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Attorney Douglas E. Batt, 48, currently
practices in Milwaukee, Wisconsin. This
reprimand is based on the following
conduct.
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On December 8, 2005, there was a $129.84
overdraft on Atty. Batt’s client trust
account when Atty. Batt made a cash
withdrawal of $150.00. Atty. Batt
indicated that the overdraft stemmed from
two mistakes: a recording error relating to
an April 2005 deposit, which overstated the
amount deposited by $100.00; and a failure
to record the return of a $410.00 deposit
item in September 2005.
Following the overdraft, OLR audited
Atty.
Batt’s trust account for the period between
April 30, 2005 and March 3, 2006. During
that time, Atty. Batt maintained neither a
business account nor a personal account and
routinely deposited earned fees and rent
income into his trust account. Between
August 2005 and March 2006, he deposited 23
State Public Defender checks, totaling
$26,128.01, into the trust account. In
addition, between June and December of
2005, Atty. Batt deposited 12 rent checks,
totaling $5,405.00, into his trust
account. He also deposited a $1,500.00
loan from a relative to the trust account.
OLR’s audit also revealed numerous cash
transactions in the trust account. Between
June 2005 and March 2006, Atty. Batt made
56 cash withdrawals from his trust account,
totaling $18,167.00, and took 16 cash
withdrawals from deposits to the account,
totaling $3,154.44. In addition, between
May 2005 and March 2006, Atty. Batt
disbursed 38 checks, totaling $29,943.00,
which were payable to “Cash.” None of the
cash disbursements or withdrawals involved
funds belonging to clients or third parties.
The audit further revealed that, between
June and November of 2005, Atty. Batt
authorized one of his creditors to make
three automated withdrawals from the trust
account, totaling $666.61.
Finally, the audit disclosed a
number of trust account record keeping
deficiencies. Atty. Batt failed to
identify the source of any of the deposits
to the account in his transaction register,
including the deposits that related to
client matters. With respect to the
transactions relating to two client
matters, he failed to identify the client
associated with any of the deposits or
disbursements. Finally, Atty. Batt failed
to regularly reconcile his trust account.
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By depositing a $1,500.00 personal loan to
his trust account and by depositing and
holding $26,128.01 in earned fees and
$5,405.00 in rental income in his trust
account, Atty. Batt deposited and retained
funds belonging to himself in his client
trust account, in violation of SCR 20:1.15
(b)(3).
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By failing to maintain a business account,
despite the fact that he occasionally
receives funds that must be held in trust,
Atty. Batt failed to maintain at least one
demand account, other than the trust
account, for funds received and disbursed
other than in the lawyer's trust capacity,
in violation of SCR 20:1.15(e)(8).
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By making 56 cash withdrawals from his
trust account, totaling $18,167.00, and 16
withdrawals from deposits to his trust
account, totaling $3,154.44; and by
disbursing 38 checks, totaling $29,943.00,
which were payable to “Cash,” Atty. Batt
violated each element of SCR 20:1.15(e)(4)a.
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By allowing one of his business creditors
to electronically withdraw funds from his
trust account on three separate occasions,
Atty. Batt authorized a 3rd party to
electronically withdraw funds from a trust
account, in violation of SCR 20:1.15(e)(4)d.
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By failing to record the sources of
deposits in his transaction register, and
the identity of the clients for whom funds
were deposited or disbursed, Atty. Batt
failed to comply with the recordkeeping
requirements for a transaction register, in
violation of SCR 20:1.15(f)(1)a.1. and SCR
20:1.15(f)(1)a.4.
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By failing to reconcile his trust account,
Atty. Batt failed to prepare and retain a
printed reconciliation report on a regular
and periodic basis not less frequently than
every 30 days, in violation of SCR 20:1.15
(f)(1)g.
In accordance with SCR 22.09(3),
Attorney Douglas E. Batt is hereby publicly
reprimanded. In addition, Attorney Batt is
required to attend an OLR-sponsored Trust
Account Management Seminar within one year
of the date of this reprimand, and
successfully complete a test at the
conclusion of that seminar.
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