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ATTORNEY disciplinary
proceeding. Attorney’s licenses
suspended.
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1. PER CURIAM. We review the stipulation
filed by Attorney
Jevon J. Jaconi and the Office of Lawyer
Regulation (OLR) pursuant to SCR 22.12. On
July 31, 2003, the OLR filed a complaint in
this court alleging 20 separate counts of
misconduct against Jaconi. Jaconi did not
file an answer but instead he and the OLR
filed a SCR 22.12 stipulation in which
Jaconi admitted the facts and misconduct as
alleged in the OLR's complaint and agreed to
the level of discipline the OLR sought in
this disciplinary matter-a one-year
suspension of Jaconi's license to practice
law in this state, plus a requirement that
Jaconi refund money to clients and an
individual who paid a portion of his fees.
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2. We approve the stipulation and adopt the
stipulated facts and conclusions regarding
Jaconi's 20 counts of misconduct as alleged
in the OLR's complaint. We determine that
the seriousness of Jaconi's misconduct
warrants suspension of his license to
practice law in this state for a period of
one year. We also agree that Jaconi should
be required to make the refunds to his
clients and the other individual in the
amounts stipulated.
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3. Attorney Jevon Jones Jaconi was admitted
to
practice law in Wisconsin in 1998 and has
not previously been disciplined. Currently
he is not practicing law; his license was
administratively suspended on June 3, 2003,
for his failure to comply with mandatory CLE
requirements.
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4. In the OLR's disciplinary complaint
filed in
this court it was alleged that Jaconi had
committed 20 separate counts of misconduct.
Those counts involved Jaconi's
representation of seven separate clients. In
partial explanation for his numerous acts of
misconduct Jaconi has submitted a "personal
statement" which was incorporated in that
stipulation. Jaconi's statement asserts that
he was elected district attorney for
Kewaunee county immediately upon his
graduation from the University of Dayton Law
School and his successful completion of the
Wisconsin bar exam. Prior to that time,
according to Jaconi, he had neither
prosecuted nor defended a criminal case.
After one term as district attorney, Jaconi
did not run for reelection and opened his
own practice. As noted, he is no longer
practicing law having been administratively
suspended for failure to comply with
mandatory CLE requirements.
5. Jaconi now admits to the facts and
misconduct as alleged in the OLR complaint.
Briefly summarized, the allegations are
these:
I. REPRESENTATION OF M.N.
COUNTS ONE THROUGH FIVE
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6. The OLR complaint alleged, and Jaconi
now
stipulates, that on August 18, 2001, M.N.
hired Jaconi to represent her on a felony
matter in Brown County Circuit Court; she
agreed to pay him a flat fee of $1250 and
paid $600 of that amount on September 11,
2001. At Jaconi's request, M.N. signed
an "Authorization to Appear" so that Jaconi
could appear in court on her behalf without
her being present. However, an Authorization
to Appear does not apply in felony matters
in Wisconsin; defendants charged with a
felony must appear personally. Jaconi
erroneously informed M.N. that she did not
need to personally appear at her adjourned
initial appearance. When neither Jaconi nor
M.N. appeared at that adjourned hearing, a
bench warrant for M.N.'s arrest was issued;
an additional complaint was then filed
against her for felony bail jumping.
7. After M.N. was informed about the
bench
warrant, she repeatedly called Jaconi but he
did not return her calls. She then
personally scheduled a hearing in the
circuit court seeking to quash the warrant.
Although Jaconi had not returned any of her
calls he appeared at that hearing. The
circuit court subsequently cancelled the
bench warrant but informed M.N. and Jaconi
that additional paperwork would be needed to
fully resolve the bail jumping issue. Jaconi
stated he would take care of that paperwork
but failed to do so.
8. Later when M.N. was arrested on the
felony bail jumping charge, she repeatedly
called Jaconi but received no response from
him. She then retained substitute counsel.
9. M.N. sent Jaconi a certified letter
terminating his services and requesting that
he return her file and the $600 fee she had
paid. Jaconi failed to respond to that
letter. However, he subsequently appeared at
M.N.'s pretrial conference and gave her file
back and gave her a check dated December 7,
2001, written on his law office account in
the amount of $600. M.N., however, was
unable to cash that $600 check because there
were insufficient funds in Jaconi's office
account to cover it. Subsequently, on
January 2, 2002, that account was closed.
Although she telephoned him many times about
that dishonored check, Jaconi never
responded. M.N. made over 25 calls to Jaconi
but he never telephoned or wrote to her
although ultimately she did receive a $600
refund from him.
10. Based on this admitted course of
conduct the
OLR complaint charged Jaconi with five
counts of misconduct, to which he now
stipulates:
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COUNT ONE: By incorrectly advising
M.N. that she did not need to appear at the
adjourned initial appearance in a felony
criminal matter, resulting in M.N.'s failure
to appear and in a criminal charge against
her for felony bail jumping, for which she
was arrested, Jaconi failed to provide
competent representation to M.N., in
violation of SCR 20:1.1.
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COUNT TWO: By failing to take
appropriate steps after September 12, 2002,
to fully resolve the bail jumping issue,
such that a felony bail jumping complaint
and arrest warrant were subsequently issued
in the matter, Jaconi failed to act with
reasonable diligence and promptness in
representing a client, in violation of SCR
20:1.3.
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COUNT THREE: By failing to keep M.N.
informed about the status of her matter and
by failing to promptly respond to her
requests for information, Jaconi failed to
respond to reasonable requests for
information, in violation of SCR 20:1.4(a).
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COUNT FOUR: By failing to promptly
refund an unearned retainer, Jaconi failed
to take steps to the extent reasonably
practicable to protect a client's interest,
in violation of SCR 20:1.16(d).
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COUNT FIVE: By writing and providing
to M.N. his $600 check on his law firm
account that Jaconi knew could not be
cashed, Jaconi engaged in conduct involving
dishonesty, fraud, deceit or
misrepresentation, in violation of SCR 20:8.4
(c).
II. REPRESENTATION OF T.O.
COUNTS SIX THROUGH NINE
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11. The OLR complaint alleged, and Jaconi
now
stipulates, that on November 28, 2001, T.O.
hired Jaconi to represent her in municipal
court in DePere on charges of operating
while intoxicated, operating with a
prohibited blood alcohol content,
obstruction, and operating after suspension.
Jaconi appeared with T.O. at her initial
appearance at which she entered a not guilty
plea. At that time, T.O. informed Jaconi
that her primary concern was with the OWI
charge; he assured her that he would get
that charge reduced. T.O. paid Jaconi $250
as half payment of the flat fee of $500 he
had agreed to accept to represent her.
12. T.O. called Jaconi numerous times
over
the next two-week period but received no
response from him until December 13, 2001,
when he called and asked her to meet him
that evening. She did so and Jaconi again
assured her that he would get the OWI charge
reduced; he also stated that he could get
the other charges dropped. At that meeting,
T.O. wrote Jaconi a check for the remaining
$250 on his agreed upon fee. According to
T.O., Jaconi promised to provide her a
receipt for those payments and stated that
he would call her with respect to the status
of her case. However, between December 13,
2001, and January 3, 2002, Jaconi failed to
respond to T.O.'s numerous telephone calls.
13. On January 3, 2002, Jaconi
telephoned
T.O. and told her that her trial was
scheduled for that evening. T.O. had not
received any prior notice of that trial
date; nor had she received anything in
writing from Jaconi about the scheduled
trial. Jaconi told T.O. that she would be
pleading no contest to the OWI charge. When
T.O. again told him that she did not want to
plead no contest to the OWI count, Jaconi
told her that he would talk to the
prosecuting attorney and get back to her
before the trial. He did not do so. Instead,
on January 3, 2002, Jaconi appeared in
municipal court on T.O.'s behalf and entered
a plea of no contest for her to the OWI
charge. She was not present at that hearing.
14. As part of the penalty for the OWI
violation, T.O.'s driver's license was
suspended for seven months. Jaconi, however,
did not inform T.O. about the seven-month
suspension or about the disposition of her
OWI case, and despite her repeated telephone
calls to him after January 3, 2002, Jaconi
never responded.
15. On February 28, 2002, T.O. sent a
certified letter to Jaconi dismissing him as
her attorney and requesting an accounting
for the $500 fee she had paid. She also
asked for copies of all the paperwork
pertaining to her case. That certified
letter was returned unclaimed.
16. After the OWI charge against her had
been resolved in municipal court, T.O.
continued to drive unaware that her license
had been suspended for seven months.
Subsequently, she received a citation for
operating after suspension.
17. Based on this admitted course of
conduct, the OLR complaint charged Jaconi
with an additional four counts of
misconduct, to which he now stipulates:
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COUNT SIX: By failing to maintain
proper communication with T.O., Jaconi
failed to keep a client reasonably informed
about the status of a matter and promptly
comply with reasonable requests for
information, in violation of SCR 20:1.4(a).
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COUNT SEVEN: By failing to adequately
explain to T.O. her plea options so she
could make informed decisions regarding her
representation, Jaconi failed to explain a
matter to the extent reasonably necessary to
permit the client to make informed decisions
regarding the representation, in violation
of SCR 20:1.4(b).
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COUNT EIGHT: By failing to abide by
T.O.'s decision not to plead no contest to
the OWI charge, Jaconi failed to abide by a
client's decisions concerning the objectives
of representation and consult with the
client as to the means by which they are to
be pursued, in violation of SCR 20:1.2(a).
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COUNT NINE: By failing to provide
T.O. with documents relating to the
disposition of her case, and by failing to
provide T.O. with an accounting of the $500
she paid him, Jaconi failed to take steps to
the extent reasonably practicable to protect
a client's interests, in violation of SCR
20:1.16(d).
III. REPRESENTATION OF J.Y.
COUNTS TEN THROUGH TWELVE
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18. The OLR complaint alleged, and Jaconi
now
stipulates, that on August 8, 2001, Jaconi
agreed to represent J.Y. and commence a
divorce action on J.Y.'s behalf for a flat
fee of $1200. On August 8, 2001, J.Y.'s
friend paid $200 to Jaconi toward that fee.
On November 20, 2001, J.Y. paid Jaconi $125;
then on January 25, 2002, J.Y. paid Jaconi
an additional $50.
19. J.Y. also discussed with Jaconi a
potential medical malpractice claim and gave
Jaconi copies of J.Y.'s medical records and
medication histories concerning that claim.
20. After their initial August 8, 2001,
conference, J.Y. had only one additional
meeting with Jaconi. After that second
meeting, J.Y. had no further contact with
Jaconi.
21. Jaconi never prepared a petition for
divorce on J.Y.'s behalf nor did he return
J.Y.'s repeated telephone calls about the
matter. On March 13, 2002, J.Y. sent Jaconi
a certified letter terminating his
representation and requesting the return of
the money that had been paid toward Jaconi's
fee. After three attempts at delivery,
J.Y.'s letter was returned by the post
office as unclaimed.
22. Jaconi subsequently informed the OLR
investigators that he was willing to refund
the money J.Y. and his friend had paid but
Jaconi feared that might be construed as an
attempt by him to inappropriately influence
an OLR grievant. Jaconi was advised by the
OLR that he could refund J.Y.'s money and it
would not be construed as an attempt by him
to influence a grievant. Despite that
assurance, Jaconi never refunded J.Y.'s
payments and has not returned J.Y.'s medical
documents.
23. Based on this admitted course of
conduct,
the OLR complaint charged Jaconi with three
counts of professional misconduct, to which
he now stipulates:
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COUNT TEN: By failing to commence a
divorce action on behalf of J.Y. over the
course of six months, Jaconi failed to act
with reasonable diligence and promptness in
representing a client, in violation of SCR
20:1.3.
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COUNT ELEVEN: By failing to respond
to J.Y.'s phone calls or otherwise
communicate with J.Y. after the two initial
meetings, and by failing to accept a
certified letter from J.Y., Jaconi failed to
keep a client reasonably informed about the
status of a matter and promptly comply with
reasonable requests for information, in
violation of SCR 20:1.4(a).
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COUNT TWELVE: By failing to return
J.Y.'s money, and by failing to return the
materials relating to J.Y.'s malpractice
claim, Jaconi failed to take steps to the
extent reasonably practicable to protect a
client's interests, in violation of SCR
20:1.16(d).
REPRESENTATION OF D.C.
COUNTS THIRTEEN AND FOURTEEN
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24. The OLR complaint alleged, and Jaconi
now
stipulates, that in November 2001 D.C. hired
Jaconi to represent her in a divorce action
for a $1200 flat fee. She paid him $800 of
that agreed upon fee. D.C. was thereafter
hired by Jaconi to work in his office;
however, based on her observations there,
she changed her mind about having him
represent her in her divorce action. D.C.
then requested a refund of the $800 fee she
had paid. On December 14, 2001, she met with
Jaconi and he gave her a check drawn on his
law office account in that amount. Jaconi
asked her, however, to wait until December
17, 2001, to cash the check.
25. After December 17, 2001, D.C.
contacted
Jaconi's bank on several occasions to
determine if there were sufficient funds in
his account to cover the check. Each time
she was advised that there were not. Jaconi
subsequently closed that account on January
2, 2002. Thereafter, D.C. made several
unsuccessful attempts to contact Jaconi
about the return of her money and about the
worthless check he had given her. She
subsequently filed a complaint with the
Kewaunee County Sheriff's Department. After
Jaconi was contacted by the sheriff's
department, he returned D.C.'s $800 and also
paid the handling fee charged by the
sheriff's department. D.C. then withdrew her
complaint.
26. Based on this admitted course of
conduct,
the OLR complaint charged Jaconi with an
additional two counts of professional
misconduct, to which he now stipulates:
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COUNT THIRTEEN: By failing to have
sufficient funds in his law office account
to cover the $800 refund check he issued to
D.C., and by not returning those funds to
D.C. until she had filed a complaint with
the Kewaunee County Sheriff's Department,
Jaconi failed to take steps to the extent
reasonably practicable to protect a client's
interests, and failed to refund an advance
payment of fee that had not been earned, in
violation of SCR 20:1.16(d).
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COUNT FOURTEEN: By providing to D.C.
his $800 check on his law firm account that
Jaconi knew could not be cashed, Jaconi
engaged in conduct involving dishonesty,
fraud, deceit or misrepresentation, in
violation of SCR 20:8.4(c).
IV. REPRESENTATION OF R.J.
COUNTS FIFTEEN AND SIXTEEN
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27. The OLR complaint alleged, and Jaconi
now
stipulates, that in June 2001 Jaconi was
appointed by the state public defender to
represent R.J. in a felony criminal matter
in Brown County Circuit Court. Jaconi
represented R.J. until December 12, 2001, at
which time successor counsel was appointed.
Jaconi did not represent R.J. at the time of
the disposition of the criminal matter.
28. Between July 2001 and October 15,
2001,
R.J. and/or his family members made numerous
telephone calls to Jaconi attempting to
discuss or learn the status of the criminal
matter. All of those calls were unanswered.
In addition, on one occasion Jaconi failed
to be available for a prearranged conference
call with R.J., and Jaconi failed to visit
R.J. in prison.
29. Jaconi appeared at R.J.'s
arraignment on
July 16, 2001, and again at R.J.'s final
pretrial conference on October 15, 2001.
Prior to those appearances, R.J. had
informed Jaconi that he did not want to
enter into a plea agreement; rather, R.J.
told Jaconi that he wanted to proceed to
trial on the criminal charge. Despite that
instruction, Jaconi wrote a letter to the
assistant district attorney handling the
criminal matter inquiring about the
possibility of a plea bargain. The
prosecutor responded with a proposed plea
agreement but Jaconi did not inform R.J.
about that correspondence.
30. At R.J.'s October 15, 2001, pretrial
conference, Jaconi urged R.J. to accept the
plea bargain because R.J. was already in
prison. Again R.J. told Jaconi that he
wanted to go to trial on the criminal
charge. Despite R.J.'s repeated statements
that he wanted a trial, Jaconi did not
undertake thorough pretrial preparations.
When R.J. later told Jaconi that he wanted
someone else to represent him, Jaconi
withdrew as counsel.
31. Based on this admitted course of
conduct
regarding his representation of R.J., the
OLR complaint charged Jaconi with an
additional two counts of professional
misconduct, to which he now stipulates:
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COUNT FIFTEEN: By failing to prepare
for a trial, and instead pursuing a plea
agreement with the district attorney when
his client was adamant from the outset that
he wanted to go to trial, Jaconi failed to
act with reasonable diligence and promptness
in representing a client, in violation of
SCR 20:1.3.
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COUNT SIXTEEN: By failing to respond
to reasonable requests for information and
by failing to keep R.J. reasonably informed
about the status of a matter from July 2001
to October 15, 2001, Jaconi failed to keep a
client reasonably informed about the status
of a matter and promptly comply with
reasonable requests for information, in
violation of SCR 20:1.4(a).
V. REPRESENTATION OF V.S.
COUNTS SEVENTEEN AND EIGHTEEN
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32. The OLR complaint alleged, and Jaconi
now
stipulates, that on September 20, 2001, V.S.
hired Jaconi to represent him in a small
claims matter and paid Jaconi $200 toward
the agreed upon $500 flat fee. Jaconi
thereafter filed a small claims action on
December 6, 2001, naming K Motors as the
defendant. V.S. subsequently notified Jaconi
that K Motors had not been served with a
small claims summons and complaint because
that defendant had changed its name to Easy
Auto Sales.
33. At the initial return date of
December
26, 2001, Jaconi appeared in the small
claims action; however, because an amended
complaint was needed naming Easy Auto Sales
as the defendant, an adjourned return date
of January 14, 2002, was scheduled. After
December 26, 2001, however, V.S. was unable
to reach Jaconi despite his numerous
attempts to do so by telephone and letter.
Four subsequent return dates were adjourned
because Jaconi failed to appear.
34. V.S. then sent a letter to Jaconi
expressing displeasure about the quality of
Jaconi's services and complaining that
Jaconi had not returned his telephone calls
and had failed to appear on the scheduled
court dates. In that letter, V.S. informed
Jaconi that the next court date was April
10, 2002, and asked Jaconi to contact him
before that date. Jaconi did not do so. On
April 10, 2002, Jaconi appeared in the small
claims matter. However, because he had not
contacted V.S. prior to that return date,
Jaconi was unaware that V.S. would be unable
to appear at that date because of a work
conflict. The small claims action was then
dismissed on that date because of V.S.'s
failure to appear.
35. Based on this admitted course of
conduct
regarding his representation of V.S., the
OLR complaint charged Jaconi with an
additional two counts of professional
misconduct, to which he now stipulates:
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COUNT SEVENTEEN: By failing to appear
at several court dates and by failing to
file and serve necessary amended pleadings,
Jaconi failed to act with reasonable
diligence and promptness in representing a
client, in violation of SCR 20:1.3.
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COUNT EIGHTEEN: By failing to respond
to V.S.'s numerous telephone and written
inquiries, Jaconi failed to keep a client
reasonably informed about the status of a
matter and promptly comply with reasonable
requests for information, in violation of
SCR 20:1.4(a).
VII. REPRESENTATION OF V.S.
COUNTS NINETEEN AND TWENTY
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36. The OLR complaint alleged, and Jaconi
now
stipulates, that in late 2001 V.S. contacted
Jaconi about representing V.S. and J.B. in
an ordinance violation matter involving
V.S.'s alleged use of J.B.'s hunting
license. On January 8, 2002, V.S. paid
Jaconi a flat fee of $250 for the
representation. The matter was scheduled for
a plea hearing on January 22, 2002. Prior to
that date, V.S. left several telephone
messages for Jaconi but received no response
from him.
37. On the January 22, 2002, plea-
hearing
date, Jaconi did not appear. Instead,
without informing V.S., Jaconi entered a
written appearance and a plea of not guilty
on V.S.'s and J.B.'s behalf. Both J.B. and
V.S. personally appeared at that January 22
hearing. After that hearing, V.S. left over
30 telephone messages for Jaconi but
received no response from him.
38. On February 20, 2002, V.S. filed a
grievance with the OLR complaining about
Jaconi's failure to respond to his repeated
inquiries. It was only after V.S. received a
copy of Jaconi's response to that grievance
that V.S. discovered that a trial date in
the ordinance matter had been set for June
21, 2002. Jaconi appeared at that June 21
court trial but neither V.S. nor J.B. had
been contacted by Jaconi prior to that trial.
39. Based on admitted course of conduct
regarding his representation of V.S. and
J.B., the OLR complaint charged Jaconi with
an additional two counts of professional
misconduct, to which he now stipulates:
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COUNT NINETEEN: By failing to appear
on the plea date when he had not informed
his clients that he did not intend to
appear, and by failing to contact his
clients prior to June 21, 2002 to prepare
for trial, Jaconi failed to act with
reasonable diligence and promptness in
representing a client, in violation of SCR
20:1.3.
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COUNT TWENTY: By failing to return
V.S.'s telephone calls, by failing to have
any contact with his clients, either written
or oral between January 8, 2002 and the
trial on June 21, 2002, Jaconi failed to
keep a client reasonably informed about the
status of a matter and promptly comply with
reasonable requests for information, in
violation of SCR 20:1.4(a).
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40. As noted, Jaconi has now stipulated to
these
20 counts of misconduct as alleged by the
OLR in its complaint. He admits the facts
and the misconduct and agrees that a one-
year suspension of his license to practice
law in this state is an appropriate sanction
for that misconduct. He also agrees with the
OLR that he should be ordered to refund $500
to T.O., $175 to J.Y., and $200 to J.Y.'s
friend who paid that amount to Jaconi as
part of the flat fee in the J.Y. matter.
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41. We approve the stipulation and
determine
that the seriousness of Jaconi's misconduct
warrants a suspension of his license to
practice law in this state for one year.
Jaconi's admitted acts are serious
violations of the Rules of Professional
Conduct governing lawyers in this state. We
also agree that Jaconi should make the
refunds in the stipulated amounts.
42. IT IS ORDERED that the license of
Jevon
Jones Jaconi to practice law in Wisconsin is
suspended for a period of one year,
effective the date of this order.
43. IT IS FURTHER ORDERED that Jevon
Jones
Jaconi comply with the provisions of SCR
22.26 regarding the duties of a person whose
license to practice law in Wisconsin has
been suspended.
44. IT IS FURTHER ORDERED that within
60
days of the date of this order Jevon Jones
Jaconi shall make refunds in the amounts and
to the persons as stipulated. If those
refunds are not paid within 60 days, and
absent a showing to this court of his
inability to make such refunds within that
time, the license of Jevon Jones Jaconi to
practice law in Wisconsin shall remain
suspended until further order of this court.
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