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Wisconsin Attorneys' Professional Discipline Compendium
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Disciplinary Proceedings Against Abbott
2005 WI 172, 286 Wis. 2d 616, 707 N.W.2d 851 (2005)
The Court entered the following order on this date:
Attorney Jennifer L. Abbott has filed a petition for consensual license revocation under SCR 22.19. Attorney Abbott was licensed to practice law in Wisconsin in 1993. Her license is currently under suspension for willful failure to respond to or cooperate with Office of Lawyer Regulation (OLR) grievance investigations.
Attorney Abbott is the subject of OLR grievance investigations involving some twenty allegations of misconduct in connection with numerous client matters. The alleged misconduct includes reports of overdrafts on Attorney Abbott's trust account, including ten such overdrafts between July and December 2004 ranging in amounts from $34 to $239; Attorney Abbott's representation of clients in several bankruptcy matters; Attorney Abbott's handling of an operating while intoxicated charge in which the client alleged that Attorney Abbott failed to preserve evidence and that she also failed to arrange for testimony of a key witness at his sentencing hearing in May 2002; allegations of conversion of client funds; allegations of failing to provide a client with copies of documents; allegations of failing to return records or files in violation of court orders; allegations of failing to return unearned retainers or fees; and failing to cooperate with the OLR. According to the OLR, Attorney Abbott's conduct has violated SCR 20:1.3, SCR 20:1.4 (a), former SCR 20:1.15(a), former SCR 20:1.15(n), SCR 20:1.16(d), SCR 20:3.4(c), SCR 20:8.4(c), SCR 20:8.4(f) and SCR 22.03 (6).
Attorney Abbott admits under SCR 22.19(2) that she cannot successfully defend against the allegations of the grievance investigations. The OLR supports Attorney Abbott's petition for consensual license revocation. The matter was submitted to a referee who recommends the petition for consensual license revocation be granted and further recommends the court impose the costs of the disciplinary proceeding on Attorney Abbott because the OLR did incur the costs of filing a complaint before the petition for consensual license revocation was filed. Currently, the costs in this matter total $2201.42.
After this petition was submitted to the court, an order was issued directing the parties to show cause why restitution should not also be ordered. The OLR filed a timely response agreeing that restitution was appropriate in certain client matters. Specifically, the OLR reports that Attorney Abbott failed to refund a $425 retainer fee in the bankruptcy matter involving C.C. and noted that it appears no work was done on this file. Accordingly, the OLR recommended the court award restitution to C.C. in the amount of $425. Similarly, in the R.B. and O.L.W. bankruptcy matter, the OLR observes that Attorney Abbott should be required to reimburse these clients for the amount Attorney Abbott "was paid." The OLR explains, however, that the amount of fees actually paid is unclear because the receipt Attorney Abbott gave her clients is "indecipherable." The OLR estimates the clients paid $500 and recommended restitution in this amount. In the I.M. bankruptcy matter, Attorney Abbott was paid $450. The OLR concedes that it is unknown exactly how much work, if any, Attorney Abbott performed on this matter, but it was undisputed that she did not ever file the bankruptcy action.
Attorney Abbott did not respond to this court's order or to the OLR's report regarding restitution. Having reviewed the record in this matter we agree with the OLR's recommendations regarding restitution in this matter. See In re Disciplinary Proceedings Against Martinez, 225 Wis. 2d 433, 591 N.W.2d 866 (1999); In re Disciplinary Proceedings Against Karlsson, 2001 WI 126, 248 Wis. 2d 681, 635 N.W.2d 771.
Therefore,
IT IS ORDERED that the petition for consensual license revocation is granted.
IT IS FURTHER ORDERED that the license of Jennifer Abbott to practice law in Wisconsin is revoked effective the date of this order.
IT IS FURTHER ORDERED that within 60 days of the date of this order Jennifer Abbott shall pay full restitution to C.C. in the amount of $425, to R.B. and O.L.W. in the amount of $500, and to I.M. in the amount of $450.
IT IS FURTHER ORDERED that within 60 days of the date of this order, Jennifer Abbott pay to the Office of Lawyer Regulation the costs of this disciplinary proceeding.
IT IS FURTHER ORDERED that Jennifer Abbott comply with the requirements of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been revoked.
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