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¶3 On May 16, 2012, the Office of
Lawyer Regulation (OLR) filed a complaint
against Attorney Payne and a motion
requesting this court to issue an order
directing Attorney Payne to show cause under
SCR 22.22(3) why reciprocal discipline
should not be imposed.
¶4 On July 3, 2012, following the OLR's
filing of an affidavit of service of the
complaint on Attorney Payne, an order was
issued directing Attorney Payne to inform
the court of any claim against imposing
reciprocal discipline under SCR 22.22(3) by
July 23, 2012. Copies of the order were
sent via both first-class mail and certified
mail to the last address Attorney Payne had
provided to the State Bar of Wisconsin, to
the most recent address Attorney Payne had
furnished to the Attorney Registration and
Disciplinary Commission of the Supreme Court
of Illinois (ARDC), and to the address
listed in the affidavit of service at which
personal service of the OLR's complaint had
occurred. While some of the envelopes were
returned as unclaimed or undeliverable, the
court has received a signed receipt for at
least one of the envelopes sent by certified
mail, and two of the envelopes sent by first-
class mail have not been returned as
undeliverable. Thus, we conclude that
Attorney Payne has received actual notice of
the court's order to show cause.
¶5 Attorney Payne, however, has not
filed any response to the order to show
cause or to the OLR's complaint. Thus, we
conclude that the allegations of the OLR's
complaint and the attached certified copies
of the Illinois disciplinary records are
deemed admitted.
¶6 Those Illinois disciplinary
documents indicate that the Supreme Court of
Illinois imposed a six-month suspension on
the license of Attorney Payne to practice
law in that state. The suspension arose
from Attorney Payne's representation of S.D.
with respect to the estate of S.D.'s
mother. The representation was to include
handling the closing of the sale of the
mother's real property and investigating the
refusal of an insurance company to pay
certain death benefits. With respect to the
insurance company matter, Attorney Payne
agreed that, if necessary, he would file
suit against the insurer on behalf of the
mother's estate.
¶7 Attorney Payne attended the real
estate closing, where he received a $3,000
check from the title company. Those funds
were to cover his $1,000 fee for handling
the real estate closing and a $2,000 advance
fee for his future work on the insurance
matter. Shortly after the closing, Attorney
Payne reviewed documents regarding the
insurance matter, but he took no further
action to pursue the estate's claim against
the insurer. For nearly a year S.D. made
weekly unsuccessful attempts to communicate
with Attorney Payne via both telephone and e-
mail messages. Although Attorney Payne
received these communications from S.D., he
never responded.
¶8 S.D. filed a grievance with the
Illinois ARDC. The ARDC then sent letters
to Attorney Payne and served a subpoena on
him in an attempt to investigate his conduct
and to obtain a refund of the fee on behalf
of S.D. Attorney Payne promised to return
the full retainer amount to S.D., but he
never did so. In addition, he failed to
communicate with the ARDC regarding its
requests for information and attempts to
resolve the matter on behalf of S.D.
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