 |
 |
 |
 |
 |
 |
MTCA attorney responds to ARDC complaint
26-Jan-09 – MTCA attorney Ellis Levin, through his own attorney, has responded to a complaint filed by Marina City Online with the agency of the Illinois Supreme Court that investigates allegations of lawyer misconduct. The complaint was filed with the Attorney Registration and Disciplinary Commission on December 26 by Steven Dahlman, editor of the MCO web site. In cases where misconduct is a threat to the public or the legal profession, the ARDC will prosecute the lawyer. Responding on behalf of Levin is Thomas P. Sukowicz, a partner in the law firm of Hinshaw & Culbertson LLP. According to the firm’s web site, Sukowicz specializes in issues involving “lawyers’ professional liability and responsibility.”
Sukowicz describes Levin as “a highly respected member of the bar in Illinois.” He denies the allegations of misconduct, saying Levin was simply “taking direction from his client,” Marina Towers Condominium Association. He reiterates to the Commission that a promotional letter for MCO, that was widely distributed last September, “wrongfully created the impression that [Marina City Online], rather than the web site operated by the Condominium Association, was the ‘official’ condominium web site.” He says this is a violation of condo association rules as well as the Uniform Deceptive Trade Practices Act. Such a violation, he says, subjected MCO editor Steven Dahlman and the site’s sponsor, Michael Michalak, both residents of Marina City, to condo board fines of $1,000 each plus $50 per day starting on January 13. Although the MCO letter claims the site is “the official source of information about Marina City,” Marina Towers Condominium Association has claimed ownership of the name and image of the entire mixed-use complex, not just the condo association or residential towers. MTCA appears to claim the two names – Marina City and Marina Towers – are synonymous, even though historically, the former has referred to the complex and the latter just to the condominium. Sukowicz describes Marina City Online as a “commercial real estate broker web site.” He says rights under the First Amendment do not apply to “commercial speech” and that MTCA took action against Marina City Online because “it was a commercial web site, not a personal one.” He points out it is not Levin who is asking MCO to obtain permission to use the name “Marina City” in its web site about Marina City, but Marina Towers Condominium Association. “Mr. Dahlman conflates them as if they were one and the same. They are not. Mr. Levin is acting only as the attorney for MTCA. He has no personal interest in the contents of Mr. Dahlman’s web site.” Condo board again claims rights to entire Marina City complex Sukowicz defends claims by the condo association that it owns intellectual property rights to the entire complex. He says Levin has pointed out that “law firms of…movie studios, advertising firms, and others…have in the past sought permission from the Condominium Association to use the Association name or image.”
Details of parties obtaining such permission have never been revealed, other than firms who were clearly renting physical access to condo association property, rather than permission to use the image of Marina City. For example, Sukowicz refers in his letter to a “singing group” that paid a fee to MTCA, and this is probably rap artists R. Kelly and Beanie Sigel (pictured above), who shot a music video in 2007 on the roof of the west residential tower. In the past year, Marina City appeared in commercial works created by Chicago Convention & Tourism Bureau, Hyundai Motor America, and Paramount Pictures. When contacted by Marina City Online, none of these companies could recall any contact with Marina Towers Condominium Association, let alone seeking permission from MTCA or paying a fee. Sukowicz also responds to a claim by Dahlman of misconduct against Levin for his involvement in denying access to condo association documents by unit owners at Marina City. A complaint was filed in 2007 by a west tower resident, Mindy Verson, with the City of Chicago’s Department of Consumer Services. MTCA maintains the documents, specifically invoices submitted by Levin for legal services, are subject to attorney-client privilege. Sukowicz claims the hearing officer in the case, Verson’s attorney, and even Verson herself agreed that detailed invoices were protected. As for legal expenses in 2006 being 149 percent over budget, Sukowicz says that is not Levin’s fault. “An attorney representing the Condominium Association cannot always keep his fees within budget if he is asked or directed by his client to provide services that exceed the amount budgeted.” Saying his client is merely an advocate for MTCA, Sukowicz defends Levin’s actions as “the conscientious discharge of the duty he owed to his client.” MCO has 14 days to respond to the response. Although a hearing with the condo board has been requested, MTCA has not contacted Dahlman’s attorney, Thomas D. Rosenwein.
|
