STATEMENT OF CHARGES

Jerome Larkin, Administrator of the Attorney Registration and Disciplinary Commission, by his attorney, Marita C. Sullivan, states on the date Movant signed a motion to have her name stricken from the Roll of Attorneys who were admitted to practice law in the state, the following matter was the subject of an investigation pending against Movant, and if the cause were the subject of a hearing, the evidence would be as stated below and would clearly and convincingly support the conclusions of misconduct indicated below.

Financial records, court records and other documents in the Administrator’s possession and testimony by various witnesses, including Movant, Barbara A. Gilson, Gale C. Burton, Susan L. Parish, Jay M. Gilson, Robert Gilson, Leigh Ann Gilson, and Erin Parish and their attorneys, Mark P. Bischoff and Monica A. Forte, would establish:

1. On October 4, 2000, Ralph A. Michael died testate. Pursuant to the terms of Michael’s will, Movant was nominated as executor of Michael’s estate. Upon Michael’s death, Movant also became trustee of the Ralph A. Michael Trust and attorney for the Trust. At the time of Michael’s death, the Trust had an approximate value of $950,000.

2. Between Michael’s death in October 2000 and April 2006, in her capacity as trustee of the Ralph A. Michael Trust, Movant withdrew approximately $436,388 from the assets of the trust by issuing checks payable to herself or her law firm for legal fees and costs.

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3. Between October 2000 and June 2006, the beneficiaries of the Trust made repeated requests for information to Respondent regarding the status of the Trust. The beneficiaries of the Trust also made repeated requests to Respondent that she make the required disbursements to them from the Trust assets, and also provide a full accounting of the distributions Respondent made from the Trust.

4. Between October 2000 and June 2006, Respondent did not respond to the beneficiaries’ inquiries regarding the status of the Trust, did not make the required disbursements to them from the Trust assets, and did not provide an accounting to the beneficiaries of the distributions made from the Trust.

5. The evidence outlined above would establish that Movant has engaged in the following misconduct:

1. charging an unreasonable fee in violation of Rule 1.5 of the Illinois Rules of Professional Conduct;

2. failing to promptly pay or deliver funds belonging to a client or to a third party which the client or third party are entitled to receive and to promptly render a full accounting regarding such property in violation of Rule 1.15(b) of the Illinois Rules of Professional Conduct;

3. conduct that is prejudicial to the administration of justice, in violation of Rule 8.4(a)(5) of the Illinois Rules of Professional Conduct; and

1 On June 28, 2006, the trust beneficiaries filed a lawsuit against Movant in the Circuit Court of Cook County captioned Barbara A. Gilson, Gale C. Burton, Susan L. Parish, Jay M. Gilson, Robert Gilson, Leigh Ann Gilson, and Erin Parish v. Barbara J. Smiles, Smiles Law Offices, P.C., et al., 06 CH 12840.

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4. conduct which tends to defeat the administration of justice or bring the courts or the legal profession into disrepute in violation of Supreme Court Rule 770.