Andrew Macdonald Hale

I tell this important story as a cautionary statement for any potential client, or referring attorney, who may be considering hiring Andrew Hale. I hired Andrew Hale (Hale) and his former firm, Rock Fusco & Garvey, to represent both me and my companies in early 2000. My initial impressions were favo...rable. In 2003, my businesses and I were sued in a series of fraudulent cases where the plaintiff had, among other things, used forged documents to obtain massive judgments. Unknown to me at the time, Hale and his firm represented my adversary, including facilitating his purchase of the commercial properties at the center of the dispute. This conflict of interest was not disclosed. Before and during the litigation, Hale agreed to assist me in investigating the fraudulent and tortious acts being committed against me and my businesses by their "other" client. He did not inform me of his firm's conflict of interest. Neither did he disclose that his firm had documents in its possession, from their relationship with my adversary, which would have proven the fraud being committed against me, my businesses and the court. In furtherance of our investigation, Hale advised me regarding the Illinois Eavesdropping Statute (the “Statute”) and its relevant exceptions. On his advice, and with his supervision, I made certain consensual and non-consensual recordings in compliance with the Statute. When I discovered the extent of Hale’s and his firm's conflict of interest, I terminated their services. Massive judgments resulted from the fraudulent litigation leaving me homeless, with all of my personal and business possessions seized in satisfaction of the judgments. Immediately following the judgments and collection activity, I was arrested for allegedly violating the Statute (a complaint brought by my adversary to the State’s Attorney and supported in a letter to my adversary’s attorney written by Hale's law partner). Before charging me, the Assistant State’s Attorney went to Hale's home to corroborate my assertion that I acted under his advice and guidance and pursuant to the Statute (i.e., that I was the victim of crime). Instead of confirming this information, Hale (1) lied to the State Attorney by claiming he had no knowledge of my recording any conversations, (2) did not discuss the Statute or its exceptions with me, and (3) that I had become "strange". As a direct and proximate cause of Hale's lies, I was charged with felony eavesdropping and held on an unprecedented $500,000 source bond. I was then jailed at the Cook County Department of Corrections, Maximum Security (Division 11), for four months. I had no criminal history and am a college educated, licensed health care professional. During my incarceration, I was brutally attacked and injured - the results of which I continue to live with. The case against me was ultimately dismissed after the State’s Attorney furthered his investigation and determined I had acted within the law in making my recordings. In December 2012, the Honorable John C. Griffin concluded a bench trial in my lawsuit against Hale and his former law firm. After considerable testimony and evidence, the Court found I was credible, Hale was not credible and, most importantly, that Hale "lied" to the State's Attorney during that initial interview prior to my being charged. The court also held that Hale's "lies" were the proximate cause of my being charged with a crime and incarcerated for four months. The court entered a seven figure judgment in my favor and against Hale and his former firm. Reference: Cook County Circuit Court – Daley Center – file number 06L753.