On September 21, 2023, the Supreme Court of Illinois disciplined Alan Kent Wittig, an attorney who had been disciplined in the State of Arizona, by censuring him in Illinois and placing him on probation for one year.
The case is entitled “In the Matter of Alan Kent Wittig,” with case no. 2023PR00014.
On September 20, 2022, the Presiding Disciplinary Judge of the Supreme Court of Arizona reprimanded Alan Kent Wittig and placed him on probation for one year with conditions. This disciplinary action was taken after Wittig had violated Arizona Rules of Professional Conduct by failing to diligently represent a client and engaging in conduct prejudicial to the administration of justice.
Wittig’s misconduct began in June 2021 when he represented a mother in litigation regarding her minor son’s move from Arizona to Tennessee with the child’s father. Wittig failed to respond to discovery requests and failed to discuss the motion for a continuance with his client before filing it.
Wittig submitted the discovery answers that were originally due on November 1, 2021, on November 30, 2021, and his request for a continuance was subsequently denied. His client was notified that another attorney from his firm would represent her at the trial, and Wittig submitted four exhibits to the court for the trial. However, his paralegal failed to send the exhibits to the father’s attorney, resulting in their exclusion from evidence. The court ruled against Wittig’s client and sanctioned her for the discovery failures.
Wittig conditionally stipulated violating ER 1.3, which requires a lawyer to act with reasonable diligence and promptness in representing a client, ER 1.4, which requires a lawyer to act reasonably in communicating with clients, and ER 8.4(d), which prohibits a lawyer from engaging in conduct that is prejudicial to the administration of justice.
This was not Wittig’s first disciplinary offense. In 2013, he received an admonishment and probation for engaging in a conflict of interest with a client and failing to return client funds. In 2016, he was admonished with probation for neglecting to file a responsive pleading in a federal lawsuit, which resulted in the dismissal of the suit. In 2018, he received an admonishment and probation for commingling funds and neglecting to promptly notify a third party regarding funds he had received, in which the third party had an interest. In 2019, he was once again admonished with probation for failing to act diligently on behalf of a client and neglecting to promptly distribute funds that were not subject to any competing claims.
The Administrator of the Attorney Registration and Disciplinary Commission (ARDC) in Illinois petitioned the Supreme Court to impose reciprocal discipline on Wittig. The petition sought to censure him in Illinois and place him on probation, subject to the conditions imposed in Arizona until his Arizona probation was completed.
The Supreme Court, in its ruling, approved the petition and imposed reciprocal discipline on Wittig.
The Disposition states:
“Petition by the Administrator of the Attorney Registration and Disciplinary Commission to impose reciprocal discipline pursuant to Supreme Court Rule 763. Allowed. Respondent Alan Kent Witting, who has been disciplined in the State of Arizona, is censured in the State of Illinois and placed on probation for one (1) year, subject to the conditions imposed upon respondent by the Supreme Court of Arizona and continuing until his period of probation in Arizona is successfully completed.”
According to Avvo, Mr. Wittig is a criminal defense Attorney in Phoenix, Arizona. He is licensed in Arizona and Illinois.
A copy of the original filing can be found here.