J M. Green
Attorney Registration and Disciplinary Commission
Of the Supreme Court of
One Prudential Plaza
Dear Ms. Welsh:
I am in receipt of your letter dated
Mr. Starzac knowingly filed the falsified Affidavit notarized by Sharon Lowery in the Circuit Court of the Nineteenth Judicial Circuit,
Rule 1.2(d) Scope of Representation states A lawyer shall not counsel a client to engage, or assist a client, in conduct that the lawyer knows is criminal or fraudulent, but a lawyer may discuss the legal consequences of any proposed course of conduct with the client and may counsel or assist a client to make a good-faith effort to determine the validity, scope, meaning or application of the law. Thus Mr. Starzac knowingly obtained an Affidavit and filed falsified Affidavit obtained by OSI Collection Agency employees. (See exhibit 1).
Rule 1.2(f)(3) states fail to disclose that which the lawyer is required by law to reveal. Failing to disclose to the court who the true plaintiff is and failure to disclose that the affidavit was obtained by OSI Collection Agency employees violated this rule. (See exhibits 3 and 2)
Rule 3.3(a)(1) states make a statement of material fact or law to a tribunal which the lawyer knows or reasonably should know is false. Mr. Starzac filed with the court the Affidavit which he knew the statements within the Affidavit were false. (See exhibit 1)
Rule 3.3(2) states fail to disclose to a tribunal a material fact known to the lawyer when disclosure is necessary to avoid assisting a criminal or fraudulent act by the client. The material fact is that Capital One was not the plaintiff and that OSI Collections Agency was the true plaintiff. (See exhibit 3)
Rule 3.3(a)(4) states offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures. Mr. Starzac has taken no remedial measures even after I filed the Motion to Vacate Void Judgment for Failure to Include All Indispensable Parties In the Case. (exhibit 3)
Rule 3.3(a)(7) engage in other illegal conduct or conduct in violation of these rules
Rule 3.3(a)(8) states fail to disclose the identities of the clients represented and of the persons who employed the lawyer unless such information is privileged or irrelevant. The true plaintiff is material in this case it is not privileged or irrelevant information. Capital One is not the true plaintiff but OSI Collection Services is the true plaintiff. (See exhibit 3)
Rule3.3(a)(13) suppress any evidence that the lawyer or client has a legal obligation to reveal or produce. Mr. Starzac suppressed the true identity of his client and he concealed the material fact that the Affiant and Notary Public were employees of OSI Collection Agency. (see exhibits 2 and 3)
The case of Capital One vs. J. Green is set for Trial on January 25, 2007 and part of the relief we have requested that Judge Helen Rosenberg to recommend to the ARDC to investigate Blitt & Gaines, P.C. and Michael Starzac for professional misconduct to the court.