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The Respondent, Michael G. Trewin, 46,
practices in New London, Wisconsin. This
reprimand is based on the following
conduct.
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On July 27, 2004, the Supreme Court
suspended Attorney Trewin’s license for
five months, effective August 31, 2004, and
ordered him to comply with the requirements
of Supreme Court 22.26. See
Disciplinary Proceedings Against
Trewin, 2004 WI 116, 275 Wis. 2d 116, 684
N.W.2d 121 (2004).
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On September 22, 2004, Attorney Trewin
signed an affidavit required by SCR 22.26(1)
(e), which OLR received on September 24,
2004. Paragraph 1 of that affidavit stated:
That I have complied with all of the
provisions of SCR 22.26, as I have notified
all clients that my license to practice law
has been suspended, and have informed the
courts in which I previously had pending
matters of the suspension.
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Paragraph 3 of the affidavit stated “That
the following is a list of all pending
matters, prior to August 31, 2004, that I
was involved in:” and listed matters
involving several clients. On February 10,
2005, Attorney Trewin filed an affidavit
required for his reinstatement, pursuant to
SCR 22.28(2). In that affidavit, he stated
that he mistakenly omitted 5 cases from his
affidavit of September 22, 2004, “but did
inform the clients of the suspension, and
in three of the matters, filed stipulations
to withdraw or substitute counsel . . . .”
The affidavit listed those five clients.
On February 16, 2005, the Office of
Lawyer Regulation (OLR) reported to the
Court that while Attorney Trewin had not
fully complied with the terms of the
suspension order, reinstatement should be
granted. On February 17, 2005, the Court
reinstated Attorney Trewin’s license to
practice law.
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Investigation revealed that Attorney Trewin
had failed to notify the court and opposing
counsel of his suspension before the
effective date of his suspension in several
cases, including In Re Besaw,
Bankruptcy
Case #04-28163 E.D. Wis.; Cavalry v.
Brasch, Waupaca County Case #
2004SC000618;
In Re DaWalt, Bankruptcy Case Number
#04-
29527 E.D. Wis.; In Re Drozd,
Bankruptcy
Case #04-32324 E.D. Wis.; In Re
Esselman,
Bankruptcy Case #04-31671 E.D. Wis.; In
Re
George, Bankruptcy Case # 04-31687 E.D.
Wis.; In Re Groshek, Bankruptcy Case #1-
04-
11858 W.D. Wis.; In Re Larsen,
Bankruptcy
Case #04-30446 E.D. Wis.; In Re
Moderson,
Bankruptcy Case #04-30449 E.D. Wis.; In
Re
Schiedermayer, Bankruptcy Case #03-02333
E.D. Wis., (Adversary Proceeding on behalf
of James Schiedermayer); In Re Shafer,
Jr.,
Bankruptcy Case # 04-32318 E.D. Wis.;
Badgerland v. Shafer, Fond du lac
County
Case # 2003CV000452; In Re Shafer, Sr.,
Bankruptcy Case # 04-32321 E.D. Wis.; In
Re
Sowatzke, Bankruptcy Case #04-29530 E.D.
Wis.; State v. Van Straten, Outagamie
County Case #2004FO000220); and In Re
Wohlrabe, Bankruptcy Case #04-28165 E.D.
Wis.
Investigation revealed that Attorney Trewin
had failed to notify the court and opposing
counsel of his suspension before the
effective date of his suspension in several
cases, including Ellis v. Jones, Sauk
County Case number 2003SC001082.
Investigation further revealed that
Attorney Trewin failed to notify the court
of his suspension before the effective date
of his suspension in these additional
cases: Menominee Gas Inc. v. Chevalier,
Menominee County Case Number 2004CV000016;
F&M Bank v. Vaughan, Waupaca County
Case #
2004CV000229; and Fowler v. Shafer,
Winnebago County Case # 2003CV000524.
Attorney Trewin represented F&M Bank in
F&M
Bank v. Vaughan, Waupaca County Case #
2004CV000229. He also represented the
petitioners in bankruptcy (In Re
Groshek,
Bankruptcy Case #1-04-11858 W.D. Wis.).
F&M Bank was a creditor of the bankruptcy
petitioners; its interest in the bankruptcy
was adverse to the petitioners. Attorney
Trewin simultaneously represented both
parties from June 14, 2004, to at least
August 30, 2004.
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By failing to list all matters pending
before any court in his affidavit of
September 22, 2004, Attorney Trewin
violated SCR 20:8.4(f) and SCR 22.26(1)(e)
(iii).
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By failing to notify the Court and
attorneys for other parties in writing on
or before the effective date of his license
suspension concerning his inability to act
as an attorney after the effective date of
his suspension, Attorney Trewin violated
SCR 20:8.4(f) and SCR 22.26(1)(c).
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By representing petitioners in In Re
Groshek, Bankruptcy Case #1-04-11858,
when that representation was directly
adverse to another client, F&M Bank-
Wisconsin, whom he concurrently represented
in F&M Bank v. Vaughan, Waupaca County
Case # 2004CV000229, Attorney Trewin
violated SCR 20:1.7(a).
In accordance with SCR 22.09(3), Attorney
Michael G. Trewin is hereby publicly
reprimanded.
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