In April of 1997, Atty. Hans Karel Ribbens left the law firm in which he was an associate and opened a solo law practice. Two months later, Ribbens received two public defender checks, totaling $336, for work he had done while still employed at his former law firm. Although the checks belonged to the law firm, Ribbens deposited the funds into a personal account and did not notify the law firm of their receipt. Four months later, after Ribbens' former law firm independently learned about the public defender payments and had filed a grievance with the Board of Attorneys Professional Responsibility, Ribbens reimbursed the firm. By taking fee payments that belonged to his former law firm, Atty. Ribbens engaged in conduct involving dishonesty, fraud, deceit or misrepresentation, contrary to SCR 20:8.4(c).

The reimbursement check that Ribbens gave his former law firm was written on Ribbens' client trust account, even though the public defender checks had been deposited into a personal account. A resulting investigation revealed that Ribbens had also engaged in the following misconduct related to his trust account:

· By depositing personal funds into his client trust account, and by writing checks on his client trust account that were personal in nature, Atty. Ribbens co-mingled personal and client funds, contrary to SCR 20:1.15(a).

· By failing, from April, 1997 through March, 1998, to create and maintain complete records of transactions in his trust account, and by failing to maintain records identifying the source of or purpose of 15 checks Ribbens wrote to himself on the trust account, Atty. Ribbens failed to keep the trust account records required under SCR 20:1.15(e).

· By certifying on his 1997 State Bar dues statement that he had complied with each of the record-keeping requirements of SCR 20:1.15(e) when he had not, Atty. Ribbens violated SCR 20:1.15(g).

· By failing to deposit advance payments of fees and other client funds into a client trust account, Ribbens violated SCR 20:1.15(a), which provides that all funds of clients paid to a lawyer shall be deposited in one or more identifiable trust accounts, and SCR 20:1.15(d), which says that when, in the representation, a lawyer is in possession of property in which both the lawyer and another person claim interests, the property shall be treated by the lawyer as trust property until there is an accounting and severance of their interests.

· By providing inaccurate information to BAPR staff about his handling of a client's funds and the source of a deposit to his business account, Atty. Ribbens violated SCR 22.07(2) which provides that misrepresentation in a disclosure to the Board is misconduct.

· By neglecting for five months to pay transfer and recording fees out of funds that were on deposit in his trust account, Atty. Ribbens failed to act with reasonable diligence and promptness in representing a client, in violation of SCR 20:1.3, and failed to promptly deliver to a third person trust funds that the third person was entitled to receive, contrary to SCR 20:1.15(b).

In addition, Atty. Ribbens neglected to file a deed for five months, contrary to SCR 20:1.3, and had a conflict of interest when he billed both buyers and the seller in a real estate transaction without disclosing any potential conflict and obtaining written consent, contrary to SCR 20:1.7(a).

The seriousness of the above violations was mitigated, in part, by the fact that Ribbens had graduated from law school just two years before opening his sole practice and had no experience in handling a trust account. Furthermore, no client ever filed a complaint, and there was no evidence that any client was deprived of their funds. Finally, Ribbens has demonstrated that he is now creating and maintaining appropriate trust account records and is no longer co-mingling personal and client funds. The Board of Attorneys Professional Responsibility determined, therefore, that Ribbens should be publicly reprimanded for his misconduct on the condition that, for a period of two years, he submit quarterly trust account records for review by Board staff.

In accordance with SCR 21.09(2), therefore, the Board of Attorneys Professional Responsibility does hereby publicly reprimand Atty. Hans Karel Ribbens for his violations of SCR 20:1.3; 20:1.7(a); 20:1.15(a), (b), (d), (e) and (g); 20:8.4(c); and 22.07(2). Atty. Ribbens will hereinafter submit, no later than April 15, July 15, September 15 and December 15 of the calendar years 1999 and 2000, complete records of his client trust account for the prior three months for the inspection of Board staff.