his actions constituted misconduct. A hearing was held on August 15, 2023, where testimony was provided by L.F., Azhari, and eight character witnesses called on Azhari’s behalf.
The Board considered arguments from the Administrator in aggravation, including that L.F. was a vulnerable victim and Azhari’s representation had been impaired, negatively impacting the outcome of her case. However, it found that these aggravating factors were not proven by clear and convincing evidence, based on conflicting testimony and a lack of evidence showing actual harm.
After weighing the sole proven aggravating factor of Azhari’s ongoing violation against substantial mitigating evidence, including Azhari’s candor, remorse, changes to his life and practice, and support from eight character witnesses, the Board recommended that Azhari be censured for his misconduct.
In its analysis, the Board found suspension was not warranted given Azhari’s single rule violation without additional dishonesty or aggravating factors, and that a reprimand or no sanction was insufficient given the seriousness of an attorney-client sexual relationship. A censure, the Board determined, appropriately fulfilled the goals of discipline given Azhari’s recognition of wrongdoing and mitigating facts indicating he was not likely to re-offend.
The recommendation states:
“We recommend that Respondent be censured for his misconduct due to his violation of Rule I .8(j), the substantial factors in mitigation, the minimal factors in aggravation, and relevant case law.”
According to avvo.com, Mr. Azhari is a criminal defense attorney in Rolling Meadows, Illinois. He attended the Michigan State University, graduating in 2007. He acquired his law license in Illinois in the same year.
A copy of the original filing can be found here.
