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Joseph F. Owens is an attorney admitted to
practice law in Wisconsin on August 28, 1974.
He practices in New Berlin, Wisconsin.
In 2013, Owens began representing a client in
several matters, including divorce, business,
criminal, and child custody matters. The
representation in these matters ended in 2016
once the
divorce and accompanying sale of business
were finalized.
Owens claimed the client owed him more than
$58,000 for services rendered, which
amount the client disputed. The parties came
to an agreement whereby the client would lend
Owens
$100,000 while the two parties resolved their
fee dispute. Owens explained that the client
wanted
the funds to be managed through Owens' trust
account for tracking purposes, with the
intent that
some disbursements be used to pay down the
balance owed Owens for earned fees.
On April 6, 2017, the client lent Owens
$100,000 and Owens signed I-year promissory
note at 9%, secured by Owens' interest in a
land contract. That day, Owens deposited the
funds in
his client trust account. Due to the
promissory note, these funds became Owens'
personal funds in
nature. Therefore, they should have been
deposited into an account separate from
Owens' funds
in his trust account. By depositing the loan
proceeds to his trust account, Owens'
commingled
personal funds with trust account funds.
On May 1, 2017, the client was charged in a
criminal matter involving felony drug
charges.
The client hired Owens to represent him in
that and several tangential matters. As the
serious
charges continued to mount, Owens withdrew
from the representation of the client in the
Fall of
2018.
The client passed away in August 2019. The
grievant in this matter is the client's
daughter
and is the personal representative of the
client's estate, who disputes the amount owed
Owens.
Owens trust account records show Owens made
$34,000 payments against the note in the
form of both direct payments to the client as
well as partial payments credited on Owens'
outstanding invoices. Owens still had unpaid
invoices of $51,893. When these sums are
subtracted
from the initial $100,000, the remaining
principal balance is $14,137. Owens offered
to settle the
dispute with the estate for this amount (
dispensing with interest on both the loan and
the
outstanding invoices). Though there have been
further communications between the parties,
they
have not yet resolved the issue.
By accepting a personal loan payment of
$100,000 from a client and depositing it into
his
client trust account, Attorney Joseph F.
Owens violated SCR 20:1.15(b)(3), which
states in
relevant part, "No funds belonging to a
lawyer or law firm, except funds reasonably
sufficient to
pay monthly account service charges, may be
deposited or retained in a trust account."
Attorney Owens has no prior discipline.
In accordance with SCR 22.09(3), Attorney
Owens is hereby publicly reprimanded.
Dated this 11th day of October, 2024.
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