Legal Profession Blog keeps finding the unfortunate hits. Just the other day, they pointed us to a temp lawyer who overbilled Pepper Hamilton by $80k (and avoided attempted murder charges in an unrelated incident).
Today’s tale of woe is one Mark Maciasz, formerly senior counsel at Holland & Knight. It’s been a rough couple of weeks for people previously involved with H&K, if you include the former trainee who was dumped by a Swedish princess.
Maciasz’s story after the jump (including the usual Google-stalking).
The Illinois Attorney Registration and Disciplinary Commission Review Board (whom you’ll remember for suspending the guy who failed out of med school, lied on his law school application, then went to business school) recommended a one-year suspension:
The Hearing Board found that the Respondent breached his fiduciary duty to Altheimer & Gray and Holland & Knight by depriving them of the opportunity to provide legal services to, and to earn income from, his moonlighting clients. He engaged in deceitful conduct over a long period of time, in order to earn income from the practice of law in breach of his duties to his employers. He engaged in dishonesty by failing to disclose his outside practice to the firms, by making misrepresentations on his employment application to Holland & Knight, by submitting altered copies of tax returns, and according to the majority of the panel, by exporting documents to his home, rather than following the firm’s procedure.
He actually made partner at Altheimer shortly before it disbanded in 2003.
Of course, that’s not all…
We affirm the Hearing Board’s findings. We are particularly troubled by the Respondent’s dishonesty concerning Holland & Knight. Respondent willfully altered his tax returns with an intent to deceive the law firm. He signed his employment application representing that its contents were accurate when he knew that they were not. In signing the employment agreement, the Respondent agreed that he would not “undertake or continue any representation except in accordance with [Holland & Knight’s] practices and procedures,” which included that unless the firm approved otherwise, “all compensation for services of every kind rendered by a firm lawyer….shall be deemed income of the firm.” He signed the agreement while fully intending to continue his moonlighting practice. The Respondent does not appear to be remorseful for this misconduct. He apparently does not view his dishonesty as a violation of the professional rules, as he argues that the proceedings should be dismissed.
It’s actually a pretty tricky case, so read the full opinion, but it came down to his concealing information from the firms, in breach of his fiduciary duty. No one ever claimed that he hadn’t adequately (if not better) served both his firm and his moonlit clients.
But prudence dictates at least acting suitably abashed, but Maciasz has decided to go down swinging.
Contrast that with the profile you get from his candidacy for “4th District Trustee” of Oak Lawn, Illinois:
In speaking with many District 4 residents there appears to be a pressing need for a knowledgeable, experienced and decisive leader, someone who isn’t afraid to fight for the rights of District 4 residents. Mark Maciasz brings all of that to the table and then some.The son of Stanley and Elizabeth Maciasz, Mark is one of four children who were raised in Oak Lawn. He is currently senior counsel at the law firm Holland & Knight, where his areas of expertise include small business succession and estate planning, probate administration, and estate dispute resolution and litigation. As a way of giving back to the community Mark donates considerable time to helping disabled and senior citizens with legal problems and tax preparation. In addition to his law practice, Mark is a C.P.A. with a Masters degree in Tax Law, and a licensed real estate broker.
“Oak Lawn has been good to my family and me, as my father has owned a tailor shop on 95th Street for over 25 years. In my opinion Oak Lawn is the best community in the Chicagoland area, which is why my wife and I chose to stay and raise our children here. Now I want to give back to the community that has given my family and me so much, and I hope the residents of District 4 provide me with that opportunity.”
Mark Maciasz for Trustee, 4th District
• Married to Maryteresa and father of Casey, Mark and Matthew
• Attorney at law firm Holland & Knight LLC, Chicago, Illinois
• St. Germaine Parishioner for 30 years
• Brother Rice H. S. Graduate, 1985
• B.S. in Accountancy, University of Illinois at Urbana-Champaign, 1989
• J. D. DePaul University College of Law, 1992
• L.L.M. Masters in Law of Taxation, 1995
• Certified Public Accountant
• Illinois licensed real estate broker
• Volunteer Attorney for the Center for Disability and Elder Law program
• Volunteer income tax preparer for the Volunteer Income Tax Assistance program
Now, his LinkedIn profile just lists a lonely “Manager at Caulfield” for his bio. No idea what that is. Anyone?
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what goes around comes around
what goes around comes around