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¶4 Attorney Anderson was admitted to
practice law in Wisconsin in 1985. He
practices in Milwaukee. He has been subject
to professional discipline on three previous
occasions.
¶5 In November 2007 the OLR filed a
three-count disciplinary complaint against
Attorney Anderson alleging a lack of
diligence and failures in communication with
his former client, E.T., Jr. E.T. had been
charged with three felony drug offenses and
felon in possession of a firearm in
Milwaukee County circuit court. As a result
of these charges, U.S. Department of Justice
Drug Enforcement Administration (DEA) agents
seized over $48,000 from E.T.'s residence
and bank accounts. In March 2005 E.T.
retained Attorney Anderson to provide legal
services for his defense related to the
criminal prosecution and seizure of his
assets.
¶6 In May 2005 the Milwaukee County
prosecutor wrote Attorney Anderson offering
to settle E.T.'s pending criminal charges.
Attorney Anderson did not provide a copy of
the letter to E.T. nor did he discuss with
E.T. the possibility of federal charges
arising from the same circumstances.
¶7 At Attorney Anderson's request, the
Milwaukee County circuit court scheduled a
suppression motion hearing for July 15,
2005, and directed Attorney Anderson to file
E.T.'s brief in support of the motion by
July 1, 2005. E.T. was confined to jail and
was not present in court during Attorney
Anderson's scheduling discussion. Between
June 2, 2005, and July 14, 2005, Attorney
Anderson did not file any documents
pertaining to E.T.'s case nor discuss with
him any defense strategies. Also, Attorney
Anderson performed no research on the
suppression motion until July 12, 2005; he
did not prepare the motion until July 14,
2005, and did not file the motion or serve a
copy on the prosecutor until July 15, 2005.
Attorney Anderson never provided E.T. with a
copy of the motion. Due to the late filing,
the court adjourned the suppression hearing
until September 26, 2005.
¶8 Because E.T. remained in jail, he
was not in court on July 15, 2005, and
Attorney Anderson did not advise E.T. what
had occurred during the hearing. In August
2005 E.T. wrote to Attorney Anderson
expressing concern with the lack of contact
and failure to communicate the outcome of
the July 15, 2005, hearing. E.T. requested
to see Attorney Anderson immediately.
¶9 Attorney Anderson did not respond to
E.T.'s letter and did not contact him
between August 5, 2005, and September 29,
2005. On September 20, 2005, Attorney
Anderson filed a notice of motion and motion
to adjourn the September 26, 2005,
suppression hearing. The court adjourned
the suppression hearing until January 10,
2006. Attorney Anderson did not send E.T. a
copy of the motion or otherwise advise him
of the adjournment or the new hearing date.
¶10 On November 29, 2005, E.T. filed a
pro se bail reduction motion and requested a
hearing. Attorney Anderson had no contact
with E.T. between October 3, 2005, and
January 10, 2006, and took no action with
respect to the motion. Due to a congested
docket, the court adjourned the January 10,
2006, hearing on the suppression and pro se
bail reduction motions to January 18, 2006.
E.T. remained in custody and was not present
in court at the January 10 adjournment.
¶11 On January 18, 2006, Attorney
Anderson appeared by telephone to request
another adjournment due to a trial in a
different court. The matter was adjourned
to January 20, 2006. E.T. remained in jail
and did not appear in court on January 18.
Attorney Anderson failed to advise him of
what had transpired.
¶12 On January 20, 2006, Attorney
Anderson moved to reduce bail, stating
grounds other than those provided in E.T.'s
pro se motion. Attorney Anderson did not
provide E.T. with a copy of this new bail
reduction motion. Attorney Anderson
appeared on January 20 and argued the bail
issue on E.T.'s behalf; E.T. was not brought
to court. The bail reduction motions were
denied and the suppression hearing was
adjourned to April 20, 2006.
¶13 Although E.T. was brought to court
for the April 20, 2006, suppression hearing,
the court adjourned the hearing due to time
constraints. At the May 18, 2006, adjourned
hearing, E.T. once again was in court but
the suppression hearing was adjourned yet
again, this time to September 21, 2006, due
to a co-defendant's attorney's conflict.
¶14 On June 2, 2006, the court denied
another bail reduction motion; E.T. remained
in jail and was not at the hearing.
Attorney Anderson spoke with E.T. by
telephone and agreed to meet with him in
person to discuss his case. However,
Attorney Anderson had no contact with E.T.
between June 2, 2006, and September 20,
2006. On September 21, 2006, the State
dismissed the Milwaukee County case because,
on that day, the U.S. Attorney filed a
federal criminal complaint against E.T.
stemming from the same circumstances.
Attorney Anderson advised E.T. on that date
that the state charges had been dismissed.
¶15 With respect to contesting the
forfeiture of more than $48,000 of E.T.'s
bank accounts and cash, the DEA notified
E.T. on March 22 and April 5, 2005, that
certain claims must be filed with the DEA's
counsel by April 26, 2005, and others must
be filed by May 10, 2005. Attorney Anderson
did not mail the notices contesting the
forfeiture of most of the seized assets
until April 28, 2005.
¶16 On May 13, 2005, the DEA notified
Attorney Anderson that because they were
received after the April 26 deadline, E.T.'s
notices regarding most of the seized assets
were being returned. On June 3, 2005,
Attorney Anderson filed a petition for
remission regarding the rejected claims, but
failed to provide E.T. with copies until
December 2006.
¶17 On June 6, 2005, the DEA sent
Attorney Anderson a second notice of its
seizure of $8,946 cash belonging to E.T. To
contest this forfeiture, the notice required
E.T. to file a claim by July 11, 2005. On
July 7, 2005, Attorney Anderson sent a
notice contesting the forfeiture but it was
not until December 2006 that he provided
E.T. a copy of the DEA's notice or the filed
claim. On July 29, 2005, the U.S. Attorney
filed a notice for civil forfeiture, a
complaint, and verification for the
forfeiture of $8,946 in cash and $1,926.50
in a bank account belonging to E.T.
¶18 On August 5, 2005, E.T. wrote
Attorney Anderson, complaining he had not
received copies of documents relating to the
federal forfeiture action. Attorney
Anderson did not reply. On August 10, 2005,
the DEA denied Attorney Anderson's June 3,
2005, petition for remission and advised him
that E.T. could file one request for
reconsideration based on material not
previously submitted, provided it was
postmarked within ten days of Attorney
Anderson's receipt of the DEA's August 10
letter.
¶19 On August 24, 2005, the forfeiture
complaint was served upon Attorney
Anderson. Attorney Anderson took no
action. On October 18, 2005, the U.S.
Attorney filed a motion for default
judgment, which Attorney Anderson received
by mail. Attorney Anderson took no action
with respect to the default judgment
motion. Attorney Anderson did not notify
E.T. until February 2007 of the rejection of
his claims for the return of the seized
property or his right to reconsideration.
¶20 Attorney Anderson stipulated to
three counts of misconduct arising from his
representation of E.T.:
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