Disciplinary Proceedings Against Hooker
2014 WI 41, 6/19/2014 (2014)
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ATTORNEY disciplinary
proceeding. Attorney's license revoked.
¶1 PER CURIAM. Attorney Daynel L.
Hooker has filed a petition for the
consensual revocation of her license to
practice law in Wisconsin pursuant to SCR
22.19. Attorney Hooker's petition states
that she cannot successfully defend against
seven Office of Lawyer Regulation (OLR)
grievance investigations in which the
Preliminary Review Committee (PRC) found
cause to proceed as to 35 counts of
misconduct. Attorney Hooker's petition
further states that she cannot successfully
defend against the misconduct described in
an October 18, 2013 Opinion and Decision of
the Colorado Supreme Court, which disbarred
Attorney Hooker for misconduct involving
various client matters.
¶2 Attorney Hooker was admitted to
practice law in Wisconsin in 2001. She
primarily practiced in Colorado, though she
has never been licensed to practice law in
Colorado. She maintained a federal law
practice concentrating on immigration,
bankruptcy, and intellectual property law.
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¶3 Under Colorado Rule of Professional
Conduct 8.5, a lawyer who provides or offers
to provide any legal services in Colorado is
subject to the disciplinary authority of
that state even if the attorney is not
licensed in that state. Attorney Hooker has
been disciplined twice by the Colorado
Supreme Court, resulting in two reciprocal
discipline matters in Wisconsin. In 2010
this court suspended Attorney Hooker for six
months, effective February 8, 2009, as
discipline reciprocal to that imposed by the
Colorado Supreme Court. In re
Disciplinary Proceedings Against Hooker,
2010 WI 13, 322 Wis. 2d 552, 779 N.W.2d
419. In 2012 this court again suspended
Attorney Hooker for six months, retroactive
to March 1, 2011, as discipline reciprocal
to that imposed by the Colorado Supreme
Court. In re Disciplinary Proceedings
Against Hooker, 2012 WI 100, 343 Wis. 2d
397, 816 N.W.2d 310.
¶4 Attorney Hooker's Wisconsin law
license is under administrative suspension.
She has failed to cooperate with OLR
grievance investigations, failed to pay
State Bar of Wisconsin dues, and failed to
comply with continuing legal education
requirements.
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¶5 Attached to Attorney Hooker's
petition for revocation are the following
two documents: (1) a completed but unfiled
OLR disciplinary complaint alleging 35
counts of misconduct involving seven client
matters; and (2) a certified copy of an
October 18, 2013 Opinion and Decision of the
Colorado Supreme Court ("Colorado
disciplinary decision"). The Colorado
disciplinary decision concerns misconduct
involving eight client matters, two of which
are also presented in the OLR's unfiled
disciplinary complaint. The Colorado
disciplinary decision disbars Attorney
Hooker from the practice of law in Colorado.
¶6 It is not necessary to describe the
particular factual allegations of each
representation. A synopsis of the
information contained in the attachments to
Attorney Hooker's petition for revocation
will provide a sufficient description of the
nature and scope of her professional
misconduct.
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¶7 The completed but unfiled OLR
disciplinary complaint alleges violations of
the following rules, many of which the OLR
alleges Attorney Hooker violated on multiple
occasions: SCR 20:1.1 (failing to provide
competent representation to a client); SCR
20:1.3 (failing to act with reasonable
diligence and promptness in representing a
client); SCR 20:1.4(a)(3) (failing to keep a
client reasonably informed about the status
of a matter); SCR 20:1.4(a)(4) (failing to
promptly comply with reasonable requests by
the client for information); SCR 20:1.5(b)
(1) (failing to adequately explain the basis
on which lawyer's fee would be calculated);
SCR 20:1.5(b)(2) (failing, where the total
cost of the representation is more than
$1,000, to communicate in writing to the
client the purpose and effect of any
retainer or advance fee that is paid to the
lawyer); SCR 20:1.15(b)(4) (failing to
deposit advanced payments of fees and costs
into trust account); SCR 20:1.16(d) (failing
to take steps to protect a client's
interests upon termination of
representation); SCR 20:5.5(a)(1)
(practicing law in a jurisdiction where
doing so violated the regulation of the
legal profession in that jurisdiction); SCR
20:8.4(a) (violating the Rules of
Professional Conduct); SCR 20:8.4(c)
(engaging in conduct involving dishonesty,
fraud, deceit, or misrepresentation); SCR
22.03(2) (failing to cooperate with an OLR
investigation); and SCR 22.03(6) (failing to
provide relevant information, to answer
questions fully, or to furnish documents in
the course of an OLR investigation).
¶8 In the Colorado disciplinary
decision, the Colorado Supreme Court
disbarred Attorney Hooker based on the
following ethical violations under the
Colorado Rules of Professional Conduct, many
of which the Colorado Supreme Court
determined Attorney Hooker committed on
multiple occasions: practicing law in a
jurisdiction where doing so violates the
applicable regulations of the legal
profession; failing to hold property in a
trust account separate from the lawyer's own
property; failing, upon a client's request,
to promptly render a full accounting
regarding funds in which the client has an
interest; failing to protect the client's
interest by surrendering papers and property
to which the client is entitled and to
refund any unearned fees or expenses;
committing conduct involving dishonesty,
fraud, deceit, or misrepresentation; failing
to act with reasonable diligence and
promptness when representing a client;
failing to keep a client reasonably informed
about the status of a matter; failing to
promptly comply with reasonable requests for
information; failing to communicate to a
client, in writing, the basis or rate of the
fee and expenses within a reasonable time
after commencing the representation; and
failing to respond to a lawful demand for
information from a disciplinary authority.
¶9 Attorney Hooker's petition for
consensual revocation states that she cannot
successfully defend against the professional
misconduct alleged in the OLR's unfiled
complaint and described in the Colorado
disciplinary decision. She states that she
is seeking consensual revocation freely,
voluntarily, and knowingly. She confirms
her understanding that she is giving up her
right to contest the OLR's allegations and
to have a public hearing at which she could
present evidence in her defense. She
further acknowledges that she has been given
the opportunity to consult with counsel and
that she has declined to do so.
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¶10 The OLR's report and recommendation
in support of the petition contains a
restitution request. Specifically, the OLR
requests that Attorney Hooker be ordered to
pay restitution in the amount of $1,130 to
former client D.W.; $2,720 to former client
J.T.S.; $4,610 to former client G.K.; $2,310
to former client H.O.; and $1,660 to former
client K.V. Attorney Hooker's petition
states that she agrees that she should be
ordered to pay these restitution amounts.
¶11 Having reviewed Attorney Hooker's
petition, the OLR's completed but unfiled
disciplinary complaint, and the October 18,
2013 Opinion and Decision of the Colorado
Supreme Court, we conclude that the petition
for consensual revocation should be
granted. It is clear from the descriptions
of the various representations that Attorney
Hooker has engaged in a widespread pattern
of serious professional misconduct that has
harmed her clients. It is also clear that
Attorney Hooker is currently unwilling or
unable to conform her conduct to the
standards that are required to practice law
in this state.
¶12 Attorney Hooker asks the court to
make her revocation go into effect
retroactively, to a date in March 2012 when
the Colorado Supreme Court temporarily
suspended the Colorado disciplinary
proceedings due to Attorney Hooker's
allegation that a disability impaired her
ability to defend herself. We note that the
Colorado Supreme Court later lifted the stay
of the Colorado disciplinary proceedings and
proceeded to disbar Attorney Hooker, without
making her disbarment retroactive.
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¶13 We deny Attorney Hooker's request
for a retroactive revocation date.
Customarily, the effective date of a license
revocation to be imposed for a lawyer's
misconduct is the date of this court's order
imposing the revocation. We see no reason
to depart from that practice here.
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¶14 We further determine, in light of
the OLR's report and Attorney Hooker's
agreement, that Attorney Hooker should be
required to pay restitution in the amount of
$1,130 to former client D.W.; $2,720 to
former client J.T.S.; $4,610 to former
client G.K.; $2,310 to former client H.O.;
and $1,660 to former client K.V.
¶15 We note that the OLR does not seek
costs. Accordingly, no costs will be imposed.
¶16 Finally, we note that Attorney
Hooker states in her petition for consensual
license revocation that "a medical
incapacity impaired my ability to represent
my clients during the period of time in
which my misconduct occurred." Because
Attorney Hooker is seeking a consensual
revocation, and not an indefinite suspension
for medical incapacity (see SCR 22.34), we
deem irrelevant the details of her alleged
medical issues.
¶17 IT IS ORDERED that the petition for
consensual license revocation is granted.
¶18 IT IS FURTHER ORDERED that the
license of Daynel L. Hooker to practice law
in Wisconsin is revoked, effective the date
of this order.
¶19 IT IS FURTHER ORDERED that within 60
days of the date of this order Daynel L.
Hooker shall pay restitution in the amount
of $1,130 to former client D.W.; $2,720 to
former client J.T.S.; $4,610 to former
client G.K.; $2,310 to former client H.O.;
and $1,660 to former client K.V.
¶20 IT IS FURTHER ORDERED that, to the
extent she has not already done so, Daynel
L. Hooker shall comply with the provisions
of SCR 22.26 concerning the duties of a
person whose license to practice law in
Wisconsin has been revoked.
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