OLR Compendium > Public Reprimand of Terry Nussberger

Public Reprimand of Terry Nussberger

2015-OLR 9

Terry Nussberger (“Nussberger”) is a Wisconsin attorney whose State Bar identification number is 1008127. Nussberger lives in Ladysmith, Wisconsin. Nussberger was first licensed to practice law in Wisconsin on September 13, 1983.

Respondent represented a client in a property dispute regarding the location and existence of a driveway easement. After the filing of a lawsuit against Respondent’s client, Respondent answered the suit and raised a counterclaim. During discovery, opposing counsel served Respondent with Interrogatories, Requests to Produce, and Requests to Admit on both the underlying claims, as well as Respondent’s client’s counterclaim.

While Respondent forwarded the discovery requests to his client, he never informed the client of applicable deadlines, nor did he communicate the significance of the discovery requests and the consequences for not responding to them. Respondent did not submit any responses to the discovery requests, and based on the failure to respond to the Requests to Admit, the trial court entered summary judgment against Respondent’s client on both the original claims as well as the counterclaim. In addition, Respondent did not inform his client that the court had dismissed his counterclaim.

By failing to respond to two sets of Interrogatories, Requests to Produce, and Requests to Admit, resulting in summary judgment in favor of the opposing party on all claims, Respondent violated SCR 20:1.1, SCR 20:1.3, and SCR 20:3.4(d). SCR 20:1.1 states that a lawyer must provide “competent representation to a client.” SCR 20:1.3 requires that a lawyer act with “reasonable diligence and promptness” in representing a client. SCR 20:3.4(d) mandates that a lawyer make “a reasonably diligent effort to comply” with discovery requests.

By failing to keep his client reasonably informed regarding the status of his case, including the entry of a judgment that dismissed his counterclaim in the case, Respondent violated SCR 20:1.4(a)(3), which provides that a lawyer must keep his client “reasonably informed” regarding the status of a case.

By sending his client Interrogatories, Requests to Produce, and Requests to Admit received from opposing counsel, without explaining to his client the significance of the discovery requests, what his client’s responsibilities were with respect to the discovery requests, what the applicable deadlines were, and the consequences for failing to respond to the discovery requests in a timely fashion, Respondent violated SCR 20:1.4(b).

Respondent was suspended from the practice of law for sixty days in 2006, and has two previous public reprimands, one in 2003 and another in 2009.

In accordance with SCR 22.09, Attorney Terry Nussberger of Ladysmith, Wisconsin is hereby publicly reprimanded.

Dated this 20 day of October, 2015.