Well-known Madison County attorney, gun rights advocate could lose his law license — again
An attorney from a prominent legal family in Madison County who’s known for representing clients in Illinois gun-rights cases may get his law license suspended for the second time in five years.
A hearing board for the Attorney Registration & Disciplinary Commission is recommending that the Illinois Supreme Court suspend Wood River-based Thomas Maag for two years.
The commission presented its case to board members in March after charging Maag with three violations of court rules, including:
- Failure to diligently represent a client couple in three matters, reasonably communicate with them about those matters and return their files.
- Dishonest conduct, including backdating a client letter containing a false statement, causing the letter to be deposited in the client’s mailbox in fabricated U.S. Postal Service packaging and repeating the false statement to the commission’s administrator.
- Failure to cooperate with a subpoena for computer equipment as part of an investigation.
“The Hearing Board found that the Administrator proved all of the charged misconduct by clear and convincing evidence,” stated its Sept. 30 report and recommendation.
Maag was last suspended in 2019 for two months for allegedly creating a conflict of interest while representing a client.
Maag has 21 days to appeal the recent recommendation, according to commission rules. Spokesman Steve Splitt declined to comment on when the case will go before the Illinois Supreme Court or whether justices will follow hearing board recommendations.
Maag didn’t respond to a request for comment on this story.
Third-generation attorney
Maag operates Maag Law Firm in Wood River with his brother, Peter. Their father, Gordon Maag, served as a Fifth District Appellate Court judge before his unsuccessful bid to become an Illinois Supreme Court justice in 2004. Their late grandfather, Edward Maag, also was an attorney.
The state licensed Thomas Maag to practice law in 2000, according to the disciplinary commission’s website. In recent years, he has filed several civil lawsuits related to gun rights.
Maag and his brother are now representing three plaintiffs in U.S. District Court for the Southern District of Illinois who are challenging the constitutionality of an Illinois ban on assault weapons and high-capacity magazines.
In March, Maag Law Firm hosted a fundraiser to fight the “evil” ban, according to a flyer. Donors were invited to fire a grenade launcher in unincorporated Pontoon Beach.
“Fighting for freedom is expensive!” the flyer read.
Last year, Thomas Maag argued before the Illinois Supreme Court against a Freedom of Information Act amendment that exempts from public disclosure the names and information of people who have applied for or received firearm owner’s Identification cards. His clients lost.
Facts in the current disciplinary case date back to 2019, when Michael and Laura Ambrose hired Maag to represent them in three civil lawsuits, according to the complaint.
One lawsuit related to a cracked hot tub that caused damage, one related to purchase of a diamond ring and one related to an alleged breach of fiduciary duty by a financial services company.
The complaint stated that:
- The Ambroses paid Maag a $1,545 retainer fee on Sept. 21, 2019.
- By April 11, 2022, no lawsuits had been filed.
- Michael Ambrose made periodic requests for information, including final requests for all their files, but Maag didn’t respond.
- The couple complained to the disciplinary commission, which started an investigation on Dec. 28, 2022.
- Maag returned the retainer fee on Jan. 17, 2023.
- The Ambroses found a clear plastic U.S. Postal Service bag containing a manila envelope in their mailbox on Jan. 14, 2023.
- The envelope contained a letter dated Dec. 20, 2022, that allegedly was “fabricated and backdated” by Maag.
- The letter stated that Maag no longer had copies of couple’s paper files, but he was sending digital versions on a CD.
- The envelope was torn on one end and contained no CD.
- Maag provided a written response to the commission on Jan. 17, 2023, as part of its investigation, stating that he had returned the files in December.
- Maag failed to respond to commission subpoenas that requested the files, as well as computer equipment that would help investigators determine if he did any work for the Ambroses or backdated the letter.
Client sent eviction notice
Maag’s suspension in 2019 resulted from his legal representation of Brittany Rose Nicole Gresham, first in a 2015 child-custody case and later a personal-injury claim resulting from a fall, 10 misdemeanor charges and a civil lawsuit over an alleged false arrest.
Gresham signed a quit-claim deed to her Wood River home over to Maag in exchange for $30,000 in legal services without being informed of her rights and with the understanding that she could continue living there indefinitely, according to the disciplinary commission complaint.
“(Maag) placed his own financial interests in direct conflict with the financial interests of Gresham, who was his client,” it stated.
Maag reportedly sent a letter to Gresham in 2018, demanding that she vacate the property, and later filed a lawsuit seeking her eviction and monetary compensation for damages.
Gresham sought legal counsel from Land of Lincoln Legal Assistance Foundation and filed responsive pleadings, including claims against Maag of “fraud and unconscionability.”
Maag ultimately conveyed the home back to Gresham, who benefited financially because he released her from claims for unpaid attorney fees, and he already had paid thousands of dollars in back property taxes, according to the hearing board report.
The commission recommended that Maag be suspended for 60 days, noting that he had never been disciplined before, and the Illinois Supreme Court agreed through its order. He couldn’t practice law from Oct. 7 to Dec. 5, 2019.
