OLR Compendium > Public Reprimand of Roger G. Merry

Public Reprimand of Roger G. Merry

2008-OLR-9

Respondent represented a client as the petitioner in a divorce action filed in circuit court on September 21, 2007. On September 24, 2007, Respondent went to the adverse party’s workplace to personally serve her with the Summons and Petition for Divorce. While walking down a hallway in search of the adverse party’s office, the Respondent encountered three of the adverse party’s co-workers, who indicated to Respondent that the adverse party was not present at that time. Respondent then handed the Summons and Petition to one of the co-workers and asked that the papers be given to the adverse party. The co-worker did so, and upon receipt of the divorce papers, the adverse party signed an admission of service.

On October 19, 2007, Respondent filed in circuit court an affidavit of service, which stated in total:

Roger Merry, being first duly sworn on oath, deposes and says that on the 24th day of September, 2007, at 9:30 o’clock a.m., he personally hand served [the adverse party] a true and correct copy of the Summons and Petition for Divorce.

Respondent had not, in fact, personally hand-served the adverse party with the Summons and Petition for Divorce.

Under sec. 801.11(1), Stats., which governs service of process for the purpose of obtaining personal jurisdiction, service upon a party may not be properly obtained by leaving papers with a person other than the party at the party’s workplace.

By filing an affidavit of service in circuit court, falsely stating that he had personally hand-served the adverse party in the divorce, Respondent violated the following Rules of Professional Conduct:

• SCR 20:3.3(a)(1), which states, “A lawyer shall not knowingly…make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made by the tribunal by the lawyer.”

• SCR 3.3(a)(3), which states in part, “A lawyer shall not knowingly…offer evidence that the lawyer knows to be false...”

• SCR 20:8.4(c), which states, “It is professional misconduct for a lawyer to… engage in conduct involving dishonesty, fraud, deceit or misrepresentation.

Respondent’s prior discipline consists of a 1990 private reprimand for engaging in a conflict of interest; a 1993 public reprimand for a conflict of interest, trust account violations, misrepresentations to a receiver, and misrepresentations to the former Board of Attorneys Professional Responsibility; a 1994 private reprimand for failing to properly communicate with a client; and a 1999 public reprimand for a conflict of interest.

In accordance with SCR 22.09(3), Attorney Roger Merry is hereby publicly reprimanded.