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The Respondent, Attorney Sallie L. Rubenzer,
practices in West Bend, Wisconsin.
On April 23, 2007, a client hired Respondent
to represent her in a divorce. The client
gave Respondent an initial payment of $2000
and agreed to be billed at the rate of $180
an hour for Respondent’s services.
Over the course of the ensuing year,
Respondent conducted discovery, engaged in
negotiations with the client’s husband’s
attorney regarding marital property division
issues, including the client’s ownership of
a business she operated, child support and
custody, and performed other services on the
client’s behalf. The negotiations
ultimately resulted in a stipulated Marital
Settlement Agreement.
The final divorce hearing was scheduled to
be heard at 11:30 a.m. on May 22, 2008.
According to the client, when Respondent
appeared five minutes before the scheduled
time, she was completely intoxicated and
disheveled.
At the beginning of the hearing, the judge
stated:
All right. I would like to make a
record; and first my conversation with [the
client’s] attorney. It was brought to my
attention today by several sources that
Attorney Rubenzer appeared to be impaired.
One of the individuals indicating this to me
was a professional trained law enforcement
officer, who has training in identifying the
impaired. But from my own observations it’s
clear that she is very, very substantially
impaired, not just at a minor level.
The judge said he would not allow Respondent
to appear in her “state.”
The client terminated Respondent’s
representation and chose to appear pro
se rather delay the divorce any longer.
The judge indicated that if, at any time,
the client felt uncomfortable or changed her
mind, he would grant an adjournment to allow
the client time to consult with an attorney.-
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The hearing proceeded on May 22, 2008 and
the divorce was granted. Findings of Fact,
Conclusions of Law and Judgment that had
been previously drafted by Respondent and
submitted to the client’s husband’s attorney
for approval, were accepted and filed on
that date. During the course of the
representation, Respondent periodically
asked for, and received, additional payments
from the client. The client’s payments to
Respondent totaled $8300. The client’s last
payment of $800 was made on May 7, 2008.
In a letter dated June 1, 2008, the client
asked Respondent for a full refund of the
fees she had paid. According to the client,
Respondent’s inability to represent her at
the final hearing was unprofessional and
inexcusable.
In a June 6, 2008 response to the client’s
letter, Respondent refunded $871 to the
client, which amount represented $169 in
unearned fees and $702 in payment for
services Respondent had provided between
April 28, 2008 and May 19, 2008.
Additionally, Respondent agreed not to bill
the client for $648 in services rendered
between May 19 and May 21, 2008. Respondent
concluded her letter by stating, “I hope you
will accept these payments with my deepest
apologies for any distress this has caused
you.”
The client continues to state that she is
entitled to “full reimbursement for all
services paid.”
In response to the grievance, Respondent
said she does not normally keep alcohol in
her house because she is a recovering
alcoholic, but on May 21, 2008 she had a
bottle of wine on hand that she had
purchased for consumption by others at an
upcoming get-together. Respondent said she
has chronic insomnia and was unable to sleep
the night before the May 22, 2008 hearing.
Respondent said she took an over-the-counter
sleep aid at 12:00 a.m. and, to her “great
shame,” when she still could not sleep, she
began drinking the bottle of wine about
12:30 a.m. Respondent said she finished
the bottle about 3:30 a.m.
Respondent did not believe she was
intoxicated when she appeared in court eight
hours later. Respondent said she never
slept the night before, and the sleep
deprivation might have partially accounted
for the witnesses’ impression of her at the
hearing.
Respondent believes that, despite her
unavailability for the May 22, 2008 hearing,
the Marital Settlement Agreement was very
favorable to the client and that she
achieved an excellent result for her client.
Respondent states that she takes her relapse
very seriously, that she has returned to
regular attendance at Alcoholics Anonymous
meetings, and that she has a sponsor.
Additionally, Respondent said she did not
drive to court on May 22, 2008, not because
she believed she was intoxicated, but
because she did not have a valid driver’s
license at the time.
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Aside from her conduct at the May 22, 2008
hearing, Respondent’s representation was
otherwise satisfactory and a reasonable
outcome was obtained by her client in the
divorce.
By appearing in court to represent a client
at a final divorce hearing while she was
noticeably impaired due to alcohol
consumption, Respondent violated SCR 20:1.1,
which states:
A lawyer shall provide competent
representation to a client. Competent
representation requires the legal knowledge,
skill, thoroughness and preparation
reasonably necessary for the
representation.
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Respondent has prior discipline. In 2003,
Respondent received a private reprimand for
non-alcohol-related violations of SCR 20.1.1
and SCR 20:1.16(d). In 2004, Respondent
received a private reprimand for violating
SCR 20:8.4(b), following her convictions of
a third Operating While Intoxicated (OWI)
offense and for bail-jumping, due to her
failure to maintain absolute sobriety while
the OWI charge was pending. In 2007,
Respondent was publicly reprimanded for a
fourth OWI offense, contrary to SCR 20:8.4
(b). Respondent also violated SCR 21.15(5)
by failing to report her conviction to the
Clerk of the Wisconsin Supreme Court and to
OLR.
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In accordance with SCR 22.09(3), Attorney
Sallie L. Rubenzer is hereby publicly
reprimanded. As a condition of this
reprimand, Attorney Rubenzer submitted
evidence to the Director that she has
commenced treatment for alcohol dependence
from a treatment provider approved by the
Director. As a further condition of the
reprimand, Atty. Rubenzer shall continue her
treatment for alcohol dependence for a
period of one year following the imposition
of the reprimand, and shall arrange for the
treatment provider to provide OLR with
quarterly reports, due on June 30, 2009,
September 30, 2009, December 31, 2009, and
March 31, 2010, and June 30, 2010, regarding
her progress in treatment and compliance
with her treatment plan. Atty. Rubenzer
certified to the Director that she has
submitted copies of this reprimand and all
prior reprimands, including her private
discipline, to her treatment provider.
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