Public Reprimand of Scott F. Anderson
2004-5
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This reprimand is based upon Atty. Scott F.
Anderson’s misconduct in three matters.
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In the first matter, Anderson agreed to
represent a couple in pursuing a personal
injury action against police. Anderson made
initial efforts to pursue the matter and
assured the couple that he would file suit.
However, once the couple moved out of state,
Anderson did not pursue the claim further
and did not respond to their telephone calls
seeking information. Anderson’s failure to
communicate with his clients violated SCR
20:1.4(a). Anderson decided that there was
an insufficient basis to pursue the claim,
but failed to inform his clients of his
opinion. The clients did not learn that
Anderson would not be filing suit until
after the statute of limitations had run.
Anderson’s conduct constituted neglect in
violation of SCR 20:1.3. Further,
Anderson’s failure to advise his clients of
his legal opinion that their case lacked
merit so that they had the opportunity to
seek other counsel or pursue the
matter pro se violated SCR 20:1.4(b) in
that Anderson failed to explain the matter
to the extent necessary to permit his
clients to make informed decision regarding
the representation.
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In the second matter, Anderson represented a
client in a personal injury action to
recover damages suffered as a result of an
attack by a dog. The suit was filed in
Georgia, where the incident occurred. The
Georgia court admitted Anderson to practice
before it for the client’s case. Anderson
failed to timely respond to discovery
requests and, as a result, was ordered by
the court to retain local counsel. Anderson
did not comply with the court’s order.
Based upon Anderson’s failure to comply with
its order to associate with local counsel,
the court removed Anderson as attorney for
the plaintiff and dismissed the claim
against one of the defendants, without
prejudice. Anderson’s conduct constituted
neglect in violation of SCR 20:1.3 and
failure to obey an obligation under the
rules of a tribunal, in violation of SCR
20:3.4(c).
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In the third matter, the State Public
Defender (SPD) appointed Anderson to
represent a man in an appeal of his
probation revocation. Anderson filed a writ
of certiorari in circuit court. The court
established a briefing schedule. When his
brief was due, Anderson requested an
extension of time to file, but then failed
to meet the deadline. The State moved to
dismiss for lack of prosecution. Anderson
did not file a response to the State’s
motion. The court granted the motion and
dismissed the writ. Anderson’s failure to
file the brief and failure to respond to the
State’s motion constituted a lack of
diligence in violation of SCR 20:1.3.
Anderson did not inform his client of the
dismissal or respond to the client’s
requests for information regarding the
status of the writ. When the client learned
that the writ had been dismissed, he
requested that Anderson return the
revocation hearing transcript to him.
Anderson did not respond to the client, but
turned his file over to the SPD. Anderson’s
failure to communicate with his client and
respond to his requests for information
violated SCR 20:1.4(a).
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Anderson received a private reprimand in
August of 1999 for similar misconduct. The
reprimand resulted from Anderson’s neglect
of a client’s false imprisonment claim.
Anderson failed to file suit in the matter
and did not inform his client that no
lawsuit had been filed.
In accordance with SCR 22.09(3), Atty. Scott
F. Anderson is hereby publicly reprimanded.
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