Sometime in 1989, Attorney Roger Sage was retained by a client to render legal services, including eviction actions. In September of 1990, Attorney Sage filed an eviction against one of the tenants on behalf of the client. When Sage filed the eviction matter, he issued a trust account check for the filing fee. There was, however, no money on deposit in Sage's trust account for the client at the time the check was issued.

Landlord/Tenant LawThe client and the tenant subsequently reached an agreement whereby the tenant would pay $1,000 towards his rental arrearages and would pay an extra $50 per month in rent to be applied to the balance of arrearages remaining. In October 1990, pursuant to the agreement reached with the client, the tenant paid $1,000 to Attorney Sage's office, and the $1,000 was deposited into Attorney Sage's trust account. While the $1,000 deposit was noted in the description portion of the client's subsidiary ledger, the amount failed to be recorded in the client's balance of account. The client was aware of the deposit, but Attorney Sage sent the client no written notice that the money had been received.

In May of 1992, the client noted that the tenant with whom they had set up a payment agreement had not been making his payments in accordance with his lease and subsequent agreement with the client. The client asked Attorney Sage to pursue another eviction action against the tenant. Attorney Sage advanced the service fee for the eviction matter out of his trust account, and the tenant was served with a notice to terminate tenancy. Upon receipt of the notice, the tenant contacted the client to advise that he had paid Attorney Sage $1,000 as part of the earlier agreement and that the $1,000 payment was not reflected in the balance owed to the client. The client subsequently determined that Attorney Sage's office was still holding the $1,000 that Sage had received from the tenant in October 1990, and requested that Attorney Sage send the money to them. In July 1992, Attorney Sage sent the $1,000 to the client.

The tenant subsequently filed a grievance with the Board alleging that Attorney Sage failed to forward the tenant's payments to the client in February 1991, when the initial eviction matter was concluded. During the course of the Board's investigation, a review of Attorney Sage's trust account records disclosed that from time to time, there were negative balances on account for some clients, including the client in this matter, even though the cumulative balance for the trust account never showed a negative balance. The records also disclosed that Attorney Sage had personal funds on deposit in the trust account. Attorney Sage also did not complete monthly reconciliation statements pertaining to his trust account.

Attorney Sage explained that when he opened the trust account, he had deposited personal funds into the account and from time to time deposited additional personal funds to maintain the account. According to Attorney Sage, for some clients he would advance costs for filing and service fees out of his personal funds on deposit in the trust account. Then, when money was collected an behalf of a client or when a client paid a bill, Attorney Sage would deposit the funds back into the trust account to reimburse himself for any costs previously advanced and deposit fees into his office account.

The Board concluded that there was no dishonest conduct on the part of Attorney Sage. The Board did, however, determine that in keeping personal funds on deposit in his trust account and in advancing costs from said personal funds; Attorney Sage commingled funds and failed to hold in trust, separate from his own property, the property of clients that were in his possession in connection with a representation, contrary to SCR 20:1.15(a).

SCR 20:1.15(a)The Board also found that in failing to immediately notify the client in writing that he had received $1,000 from the tenant in accordance with the payment agreement between the tenant and the client and in subsequently failing over one and one-half years to deliver the $1,000 to the client, Attorney Sage failed, upon receiving funds or other property in which a client or third person had an interest, to notify the client in writing of the receipt of such funds and failed to promptly deliver such funds to the client, contrary to SCR 20:1.15(b).

The Board further found that in failing to keep monthly trust account reconciliation statements, Attorney Sage failed to maintain complete records of trust account funds, contrary to SCR 20:1.15(e).

In evaluating the appropriate sanction for these disciplinary violations, the Board noted that Attorney Sage was very cooperative during the Board's investigation of this matter and acknowledged his misconduct. The Board also noted that Attorney Sage is in the process of maintaining appropriate records and has not been the subject of any prior discipline.

In accordance with SCR 21.09(2) the Board of Attorneys Professional Responsibility does hereby publicly reprimand Attorney Roger Sage of Madison.