|
Respondent represented a client as the
petitioner in a divorce action filed in
circuit court on September 21, 2007. On
September 24, 2007, Respondent went to the
adverse party’s workplace to personally
serve her with the Summons and Petition for
Divorce. While walking down a hallway in
search of the adverse party’s office, the
Respondent encountered three of the adverse
party’s co-workers, who indicated to
Respondent that the adverse party was not
present at that time. Respondent then
handed the Summons and Petition to one of
the co-workers and asked that the papers be
given to the adverse party. The co-worker
did so, and upon receipt of the divorce
papers, the adverse party signed an
admission of service.
On October 19, 2007, Respondent filed in
circuit court an affidavit of service, which
stated in total:
Roger Merry, being first duly sworn on
oath, deposes and says that on the 24th day
of September, 2007, at 9:30 o’clock a.m., he
personally hand served [the adverse party] a
true and correct copy of the Summons and
Petition for Divorce.
Respondent had not, in fact,
personally hand-served the adverse party
with the Summons and Petition for Divorce.
Under sec. 801.11(1), Stats., which governs
service of process for the purpose of
obtaining personal jurisdiction, service
upon a party may not be properly obtained by
leaving papers with a person other than the
party at the party’s workplace.
By filing an affidavit of service in circuit
court, falsely stating that he had
personally hand-served the adverse party in
the divorce, Respondent violated the
following Rules of Professional Conduct:
|
|
• SCR 20:3.3(a)(1), which states, “A
lawyer shall not knowingly…make a false
statement of fact or law to a tribunal or
fail to correct a false statement of
material fact or law previously made by the
tribunal by the lawyer.”
• SCR 3.3(a)(3), which states in
part, “A lawyer shall not knowingly…offer
evidence that the lawyer knows to be
false...”
• SCR 20:8.4(c), which states, “It is
professional misconduct for a lawyer to…
engage in conduct involving dishonesty,
fraud, deceit or misrepresentation.
|
|
Respondent’s prior discipline consists of a
1990 private reprimand for engaging in a
conflict of interest; a 1993 public
reprimand for a conflict of interest, trust
account violations, misrepresentations to a
receiver, and misrepresentations to the
former Board of Attorneys Professional
Responsibility; a 1994 private reprimand for
failing to properly communicate with a
client; and a 1999 public reprimand for a
conflict of interest.
In accordance with SCR 22.09(3), Attorney
Roger Merry is hereby publicly reprimanded.
|