Disciplinary Proceedings Against Farris
2004 WI 125, 276 Wis. 2d 13, 688 N.W.2d 231 (2004)
|
ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
|
|
|
1. PER CURIAM. This case is before this
court under SCR
22.12 on a stipulation between the parties,
Attorney Larry Farris and the Office of
Lawyer Regulation (OLR). The stipulation
consists of Attorney Farris's admission of
the facts and misconduct alleged by the OLR
and his agreement to the level of discipline
that the OLR is seeking.
|
|
|
2. We accept the stipulation and determine
that
the seriousness of Attorney Farris's
misconduct warrants the imposition of the
recommended 60-day license suspension.
|
|
|
3. Attorney Farris was admitted to the
practice
of law in Wisconsin in 1973. He has no prior
disciplinary history except for license
suspensions in 1985 and 1990 for
noncompliance with Continuing Legal
Education (CLE) requirements.
|
|
|
4. A third such license suspension on June
3,
2002, is at the heart of the current
proceeding. Attorney Farris sought
reinstatement on July 25, 2002, from that
suspension. He indicated in his petition
that he had only appeared in a small claims
matter during the period of suspension.
Shortly thereafter during a telephone
conversation with OLR personnel, he
similarly did not allude to any other acts
that would constitute the practice of law
during his suspension. However, OLR later
determined that during the period of
suspension Attorney Farris had actually
participated in 11 legal matters either by
making a court appearance or by signing
and/or filing court documents.
|
|
|
5. As a result of this misconduct, Attorney
Farris initially entered a
diversion/alternative to discipline program
under SCR 22.10 on September 20, 2002,
during which he was not to be practicing
law. However, OLR later determined that
during this program Attorney Farris had
actually participated in another 12 legal
matters. Attorney Farris was reinstated to
the practice of law on October 6, 2003.
During OLR's subsequent investigation of his
prior unauthorized practice he repeatedly
gave an incomplete report of its extent.
|
|
|
6. Attorney Farris and the OLR have
stipulated
that Farris committed the following
misconduct.
|
|
|
7. First, he violated SCR 31.10(1) by
engaging
in the practice of law while his state bar
membership was suspended for a CLE violation
which, in turn, is designated misconduct
under SCR 20:8.4(f).
|
|
|
8. Second, he violated SCR 20:8.4(c),
prohibiting conduct involving dishonesty,
fraud, deceit or misrepresentation, by
failing to disclose in his July 2002
petition for reinstatement the exact extent
of his prior unauthorized practice.
|
|
|
9. Third, he violated SCR 22.03(6),
prohibiting
a willful failure to provide information to
the OLR during an investigation which, in
turn, is designated misconduct under SCR
20:8.4(f).
|
|
|
10. The OLR submits that a 60-day
suspension is
appropriate. It notes there are similar
cases that range between a public reprimand
and a 90-day suspension. The OLR submits
this case is particularly similar to In re
Disciplinary Proceedings Against Grady,
2003 WI 144, 267 Wis. 2d 115, 671 N.W.2d
649, where a 90-day license suspension was
imposed because the attorney had improperly
practiced for two years. The OLR submits
that a shorter suspension here is
appropriate because the period of
unauthorized practice was less, Attorney
Farris has no prior discipline other than
CLE matters, and he has been remorseful and
apologetic. At the same time, the OLR
submits that a suspension of some length is
warranted because Attorney Farris is an
experienced attorney who should have been
aware of his professional obligations and
because the extent of his unauthorized
practice was not insignificant.
|
|
|
11. The parties advise the court that the
terms
of this stipulation were not bargained for
or negotiated between the parties. Attorney
Farris admits the facts and misconduct
alleged by the OLR and agrees to the level
of discipline that the OLR seeks. There is
no indication that he does not fully
understand the misconduct allegations, the
ramifications should the court impose the
stipulated level of discipline, his right to
contest the matter including consultation
with retained counsel, and that his entry
into this stipulation is knowing and
voluntary.
|
|
|
12. In conclusion, we accept the
stipulation of
the parties. Attorney Farris's misconduct
represents a serious failure to comply with
the specified Rules of Professional Conduct.
Furthermore, the level of discipline
requested by the OLR is appropriate for this
misconduct.
13. IT IS ORDERED that the license of
Attorney
Larry Farris to practice law in Wisconsin is
suspended for a period of 60 days, effective
November 30, 2004.
14. IT IS FURTHER ORDERED that Attorney
Larry
Farris comply with the provisions of SCR
22.26 concerning the duties of an attorney
whose license to practice law has been
suspended.
|
|
|