On Wednesday, July 26, 2023, attorney Kevin P. McCarty was suspended from practicing law by the Supreme Court of Illinois. This suspension will continue for the duration of his initial one-year suspension and until the court issues further orders.

The case is entitled “In the Matter of Kevin P. McCarty,” and was brought by the Attorney Registration and Disciplinary Commission with case no. 2022PR00020.

In a verified report and petition for rule to show cause dated June 2, 2023, it was stated that the Attorney Registration and Disciplinary Commission filed a verified report stating that attorney Kevin P. McCarty violated the conditions of his disciplinary probation, which was imposed due to his failure to diligently represent clients and refund unearned fees. He was ordered to make restitution payments to several individuals by June 1, 2023, but failed to do so. The Administrator then requested the court to issue a rule to show cause to determine why McCarty’s probation should not be revoked and why he should not be suspended from practicing law for the remaining 10 months of his one-year suspension.

The petition states:

“On or about March 23, 2023, Respondent sent his quarterly report to the Commission’s probation officer. In that report, when asked about the status of the payment of restitution, Respondent indicated that he had not made any restitution payments to the individuals identified in Paragraph Two, above. Respondent further stated, “Business is very slow, will be making payments as I am able. Can you forward the current contact info for all claimants below?”

The petition continues:

“As of June 1, 2023, Respondent has failed to pay restitution to any of the nine former clients, Zak Skoulikaris, Adolphina Goodwin-Thompson, Danyeil Simmons-Oats, Ricardo Gonzalez, Mark Johnsen, Samantha Elliott, Hugo Bobadilla, Rosie Stewart, and Brenda Willim as – Hawkins, as required by the Court’s September 21, 2022 order. Also, on April 20, 2022, Respondent was removed from the Roll of Attorneys in Illinois due to his failure to register for 2023.”

In response to the petition, the court, having received the information, enforced the rule to show cause issued to Kevin P. McCarty on June 9, 2023. Consequently, the probation imposed by the September 21, 2022 order was revoked, the stay of McCarty’s suspension was lifted, and he was suspended from practicing law for the remainder of his one-year suspension and until further order of the Court, due to the violation of probationary condition of the September 21, 2022, disciplinary order.

The Order states:

“The rule to show cause that issued to respondent Kevin P. McCarty on June 9, 2023, is enforced, the probation imposed by order of September 21, 2022, effective October 12, 2022, is revoked, the stay of respondent’s suspension is vacated, and respondent is suspended from the practice of law for the remainder of his one (1) year suspension and until further order of Court for violating probationary condition (l) of the disciplinary order of September 21, 2022.”

Mr. McCarty practices in Naperville, Illinois. He is licensed in Illinois. His info can be found on avvo.com.

A copy of the original filing can be found here.