ATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION of the SUPREME COURT OF ILLINOIS R ECEIVED REQUEST FOR INVESTIGATION APR 06 2015 ‘Use this form to request an investigation of: ATTY. REG. Disc, 1) an Illinois lawyer; COMM, 2) a non-Illinois lawyer who has provided legal services in Illinois; or CHICAGO +3) a non-lawyer who you are claiming has engaged in the unauthorized practice of law in Tlinois. Return the completed form by mail or facsimile to: ARDC ARDC 130 E. Randolph Dr., Ste. 1500 3161 W. White Oaks Dr. Ste. 301 Chicago, IL 60601-6219 or Springfield, TL 62704 Phone: (312) 565-2600 or (800) 826-8625 Phone: (217) 546-3523 or (800) 252-8048, Fax: (312) 565-2320 Fi 1. Your name: Plilana Synco% Streetaddress: JL 12S, Roth S74. (217) 546-3785 ciy: E Sy Lowis Sate: Zi. 62207 Home phone: G 18) J 22-319 Work phone: Cell phone: E-mail address: ‘ mond stom 2. Name of lawyer/person you want to be investigated: “Jolin 3 Pawlosks ‘Name of law firm or business: Po, Vaski Sohn IT. \ office c Street address: \ YOO Locus Street cig: ST Lo State: KK Zip: _6 3103 Phone: 3 \4~S ¥8-7 Vor E-mail address: Pawlos SNe 3. Have you previously contacted the ARDC regarding this matter? Yes. _ No If yes, when and how did you contact us?__2 013 b rej \ 4. Did you employ the lawyer/person you are complaining about: Yes _+-—~_No 4a, If you answered yes to question 4: When did the employment start? ‘What was the fee agreement? How much have you paid the lawyer/person to date? AL/D over4b. If you answered no to question 4 what is your connection to the lawyer/person? 5, If your request relates to a court case or other proceeding, please provide the following: ‘Name of court or agency: L\ S i we istricr el TlkaciS Name of case: Civ \ Cace Case number: 2; (>- Cy-O1 -~mse-D = 342 sey = -G6? Please explain your complaint(s). Include important dates and names of witnesses and others involved. Use additional pages if necessary. Attach copies of documents that support your complaint, such as fee agreements, receipts, checks, letters and court papers. x iS ‘ ts ul OR tr enn Pe ome nce eae es S| a ink he es: s ‘ os ost Serious os Se. “on adics Yo the Watwre of Hois ty ve of acime, For aman ushos mating iling Lor kyo Plamtift , suee isn't & cat i \ i of kmown “olan Yhought Toms gunilty Tn this Case. he weulela't have te pretended +o be my laywears Some dl_in personal ically oe s Sil lnald ing my Piles and medical clocumetion OC my “Case thot “Son \nas yet not retusnecl +o sme os JE old on our last office yisit R-ab-l3. Why 2 pevec vecetved my Sle Prom Sohn, Sust nerf oe b Sohn pew tamed me toQmy case di ca olid Not twan--+ me Ikenow of ~ my Stute time tne, 7 a Date: Fal 2201SPo2. Bohn gave me a clate, bur it wasnt he actucdly clate + Wy Svtaute WaS Over Moy 10,2013 ¢ Sohn 15 SH Perending +o be my lawyer, telling ME My Staute CUNs +o Ruy 28, 2013 cand if the Criminal Chorger arent alroppecl bythen, then he will @atile an exctenison Lentill S weeks past the Statue dave of 8- ak-13 So thet WoAd give me time to get “he Primminer\ ~Kelal Over het Loos Scheclule Sos VO-1S-Qer1B With wy Second Cormingl Lowyer, Celestine Dotson Whe cso omsieak me ley telling me What She Couldnt do by law, an push for atrial that She Wont ceccly for or entertain my (dees +o thefuets of the aose- Sohn Said Teeoce co Claim OF yy neon lost 2 THIS 1S HET A Cream , THIS medical Known fact Of my heoridg lost, Nerve damage, BA; PISD since Zor on File ,an Tohn has held his Poper werk and Coiminal Weck, Medreat Werk, bills,ete Since the Giese cloy FL meet Sohn ond be agrecd +e Wa my lawyer, Sohn mace acepy of my hearing lost re covdls rhe first oof we were face to fice, even beGre he Lilet tne civilcuit againsh FM PD. John told me, he Suecl FHPD 2 times ancl won , and he wosnt afraid to Do it again. Sohn alse told me,P43. hot had a civil suit other T Wen or loskin my Criminal Ccwe but TA fokher You get the criminal Cage over Lirck because he Mowe would “oe better. T ceply ther Went ke &@ Preble, T Woes very Cowfident A my Crrminal Case to be won hands Clown Prom wheat mre and my Ast Criminal lawyer Angel Vonbokel clecasect ia the Past of Felo 22,2012 W Ave ever Gort he Chance to hefend my Self ia away oF Ahese 2 Cases Civil o¢ Criminal Sus Z \awyers Work against ME GO MY ime @lodkyan this case! Me anct John \ras hud over 10 meetings me tetemng ecly'ce from him About cloctors Tye Seens( Switching choators) - Knowing John Was en experience. Foe me my family to Wrtness he Claim he hod cheath -threct § from a Soc@ise client thet Was about LOin age he says tor a gerork of stati ww HE Was Unable te get cWpeld Gf him . Ta lS beganiny Of the year TF Started yo weebrdesl “contid in other lawsyers because erect epeceed hak Somethi w oso't might betuwren these two. Orher law yens Lert metioning Jaw ro we on & Diffrent etter Nght shan, oy her I was told about Vow ia the past t—__*> ZL stocked Confidiag In A man ame Boron Polinske, Tye cclwoys Known of Wim Ainrough Kagle Yoack V9 2012 oF Felo during OAc Fins meeting Swe red to ceeunt Wim Co me es & good Ci Veauoyer bet Thad already ep hiced Tol, Tre hel Seal rreertags corel Baan P. eround April ancl may 2013 Rar Anis point wy Vawyers ore WMA cace hard to reach and ery olifteale to talic with smmee ZL heavnel fo mach from Prien P. Givens me information on What Angle V. was really doing be bend my back in my ease of Criminal and Tokay plot giving me faba Motes of Piling ; Newer applying me with & Cose pumbers, Merwe Filed a reponce ef the civel ease, Nerver tells me that these Court prodecdige had everensist wy tants // Bricen 7. went on Faceridom and handed We the paper were » M Brian R PIA me that Angle alidin+ Want to be the One +8 ae clown ave big sharlkes So She Ved to yeu amd your Civi \ lawyer Deo pped the Wall. Sure this all hit ont like a ton of brekS Mhen Bevcen, Adame ibout my Statue Was yuck About iF yot over) to file a Civisait + Brian offered to Sue Dohni but ater him hand Locittt ct letter ue me to Sigh ahd Send te Jolin by mail, Brian &. had Vanished his .Po5 Wey out by never sss “Sd my Phone calls. John Aintnally Come aceond (mn Rag of 2015 Beg SHY IQ Ggrterren> wit Me to PrEceeAng Hing Ae —SePentran On the civil ror + GF OF Course Brian 2 Fold me here Woes No such “thing GS an €xrtevon on @ qQuilsuit. Anis point Dohrn cdhocne Ain now 90, We had a meenng Rug Xo 2013,8 Too doys ve the ocingoal date John Set *hot clate Rug af, a0 hat my Statue would be Over Was Well awore My Cese Was dismiss Awe ficck Ame and Lo Knew Saabs my time Wwos Lo inding elouon +o Rie the And civilsuit ~ T hidnt Understand Lolhy che Case Weg dismiss. Aug aG T go Inte Dehns office Worth my Mother and baby Sister. dohns 1A O& meeting ot Ahe time I ger where. Tr the Comlrence roe Ulere over 71 Copies of a eivil Suit LAW wwf Name On it, Sig OA che table. There Were a Stack of Civil Suit Paperwork woth my Mame 6r i+ ia the trash. When Schn Come out to tale to me. Ne hand me an APpalicerion +o (Sue os Defend AS Tndigent Person leet Had me +o fill it ot and Sighny then he Notecy ~ahe Seal him self and told me te Alegt eran Ty vhe S¥Cluic Co Belleville Counce house on the Srl Floor IN The Circuit Of Stee, ond Wis will give you an extedten On Your civil Case. TL startet to afk Wien aoout the Gui\ Case her cous ismissed and Wwe never responcted or told me. tT Areld nien there Lous Know Such thing as un extenton on 2 Civil Suits - He Suill trys te lea me on that there is, Yon Saick “thet Appliection will extend S weeks and T got 2 dey Until my lead tine. Lo of Course T File he Hpplicetion because cates eying to SNE my Stetuc « Ds for the “Copys of the Civil Packets and For uihek sae in the. “eR Coteh my Name Of {t+ tecok gut my Selh. For the recorch John ctidat sry te Wand me ony Civil Work +o go file on my oun, thet Part of im handing, Civil Worle ens. “to file, Uses never degusted. All the Action from Aug AE anck There Own, T too K and Filed my own cwilsurr, Not Knowing it was already *o Noche | And thet “ was being Sent On G VA | o08e Chose by DZ lying untrust Worthy \ awyecs \ phe " Ce icose® 3uta-evooeas- NIR-DGwW Taever new Aaally ate itWwas Pissrmssed. John Tust told me Wo Could 6 " " e, re Pilted » T recieved Amis | nformeion & hs Ger the civilsuid Loas dismiSS +JohUthever- a CsMay 14,2013 Mr. John Pawloski Attorney At Law 1900 Locust Street St. Louis, MO 63103 Re: Philana Smoot Dear Mr. Pawloski, You told me last time we talked that you agreed to dismiss my civil lawsuit against the Fairview Heights police officers. You said we could refile the lawsuit within one year of its being dismissed. Is this accurate? | don’t want to lose my right to sue. await your written reply. Sincerely, Philana SmootTres Panlosk,, John J, - Suspension Stayed with Probation 05-17-17 May 17, 2011 ‘Supreme Court Case No. SC91152 Inte: John J. Pawloski, MBE No. 38059 Note: The probation was terminated by order of this Court March 4, 2014. ORDER Now at this day, the Court being sufficiently advised of and concerning the premises and having considered the stipulation and statement of acceptance of the Disciplinary Hearing Panel filed by the parties and said cause having been briefed and argued: The Court finds that Respondent, John J. Pawloski, Missouri Bar No. 38059, volated Rule 4-8.4(c) by using client funds for his personal use; and he violated Rule 4-1,15(c) by failing to maintain adequate records of client funds, by failing to promptly remove personal funds from his trust account, by commingling client funds with his own, and by disbursing one client's funds to another client. Upon consideration of these findings, previous decisions of this Court, ABA Standards for Imposing Lawyer Discipline, and aggravating and mitigating circumstances, the Court suspends Respondent's license indefinitely. The suspension is stayed and Respondent is placed on probation for two years from the date of this order in accordance with Rule 5.225 under the terms agreed to by the parties and filed with the statement of acceptance of the decision of the Disciplinary Hearing Panel. No claims for restitution have been made and no restitution is ordered. Should probation be revoked and the suspension take effect, no petition for reinstatement shall be entertained for a period of six months from the date the suspension becomes effective. Fee pursuant to Rule 5.19(h) in the amount of $1,000.00 payable to the Clerk of this Court to the credit of the Adwsory Committee Fund taxed to Respondent. Costs taxed to Respondent. Day - to- Day ttp.Jiwmw-courts mo gowtpage jsp2id=46622 1The Law Office of John J. Pawloski, LLC 1900 Locust Steet Suite 302 eptember 18, 2013 St Louis, MO 63103 Pawloski@MSN.Com Hs il (314) 588-7802 (Off) ia Fax (312) 565-2320 and U.S. Mail Gia) sa8-7803 2x) . Christine P, Anderson jorney Registration and Disciplinary Commission Ine Prudential Plaza h:30 East Randolph Drive, Suite 1500 PPhicago, IL 60601-6219 Re: Philana Smoot No. 2013INO3979 ear Ms. Anderson: This correspondence is in response to your letter to me dated September 4, 2013 ‘oncerning various issues raised by Philana Smoot. Ms. Smoot sought my representation concerning her claim of police brutality against /0 Fairview Heights, linois police officers. Ms. Smoot came to my office shortly before the funning of the statute of limitations, which is one year for claims against a municipal entity. | remained consistent throughout my representation of Ms. Smoot that | required two things rom her. First, | insisted that her criminal case be resolved (I believe she was charged with jéPEWIIFIGHIS\Case). Second, she was making a claim for hearing loss, and | insisted that she ing me some medical documentation of this hearing loss. She failed to do so ‘otwithstanding our having no less than five meetings wherein this was discussed in the resence of her husband and on another occasion in front of her mother. Ihad a meeting scheduled with Ms. Smoot on May 8, 2012 at 1 p.m. in my office. Ms. smoot missed that meeting, The statute of limitations of one year ran a few days later (May (0, 2012) and due to my schedule, | was not able to meet with Ms. Smoot prior to the running the statute of limitations. As a consequence of her missing our final appointment prior to he running of the statute of imitations, in an overabundance of caution and consideration for reserving Ms. Smoot's rights against the City of Fairview Heights and two of its police fficers, |fled suit in St. Clair County on her behalf. This case was removed within 30 days the basis of federal question jurisdiction as the Gomplaint alleged.a Section 1983 claim, al - thus removal to federal court was clearly proper. Following removal, the Defendant filed Motion to Dismiss on the basis that there was a’criminal matter pending in St. Clair County ich could fundamentally effect the outcome of the case. This motion, was well-taken, and ‘cordingly, | fled no objection to the motion and it was granted. The motion essentiallyargued the point that | had explained to Ms. Smoot on approximately six occasions~that if she did not prevail on her criminal trial where she was charged with resisting arrest, her case ‘would not be worth pursuing and for all practical mires could not be won. Judge Reagan dismissed her case without prejudice. | explained to Ms. Smoot that «she would have one year: from the date-of thistdis refile:her suit, and that the scismissalwould give her criminal defense attornigy the opportunity to prevail in the criminal matter. | also explained that it would give Ms. Smoot additional time to supply me with the necessary medical documentation of her hearing loss which she again promised to provide me (bUt'to date, stil has not provided). advised Ms. Smoot in writing ofthese requiremgntgiin my May. 14,2012. correspondence which | handed to her and explained the contents of the correspondence. | also yerballyinformedher of these requirements during each of our meetings. It should also be noted that Ms, Smoot initially seemed more interested in pursuing lending sources to Jeveradélher potential lawsuit. | objected to preparing documentation of these requests because in my experience, the loans were usurious and not in the litigant's best interest, but Ms, Smoot insisted that Ifill out a form so that she could apply for a loan against the proceeds which I believe was, declined It should be noted that | met with Ms. Smoot on several occasions following the voluntary dismissal and explained to her that | would not proceed further with her case if she did not get her criminal case resolved (itis still not resolved), and if she failed to bringing me proof of hearing loss, tis my understanding that Ms. Smoot has filed a complaint against her etiminal defense attorney as well. | arranged a meeting with Ms. Smoot forvAuglist 26, 2013,and she arrived forty-five {minutes late. informed Ms. Smoot that due to her failure to get her criminal case resolved, as well as her failure to obtain evidence of her bearingloss claim,,l was not willing to continue representing her. it should be noted that in addition to these reasons, Ms Smoot has made a variety of groundless claims concerning my legal work performed by me on her behalf including that | committed legal malpractice, that | had lied to her, and other matters that also preclude me from ethically continuing to represent her. Her conduct at my office was disruptive, inappropriate, and witnessed by several persons in the office. With respect to Ms. Smoot's claim that | advised her that she had a case regardless ‘of whether she won her criminal case, that is not true. See May 14, 2012 correspondence enclosed. | did tell her that she needed to put a rush on her criminal trial as she only had one year to refile her suit. | did not state to her that | would file an extension on her behalf because there is no such thing as an extension. What | explained to her was that I would prepare another copy of the lawsuit | originally prepared for her, but for her signature (seeenclosed), and related forms for fling suit in forma pauperis. | handed these materials to Ms. ‘Smoot during our brief encounter on August 26, 201:y(twoudayssbetoresthexexhaustionioftise one ySARSAUNGSIROUSTAR). On that date, | made it'clear to Ms. Smoot that | would not tolerate her accusations of lying,or committing malpractice, and that | would not represent ‘her any further. With respect to any claims that | refused to meet with her or explain what was going on with her case, Ms. Smoot was,inundating my office with requests for loansgleveraging her lawsuit as collateral, and requests that | prepare paperwork on her behalf to obtain a loan. | filed out two such loan requests, and made it very clear to her that | would not fill out any other paperwork. ,AS my May 14, 2013 correspondence makes clear, | strongly objected to her requests, and told her so. To the extent that Ms. Smoot says she consulted another attorney, that is certainly her right. he did not make me aware she was doing'S0: Had she informed me ofthis fact, | would have advised her to proceed with{MMrePelinske-as our attorney-client relationship had deteriorated greatly. Please do not hesitate to contact me at the telephone number listed above. Very truly yours, he Mate John J. Pawloski Encl: Cldr., Corr. Affdvt.,tsuit,AFFIDAVIT OF RICHARD J. LECINSKI, ESQ, 1. 1am over eighteen years old, and if called as a witness, would and could testify hereto. 2. Lam an attorney licensed to practice law in the State of illinois. 3. | have personal knowledge of the facts contained herein. 4, On or about August 26, 2013, | observed an individual who | have since been informed was Philana Smoot at a law office which is shared by John Pawloski, myself, and four other lawyers; Ms. Smoot was accompanied by two females. 5. On that same day | personally observed Ms. Smoot speaking to John Pawloski in a very loud voice at our reception area. 6. On that same day | heard John Pawloski inform Ms. Smoot that one of the reasons he was not representing her was her failure to provide him with paperwork concerning her claim that he had previously requested. 7. On an unknown date several months prior to August 26, 2013, | observed John Pawloski walking out of the conference room with Ms. Smoot and a male companion and | heard John Pawloski tell Ms. Smoot that despite his previous requests for medical documentation of her injuries she stil had not provided him with any medical documentation and without documentation of her injuries she could not prove damages. 8. Further, affiant sayeth not. BAL LL. vas? 78 [13 Richard J. Lecinski, Esq. Notary ‘An individual known to me as Richard J. Lecinski, first being duly sworn upon his oath, personally appeared before me and signed this document as his free and voluntary act on this 18th day of September, 2013. My Commission Expires: _&/ ? [seal]The Law Office of John J. Pawloski, LLC 1900 Locust Steet, Suite 302 May 14, 2012 St Louis, MO 63103 JPavoski@MSN.Com Hand Delivered (314) 588-7802 (Off) (314) 588-7803 (Fax) ‘Ms. Philana Smoot Dear Ms. Smoot: This correspondence confirms my conversation with you about my concerns about your decision to proceed with financing with Oasis Legal Finance OVER MY OBJECTION. Further, this correspondence confirms that we previously met to discuss this matter, and it was previously agreed that you would not pursue financing through Oasis Legal Finance. First, | advised you that the rate of interest was not reasonable, and there was a substantial possibility that you would pay all or most of your settlement or verdict to Oasis Legal Finance. ‘Second, | advised you that you are requesting that | contractually agree to pay over certain percentages of funds obtained by verdict or settlement to Oasis. | informed you that should you object to these payments, it would create a conflict of interest. Should such occur, | will no longer be able to represent you as your legal counsel. If | reasonably believe there is a potential conflict of interest, | will interplead (pay into the Court for a judge to decide) any funds obtained as a result of settlement or verdict on your behalf in the Circuit Court for St. Clair County, and that to the extent that my legal services are required to prepare documents, | shall be entitled to payment of reasonable and necessary attorneys fees as compensation for doing 80, in addition to any fee earned in the claim filed on your behalf against Officers Montgomery, Birkhead, and Fairview Heights. Third, this correspondence shall confirm that | have filed suit on your behalf so as to protect your interests and to avoid the running of the statute of limitations. You conduct in failing to bring me medical documentation of your hearing loss, as well as other medical records, telephone records, and witness statements has made my representation of you needlessly more complicated and difficult. YOU HAVE ADVISED ME THAT YOU WILL FORWARD ME MEDICAL DOCUMENTATION OF YOUR PERMANENT HEARING LOSS, Post-traumatic stress disorder, and other injuries within sixty (60) days of the date written above, Fourth, that if you fail to bring me the requested documentation within 60 days, | will withdraw from representing you as your attorney, at which time you will have twenty-one (21) days after the Court permits me to withdraw to retain another attorney to represent you. Fifth, | advised you that | am not happy with our current relationship, and in the event of any future difficulty, | am reserving the right to withdraw as your attorney.Upon your providing me with proof of your hearing loss and post-tramatic stress disorder, and upon further proof of the validity of your claim, we will enter a contingency fee contract providing me as your attorney with one third of any recovery made on your behalf, and that you and | have agreed that | will imit my representation to you to the matters directed in the Complaint filed on your behalf and only that work which is legally or ethically required of me. By signing below, this matter has been explained to you and you have agreed to the terms and conditions outlined herein. Very truly yours, atl John J. Pawloski I STATE UNDER PENALTY OF PERJURY PURSUANT TO TITLE 28 U.S.C. SECTION 1746 THAT | HAVE READ THE FOREGOING DOCUMENT, IT HAS BEEN EXPLAINED TO ME, AND | AGREE TO THE TERMS AND CONDITIONS SET FORTH HEREIN. Date: May 14, 2012 Date: May 14, 2012 WitnessATTORNEY REGISTRATION AND DISCIPLINARY COMMISSION of the SUPREME COURT OF ILLINOIS One Prudential Plaza 3161 West White Oaks Drive, Suite 301 130 East Randolph Drive, Suite 1500 Springfield, IL 62704 Chicago, Iinois 60601-6219 (217) 546-3523 (800) 252-8048 (312) 565-2600 (800) 826-8625 Fax (217) 546-3785 Fax (312) 565-2320 Philana Smoot 1413 South 20th Street East St. Louis, IL 62207 Chicago April 8, 2015 Re: John Joseph Pawloski in relation to Philana Smoot No. 20131N03979 Dear Ms. Smoot: We have received your recent correspondence concerning the above-captioned matter. We have reviewed the additional information and have determined that there is not sufficient evidence of misconduct to warrant further action by this office. Therefore, we have determined not to proceed further in this matter and are returning your original documents. Thank you for your cooperation. Very truly yours, Christine P. Anderson Senior Counsel CPANia MAINLIB_#598436_¥1