Legal Ethics

Former Sidley partner who faked $69K in cab receipts is suspended

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A former partner at Sidley Austin has received a one-year suspension for faking more than $69,000 in cab expenses at the law firm.

The Illinois Supreme Court imposed the suspension and required one year of psychiatric treatment for Lee Smolen in a March 12 order, the Legal Profession Blog reports.

Smolen moved to DLA Piper after he left Sidley in 2012. He withdrew from DLA on Feb. 27 “in anticipation of this decision and pursuant to our partnership agreement,” according to a statement by the law firm. “We believe he has taken the right steps to move forward, and we continue to support him in that process,” the DLA statement said.

An audit found Smolen had submitted about $69,800 in unacceptable cab expenses at Sidley and questioned $379,000 in additional reimbursed expenses, according to a report of the Hearing Board of the Illinois Attorney Registration and Disciplinary Commission. Smolen agreed Sidley could withdraw $400,000 from his account to cover the expenses and the cost of the audit.

The Illinois Supreme Court approved the hearing board report.

Smolen had testified he used the cab money to pay for client entertainment, saving the time of making out expense reports. He slept only three or four hours a night and typically spent 12 to 15 hours a day at work, according to testimony.

Psychiatrists testifying on Smolen’s behalf saw a link between his conduct and psychiatric problems. One said Smolen’s obsessive compulsive personality disorder made him excessively devoted to work. Psychiatrists said he also suffered from generalized anxiety disorder and depressive disorder.

Smolen did not charge the false expenses to his clients, and he admitted wrongdoing.

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