On Thursday, December 15, 2022, a misconduct complaint has been filed against attorney Cory E. McGinn before the Hearing Board of the Illinois Attorney Registration and Disciplinary Board for failure to deliver his client’s fund accordingly.
The case is entitled “In the matter of Cory E. McGinn” and was brought by the Attorney Registration and Disciplinary Commission with case no. 2022PR00085.
The charges cited Illinois Rules of Professional Conduct 1.15(a), 1.15(d), and 8.4(c) which state:
Failure to hold property of clients or third persons that is in a lawyer’s possession in connection with a representation separate from the lawyer’s own property.
Failure to promptly deliver to the client or third person any funds that the client or third person is entitled to receive.
Conduct involving dishonesty, fraud, deceit, or misrepresentation.
The Rules of Professional Conduct can be found here.
The Petitioner alleges that the respondent was delayed in making payments to lienholders and to certain clients following the settlement of client matters and his receipt of settlement proceeds. It was alleged that the respondent intentionally withdrew funds from the client’s OLTA account by making transfers to different accounts or by making withdrawals of funds that he used for his own purposes.
The filing states:
“As set forth more specifically below, prior to September 30, 2022, Respondent had received the following amounts in settlement of claims in which he had represented the following clients, deposited those settlement funds into the Chase IOLTA account, and made certain partial distributions from the settlement proceeds, including payments to himself as claimed fees or the reimbursement of certain expenses.”
The filing continues:
“As a result of those transactions, as of September 30, 2022, when the balance in the Chase IOLTA account was $2,450 .64, Respondent should have been holding $109,292.22 that he continued to owe to clients or lienholders.
As of September 30, 2022, Respondent had, without authority from his clients or the various lienholders, used for his own business or personal purposes at least $106,841.58 of the above clients’ funds. Respondent’s use of those funds constitutes conversion.”
By reason of these facts, the petitioner argues that the respondent had violated the abovementioned Rules of Professional Conduct. Thus, requests that this matter be assigned to a panel of the Hearing Board which can conduct a hearing to make findings of fact, conclusions of fact and law, and a recommendation for such discipline.
As of today, Mr. McGinn is listed on the law firm McGinn Law, Inc. as a practicing attorney. He attended the University of Illinois College of Law, graduating in 2011. He practices in Downers Grove, Illinois. He is licensed in Illinois with license #6308002. His info can be found on Linkedin.
A copy of the original filing can be found here.
