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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revealed that he had personally withdrawn these funds for his own purposes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.
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