OLR Compendium > Public Reprimand of Gregory Rogaczewski

Public Reprimand of Gregory Rogaczewski

2012-OLR-4

Attorney Rogaczewski graduated from law school in 1974 and practices probate, guardianship, bankruptcy and family law. In 2009, he received a private reprimand.

BF died in August 2007. His friends were directed to Attorney Rogaczewski. In September 2007, BF’s friends delivered BF’s property, which included a Tupperware container of documents and personal effects and $7,015.36 in cash. Attorney Rogaczewski received this property.

In September and October of 2007, Attorney Rogaczewski communicated with several parties regarding BF’s estate. He did not, however, file a probate petition. In March 2008, Attorney Rogaczewski requested assistance from a genealogical company to identify living relatives. On April 10, 2008, he received contact information for two relatives, including the wife of the grievant. He did not, however, contact either of the relatives.

In the summer of 2008, the grievant, FD, and his wife, MD, learned of BF’s death and contacted Attorney Rogaczewski. Attorney Rogaczewski informed FD and MD that he had BF’s property. FD and MD reported that Attorney Rogaczewski informed them he would do what needed to be done to transfer the property. As a result of the conversation, FD and MD reasonably believed that Attorney Rogaczewski was their lawyer.

In September 2008, FD again spoke with Attorney Rogaczewski. Thereafter, MD sought information from Attorney Rogaczewski without success. She left messages with Attorney Rogaczewski on February 4, 2009, April 4, 2009, April 21, 2009, May 12, 2009, May 19, 2009, June 9, 2009, and June 15, 2009, and April 14, 2010; and she wrote to him on August 29, 2009. In addition, FD left phone messages with Attorney Rogaczewski on August 25, 2009, and April 10, 2010. Attorney Rogaczewski did not respond to these calls and letters or otherwise provide information to FD and MD. On November 24, 2010, FD filed a grievance with OLR.

During the course of the investigation, FD and MD signed an agreement to have Attorney Rogaczewski represent them in administering the estate. On August 24, 2011, Attorney Rogaczewski filed a petition for special administration. Attorney Rogaczewski informed the district committee investigator that he would not charge FD and MD a fee for handling the estate.

By receiving BF’s property and thereafter failing to file for administration of the estate for four years, Attorney Rogaczewski violated SCR 20:1.3, which states, “A lawyer shall act with reasonable diligence and promptness in representing a client.”

By failing to provide FD and MD information regarding the processing of the estate of BF and by failing to respond to requests for information from FD and MD from February 2009 to November 2010, Attorney Rogaczewski violated SCR 20:1.4(a)(3), which states “A lawyer shall: (3) keep the client reasonably informed about the status of the matter,” and SCR 20:1.4(a)(4), which states, “A lawyer shall (4) promptly comply with reasonable requests by the client for information.”

By receiving property of BF’s estate; and upon learning in April 2008 that MD had an interest in BF’s property, but not notifying MD until MD had contacted him on her own initiative in the summer of 2008, Attorney Rogaczewski violated SCR 20:1.15(d)(1), which states, “Upon receiving funds or other property in which a client has an interest, or in which the lawyer has received notice that a 3rd party has an interest identified by a lien, court order, judgment, or contract, the lawyer shall promptly notify the client or 3rd party in writing. Except as stated in this rule or otherwise permitted by law or by agreement with the client, the lawyer shall promptly deliver to the client or 3rd party any funds or other property that the client or 3rd party is entitled to receive.”

As a condition to this reprimand, Attorney Rogaczewski agrees to complete the processing of the estate without receiving a fee.