Lawyer Discipline
The Office of Lawyer
Regulation (formerly known as the Board of Attorneys Professional
Responsibility), an agency of the Wisconsin Supreme Court and component
of the lawyer regulation system, assists the court in carrying out its
constitutional responsibility to supervise the practice of law and
protect the public from misconduct by persons practicing law in
Wisconsin. The Office of Lawyer Regulation has offices located at Suite
315, 110 E. Main St., Madison, WI 53703, and Suite 300, 342 N. Water
St., Milwaukee, WI 53202. Toll-free telephone: (877) 315-6941.
Disciplinary Proceeding against Andrew
L. Hunsick
On June 12, 2001, the Wisconsin Supreme Court suspended the law
license of Andrew L. Hunsick, 49, Milwaukee, for two years. In addition,
the court ordered Hunsick to pay the costs of the disciplinary
proceedings. The suspension was based upon Hunsick's misconduct while
employed as an assistant corporation counsel for Milwaukee County.
In 1992 the county took title to certain private property pursuant to
a tax lien foreclosure. The owners subsequently entered into a
memorandum of understanding with the county, represented by Hunsick,
under which they would make periodic payments over the following year in
order to have the title to the property returned to them. Hunsick set up
an account at a local bank to receive these payments. However, the
owners did not make all payments as required and did not receive title
to the property.
In early 2000, the owners again approached the county regarding the
delinquent payments. The county determined that there was a discrepancy
between what was, and what should have been, in the bank account from
the earlier failed attempt to redeem the property. It appeared that
$5,000 was missing. Further investigation, including questioning of
Hunsick, revealed that he had personally withdrawn these funds for his
own purposes because he was having financial difficulties, although he
had subsequently repaid the account $2,000, leaving $3,000 still
outstanding.
In May 2000, Hunsick did repay the county the shortfall plus
interest, a total of $3,300. However, shortly thereafter he was charged
with one count of misconduct in public office in violation of Wis. Stat.
section 946.12(2), a Class E felony. On Sept. 28, 2000, he pled guilty
to this offense and subsequently was convicted. On Oct. 23, 2000,
sentence was withheld, with Hunsick placed on probation for 18 months
and required to perform 500 hours of community service.
The court found that Hunsick committed a criminal act that reflects
adversely on his honesty, trustworthiness, or fitness as a lawyer in
other respects, in violation of SCR 20:8.4(b).
Disciplinary Proceeding against Perry
P. Lieuallen
On June 1, 2001, the Wisconsin Supreme Court revoked the law license
of Perry P. Lieuallen, Port Washington, commencing the date of the
order. Lieuallen's license had been suspended since Feb. 22, 2001,
pending the outcome of the disciplinary proceeding. Lieuallen had no
prior discipline.
Lieuallen did not answer the Office of Lawyer Regulation's (OLR)
complaint. The allegations in the complaint were deemed true, and a
default judgment was entered. The complaint was based upon Lieuallen's
misconduct in two client matters and an audit of his trust account,
which revealed a pattern of mismanagement and conversion of client funds
over an extended period.
In the first client matter, Lieuallen represented a man in a divorce.
Upon the sale of the client's home, Lieuallen deposited the proceeds of
$29,727.45 into his trust account, pursuant to a court order that the
funds be held pending further order of the court. Lieuallen immediately
withdrew $10,000 from the trust account for fees despite the court's
order. He ultimately paid himself a total of $24,500 out of those funds,
allegedly for fees earned in the representation. In doing so, Lieuallen
failed to conform to a standard of conduct established by the court in
Disciplinary Proceeding Against Marine, 82 Wis. 2d 602, 609-10 (1978),
regarding the removal of funds in trust for fees, and, thereby, violated
SCR 20:8.4(f).
In addition, several withdrawals that Lieuallen identified as
disbursements of the client's funds occurred after the client's funds
had been completely dissipated, in violation of SCR 20:1.15(a) and SCR
20:8.4(c). Finally, Lieuallen violated SCR 20:1.4(a) in the matter by
failing to inform the client of a court ruling regarding the division of
other personal property. As a result, the client missed a deadline for
retrieving property held by his wife.
The second client matter also involved a divorce. Early in the
representation, Lieuallen received funds on the client's behalf, which
he deposited in his trust account. Lieuallen converted those funds to
his own use or that of other clients, in violation of SCR 20:1.15(a) and
SCR 20:8.4(c). Lieuallen also received a Wisconsin tax refund check
endorsed by his client and allowed that check to remain, uncashed, in
his file for an estimated two years. The deadline for negotiating the
check expired a year and a half before Lieuallen produced it from his
file. His conduct constituted a failure to safeguard client property, in
violation of SCR 20:1.15(a). Further, Lieuallen gave no written notice
to his client of his receipt of any of the funds, and did not promptly
deliver the funds to the client, in violation of SCR 20:1.15(b).
Lieuallen failed to act with reasonable diligence and promptness in the
matter, in violation of SCR 20:1.3, by failing to draft an order, as
directed by the court, and by failing to object to the divorce findings
that had been drafted by opposing counsel, which his client believed
were incorrect.
Finally, an audit of Lieuallen's two trust accounts revealed multiple
trust account violations involving his handling of funds belonging to 23
clients and third persons, including repeatedly failing to hold the
funds of clients in trust, repeatedly disbursing funds belonging to
individual clients to one or more other clients, and repeatedly
disbursing to himself or his firm funds that appeared to be in excess of
the fee to which he was entitled, all in violation of SCR 20:1.15(a) and
SCR 20:8.4(c).
In addition, Lieuallen failed to maintain the trust account records
required by SCR 20:1.15(e), including a receipts journal, a
disbursements journal, individual client ledgers, and a monthly schedule
of the client ledgers reflecting the monthly balance for each client.
Furthermore, for at least four fiscal years, Lieuallen filed false
certifications with the State Bar of Wisconsin, in violation of SCR
20:1.15(g), by indicating on his dues statements that he was maintaining
the trust account records required by SCR 20:1.15(e).
The court ordered Lieuallen to pay the costs of the disciplinary
proceeding and restitution in the amount of $60,843.29.
Wisconsin Lawyer
