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The Respondent, Attorney Michael S. Murphy
(Murphy) was admitted to the practice of law
in Wisconsin on September 6, 2005, and
practices in Janesville, Wisconsin.
On or about November 27, 2017, a defendant
in several criminal matters hired Murphy to
provide legal representation. The client
paid Murphy advanced fees totaling at least
$1,500 for his representation. There was no
written fee agreement for Murphy’s
representation of the client.
In a March 1, 2018 letter to the client,
Murphy provided the Judgments of Conviction
and described his calculation of the
sentence credit the client received in
particular cases.
On March 19, 2018, the client was sentenced
to two years of initial confinement followed
by two years of extended supervision in a
case. At the sentencing hearing on March
19, 2018, the Judge stated, “I am going to
find him eligible for the Challenge
Incarceration Program, Mandatory Release
Program, as well as the Substance Abuse
Program, to the extent these are otherwise
available to him.”
In the Judgment of Conviction After
Revocation of Probation in the case, the
appropriate box for eligibility to
participate in the Substance Abuse Program
was not checked. In a Department of
Corrections (DOC) Information Request sheet
dated May 25, 2018, the client stated “My
Lawyer is suppose to get JOC fixed.” In the
Information Requested section, a DOC
employee responded to the client by stating,
“If the JOC gets changed then we can look at
it. So it is possible. We need release
dates first and the amended JOC.”
In a June 13, 2018 letter to the Judge, a
Corrections Sentencing Associate-Senior
stated, “Pursuant to Wis. Admin. Code DOC §
302.22, we are requesting that the Court
review the sentence credit granted during
the sentencing after revocation hearing for
the Judgment of Conviction (JOC).” The
Corrections Sentencing Associate-Senior
further stated, “We believe [the client] is
entitled to receive additional credit.”
On June 29, 2018, even though represented by
Murphy, the client filed a pro se Motion for
Sentence Credit and for Amended Judgment of
Conviction in two cases. In the motion, the
client stated, “When I was sentenced the
Judge told my lawyer to figure out my time
and he would fix my JOC.”
On June 29, 2018, the client also filed a
pro se Request for Sentence
Modification/Resentence in another case. On
July 23, 2018, Murphy filed a Motion Re
Sentence Credit in three of the clients’
cases. On July 30, 2018, Murphy filed his
Affidavit of Counsel. In his Affidavit,
Murphy stated, “That, upon review of the
within Matters, it appears that the
Defendant is entitled to additional sentence
credit.” Murphy’s Affidavit did not set
forth the basis for the sentence credit or
any other supporting facts.
On August 1, 2018, Murphy filed a Motion for
Sentence Credit in another case.
At a motion hearing held on August 10, 2018,
the court amended the Judgments of
Conviction with regard to sentence credit in
four cases as follows: 365 days instead of
396; 212 days instead of 31; 13 days instead
of zero; and 93 days instead of zero.
On August 22, 2018, a Stipulation and Order
Re: Sentence Credit in another case was
filed. In the Order, the court ordered,
“The within Judgment of Conviction shall be
amended to reflect that the Defendant is
entitled to 354 days of Sentence Credit on
Count 3, and 113 days of Sentence Credit on
Count 4.” In the same case, on October 11,
2018, the Judgment of Conviction was amended
to reflect the client’s eligibility for the
Substance Abuse Program pursuant to
stipulation between Murphy and the District
Attorney.
On January 7, 2019, the client was scheduled
to receive a telephone call from Murphy at
the Correctional Institution. Murphy did
not call the client. On January 24, 2019,
the client was scheduled to receive a
telephone call from Murphy at the
Correctional Institution. Again, Murphy did
not call the client.
On or about, January 30, 2019, the client
hired new counsel. Successor counsel
identified the error that the appropriate
box for Substance Abuse Program eligibility
was not checked on the Judgment of
Conviction. On or about, January 31, 2019,
the client’s successor counsel filed a
motion to amend the Judgment of Conviction
to correct the error.
On January 31, 2019, a Stipulation and Order
to Amend Judgment of Conviction was filed in
the client’s case. The stipulation and
order stated, “That the original sentence
has been frustrated because the Judgment of
Conviction did not reflect defendant’s
ability to participate in Substance Abuse
Programming while in the Wisconsin State
Prison System.” The stipulation and order
further stated, “Had the defendant been
eligible to participate, the period of
initial confinement would have been
shortened and defendant likely would have
been released several months prior to the
date of this stipulation.” Based on these
circumstances the parties stipulated to a
sentence modification.
On February 1, 2019, the day after successor
counsel corrected the error, the client was
released from confinement.
On December 20, 2019, the client and his
wife, through counsel, filed a summons and
complaint alleging legal malpractice against
Murphy. Murphy’s insurance company was also
a named defendant.
In the complaint, the client stated,
“Murphy’s negligent acts and omissions
spread over several matters all relating to
the computation of sentencing and the
failure to correct an erroneous
calculation.”
On or about August 26, 2020, the parties
settled the legal malpractice action.
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