discussion comment
16 years ago
This case is before the Review Board on exceptions filed by Respondent-Appellant, Scott Robert Erwin. The Hearing Board found that, as charged in the Administrator-Appellee's two-count amended complaint, Erwin represented a client when the representation might be materially limited by his own interests, in violation of Rule 1.7(b) of the Illinois Rules of Professional Conduct (134 Ill. 2d R. 1.7(b)), failed to withdraw when he knew or reasonably should have known that continued employment would result in a violation of the Rules in violation of Rule 1.16(a)(2) (134 Ill. 2d R. 1.16(a)(2)), engaged in overreaching, breached a fiduciary duty, violated Rule 8.4(a)(3) (210 Ill. 2d R. 8.4(a)(3)) by committing a criminal act, specifically battery, that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer, and engaged in conduct involving dishonesty, fraud, deceit, or misrepresentation in violation of Rule 8.4(a)(4) (210 Ill. 2d R. 8.4(a)(4)), conduct that is prejudicial to the administration of justice in violation of Rule 8.4(a)(5) (210 Ill. 2d R. 8.4(a)(5)) and conduct that tends to defeat the administration of justice or bring the courts or legal profession into disrepute in violation of former Supreme Court Rule 771 (134 Ill. 2d R. 771) (renumbered to Supreme Court Rule 770). The Hearing Board recommended that Erwin be suspended for fifteen (15) months.
The charges arose out of Erwin's representation of Amber Quitno. The complaint alleged that, while representing Quitno, Erwin agreed to give Quitno credit on bills for his legal services in exchange for her performance of striptease dances for Erwin. Erwin admitted this conduct. The complaint also alleged that, while representing Quitno, Erwin touched her in a sexual manner without her consent and made false statements to police when questioned about Quitno's allegations. Erwin denied that conduct.
Erwin challenges the Hearing Board's conclusions that he sexually abused Quitno and the resulting findings of misconduct. In particular, he challenges the Hearing Board's findings that he committed a battery. He objects to the Hearing Board's findings of misconduct as to Count II, on the grounds that, since Quitno's testimony was not believable, there was no basis on which to conclude that Erwin had lied to police. Erwin also contends that the Hearing Board's sanction recommendation is excessive. The Administrator seeks to have the Review Board uphold the Hearing Board's findings of misconduct and its sanction recommendation.
At the time of her dealings with Erwin, Quitno was employed as a stripper. She worked at Heartbreakers, a "gentlemen's club," dancing topless or nude.
Erwin and Quitno met in summer 2001, when Erwin was at Heartbreakers as a customer and Quitno performed a dance for him. Thereafter, Quitno retained Erwin to represent her in connection with several legal matters. Erwin also represented Quitno's husband and mother in various matters. One of the cases in which Erwin represented Quinto was a civil lawsuit against a doctor, alleging that he had sexually abused Quitno. In that case, Erwin and Quitno had a contingent fee arrangement. In the other matters, Erwin worked on an hourly basis.
Quitno was having difficulty paying Erwin's bills and spoke with Erwin about this. They agreed that Quitno would dance for Erwin in exchange for credit against her legal bills. On more than one occasion, Quitno danced for Erwin, in his office and at Heartbreakers. In return, Erwin gave Quitno credit against legal fees due. During these dances, Quitno removed her clothing. Quitno also went to Erwin's office and modeled outfits for him that she had purchased for her work. Erwin admitted this activity and expressed remorse for it.
Quitno testified that, at various times in his office and elsewhere, during the time he was representing her, Erwin touched Quitno's breasts, buttocks, and vagina and penetrated her vagina with his finger. Erwin denied any such touching. The Hearing Board was presented with detailed evidence, fully described in its report, on this issue and on the relative credibility of the witnesses.
While she did not do so at first, ultimately Quitno contacted another attorney. In order to obtain evidence to corroborate her version of the events, Quitno recorded conversations with Erwin.
Quitno also contacted police. In December 2002, Quitno met with DeKalb police detective Robert Redel. Law enforcement officials obtained court approval to eavesdrop on and record conversations between Quitno and Erwin. Tapes and transcripts of these conversations were introduced into evidence. During those conversations, Quitno accused Erwin of touching her inappropriately, on multiple occasions. In portions of the conversations, Erwin did not deny her allegations or tacitly admitted them. There were points at which Erwin denied certain specific allegations by Quitno.
On February 5, 2003, Redel and another detective met with Erwin at his office. In response to police questioning, Erwin repeatedly denied touching Quitno in a sexual way. Erwin also told police that Quitno had never told him that she felt he was touching her improperly. He stated that the conversation with police was the first time that Erwin had heard that Quitno thought he was touching her improperly, except for a single incident that he stated involved an inadvertent contact. Before the Hearing Board, Erwin testified about the specifics of statements made and not made during the recorded conversations and about his state of mind during the conversations with Quitno and the police. He denied having consciously lied to police.
After the conversation with police, Erwin withdrew from the cases in which he was representing Quitno. Otherwise, there was no evidence that Erwin's representation of Quitno was adversely affected by the activities at issue here. Quitno filed a civil lawsuit against Erwin as a result of his conduct. However, she did not pursue the lawsuit, which was dismissed for want of prosecution. Law enforcement officials sought to indict Erwin for criminal sexual assault. Evidence was presented to a grand jury, which did not return an indictment.
Erwin was married and has two teenaged children. Since being licensed to practice law in Illinois in 1980, Erwin has practiced law in DeKalb County. He has no prior discipline. Three attorneys, including a former DeKalb County State's Attorney, provided favorable character testimony, attesting to Erwin's reputation for truthfulness and his commitment to pro bono legal work. The curriculum director for a day care center, on whose board of directors Erwin had served for years, testified that Erwin was a committed volunteer and had a very positive reputation.
Erwin was very active in providing pro bono legal services, encouraging other attorneys to do so, and supporting the local federally funded legal aid agency. Erwin was also involved in additional community service and volunteer work.
As noted above, Erwin challenges the Hearing Board's findings of misconduct, insofar as those findings are based on improper touching of Quitno. Erwin acknowledges that he agreed to give Quitno credit against her legal bill in exchange for her performance of striptease.
discussion comment
16 years ago
Power is on in the west side of Houston. Dancers need the $$$.
Just an idea.
discussion comment
16 years ago
A married couple only has sex 2-3 times a year. Wife wants new bedroom furniture and tells hubby that she would "provide services" for a week if he buys the new furniture.
Girlfriend tells boyfriend that she'll share her bed if the boyfriend undertakes a giant unpleasant task for her.
Client tells lawyer that she'll provide nude dances for payment.
Dancer tells customer she'll do FS for 300 bucks.
I don't see a difference in these cases, none whatsoever.
Finally, if I were to cast an actress in a movie with nude scenes, I would sit her down in front of a running camera and tell her that the nudity in the script won't change and if she balks, she'll be sued for damages. Unless the lawyer originated the payment idea, he should've had a camera running.
discussion comment
16 years ago
In 2001, when Tropical Storm Allison dealt Houston a terrible blow (30 inches of rain in one night) people cleaned up and went back to work. Days after the storm hit, the Japanese Ambassador to the US vistited Houston. He saw people cleaning up without complaining and he joked that the people of Houston are like the people of Tokyo (every four to five years, Godzilla shows up to party and makes a mess out of things).
So far, the biggest complainers have been the media and the Katrina transplants-who once again have their hand out. Over 95 percent of people who waited in line for gas, food, ice, or water, did so patiently. Some waiting in line pitched in to not only speed up the process, but to show the true strength of Texas culture. Texans are problemsolvers, and not complainers-waiting on the government for EVERYTHING.
discussion comment
16 years ago
I did a threesome once, and I spoke to someone who also had a same situation-threesomes are not a good idea. Women are much more emotional than women, and no matter what you do, no matter how careful you are, someone feels left out.
Tell your ATF:"Honey, I am extremely flattered, but I think we should just stick to us."
discussion comment
16 years ago
Some might take offense at this-I'm sorry, but before I started paying for pussy, I happened to sleep around quite a bit and found some ethic differences.
Asian women-not easy to land, you have to use the right bait (varies girl by girl). When you do land one, they are extremely loyal and treat the orgasm (theirs) as total nirvana-the blessed place. Take them there, and they will reward you greatly.
Black gals-very promiscuous. They treat sex as great fun. They like to have fun. Not too hard to land, but will only stay as long as it's fun.
White women-need a reason for sex. You have to find that reason, and that reason usually has a price tag attached. The price tag is not just a money thing, but money is almost always attached.
Hispanic women-mate for life with one guy. You might bed them, but most of the time while you're screwing their body, they are not in the room with you. If they are having fun, it's because they either are imagining you are that guy, or they are punishing the guy.
discussion comment
16 years ago
Cougar-I've had that not finishing problem-twice-both with nymphos. In the first place, it was the first time with the first nympho. After that first time-no problem. With the second nympho, I never finished-stayed hard, but didn't finish. With the second nympho, I was turned off by her cigarette breath, and the "tuna smell".
I suspect that you might have found something about your gal that is a deal blocker. Could it be that you are too close to her family? Can it be that the forbidden fruit of the other gals brings you pleasure, and this gal-100 years ago would've been your wife? Are you afraid of being too close to her, or her too close to you?
An old thought-Absence makes the heart grow fonder. Take a break, but don't shut off the communication with her, just tell her you need to work something out on your own, and you will be back.
discussion comment
16 years ago
I was surfing and ound "stripper stories" and one gal talked of giving a guy a LD. She described how she just continued to ride a guy for like ten or fifteen minutes before she finally gave up without him getting off. The next day, her kitty was bleeding, and scabbing up horribly.
I think she told the story about me. In my case, my dick scabbed up too.
discussion comment
16 years ago
And I thought was the only one-casualguy-you and I have some hard luck trips. I was in L.A. for a 7.1 on the richter scale, lived through more flash floods than I care to remember, been through one tornado, five hurricanes, and had many non nature related bizarre surprises.
discussion comment
16 years ago
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motorheadFat, drunk and stupid is no way to go through life
If she's good looking, I think she should work until she starts lactating (that would be....).
discussion comment
16 years ago
Actually, I sort of had this discussion. She was a co-worker. She was hot and had this kind od personality that she lit up any room she walked in.
We had developed a friendship. She told me that she had been stripping when she first went to work for the company, but had quit stripping because she was dating a guy who didn't want her to strip.
Several months later, she told me that the relationship was falling apart and she had auditioned for an upscale strip joint. The next week, she was fired for sleeping on the job.
I waited about a month and I called her. She told me she was stripping at the upscale place and I definitely should come by that night. She didn't show.
I made several trips there afterwards. I didn't see her, but I did see her cousin. I tried calling her again-same result.
I heard from a co-worker recently, who saw her at some joint, but he didn't want to say where.
Go figure.
discussion comment
16 years ago
The only costume I like is the two piece, front clasp, babydoll nighty. It's a turn on when she opens the clasp, then gives her breasts to my lips. Then, if she lets me slip off her thong.
The only other thing that's a complete turn on is when she walks in wearing street clothes. She sees me when she walks in, and because she wants to keep me, she rushes over. We talk, then retire to a secluded place where she takes off everything (her costume is in her purse, she'll put it on after we're finished).
discussion comment
16 years ago
Thanks wallanon for the research.
mmdv26-I haven't heard that joke in nearly twenty years. Several years ago, after Rita flattened Beaumont, my company asked if I would go there to help rebuild, I said no. Recently, I looked at a map of Beaumont and found that a category two storm would sink most of the city.
Finally, it's getting to the point where it's silly for Police to run prostitution stings. Considering everything Police have to do nowadays, money spent to enforce morality has to compete with cyber crimes, traffic enforcement, drug enforcement, anti terrorism ops, and plain old patrol.
Just last week, Houston Police busted several high dollar escorts, one of whom was a well regarded teacher. Of course, the media went on and on about the hooker teacher. Now, they've ruined her career. Did the Police free any captive sex slaves? No. What exactly was accomplished? In a land of dwindling teachers, especially good ones, there is one fewer.
It is past time to legalize prostitution.
discussion comment
16 years ago
With Dancers I don't know, I always check their stage rotation first, to avoid having her rush out on a good LD.
My former ATF used to disappear for minute just before she and I went into the back room. Since we would be there for 2 to 2.5 hours, I'm sure she was telling the DJ she would be with her bread and butter for awhile because her club only had 10-15 dancers at one time (you go through that many dancers in about 90 minutes)
discussion comment
16 years ago
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motorheadFat, drunk and stupid is no way to go through life
deogol is right.
My family disintegrated when I was six. Soon, my mother found a boyfriend (a child molester who battered us all-that's another story). The singlemost important symbol from my "childhood" was my mother's closed bedroom door. It meant she had no time for us.
When I became an adult, she finally dumped the loser and married into money. Then she tried to buy my affection. I wasn't interested then, and I'm not now. Needless to say, our relationship is strained.
Had she instead used the money, as I suggested, for joint counseling/therapy, so we could get past that she sold my ass to keep a jerk in her life, we might be getting along today, but it's been twenty years since then and that ship has pretty much sailed.
discussion comment
16 years ago
Fantasy North in Houston. Best time to go is weekday afternoons-1 to 4. Single mothers are working. They have stretch marks, but they need to support their kids and probably some loser boyfriend/husband.
discussion comment
16 years ago
Highest I paid was 100 for 3. It was a nude joint, but extremely high mileage with full two way contact, with extras offered.
discussion comment
16 years ago
Back in the late 90's, a religious group was trying to "shame" SC customers into no longer going. They would hang out at the parking lot entrances and someone was running plates for them.
Anyway, I drove in once and noticed them taking my plate down. I walked over, told them that:
A) I'm an adult
B) I'm single
C) If they wanted my mother's address, I would give it to them, and
D) If they notified my employer I'd sue them for all past, present, and future wages and property-taking their church and everything else I could put my hands on.
They quietly quit their campaign two days later. Don't know if my statement had anything to do with it, but I'd like to think so.
discussion comment
16 years ago
During he 90's, I had two jobs. One was an office job (part time), and the second was as a night manager at a large hotel. At the office I met a federal judge and his absolutely stunning 15 year old daughter. If she hadn't been 15...there are lines I don't cross.
About five months later, a longtime hotel customer told me he had met a girl at a club and that she was coming to his room when she got off duty. About an hour later, the girl walked in, the 15 year old. She flat out told me she danced at (a nude joint). I was instructed not to interfere if a customer met someone, and if they were both discrete.
I asked the girl if she remembered me, she didn't. I told her I knew who she was, and I then instructed her to leave immediately, or I'd call the Police. She gave me a harsh look and used the desk phone to tell the customer she had to leave. Minutes later, the friends who dropped her off picked her up.
The next day, vice came by on their weekly check. I told them what had happened the night before and they made some calls. Apparently, the judge didn't know where his daughter was, but didn't want to report her as a runaway.
I never saw her again.
discussion comment
16 years ago
I hate it, when:
1) The dancer I'm getting a LD from keeps her kitty in my face, but won't let me touch it, and turns down my requests for extras.
2) I see a really hot dancer onstage. I ask her for a LD, but she disappears after she gets off stage, and when I see her next, she's going home.
3) The only dancer offering extras has a deep voice and has stubble on "her" chin.
discussion comment
16 years ago
I love it when:
1)I find a really hot waittress that I talk into a LD. Inexperienced, she goes farther than the other dancers and has a good time.
2) In a topless club, thirty seconds into the LD, she shows me her kitty and offers extras.
3) The dancer I'm getting a LD from is a really hot former co-worker.
She invites me for OTC
It turns out to be a gangbang
She has an equally hot sister, who also gets into it.
4) The dancer I'm getting a LD from is a doppelganger for a hot celeb, like Katie Holmes.
discussion comment
16 years ago
Depends on your locale. In Houston, extras are usually offered within the first couple of dances-with the right dancer. You really have to scout them out though. If you think the college girl with the fake tits will do it for you, you're mistaken. Look for the single mothers who need to take home money to their kid(s) and the loser boyfriend.
Then there's the black clubs. They are extremely high mileage to begin with. Again, if you go for the beauty queen, she'll do the extras-but wants serious $$$$. Look for the single mother-she'll negotiate a rate for you.
discussion comment
16 years ago
As for Dudester: Sorry, but I can't even recall acknowledging your existence.
I am hurt, truly shocked, oh my. I seem to remember words cast in my direction like "conservative" (as if that's a bad word), "idiot" (I think in your lexicon, conservative and idiot are interchangeable) and robot (I think you think I take my marching orders from Rush).
Could be you were so busy spewing forth liberal angst that you forgot. No matter, I don't lose sleep over you. Have a nice day.
discussion comment
16 years ago
The last time I was in a club with five dollar lappers, the songs lasted 2.5 minutes and no extras were offered. I felt cheated.
I haven't bought razors in quite a while (2 years?) although I shave daily. Walmart is working hard to lose to lose me as a customer. I was in a target recently, and found it a much better place to be-more quiet, cleaner, and they had things Walmart no longer offers.
discussion comment
16 years ago
It's o.k., njcsfan calls me names, but he backs losers like Jimmy Carter, Micheal Dukakis, and Al Bore. He worships Margaret Sanger and he can't get over how it's no longer 1969 (Nixon is dead?). He really does believe in man caused Global Warming, and he lives on trail mix and wheat germ (whatever that is???).
It's truly sad, it really is.