|
¶7 On March 21, 2013, the OLR filed a
motion for default judgment. Attached to
the supporting affidavit was a letter from
Attorney Cooper dated March 19, 2013,
addressed to the referee and the OLR's
counsel. The letter stated, "I have decided
to voluntary [sic] surrender my license to
practice law in the State of Wisconsin due
to personal reasons."
¶8 On April 8, 2013, the referee issued
a notice that the OLR's motion for a default
judgment would be heard on May 21, 2013. At
the May 21 hearing, the OLR's counsel and an
OLR investigator appeared by videoconference
and a record was made. Neither Attorney
Cooper nor any attorney or representative
made an appearance on his behalf. As a
result, the referee granted the OLR's motion
for default judgment and found the OLR
proved by clear, satisfactory, and
convincing evidence all allegations in its
amended complaint.
¶9 The allegations in the amended
complaint, which are discussed in detail in
the referee's report, will not be
extensively recited or repeated here. We
will briefly summarize the incidents giving
rise to the misconduct.
Multiple Bankruptcy Proceedings (Counts 1
through 8)
¶10 Judge Pamela Pepper, Chief
Bankruptcy Judge for the United States
District Court for the Eastern District of
Wisconsin, made a submission to the OLR on
May 13, 2011, reporting that, pursuant to
the unanimous decision of the Eastern
District of Wisconsin bankruptcy judges,
Attorney Cooper had been barred from filing
any new bankruptcy petitions for a period of
six months. The prohibition on his filing
any new cases arose out of his repeated
mishandling of multiple bankruptcy matters,
including failing to respond to
communications from the bankruptcy court and
trustee, failing to communicate with clients
regarding court appearances, filing
schedules in bankruptcy proceedings without
prior client review, and filing bankruptcy
petitions during times he was barred from
doing so.
Matter of R.F. (Counts 9 through 14)
¶11 In May of 2010, R.F. hired Attorney
Cooper to represent her with respect to
charges of discrimination that she had
already filed with the United States Equal
Employment Opportunity Commission (EEOC).
R.F. paid Attorney Cooper $4,000 for the
representation. After requesting a
postponement of a mediation, Attorney Cooper
failed to respond to telephone calls from
the mediator, failed to file a lawsuit
within 90 days after receipt of the notice
of dismissal of R.F.'s claims, causing R.F.
to lose her rights to sue, failed to return
R.F.'s file, and failed to timely respond to
R.F.'s grievance.
Matter of N.L. (Counts 15 through 18)
¶12 In October of 2010, N.L. hired
Attorney Cooper to file a Wis. Stat. chapter
128 petition in Milwaukee County for
voluntary amortization of debts. Attorney
Cooper filed the petition but never informed
N.L. of the appointment of a trustee. The
petition was later dismissed due to N.L.'s
failure to make the initial payment to the
trustee as ordered by the court. Attorney
Cooper filed a second petition in April of
2011. The court sent Attorney Cooper a
checklist of missing items and told him if
the petition was not corrected within 30
days, it would be dismissed. Attorney
Cooper failed to inform N.L. of the missing
items and failed to contact the trustee or
the court, so the second petition was also
dismissed.
Matter of C.D. (Counts 19 through 21)
¶13 In September of 2010, C.D. hired
Attorney Cooper to represent her in a
chapter 128 proceeding in Milwaukee County.
The petition incorrectly stated the debtor's
name and listed an incorrect address. After
appointment of a trustee, the trustee filed
an affidavit and order for dismissal based
on the fact that the debtor had made no plan
payments. The trustee's documents listed
the wrong address for C.D., and there was no
correspondence from Attorney Cooper to C.D.
informing the client that a trustee had been
appointed.
Matter of Y.D. (Counts 22 through 26)
¶14 In December of 2010, Y.D. hired
Attorney Cooper to represent her in a
chapter 7 bankruptcy proceeding. Attorney
Cooper electronically filed the voluntary
bankruptcy petition and a meeting of
creditors was scheduled. Attorney Cooper
appeared at the hearing but Y.D. did not.
The trustee filed a motion to dismiss the
bankruptcy petition based on Y.D.'s failure
to attend the meeting of creditors and
failure to provide tax returns and other
information. Attorney Cooper failed to
obtain Y.D.'s signature on any of the
documents he electronically filed with the
bankruptcy court as required by local court
rules. He also altered the original date on
the bankruptcy petition prior to submitting
a copy of it to the OLR, failed to have Y.D.
review and sign the petition before filing
it, failed to object to the trustee's motion
to dismiss, and failed to keep Y.D. apprised
of the status of her case.
Matter of S.J. (Counts 27 and 28)
¶15 On April 1, 2011, S.J. engaged
Attorney Cooper to represent her in a
chapter 128 petition in Milwaukee County for
the voluntary amortization of debts.
Attorney Cooper filed the petition. The
court advised him that his proposed trustee
was not presently in compliance with a local
rule and directed Attorney Cooper to
resubmit appropriate materials to the court
within 30 days or the case would be
dismissed. Attorney Cooper failed to
respond within that time period and the
proceeding was dismissed.
Matter of V.H. (Counts 29 through 33)
¶16 In March of 2011, V.H. hired
Attorney Cooper to represent her in a
chapter 7 bankruptcy proceeding. Attorney
Cooper electronically filed the voluntary
bankruptcy petition but failed to gather the
required documents from V.H. prior to filing
it. He also failed to have V.H. review and
sign the petition and related schedules
prior to filing, failed to keep V.H.
informed about the status of the proceeding,
represented to the bankruptcy court that
V.H. had signed the documents when she had
not, and changed the dates on some documents
after they had been filed.
Matter of T.M. (Counts 34 and 35)
¶17 In March of 2010, T.M. hired
Attorney Cooper to defend T.M. in various
criminal matters pending in Racine County.
T.M. paid Attorney Cooper $5,000 and a
purported fee agreement letter was signed.
T.M. claimed he terminated Attorney Cooper's
representation in June 2010 but Attorney
Cooper refused to withdraw. T.M. also
claimed that Attorney Cooper failed to
return his telephone calls and did nothing
to defend him.
Matter of M.D. (Counts 36 through 38)
¶18 On February 1, 2011, M.D. hired
Attorney Cooper to represent her in a
chapter 13 bankruptcy proceeding. She paid
him $255. She signed her voluntary
petition, and Attorney Cooper electronically
filed it. Attorney Cooper altered the date
on the petition and failed to obtain
documents and information from M.D. which
were needed to prepare and file the chapter
13 schedules and plan.
Matter of T.C. (Count 39)
¶19 T.C. hired Attorney Cooper in
October 2010 to represent her and her
husband in a chapter 128 petition in
Milwaukee County for the voluntary
amortization of debts. The proceeding was
dismissed based on the failure of the
debtors to make the initial payment to the
trustee as ordered by the court. Attorney
Cooper failed to provide T.C. with any
correspondence regarding the status of the
proceeding.
Matter of R.C. (Counts 40 through 45)
¶20 In February of 2011, R.C. hired
Attorney Cooper to represent him in a
criminal proceeding in Dane County. R.C.
paid an advance fee of $2,500 which Attorney
Cooper deposited directly into his operating
account rather than his trust account. In
June of 2011, R.C. terminated the attorney-
client relationship and asked Attorney
Cooper to return any unearned portion of the
$2,500 advanced fee. Attorney Cooper failed
to respond to this request in an appropriate
manner.
Matter of D.Co. (Counts 46 through 50)
¶21 In February of 2011, D.Co. paid
Attorney Cooper $295 to represent her in a
chapter 128 proceeding for the amortization
of debts. Attorney Cooper never filed the
petition. D.Co. repeatedly called Attorney
Cooper's office regarding the status of the
filing, but Attorney Cooper never returned
her phone calls.
Matter of D.Cu. (Counts 51 through 57)
¶22 In April of 2012, D.Cu. hired
Attorney Cooper to represent him in a
bankruptcy action and paid him $1,500.
Attorney Cooper failed to confirm the fee
agreement with D.Cu. in writing, failed to
file the bankruptcy petition, failed to keep
D.Cu. informed about the status of the
matter, and closed his office without
notifying D.Cu.
Matter of C.H. (Counts 58 through 60)
¶23 In early 2011 C.H. hired Attorney
Cooper to represent him regarding workplace
discrimination claims in proceedings before
the Wisconsin Equal Rights Division and the
United States EEOC. C.H. paid Attorney
Cooper an advance fee of $749. Attorney
Cooper failed to confirm the fee agreement
in writing. In January of 2012, C.H. and
his employer reached a settlement, which
Attorney Cooper approved, and the
discrimination complaints with the two
agencies were dismissed. Attorney Cooper
failed to have a contingent fee agreement in
writing and signed by C.H., failed to
deliver the case file documents to C.H. when
requested, and failed to provide the OLR
with a written response to C.H.'s grievance.
Matter of D.H. (Counts 61 through 65)
¶24 In April of 2011, D.H. hired
Attorney Cooper to represent him in a motion
to modify a sentence imposed as the result
of a 1998 conviction for five felonies. The
original sentence imposed was 45 years in
prison. Attorney Cooper was paid an advance
fee of $2,500. Attorney Cooper failed to
return telephone calls inquiring as to the
status of the matter, nor did he file any
motion to modify the sentence. D.H.
terminated Attorney Cooper's representation
in February of 2012 and requested a refund
of the $2,500 and the return of all
documents. Following the commencement of a
small claims action for replevin to obtain
the file and a small claims action for
refund of the advanced fee, D.H. accepted a
settlement of $1,500.
Matter of P.T. (Counts 66 through 71)
¶25 In February of 2012, P.T. hired
Attorney Cooper to represent her in a
petition for guardianship. P.T. agreed to a
flat fee of $700 and paid $400 toward that
fee. P.T. made numerous requests to
Attorney Cooper for a copy of the petition
for guardianship, which Attorney Cooper did
not provide. She left telephone calls and
text messages to which Attorney Cooper never
responded. Attorney Cooper never filed the
guardianship petition. When P.T. asked for
a refund of the $400 she had paid toward the
fee, Attorney Cooper offered her a credit
for future legal services and did not refund
any portion of the fee. In September 2012
the Wisconsin Lawyers' Fund for Client
Protection approved payment of $350 to P.T.
for reimbursement of funds arising out of
Attorney Cooper's refusal to refund any part
of the advanced fee.
Matter of A.R. and I.G. (Counts 72 through
76)
¶26 In February of 2011, A.R. and I.G.
hired Attorney Cooper to modify a birth
certificate for their son and paid him
$1,100 for his services. Attorney Cooper
filed a motion to change the birth
certificate but failed to appear at a
hearing on the motion. The court
subsequently entered an order dismissing the
matter.
Matter of E.W. (Counts 77 and 78)
¶27 In February of 2012, E.W. hired
Attorney Cooper to represent him in a
chapter 7 bankruptcy matter and paid
Attorney Cooper $300 pursuant to a written
engagement letter. The following month,
E.W. informed Attorney Cooper he had decided
not to file the bankruptcy petition and
asked for a full refund. Attorney Cooper
failed to respond to the request for a
refund and failed to provide a written
response to the OLR's grievance.
¶28 The referee concluded that Attorney
Cooper committed the misconduct alleged in
the complaint. The OLR alleged, and the
referee found, that Attorney Cooper
committed the following misconduct:
|