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ATTORNEY disciplinary
proceeding. Attorney's license suspended.
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1. PER CURIAM. We review the
recommendation of the referee
that Attorney Christopher L. O'Byrne's
license to practice law in Wisconsin be
suspended for 60 days for professional
misconduct in the handling of an estate.
The referee also recommended that Attorney
O'Byrne be required to pay the costs of the
proceeding.
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2. We determine that the seriousness of
Attorney O'Byrne's professional misconduct
warrants a suspension of his license to
practice law for 60 days.
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3. Attorney O'Byrne was admitted to
practice
law in Wisconsin in 1986 and practices in
Port Washington. In 1994 Attorney O'Byrne
consented to a public reprimand for
misconduct consisting of engaging in conduct
involving dishonesty and misrepresentation,
failing to disclose facts necessary to
correct a misapprehension, failing to fairly
and fully disclose all facts and
circumstances pertaining to an
investigation, and failing to respond to a
client's reasonable requests for
information.
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4. The complaint filed by the Office of
Lawyer
Regulation (OLR) alleged misconduct with
respect to Attorney O'Byrne's handling of an
estate. The decedent died on November 22,
1995. An application for informal
administration was filed on February 15,
1996. The decedent's son was appointed
personal representative on March 18, 1996.
Attorney O'Byrne was retained as attorney
for the estate. The decedent's son died on
April 17, 1996, and a successor personal
representative was appointed on May 10,
1996.
5. The estate inventory was filed on
November 18, 1996. The estate became
delinquent in August of 1997. On September
24, 1997, an order to show cause why the
estate was not closed was issued by the
circuit court. A series of orders to show
cause were issued through January of 2001.
On March 13, 2001, over five years after the
estate was opened, it still had not been
closed. The circuit court issued an order
of removal discharging Attorney O'Byrne as
attorney for the estate.
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6. Attorney O'Byrne did not file an answer
to
the OLR's complaint. In February 2001 the
OLR filed a motion requesting issuance of an
order to show cause why Attorney O'Byrne's
license should not be suspended for his
willful failure to cooperate or respond to
two other grievances. An order to show
cause was issued. Attorney O'Byrne failed
to respond to the order to show cause. On
April 3, 2001, this court issued an order
temporarily suspending Attorney O'Byrne's
license to practice law for failing to
respond or cooperate with the other OLR
investigations. That suspension remains in
force.
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7. On May 17, 2001, the OLR's motion for
default judgment was heard. Attorney
O'Byrne's counsel stipulated that a default
judgment could be entered. The referee,
John A. Fiorenza, issued a report concluding
that Attorney O'Byrne failed to act with
reasonable diligence and promptness in
representing the estate, thereby violating
SCR 20:1.3. The referee also found that
Attorney O'Byrne failed to cooperate with
the OLR in the investigation of the
grievance, thereby violating former SCR 21.03
(4) and former SCR 22.07(2) and (3).
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8. We adopt the referee's findings of fact
and
conclusions of law. Attorney O'Byrne's
misconduct with respect to his handling of
the estate and his failure to cooperate with
the OLR's investigation are serious failings
warranting a suspension of his license. A
60-day suspension of his license to practice
law is appropriate discipline for his
professional misconduct.
9. IT IS ORDERED that the license of
Christopher L. O'Byrne to practice law in
Wisconsin is suspended for a period of 60
days, effective December 26, 2001.
10. IT IS FURTHER ORDERED that
Christopher L.
O'Byrne comply with the provisions of SCR
22.26 concerning the duties of a person
whose license to practice law in Wisconsin
has been suspended.
11. IT IS FURTHER ORDERED that within 60
days
of the date of this order Christopher L.
O'Byrne pay to the OLR the costs of this
proceeding. If the costs are not paid
within the time specified and absent a
showing to this court of his inability to
pay the costs within that time, the license
of Christopher L. O'Byrne to practice law in
Wisconsin shall remain suspended until
further order of the court.
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