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Second complaint filed with ARDC against MTCA attorney
February 3, 2009 – Another complaint has been filed against former state legislator Ellis Levin, in his role as attorney for Marina Towers Condominium Association, with the agency of the Illinois Supreme Court that investigates allegations of misconduct by lawyers. This time, it is a former MTCA president who accuses Levin of professional misconduct. Dr. Martin Flynn, who was on the MTCA board of directors from 2000 to 2002, alleges Levin single-handedly kept him from running for re-election in 2006 by not accepting a copy of the warranty deed for his condo unit as proof of ownership. Flynn says it was the same documentation that had been accepted by the MTCA in 2004. He believes Levin did this in retaliation for Flynn attempting to see MTCA financial documents. Although Illinois law allows unit owners to see financial records of their condo board, MTCA has gone to great lengths to prevent unit owners at Marina City from accessing this information. Generally, the board, through Levin, will tell the unit owner he or she has not submitted a “proper purpose” for seeing the documents. Owners have even been threatened with fines if they persist. According to Flynn, Levin would not utilize other means of proving ownership, as required of the association, such as an online search of records with the Cook County Recorder of Deeds. “Clearly, the only way to confirm contemporaneous ownership is through the Recorder’s office,” Flynn told Marina City Online, “and that was the association’s and therefore Levin’s responsibility.” In his complaint filed on Monday with the Attorney Registration and Disciplinary Commission, Flynn says he is “compelled to respond to the activities of Mr. Ellis Levin at the Marina Towers Condominium Association…his knowing disregard for condominium governing documents…and his use of harassment and threats to squelch legitimate condominium owner requests.” Flynn says in 2005, Levin denied his written request to see financial documents – initially for not having a signature. He says Levin then rejected the “proper purpose” Flynn had given for seeing the documents, and threatened him with fines and costs if he continued pursuing his request. Also that year, Flynn requested to see proxy votes cast in the 2004 election of MTCA directors, in which he was a candidate. Although this is allowed by Illinois law, Levin again refused his request and, says Flynn, threatened him with fines and costs.
Flynn says Levin knew he was a unit owner, had corresponded with him as such, and could have quickly verified his eligibility to run for the condo board. Still, Levin removed Flynn from the ballot while Flynn was out of town. “This sort of political disenfranchisement is unconscionable and should be condemned.” MCO complaint lacks sufficient evidence, says ARDC Meanwhile, the ARDC has declined to take further action on a complaint filed against Levin in late December by Marina City Online. Steven Dahlman, editor of the web site, accused Levin, who represented the 12th District in the Illinois House from 1977 to 1995, of misconduct in his role as MTCA attorney. Levin responded to the complaint on January 21, through his attorney, Thomas P. Sukowicz. Sukowicz said Levin is merely an advocate for MTCA, and defends Levin’s actions as “the conscientious discharge of the duty he owed to his client.” MCO responded to the letter from Sukowicz on January 31, accusing Levin of professional misconduct by making assertions he knows to be frivolous. “His claims are without merit,” wrote Dahlman. “He knows they are without merit, and hiding behind his client does not excuse Mr. Levin from the fact that he has violated the Rules of Professional Conduct.” However, in a letter dated February 3, James L. Needles, Senior Counsel for the Attorney Registration and Disciplinary Commission, told Dahlman, “We have concluded that we would be unable to establish by the requisite standard of evidence that Mr. Levin deliberately pursued meritless claims or that he otherwise engaged in professional misconduct.” Needles says the issues described in the complaint “are properly addressed and resolved through private negotiation or in the courts and not by this Commission.” Flynn complaint speculates Levin is hiding “a greater malfeasance” Because Levin claims only to be following his client’s instructions, Dr. Flynn wonders if this is in fact hiding a greater malfeasance by Levin and MTCA president Donna Leonard, who is also a lawyer. “Because Mr. Levin is now absolving himself of ethical and legal accountability in that he is in effect ‘only following orders,’ however unethical the orders of his client may be, perhaps Ms. Leonard should also be investigated for her corruption of condominium law and the MTCA governing documents, and collusion with Mr. Levin in achieving it.”
Flynn, an anesthesiologist who currently lives in Venice, California, says an equally egregious record of medical misconduct by a licensed physician would be dealt with harshly by the Medical Board of California. “In my past role as a condominium director and officer,” writes Flynn, “I took great pride in my responsibility to learn the law and act within the law in a manner of transparency and fairness, and to hold my fiduciary duty to the associations I served inviolate. To then witness firsthand and now hear of other constraining and vindictive actions by Mr. Levin, who should know better, makes me call for justice from across the country. The owners of the MTCA deserve better and Illinois deserves a better, more astute and lawyerly attorney.” Flynn was also on the board of directors of Two East Oak Condominium Association, located in the River North area of Chicago, for seven years.
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Serving the Loop and Near North neighborhoods of downtown Chicago
Dr. Martin Flynn
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