Wisconsin Lawyer
Vol. 79, No. 3, March
2006
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.
Disciplinary proceedings against
Jeffrey A. Kingsley
On Jan. 13, 2006, the Wisconsin Supreme Court suspended the law
license of Jeffrey A. Kingsley, 42, Wisconsin Rapids, for 60 days, for
professional misconduct. Disciplinary Proceedings Against
Kingsley, 2006 WI 5. The suspension comported with the referee's
recommendation in the matter and followed a stipulation entered into by
Kingsley and the Office of Lawyer Regulation (OLR), which prosecuted the
case. The court also ordered Kingsley to pay the $486.10 cost of the
disciplinary proceeding and to pay $2,000 (plus interest) in restitution
to the Wisconsin Lawyers' Fund for Client Protection, which had paid
that amount to a former client harmed by Kingsley's misconduct.
Kingsley's law license had been temporarily suspended since March 23,
2004, for his failure to cooperate with the OLR's investigation, and
administratively suspended since June 7, 2004, as a result of his
noncompliance with continuing legal education reporting
requirements.
A client advanced $3,000 to Kingsley in early 2003 for representation
on potential claims against a county and certain law enforcement
officers. Shortly thereafter, Kingsley returned $1,000 of the advance to
the client. Kingsley failed to prepare and file two lawsuits as
promised, contrary to SCR 20:1.3. Kingsley violated SCR 20:1.4(a) by
failing to respond to the client's telephone calls and correspondence.
In violation of former SCR 20:1.15(a) (effective through June 30, 2004),
Kingsley failed to hold the funds advanced by the client in a client
trust account. On termination of the representation, Kingsley failed to
return the unearned retainer to the client, in violation of SCR
20:1.16(d). Kingsley did not cooperate with the OLR investigation into
the client's allegations, failing to respond to multiple investigative
letters, contrary to SCR 21.15(4), 22.03(2), and 22.03(6), each of which
is enforceable under the Rules of Professional Conduct via SCR
20:8.4(f). Kingsley failed to notify the client of the temporary
suspension of his law license and failed to advise her to therefore seek
other counsel, contrary to SCR 22.26(1)(a) and (b) and SCR
20:8.4(f).
Kingsley had no prior discipline.
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Disciplinary proceedings against
Brian B. Burke
On Jan. 3, 2006, the Wisconsin Supreme Court summarily suspended
Brian B. Burke's law license, as of that date and until reinstated by
the court. Case No. 2005XX21704-D. Burke, a former state senator from
Milwaukee, had stipulated to the summary suspension.
The OLR had sought the summary suspension, pursuant to SCR 22.20,
following Burke's conviction in state court for misconduct in office,
relating to his use of state employees to work on his campaign for the
2002 Wisconsin attorney general election and to obstruction of an
officer during the state's investigation.
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Disciplinary proceedings against
Hazel J. Washington
On Jan. 26, 2006, the Wisconsin Supreme Court summarily suspended the
law license of Hazel J. Washington, as of that date and until reinstated
by the court, following Washington's 2005 felony conviction on one count
of willfully attempting to evade federal income tax obligations. Case
No. 2005XX21809-D.
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Disciplinary proceedings against Eric
L. Crandall
On Jan. 20, 2006, the Wisconsin Supreme Court suspended the Wisconsin
law license of Eric L. Crandall, New Richmond, for three months
effective Feb. 20, 2006, as discipline reciprocal to a three-month
suspension imposed against Crandall's Minnesota law license by the
Minnesota Supreme Court on July 28, 2005.
The Minnesota suspension resulted from Crandall's neglecting client
matters, failing to appear at clients' court hearings, failing to comply
with discovery rules, and failing to fully cooperate with the Minnesota
Office of Lawyers Professional Responsibility. Crandall also failed to
notify the OLR of his Minnesota suspension within 20 days of that
suspension, contrary to SCR 22.22(1). Disciplinary Proceedings
Against Crandall, 2006 WI 6.
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Reinstatement of Thomas E.
Zablocki
On Jan. 27, 2006, the Wisconsin Supreme Court reinstated the law
license of Thomas E. Zablocki, Franklin. Disciplinary Proceedings
Against Zablocki, 2006 WI 8.
Zablocki's license had been suspended since Aug. 10, 1998, in
connection with a six-month suspension imposed for professional
misconduct involving trust account violations and failing to cooperate
with the Board of Attorneys Professional Responsibility's investigation.
Disciplinary Proceedings Against Zablocki, 219 Wis. 2d 313, 579
N.W.2d 233 (1998).
While under suspension, Zablocki received a public reprimand for
misconduct that occurred during his representation of spouses in a
divorce proceeding. He committed various disciplinary violations,
including committing a conflict of interest, failing to refund an
unearned portion of a fee, and failing to keep complete trust account
records. In re Disciplinary Proceedings Against Zablocki, 2001
WI 115, 247 Wis. 2d 994, 635 N.W.2d 288.
Before the court reinstated Zablocki's license, the court's presiding
referee recommended that Zablocki obtain certification from the Board of
Bar Examiners showing that he had completed his CLE requirements and
that he provide evidence that he had entered into a plan with the OLR
for payment of the costs of his previous public reprimand. Zablocki
subsequently filed a response showing he had paid the OLR costs judgment
of $6,935.65, and that he had satisfied the requisite CLE
requirements.
The court ordered Zablocki to pay the $5,137.85 cost of the
reinstatement proceeding to the OLR within 60 days.
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Disciplinary proceedings against Mark
E. Converse
The Wisconsin Supreme Court suspended the law license of Mark E.
Converse, Green Bay, for one year, effective Feb. 23, 2006. Converse
also was ordered to pay the $4,056.34 cost of the proceeding.
Disciplinary Proceedings Against Converse, 2006 WI 4.
The misconduct leading to discipline occurred in two separate client
matters. In the first matter, Converse agreed to represent a husband and
wife on an appeal of an adverse judgment in a breach of contract case.
Converse filed a notice of appeal and obtained an extension for filing
an appellate brief, but he failed to file the brief or otherwise advance
the appeal, which was dismissed. Converse's lack of diligence violated
SCR 20:1.3. Converse did not inform his clients of the dismissal, in
violation of SCR 20:1.4(a), and in fact represented to the clients that
the appeal was still pending, contrary to SCR 20:8.4(c). The clients
learned of the appeal dismissal through contact with the circuit court.
Converse failed to cooperate in the OLR's investigation in the matter,
in violation of SCR 21.15(4), 22.03(2), and 22.03(6).
In the second matter, Converse was appointed to represent a man in
postconviction proceedings, but he never filed a motion for sentence
modification or other postconviction relief or otherwise took steps to
advance the client's interests, in violation of SCR 20:1.3. Converse
ceased communicating with the client, contrary to SCR 20:1.4(a).
Converse was disciplined on four previous occasions: a 1985
consensual public reprimand; a 1992 public reprimand imposed by the
supreme court; a 1994 60-day suspension; and a 2004 90-day
suspension.
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Disciplinary proceedings against Mark A.
Phillips
On Jan. 20, 2006, the Wisconsin Supreme Court entered an order
summarily suspending Mark A. Phillips' law license as of that date and
until reinstated by the court. Case No. 2005XX21932-D.
The OLR had sought the summary suspension, pursuant to SCR 22.20,
following Phillips' conviction in federal court of attempted income tax
evasion.
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