Disciplinary Proceedings Against Perez
2019 WI 99, 11/19/19 (2019)
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ATTORNEY disciplinary proceeding.
Attorney's license suspended.
¶1 PER CURIAM. We review Referee Kim
M. Peterson's report and recommendation that
the court declare Attorney Ricardo Perez in
default and suspend his license to practice
law in Wisconsin for a period of nine months
for professional misconduct in connection
with his representation of four clients.
The referee also recommended that Attorney
Perez pay the full costs of this proceeding,
which are $1,957.12 as of August 21, 2019.
¶2 Since no appeal has been filed, we
review the referee's report pursuant to
Supreme Court Rule (SCR) 22.17(2). After
reviewing the matter, we agree with the
referee that, based on Attorney Perez's
failure to answer the Office of Lawyer
Regulation's (OLR) complaint, the OLR is
entitled to a default judgment. We also
agree with the referee that a nine-month
suspension of Attorney Perez's law license
is an appropriate sanction for his
professional misconduct. Finally, we agree
that Attorney Perez should be required to
pay the full costs of this proceeding.
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¶3 Attorney Perez was admitted to
practice law in Wisconsin in 2000 and
practiced in Kenosha. On February 14, 2018,
Attorney Perez's Wisconsin law license was
suspended pursuant to SCR 22.03(4) due to
his willful failure to cooperate in an OLR
investigation. In October 2018, his law
license was suspended for failure to pay
state bar dues and failure to file a trust
account certification. Attorney Perez's
license was also administratively suspended
on June 5, 2019, for failure to comply with
continuing legal education reporting
requirements. His license remains
suspended.
¶4 The OLR filed a complaint against
Attorney Perez on March 25, 2019. The first
client matter detailed in the complaint
involved Attorney Perez's representation of
R.J., who hired Attorney Perez to represent
her in a personal injury case stemming from
her January 2015 fall at a drug store. The
initial attorney-client meeting occurred at
R.J.'s home. Attorney Perez gave R.J. a
document with his contact information and
information pertaining to the drug store.
Attorney Perez told R.J. to contact him when
she had finished her medical treatment.
¶5 R.J. left three or four messages for
Attorney Perez around December 2016 and
January 2017, but received no response. In
February 2017, R.J. sent Attorney Perez a
letter asking about the status of her case
and asking why he had not responded to her
calls. Attorney Perez failed to respond.
The February 2017 letter was the last
contact R.J. had with Attorney Perez.
¶6 R.J. filed a grievance with the OLR
against Attorney Perez. On September 19,
2017, the OLR sent a letter to Attorney
Perez by first class mail requesting his
written response to R.J.'s grievance by
October 12, 2017. The letter was sent to
Attorney Perez's last known place of
business as listed with the State Bar of
Wisconsin. Attorney Perez did not respond.
¶7 The OLR sent a second letter to
Attorney Perez, by first class and certified
mail, on October 27, 2017 asking for a
response to R.J.'s grievance by November 8,
2017. The certified letter was returned
marked "return to sender, unclaimed, unable
to forward." The first class letter was not
returned. Attorney Perez failed to respond.
¶8 On December 1, 2017, the OLR sent
Attorney Perez a third letter, which was
personally served on Attorney Perez on
December 11, 2017. The letter required
Attorney Perez to file a response to R.J.'s
grievance no later than seven days from the
date of service. Attorney Perez failed to
respond.
¶9 The OLR filed a motion asking this
court to order Attorney Perez to show cause
why his law license should not be
temporarily suspended due to his failure to
cooperate in the OLR's investigation.
Attorney Perez failed to respond to the
order to show cause, and on February 14,
2018, this court temporarily suspended
Attorney Perez's license to practice law in
Wisconsin.
¶10 The OLR's complaint alleged the
following counts of misconduct with respect
to Attorney Perez's representation of R.J.:
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Count One: By failing to take
prompt and diligent action on R.J.'s personal
injury claim, Attorney Perez violated SCR
20:1.3.
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Count Two: By failing to respond to
R.J.'s inquiries or otherwise keep her
informed as to case status, Attorney Perez
violated SCR 20:1.4(a)(3) and SCR 20:1.4(a)
(4).
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Count Three: By willfully failing
to respond to the OLR's attempt to
investigate R.J.'s grievance, Attorney Perez
violated SCR 22.03(2) and SCR 22.03(6),
enforceable via SCR 20:8.4(h).
¶11 The second client matter detailed in
the OLR's complaint involved Attorney
Perez's representation of L.H., who signed a
fee agreement with Attorney Perez for
representation in a personal injury case.
L.H. informed Attorney Perez, via voice
mail, that she had completed her medical
treatment on December 15, 2017. Attorney
Perez returned the phone call and said it
would be 60-90 days before L.H. would
receive a response to her claim. In
December 2017, at Attorney Perez's request,
L.H. provided him with a signed release for
medical records.
¶12 L.H. called Attorney Perez on
multiple occasions, but he failed to
respond. Attorney Perez failed to notify
L.H. that his law license had been suspended
on February 14, 2018, and he failed to
advise her to seek legal advice elsewhere.
Attorney Perez never provided L.H. with her
case file following termination of
representation due to the suspension of his
law license.
¶13 L.H. filed a grievance with the OLR
against Attorney Perez. On August 28, 2018,
the OLR sent Attorney Perez a letter via
first class mail to his last known address
requesting a written response to the
grievance by September 20, 2018. Attorney
Perez failed to respond. The OLR sent
Attorney Perez a second letter on October
10, 2018 requesting a written response
within seven days of service. Attorney
Perez was personally served with the letter
on October 22, 2018, but failed to respond
to it.
¶14 The OLR's complaint alleged the
following counts of misconduct with respect
to Attorney Perez's representation of L.H.:
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Count Four: By failing to take
prompt and diligent action on L.H.'s personal
injury claim, Attorney Perez violated SCR
20:1.3.
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Count Five: By failing to keep L.H.
informed about the status of her case and
respond to her requests for information,
Attorney Perez violated SCR 20:1.4(a)(3) and
(4).
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Count Six: By failing to provide
L.H. notice of his law license suspension, and
to advise L.H. to seek legal advice of her
choice elsewhere, Attorney Perez violated SCR
22.26(1)(a) and (b), enforceable via SCR
20:8.4(f).
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Count Seven: By failing to provide
L.H. with her case file materials after the
termination of his representation, Attorney
Perez violated SCR 20:1.16(d).
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Count Eight: By willfully failing
to provide the OLR with a response to L.H.'s
grievance, Attorney Perez violated SCR
22.03(2) and SCR 22.03(6), enforceable via
SCR 20:8.4(h).
¶15 The third client matter detailed in
the OLR's complaint arose out of Attorney
Perez's representation of C.H. In October
2016, C.H. entered into a contingent fee
agreement with Attorney Perez for
representation in a personal injury matter.
C.H. signed and returned a written fee
contract to Attorney Perez at his direction.
¶16 On October 18, 2016, Attorney Perez
emailed C.H. and requested a copy of the
police report in her case. C.H. informed
him via email the same day that she would
follow through with this request. Starting
in October 2016, C.H. began calling and
leaving email messages for Attorney Perez
asking for a status update on her case, but
he failed to respond.
¶17 C.H. terminated Attorney Perez's
representation effective March 11, 2017, via
an email she sent to him and also via a
certified letter. In her correspondence,
C.H. said she had been trying to contact
Attorney Perez for over a month and that she
had called him at least 20 times or more
without receiving any response. Attorney
Perez failed to respond to the email or the
certified letter. He never provided C.H.
with her case file materials following
termination of his representation.
¶18 In the summer of 2017, Attorney
Perez called C.H., apologized for the
delayed response to her emails and phone
calls, and falsely informed her that a
healthcare provider had never released her
medical records to him. C.H. subsequently
confirmed with the healthcare provider that
the records had in fact been released to
Attorney Perez.
¶19 C.H. filed a grievance with the OLR
against Attorney Perez. On September 6,
2018, the OLR sent Attorney Perez a letter
via first class mail to his last known
address provided to the State Bar of
Wisconsin asking for a written response to
the grievance by September 28, 2018.
Attorney Perez failed to respond.
¶20 On October 10, 2018, the OLR sent
Attorney Perez a second letter by first
class mail. He was also personally served
with the second letter on October 22, 2018.
Although the October 10th letter requested a
written response from Attorney Perez within
seven days of service, he failed to respond.
¶21 The OLR's complaint alleged the
following counts of misconduct with respect
to Attorney Perez's representation of C.H.:
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Count Nine: By failing to take
prompt and
diligent action on C.H.'s personal injury
claim, Attorney Perez violated SCR 20:1.3.
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Count Ten: By failing to keep C.H.
informed about the status of her case and
promptly respond to her inquiries as to case
status, Attorney Perez violated SCR 20:1.4(a)
(3) and (4).
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Count Eleven: By failing to provide
C.H. with her case file materials after the
termination of his representation, Attorney
Perez violated SCR 20:1.16(d).
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Count Twelve: By misrepresenting
case status information to C.H., Attorney
Perez violated SCR 20:8.4(c).
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Count Thirteen: By willfully
failing to provide the OLR with a response
to C.H.'s grievance, Attorney Perez violated
SCR 22.03(2) and SCR 22.03(6), enforceable
via SCR 20:8.4(h).
¶22 The fourth client matter detailed in
the OLR's complaint arose out of Attorney
Perez's representation of A.M. A.M. entered
into a contingent fee agreement with
Attorney Perez for representation in a
personal injury matter on December 27, 2015.
¶23 On August 15, 2016, A.M. emailed
Attorney Perez asking to meet in person and
asking that he "get this process going,"
since she was being pursued by bill
collectors for outstanding medical expenses
related to her injuries. Attorney Perez
failed to respond.
¶24 On March 1, 2017, A.M. emailed
Attorney Perez informing him that a customer
service representative for her treatment
provider confirmed they had not received a
request for her medical records from
Attorney Perez, despite Attorney Perez's
representation to A.M. that he had done so.
Attorney Perez failed to respond.
¶25 On March 7, 2017, A.M. emailed
Attorney Perez citing difficulty in
communicating with him and questioning why,
despite the fact that she concluded her
medical treatment six months earlier,
Attorney Perez had still not requested her
medical records from the treatment provider.
Attorney Perez failed to respond.
¶26 On March 14, 2017, A.M. emailed
Attorney Perez saying, "After another week
of no communication from you, I no longer
wish to seek your representation. I need
you to definitely acknowledge receipt of
this note, so that I can move forward with
my insurance company." Attorney Perez
failed to respond.
¶27 On May 12, 2017, Attorney Perez
emailed A.M. saying he had sent her medical
records to the insurer "last week," and he
expected to hear from the insurer within
four to six weeks. In fact, he had not sent
the medical records to the insurer.
¶28 On July 25, 2017, Attorney Perez
emailed A.M. saying that the following day
he would send a claim notice via certified
mail to the insurer seeking a response
within 30 days. The claim notice was never
sent.
¶29 On August 17, 2017, A.M. emailed
Attorney Perez seeking an update about her
case. Attorney Perez responded the same
day, stating he had previously sent the
claim notice and the 30-day response was due
the following day. On August 21, 2017,
Attorney Perez emailed A.M. saying he had
still not received a response to the claim
notice. In fact, the claim notice had never
been sent.
¶30 On September 12, 2017, A.M. emailed
Attorney Perez for an update on her case.
Attorney Perez failed to respond. On
October 1, 2017, A.M. emailed Attorney Perez
and informed him to take no further action
on her case. She demanded that he return
her file with 14 days. She emailed him
again on October 10, 2017 reiterating her
October 1, 2017 message, but Attorney Perez
failed to respond.
¶31 A.M. subsequently received
confirmation from the insurer that Attorney
Perez never submitted a claim notice. On
October 21, 2017, A.M. again emailed
Attorney Perez seeking the return of her
file within seven days and telling him to
stop all work on her case other than to
inform the insurer within 72 hours that he
no longer represented her. Attorney Perez
did not respond.
¶32 A.M. filed a grievance against
Attorney Perez with the OLR. On May 31,
2018, the OLR sent Attorney Perez a letter
requesting a written response to the
grievance by June 25, 2018. Attorney Perez
failed to respond.
¶33 On July 9, 2018, the OLR sent
Attorney Perez a second letter requesting a
written response by July 19, 2018. Attorney
Perez failed to respond.
¶34 The OLR attempted personal service
of A.M.'s grievance at the address Attorney
Perez had provided to the State Bar of
Wisconsin, at which the OLR had previously
been successful in personally serving him.
This time, despite several attempts,
Attorney Perez could not be personally
served.
¶35 The OLR's complaint alleged the
following counts of misconduct with respect
to Attorney Perez's representation of A.M.:
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Count Fourteen: By failing to
diligently advance A.M.'s personal injury
claim, Attorney Perez violated SCR 20:1.3.
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Count Fifteen: By failing to keep
A.M. reasonably informed about the status of
her case and promptly respond to reasonable
requests for information about her case,
Attorney Perez violated SCR 20:1.4(a)(3) and
(4).
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Count Sixteen: By misrepresenting
case status information to A.M., Attorney
Perez violated SCR 20:8.4(c).
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Count Seventeen: By failing to
provide A.M. with her file after the
termination of representation or inform the
insurer of the termination of his
representation, Attorney Perez violated SCR
20:1.16(d).
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Count Eighteen: By failing to
respond to the OLR's written request for a
response to A.M.'s grievance, Attorney Perez
violated SCR 22.03(2), enforceable via SCR
20:8.4(h).
¶36 In addition to the four client
matters detailed in the OLR's complaint, the
complaint also alleged that Attorney Perez
practiced law following his February 14,
2018 license suspension.
¶37 In late January 2018, prior to the
temporary license suspension, Attorney Perez
had entered written not guilty pleas for a
client in four separate but related traffic
cases in Milwaukee County Circuit Court.
The initial appearance for each case was
scheduled for March 21, 2018. On that date,
after his law license had been suspended,
Attorney Perez appeared in circuit court for
the initial appearance on the four cases.
Due to the unavailability of the district
attorney's office, the initial appearance
for all cases was rescheduled to March 30,
2018.
¶38 On March 30, 2018, Attorney Perez
appeared in circuit court with his client.
Three of the four cases were dismissed. A
finding of guilt was entered on the
remaining case, and penalties were imposed.
Attorney Perez failed to notify his client,
opposing counsel, or the court that his law
license had been suspended.
¶39 The OLR commenced a formal
investigation of Attorney Perez's practice
of law while suspended. On May 23, 2018,
the OLR sent Attorney Perez a letter via
first class mail requesting a written
response by June 15, 2018. Attorney Perez
failed to respond.
¶40 On July 9, 2018, the OLR sent
Attorney Perez a second letter requesting a
written response by July 19, 2018. Attorney
Perez failed to respond. The OLR attempted
personal service at the address Attorney
Perez provided to the State Bar of Wisconsin
but was unsuccessful in personally serving
him.
¶41 The OLR's complaint alleged the
following counts of misconduct with respect
to Attorney Perez's practice of law while
his license was temporarily suspended:
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Count Nineteen: By failing to
notify his client, opposing counsel, or the
court that his law license had been
temporarily suspended, Attorney Perez violated
SCR 22.26(1)(a), (b), and (c), enforceable via
SCR 20:8.4(f).
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Count Twenty: By appearing in
Milwaukee County Circuit Court on March 21 and
30, 2018, following his temporary suspension,
Attorney Perez violated SCR 22.26(2),
enforceable via SCR 20:8.4(f).
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County Twenty One: By failing to
respond to the OLR's written request for a
response to the allegation that he practiced
law while suspended, Attorney Perez violated
SCR 22.03(2), enforceable via SCR
20:8.4(h).
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¶42 The referee was appointed on May 9,
2019. On June 10, 2019, the OLR filed a
notice of motion and motion for default
judgment. An affidavit of OLR's assistant
litigation counsel Thomas J. Laitsch averred
that on April 16, 2019, the OLR had filed an
affidavit of attempted service of the
complaint on Attorney Perez. The affidavit
stated that the OLR served Attorney Perez
pursuant to SCR 22.13(1) by sending
authenticated copies of the complaint and
order to answer by certified mail to the
most recent address furnished by Attorney
Perez to the State Bar of Wisconsin and that
Attorney Perez failed to file an answer to
the complaint.
¶43 On August 2, 2019, the referee
issued a report recommending that this court
grant the OLR's motion for default judgment.
The referee found that service upon Attorney
Perez had been accomplished pursuant to SCR
22.13(1).
¶44 Based upon Attorney Perez's failure
to file an answer or otherwise appear in the
proceeding, the referee recommended that he
be declared to be in default. The referee
found that the factual allegations of the
OLR's complaint should be taken as true and
proven by clear, satisfactory, and
convincing evidence. The referee
recommended a nine-month suspension of
Attorney Perez's Wisconsin law license and
the imposition of the full costs of the
proceeding.
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¶45 Attorney Perez did not appeal from
the referee's report and recommendation, so
we proceed with our review of the matter
pursuant to SCR 22.17(2). We review a
referee's findings of fact subject to the
clearly erroneous standard. See In re
Disciplinary Proceedings Against
Eisenberg, 2004 WI 14, ¶5, 269 Wis. 2d 43,
675 N.W.2d 747. We review the referee's
conclusions of law de novo. Id. We
determine the appropriate level of
discipline independent of the referee's
recommendation. See In re
Disciplinary Proceedings Against Widule,
2003 WI 34, ¶44, 261 Wis. 2d 45, 660 N.W.2d
686.
¶46 We agree with the referee that
Attorney Perez should be declared in
default. In addition, the referee
appropriately relied upon the allegations of
the complaint, which were deemed admitted by
Attorney Perez's failure to answer. Thus,
we agree with the referee that the factual
allegations of the OLR's complaint may be
taken as true and proved by clear,
satisfactory, and convincing evidence that
Attorney Perez committed all of the counts
of misconduct alleged in the complaint.
¶47 With respect to the appropriate
discipline, upon careful review of the
matter, we agree with the referee's
recommendation for a nine-month suspension
of Attorney Perez's license to practice law
in Wisconsin. Although no two disciplinary
proceedings are identical, a nine-month
suspension is generally consistent with the
sanction imposed in In re Disciplinary
Proceedings Against Cavendish-Sosinski,
2004 WI 30, 270 Wis. 2d 200, 676 N.W.2d 887
(attorney's license suspended for nine
months for 25 counts of misconduct involving
nine clients. As in this case, the attorney
defaulted by not answering the complaint.
As here, the attorney had no prior
disciplinary history). This case is also
somewhat analogous to In re Disciplinary
Proceedings Against Hansen, 2009 WI 56,
318 Wis. 2d 1, 768 N.W.2d 1 (attorney's
license suspended for nine months for 28
counts of misconduct involving four separate
matters); and In re Disciplinary
Proceedings Against Nott, 2003 WI 17, 260
Wis. 2d 4, 658 N.W.2d 438 (attorney's
license suspended for nine months for
multiple counts of misconduct involving
three clients).
¶48 We also agree with the referee's
recommendation that Attorney Perez be
required to pay the full costs of this
proceeding. The OLR does not seek
restitution, and we do not impose a
restitution award.
¶49 IT IS ORDERED that the license of
Ricardo Perez to practice law in Wisconsin
is suspended for a period of nine months,
effective the date of this order.
¶50 IT IS FURTHER ORDERED that within 60
days of the date of this order, Ricardo
Perez shall pay to the Office of Lawyer
Regulation the costs of this proceeding,
which are $1,957.12 as of August 21, 2019.
¶51 IT IS FURTHER ORDERED that, to the
extent he has not already done so, Ricardo
Perez shall comply with the provisions of
SCR 22.26 concerning the duties of an
attorney whose license to practice law has
been suspended.
¶52 IT IS FURTHER ORDERED that
compliance with all conditions with this
order is required for reinstatement. See
SCR 22.29(4).
¶53 IT IS FURTHER ORDERED that the
temporary suspension of Ricardo Perez's
Wisconsin law license imposed on February
14, 2018 is hereby lifted.
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