In suspending attorney Joel Brodsky from practicing in federal court in Chicago for a year, the Executive Committee held:
By clear and convincing evidence, based on the same misconduct found by Judge Kendall in the Tywman case, the Executive Committee finds that Joel Alan Brodsky violated the following American Bar Association Model Rules of Professional Conduct:
A. Rule 3.1: A lawyer shall not assert an issue unless there is a basis in law and fact that is not frivolous.
B. Rule 4.5(a): A lawyer shall not use means that have no substantial purpose other than to embarrass or burden a third person (namely, Donald Szczesniak, Plaintiff s expert witness in Twyman).
C. Rule 8.4(d): It is professional misconduct for a lawyer to engage in conduct that is prejudicial to the administration of justice.
You can view the full order here.
You can view Judge Kendall’s sanction order here.
You can view the Seventh Circuit decision affirming that order here.
You can view Judge Lefkow’s order denying the petition for writ of error coram noblis here.