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Wisconsin Attorneys' Professional Discipline Compendium
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Public Reprimand of Edward J. Ritger
2005-1
Respondent, Attorney Edward J. Ritger, 57, practices in Random Lake, Wisconsin. Respondent had been the attorney for a man and his wife since about 1984. The man died in January 2001, and his will provided that his son and his wife, the son’s stepmother, act as co-personal representatives for his estate. Respondent, the son and the stepmother met in early April 2003 to discuss probating the man’s estate. Respondent, acting as the attorney for the estate, filed a Petition for Administration and had the will admitted to probate on April 23, 2001. Respondent represented the estate, and the son and stepmother in their capacities as co- personal representatives of the estate.
In a May 4, 2001 letter, Respondent told the son a “discrepancy” existed because, although his father’s Marital Agreement with his stepmother provided that she receive all life insurance proceeds, the son had been listed as a beneficiary and received the proceeds from one of his father’s life insurance policies. The letter proposed that the son give the stepmother from estate assets an amount equivalent to the life insurance proceeds he had received. In the May 4, 2001 letter, Respondent emphasized that the stepmother was his client and he advised the son to get separate legal advice with respect to “matters which may involve a conflict of interest.” Nevertheless, Respondent stated, “I am, however, willing to complete the probate paperwork at [stepmother’s] expense because the Marital Agreement requires [stepmother] to pay for that expense.” Estate matters and potential resolution of issues between the stepmother and the son were discussed at a meeting and in further correspondence in late June and early July 2001. In a July 9, 2001 letter, Respondent reiterated his expectation that the son would seek separate legal counsel.
On August 6, 2001, the deadline for filing claims, Respondent filed a claim against the estate on behalf of the stepmother for the life insurance proceeds allegedly due her. The son said he did not learn of the claim until 2003. Respondent cannot confirm that he sent a copy of the claim to the son, but said he thought the son was monitoring the estate on the Internet and was aware of the claim.
Consolidated Court Automation Program (CCAP) records indicate no activity in the estate after August 6, 2001 until a Notice of Overdue Inventory was filed on June 12, 2002. Respondent subsequently filed a petition to extend the time to file the inventory, and the general inventory was filed on October 14, 2002. CCAP records show no further activity after the general inventory was filed until the court sent a Notice of Delinquent Estate to the co- personal representatives on June 11, 2003. Subsequently, on July 1, 2003, Respondent requested a scheduling conference due to the stepmother’s unresolved claim.
The son actively involved his attorney sometime in the spring of 2003 to assist him in concluding his father’s estate. That attorney’s associate sent an April 14, 2003 letter to Respondent asking for information about the stepmother’s claim. Respondent responded to the April 14, 2003 letter by letter dated July 1, 2003.
On August 8, 2003 a scheduling conference was held and a CCAP notation reads, “Respondent is removed as Attorney on the case and as Attorney for claimant.” The order to remove Respondent as attorney for the co-personal representatives, the estate and attorney for claimant was filed on September 10, 2003. The son’s attorney, retained by the son in his capacity as co- personal representative, entered an appearance as attorney for the estate on October 23, 2003. Subsequently, the stepmother retained successor counsel to represent her in her claim against the estate, both the son and the stepmother resigned as co-personal representatives, and a different attorney was appointed personal representative.
Respondent indicated that some of the delay in processing the estate was due to the fact that he developed health problems in the fall of 2002 and had surgery in January 2003, from which he was recovering into the spring of 2003.
By representing an estate and its co- personal representatives at the same time that he represented one of the co-personal representatives personally as a claimant against the estate, Respondent violated SCR 20:1.7(a), which states:
A lawyer shall not represent a client if the representation of that client will be directly adverse to another client, unless:
(1) the lawyer reasonably believes the representation will not adversely affect the relationship with the other client; and
(2) each client consents in writing after consultation.
By failing to advance the interests of a man’s estate between August 6, 2001 when a claim was filed against the estate, and September 10, 2003 when he was removed as attorney for the estate, and in particular, by failing to do so between the filing of the general inventory in October 2002 and the notice of delinquent estate in June 2003, Respondent violated SCR 20:1.3, which states, “A lawyer shall act with reasonable diligence and promptness in representing a client.”
By failing to keep the son, one of the co- personal representatives, reasonably informed about the status and progress of the estate proceedings between July 2001 and June 2003, and in particular, by failing to notify the son about the claim filed against the estate in August 2001, Respondent violated SCR 20:1.4(a), which states, “A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.”
Respondent has prior discipline. In 1996 Respondent received a private reprimand for misconduct in connection with his representation of a client in a real estate matter and from his failure to cooperate in the investigation of the matter. In that matter, Respondent was found to have violated SCR 20:1.3, SCR 20:1.4(a), and also SCR 21.03(4) and SCR 22.07(2), two former rules governing cooperation in an investigation. In 2003 Respondent was privately reprimanded for communication with a represented party, contrary to SCR 20:4.2.
In accordance with SCR 22.09(3), Attorney Ritger is hereby publicly reprimanded.
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