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ATTORNEY disciplinary
proceeding. Attorney's license
revoked.
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¶1 PER CURIAM. Attorney Mark G.
Pierquet has filed a petition for
consensual license revocation pursuant to
SCR 22.19 stating that he cannot
successfully defend against 32 counts of
professional misconduct charged in a
pending disciplinary action as well as
other allegations of misconduct currently
under investigation.
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¶2 Attorney Pierquet was admitted to
practice law in Wisconsin in 2001 and
practiced in Menasha. In 2005 he was
publicly reprimanded for failing to reduce
a contingent fee agreement to writing;
failing to act with reasonable diligence
and promptness in representing a client;
engaging in conduct involving dishonesty,
fraud, deceit or misrepresentation; and
failing to abide by a client's decision
concerning the objectives of a
representation and failing to consult with
the client. In addition to the public
reprimand, Attorney Pierquet was ordered to
continue medical treatment, comply with all
treatment recommendations, and biannually
provide full medical treatment records for
two years following the date of this
court's order. See In re
Disciplinary Proceedings Against
Pierquet, 2005 WI 147, 286 Wis. 2d 87,
705 N.W.2d 90.
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¶3 On July 25, 2006, this court
temporarily suspended Attorney Pierquet's
license based on his failure to comply with
the conditions imposed on his practice of
law and also for his willful failure to
respond or cooperate in pending Office of
Lawyer Regulation (OLR) grievance
investigations. His license remains
suspended.
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¶4 The 32 counts of misconduct arise
from 12 client matters. Counts 1 and 2
involve the failure to provide competent
representation to a client, contrary to SCR
20:1.1 and failing to disclose all facts
and circumstances pertaining to alleged
misconduct, in violation of SCR 22.03(2)
and SCR 22.03(6), actionable pursuant to
SCR 20:8.4(f).
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¶5 Counts 3 and 4 involve failing to
explain a matter to the extent reasonably
necessary to permit a client to make
informed decisions regarding
representation, in violation of SCR 20:1.4
(b) and willfully failing to cooperate with
the OLR, in violation of SCR 21.15(4).
Count 5 also involves failing to disclose
all facts and circumstances pertaining to
alleged misconduct.
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¶6 Counts 6—9 involve failing to act
with reasonable diligence and promptness in
representing a client, in violation of SCR
20:1.3; failing to keep a client reasonably
informed about the status of a matter, in
violation of SCR 20:1.4(a); failing to take
steps to the extent reasonably practicable
to protect a client's interests upon
termination of representation, in violation
of SCR 20:1.16(d); and willfully failing to
cooperate with the OLR.
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¶7 Counts 10—13 involve failing to
reduce a contingent fee agreement to
writing, in violation of SCR 20:1.5(c);
failing to abide by his client's decisions
concerning the objectives of
representation, failing to consult with his
client as to the means by which they are to
be pursued, and failing to inform his
client of all offers of settlement and
abide by a client's decision whether to
accept an offer of settlement, in violation
of SCR 20:1.2(a); failing to take steps to
the extent reasonably practicable to
protect a client's interests upon
termination of representation, in violation
of SCR 20:1.16(d); and willfully failing to
cooperate with the OLR.
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¶8 Counts 14—16 involve failing to act
with reasonable diligence and promptness in
representing a client, in violation of SCR
20:1.3; failing 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); and willfully failing to disclose all
facts and circumstances pertaining to
alleged misconduct, in violation of SCR
22.03(2), actionable pursuant to SCR 20:8.4
(f). Count 17 involves willfully failing
to disclose all facts and circumstances
pertaining to alleged misconduct, in
violation of SCR 22.03(2), actionable
pursuant to SCR 20:8.4(f).
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¶9 Counts 18—21 involve failing to
communicate the basis or rate of the fee to
his client, before or within a reasonable
time after commencing the representation,
in violation of SCR 20:1.5(b); failing 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); failing to take
steps to the extent reasonably practicable
to protect a client's interests upon
termination of the representation, in
violation of SCR 20:1.16(d); and willfully
failing to disclose all facts and
circumstances pertaining to alleged
misconduct, in violation of SCR 22.03(2),
actionable pursuant to SCR 20:8.4(f).
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¶10 Counts 22 and 23 involve failing to
take appropriate steps to protect a
client's interests upon termination of the
representation, in violation of SCR 20:1.16
(d); and willfully failing to disclose all
facts and circumstances pertaining to
alleged misconduct, in violation of SCR
22.03(2), actionable pursuant to SCR 20:8.4
(f).
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¶11 Counts 24—27 involve failing to act
with reasonable diligence and promptness in
representing a client, in violation of SCR
20:1.3; failing 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); failing to deposit a client's monies
in an identifiable trust account, in
violation of SCR 20:1.15(b)(1); and
willfully failing to disclose all facts and
circumstances pertaining to alleged
misconduct, in violation of SCR 22.03(2),
actionable pursuant to SCR 20:8.4(f).
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¶12 Counts 28 and 29 involve failing to
take steps to the extent reasonably
practicable to protect a client's interests
upon termination of representation, in
violation of SCR 20:1.16(d); and willfully
failing to disclose all facts and
circumstances pertaining to alleged
misconduct, in violation of SCR 22.03(2),
actionable pursuant to SCR 20:8.4(f).
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¶13 Counts 30—32 involve failing to act
with reasonable diligence and promptness in
representing a client, in violation of SCR
20:1.3; failing to take steps to the extent
reasonably practicable to protect a
client's interests upon termination of
representation, in violation of SCR 20:1.16
(d); and willfully failing to cooperate
with the OLR, in violation of SCR 21.15(4),
as well as failing to disclose all facts
and circumstances pertaining to alleged
misconduct, in violation of SCR 22.03(2)
and SCR 22.03(6), actionable pursuant to
SCR 20:8.4(f).
¶14 Ten additional grievances are under
investigation.
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¶15 In response to this court's order
to show cause, the OLR recommends that
Attorney Pierquet be ordered to repay the
State Bar of Wisconsin Lawyers' Fund for
Client Protection $14,447.47, and that he
be ordered to make restitution of $250 to
L.C. and $50 to D.G.
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¶16 Attorney Pierquet submits under SCR
22.19(2) that he cannot successfully defend
against the allegations of either the
pending disciplinary proceeding or the
grievances currently under investigation.
He states that he has carefully considered
his options; that he is freely, voluntarily
and knowingly filing the petition for
consensual license revocation; and that he
knows he is giving up his right to a public
hearing as well as his right to contest
each misconduct allegation.
¶17 IT IS ORDERED that the license of
Mark G. Pierquet to practice law in
Wisconsin is revoked effective the date of
this order.
¶18 IT IS FURTHER ORDERED that Mark G.
Pierquet shall comply with the provisions
of SCR 22.26 concerning the duties of an
attorney whose license to practice law have
been revoked, to the extent he has not
already done so.
¶19 IT IS FURTHER ORDERED that within
60 days of the date of this order Mark G.
Pierquet shall pay the State Bar of
Wisconsin Lawyers' Fund for Client
Protection $14,447.47 and shall further
make restitution of $250 to L.C. and $50 to
D.G.
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