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The Court entered the following order on
this date:
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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.
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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.
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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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