Order of the Court:
The petition by the Administrator of the Attorney Registration and Disciplinary Commission to impose discipline on consent pursuant to Supreme Court Rule 762(b) is allowed. Respondent Luke Townsend, Jr., is suspended from the practice of law for two years, with the suspension stayed after six months by a period of probation for 18 months, subject to the following conditions, with conditions enumerated in paragraphs (e), (f), (g), and (h) to be effective on the effective date of the Court's order of discipline:
a. Respondent shall attend meetings scheduled by the Commission probation officer as requested by the Administrator. Respondent shall submit quarterly written reports to the Administrator concerning the status of his practice of law and the nature and extent of his compliance with the conditions of probation.
b. Respondent shall notify the Administrator within 14 days of any change of address.
c. Respondent shall comply with the Illinois Rules of Professional Conduct and shall timely cooperate with the Administrator in providing information regarding any investigation relating to his conduct.
d. Respondent shall reimburse the Commission for the costs of this proceeding as defined in Supreme Court Rule 773 and shall reimburse the Commission for any further costs incurred during the period of probation.
e. Respondent shall continue in his course of treatment with the Community Mental Health Council, Inc., in Chicago, Illinois, or such other
qualified mental health agency or professional acceptable to the Administrator, and shall report to the Community Mental Health Council, Inc., or such other qualified mental health agency or professional on a regular basis of not less than once per month for the first six months of discipline, and, thereafter, provided no recurrent symptoms of depression are noted or reported, on an "as needed" basis, with the Administrator advised of any change in attendance deemed warranted by such agency or professional.
f. Respondent shall comply with all treatment recommendations of the Community Mental Health Council, Inc., or such other qualified mental health agency or professional, including the taking of medications as prescribed.
g. Respondent shall provide to the Community Mental Health Council, Inc., and any such other qualified mental health agency or professional, an appropriate release authorizing the treating professional to: (1) disclose to the Administrator on at least a quarterly basis information pertaining to the nature of respondent's compliance with any treatment plan established with respect to respondent's condition; (2) promptly report to the Administrator respondent's failure to comply with any part of an established treatment plan; and (3) respond to any inquiries by the Administrator regarding respondent's mental or emotional state or compliance with any established treatment plan.
h. Respondent shall notify the Administrator within 14 days of any change in treatment professionals.
i. Respondent shall, within the first 30 days of probation, enroll in a law office management program approved by the Administrator and shall notify the Administrator of the name of the attorney with whom he is assigned to work. Respondent shall successfully complete the law office management program at least 30 days prior to the end of the probation term. Through his participation in the law office management program, respondent shall establish and utilize the following:
(1) a system for maintaining records as required by Supreme Court Rule 769;
(2) a diary and docketing system in accordance with the requirements established by the law office management program, including a mechanism by which approaching statutes of limitations are noted;
(3) a system by which telephone messages are recorded and telephone calls are returned in a timely manner;
(4) a system by which written requests by clients for the status of
their legal matters are responded to, whether orally or in writing, in a timely manner;
(5) for cases where the fee is to be calculated on an hourly basis, a system by which clients are provided with regular itemized billing statements provided at least quarterly, setting forth the services performed by respondent, the date upon which each service was performed, the time spent by respondent on each service and the amount to be charged to the client.
(6) a system for handling of funds belonging to clients and third parties that conforms to the requirements of Rule 1.15 of the Illinois Rules of Professional Conduct.
j. Respondent shall authorize the attorney assigned to work with him in the law office management program to:
(1) disclose to the Administrator on a quarterly basis, by way of signed reports, information pertaining to the nature of respondent's compliance with the law office management program and the above described conditions.
(2) promptly report to the Administrator respondent's failure to comply with any part of the above described conditions; and
(3) respond to any inquiries by the Administrator regarding respondent's compliance with the above described conditions.
k. Respondent shall complete the course of the Illinois Professional Responsibility Institute.
l. At least 30 days prior to the termination of the period of probation, respondent shall complete and provide proof to the Administrator of the payment of restitution in the amount of $195 to Dorothy M. Mosby.
m. At least 30 days prior to the termination of the period of probation, respondent shall reimburse the Disciplinary Fund for any Client Protection payments arising from his conduct.
n. Probation shall be revoked if respondent is found to have violated any of the terms of the probation, and the remaining 18 months of suspension shall commence from the date of the determination that any term of probation has been violated.
Suspension effective February 4, 2005.