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The Respondent, Attorney Matthew T. Luening
(“Luening”), age 45, was admitted to the
practice of law in Wisconsin on May 24,
2010, and practices in Milwaukee, Wisconsin.
On April 29, 2015, a husband and
wife hired Luening to represent the husband
in a postconviction relief and immigration
matter and the wife in an immigration
proceeding. Luening and the clients signed
a fee agreement for Luening’s
representation.
The written fee agreement did not contain
the notices or otherwise signal intent to
comply with the alternative placement
measures for advanced fees permitted under
former SCR 20:1.15(b)(4m) or current SCR
20:1.5(g). The clients paid Luening a
$3,000 advanced fee for Luening’s
representation. Luening deposited the
$3,000 advanced fee payment into his
business account.
On July 22, 2015, Luening, on behalf of the
husband, filed a Motion for Postconviction
Relief requesting that the court vacate the
husband’s plea and reopen a prior case. At
a motion hearing, the court informed the
prosecutor, Luening, and the husband that
the husband had not met the burden of proof
on the motion and the motion needed to be
rescheduled. Thereafter, the motion hearing
was rescheduled several times.
In a February 21, 2016 letter to the
husband, Luening stated, “I hereby send you
an updated affidavit for your signature.
Sign the name you used at the time of the…
case. Send it back to me.”
On June 29, 2016, Luening filed an Amended
Memorandum of Law in Support of Motion for
Postconviction Relief and an unsigned
Affidavit in Support of Motion for
Postconviction Relief.
On July 7, 2016, the court denied the
husband’s Motion for Postconviction Relief.
In an Order Denying Motion and Canceling
Hearing, dated July 7, 2016, the court
stated, “The motion is summarily denied,
because defendant has not set forth anything
more than unsupported assertions as to the
issues raised. Specifically, defendant has
submitted an affidavit dated May 20th, 2016.
However the affidavit on its face is invalid
—the signature/notary area appears as
follows (copied area of filed document):…”
The court further stated, “The court
observes defendant’s signature does not
appear on the document. There is no basis
for this matter to move forward. The motion
is denied, the judicial assistant is
directed to so notify the parties and remove
the matter from the court’s calendar.”
In the July 7, 2016 Order, the copied area
of the filed document showed Luening’s
notary stamp, the date, and Luening’s
signature, but the affidavit was unsigned by
the husband.
With respect to the wife’s matter, on August
23, 2016, the U.S. Citizenship and
Immigration Services (USCIS) Field Office
Director sent the wife a notice to appear
for an interview on September 20, 2016.
Luening was copied on the August 23, 2016
notice. In the August 23, 2016 notice, the
Field Office Director stated that the reason
for the appointment was “Pertaining to your
I-485 Adjustment of Status Application.”
Luening told the wife that she did not need
to appear for the September 20, 2016
interview. However, Luening did not recall
telling the wife that she did not need to
appear. Luening had also told the husband
that they did not need to appear on
September 20, 2016.
On September 20, 2016, the wife and Luening
did not appear for the interview at the
USCIS office in Milwaukee, Wisconsin. In a
September 22, 2016 Decision, the USCIS Field
Office Director stated, “On September 20,
2016, USCIS requested that you appear for an
interview about your application, but you
did not appear as requested. Because you
did not appear as requested, USCIS considers
your application abandoned and, therefore,
denies it. See Title 8, Code of Federal
Regulations (8 CFR), section 103.2(b)(13).”
Previously the wife had an interview
scheduled at the Immigration Office on
August 16, 2016. The wife appeared for the
August 16, 2016 interview, but was informed
that Luening had canceled the interview.
Luening had not asked the wife if he could
cancel the August 16, 2016 interview and
did not tell her that he had done so.
Luening failed to ascertain and communicate
correct information to the wife as to
whether she needed to appear at the
September 20, 2017 interview. Furthermore,
Luening did not contact or attempt to
contact the USCIS Field Office Director to
request an adjournment or to reschedule the
September 20, 2016 interview. Throughout
the representation, Luening did not keep the
clients reasonably informed about the status
of their matters.
In or around February 2017, Luening provided
the clients with a cashier’s check in the
amount of $1,500 as a partial refund of the
$3,000 advanced fee.
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