Post by d204mom on Mar 24, 2008 10:18:49 GMT -6
Local attorney censured for conflict of interest
Warning stems from fight at Neuqua Valley High School
March 24, 2008
By Jennifer Golz jgolz@scn1.com
WHEATON -- A prominent Naperville attorney has been disciplined by the Attorney Registration & Disciplinary Commission.
Philip Nathe, 48, whose offices are located at 552 S. Washington St., has been censured for a conflict of interest in the representation of two Neuqua Valley High School students who were involved in a fight that left one with a broken jaw and the other facing criminal battery charges.
A censure is a warning of sorts, indicting that Nathe was engaged in professional misconduct; however, it will not affect his authority to practice law.
Calls seeking comment from Nathe were not returned Friday.
The misconduct, as determined by the Illinois Supreme Court, stemmed from an April 13, 2006, fight at Neuqua. The injured student was issued a citation by Naperville police for illegal consumption of alcohol. That student and his father contacted Nathe and disclosed confidential information regarding the case.
Although they opted to retain different legal counsel, an attorney-client relationship had been forged, according to ARDC records.
A month later, the student charged with battery in the altercation, with his parents, retained Nathe, who did not disclose he had previously met with the injured boy.
It wasn't until the two students were set to go to trial that the relationship was discovered. The student charged with battery ultimately pleaded guilty and was sentenced to 24 months court supervision, 150 hours of community service and ordered to pay more than $2,700 to the injured boy.
This is not the first time Nathe has found himself in trouble with the ARDC. In 2005, he was reprimanded for entering into a relationship with a woman while he represented the company in collection matters for which she and her husband were the exclusive shareholders.
A reprimand is the lowest level of discipline, according to the ARDC.
Warning stems from fight at Neuqua Valley High School
March 24, 2008
By Jennifer Golz jgolz@scn1.com
WHEATON -- A prominent Naperville attorney has been disciplined by the Attorney Registration & Disciplinary Commission.
Philip Nathe, 48, whose offices are located at 552 S. Washington St., has been censured for a conflict of interest in the representation of two Neuqua Valley High School students who were involved in a fight that left one with a broken jaw and the other facing criminal battery charges.
A censure is a warning of sorts, indicting that Nathe was engaged in professional misconduct; however, it will not affect his authority to practice law.
Calls seeking comment from Nathe were not returned Friday.
The misconduct, as determined by the Illinois Supreme Court, stemmed from an April 13, 2006, fight at Neuqua. The injured student was issued a citation by Naperville police for illegal consumption of alcohol. That student and his father contacted Nathe and disclosed confidential information regarding the case.
Although they opted to retain different legal counsel, an attorney-client relationship had been forged, according to ARDC records.
A month later, the student charged with battery in the altercation, with his parents, retained Nathe, who did not disclose he had previously met with the injured boy.
It wasn't until the two students were set to go to trial that the relationship was discovered. The student charged with battery ultimately pleaded guilty and was sentenced to 24 months court supervision, 150 hours of community service and ordered to pay more than $2,700 to the injured boy.
This is not the first time Nathe has found himself in trouble with the ARDC. In 2005, he was reprimanded for entering into a relationship with a woman while he represented the company in collection matters for which she and her husband were the exclusive shareholders.
A reprimand is the lowest level of discipline, according to the ARDC.