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ATTORNEY disciplinary
proceeding. Attorney publicly
reprimanded.
¶1 PER CURIAM. We review the report
and recommendation of the referee, Michael
F. Dubis, that Attorney Michael C. Trudgeon
receive a public reprimand and bear the
costs of this proceeding. The Office of
Lawyer Regulation (OLR) filed an eight-count
complaint against Attorney Trudgeon alleging
professional misconduct in two client
matters. Attorney Trudgeon did not file an
answer.
¶2 Because no appeal has been filed, we
review the referee's report and
recommendation pursuant to SCR 22.17(2). We
approve and adopt the referee's findings of
fact and conclusions of law. We agree that
Attorney Trudgeon's professional misconduct
warrants a public reprimand. In addition,
we find it appropriate Attorney Trudgeon pay
the costs of this disciplinary proceeding.
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¶3 Attorney Trudgeon was admitted to
practice law in Wisconsin in 2003 and has
practiced in Beloit. On May 27, 2008,
Attorney Trudgeon's license to practice law
was suspended for failing to satisfy
continuing legal education requirements. In
July 2008 Attorney Trudgeon's license was
temporarily suspended for failure to
cooperate in four grievance investigations.
His license remains suspended.
I. THE S.C. CLIENT MATTER
(COUNTS 1 THROUGH 4)
¶4 The disciplinary complaint charges
four counts of misconduct involving Attorney
Trudgeon's representation of S.C. in a
foreclosure action. In June 2006 S.C.
retained Attorney Trudgeon to defend the
foreclosure proceeding filed by S.C.'s
condominium association. Although S.C. paid
Attorney Trudgeon a $500 fee, he failed to
discuss with her the rate and basis of his
fee.
¶5 Attorney Trudgeon contacted opposing
counsel and advised he was representing
S.C. Although he filed a notice of
retainer, he did not file an answer to the
foreclosure complaint. When the association
moved for a default judgment, Attorney
Trudgeon did not respond.
¶6 Before the hearing on the default
judgment motion took place, however, S.C.
made inconsistent statements whether she
wanted Attorney Trudgeon to continue
representing her. Although Attorney
Trudgeon believed his representation had
been terminated, S.C. believed he would
continue to represent her. Attorney
Trudgeon did not clarify whether S.C. wanted
him to continue representing her; he did not
file a motion to withdraw as counsel and
failed to advise her, the court, and the
association's attorney he was no longer
representing S.C. When Attorney Trudgeon
failed to appear at the motion hearing, a
default foreclosure judgment was entered
against S.C.
¶7 Subsequently, Attorney Trudgeon
wrote S.C. advising her to pursue a
discrimination and harassment action against
the association, indicating the suit would
delay attempts to foreclose. He advised
S.C. her retainer had been exhausted and
another $1,500 was required for him to
continue representing her. S.C. retained
another attorney to handle the foreclosure
action and the matter proceeded to a
sheriff's sale, which was confirmed.
Attorney Trudgeon later admitted he was
never certain whether the injunction he had
planned to seek to prevent the foreclosure
would be issued, and he never discussed his
uncertainty with S.C.
¶8 The referee concluded that Attorney
Trudgeon's representation of S.C. supported
four counts of professional misconduct:
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Count One: By failing to file a motion
to withdraw as counsel after he considered
his representation of S.C. to have
terminated, Attorney Trudgeon violated SCR
20:1.16(a)(3).
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Count Two: By failing to appear at the
default motion hearing, Attorney Trudgeon
violated SCR 20:1.3.
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Count Three: By failing to adequately
explain the rate and basis of his fee before
or within a reasonable time after commencing
the representation, Attorney Trudgeon
violated former SCR 20:1.5(b).
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Count Four: By advising S.C., "[The]
lawsuit will delay any attempts on
foreclosing on your property;" by failing to
explain he would not file an answer to the
default judgment motion and not appear at
the motion hearing; by failing to advise of
the default judgment or the status of the
foreclosure action; and by failing to
adequately communicate to S.C. he believed
their attorney-client relationship had been
terminated, Attorney Trudgeon violated
former SCR 20:1.4(b).
II. THE C.S. AND C.C. CLIENT MATTER
(COUNTS 5 THROUGH 8)
¶9 The next four counts arise from
Attorney Trudgeon's representation of C.S.
and C.C. in a lawsuit filed by a
subcontractor involved in the construction
of their home. Ultimately, the
subcontractor obtained a default judgment
against C.S. in the sum of $2,999.
¶10 Attorney Trudgeon had agreed to
handle the matter at a rate of $150 per hour
with no written fee agreement. C.S. and
C.C. paid Attorney Trudgeon approximately
$500 in fees. C.S. was ordered to file an
answer to the complaint no later than
February 2, 2007. The trial was scheduled
for February 14, 2007. Attorney Trudgeon
failed to file an answer on behalf of C.S.,
failed to provide his clients with a copy of
the pretrial order, failed to inform his
clients that C.S. had been ordered to file
an answer, and failed to inform them he had
not filed an answer.
¶11 Between January 31 and February 13,
2007, Attorney Trudgeon and C.C. had
discussed a settlement proposal. On
February 14, 2007, Attorney Trudgeon and the
plaintiff's attorney appeared in court
without their clients and reviewed paperwork
related to the case. Trial was rescheduled
for March 12, 2007.
¶12 When C.C. e-mailed Attorney Trudgeon
on February 14 inquiring about the case,
Attorney Trudgeon replied he had met with
opposing counsel and would mail C.C. and
C.S. materials for their review. On
February 15, 2007, Attorney Trudgeon wrote
his clients advising of the March 12 hearing
date but failed to inform them to appear on
March 12 if the case did not settle. When
his clients inquired whether they should
appear on March 12, Attorney Trudgeon
responded they should plan on going to work
that day and, if they would need to appear,
the matter could be rescheduled.
¶13 On March 12, 2007, Attorney Trudgeon
e-mailed C.C. that their settlement offer
had been rejected and both C.S. and C.C.
would have to appear at trial. C.C. replied
that they did not wish to make another
settlement offer and directed Attorney
Trudgeon to set a trial date. Although
Attorney Trudgeon had advised C.C. and C.S.
they need not appear on March 12, he had
failed to obtain opposing counsel's
stipulation or court approval for a
continuance. At the March 12 trial,
plaintiff's counsel objected to Attorney
Trudgeon's continuance request and moved for
default judgment against C.S. The court
granted the plaintiff a default judgment
against C.S. in the amount of $2,999, plus
costs.
¶14 Attorney Trudgeon did not timely
inform his clients that a default judgment
had been entered. On March 12 C.S. and C.C.
delivered a payment to Attorney Trudgeon's
office. Attorney Trudgeon failed to inform
them a hearing had been held that day and a
default judgment had been entered. He also
failed to inform them of their appellate
rights or that C.S. might be able to file a
motion to reopen. Additionally, he failed
to research the procedure and time
restrictions for C.S. to move to reopen or
appeal the default judgment and failed to
respond to C.C.'s subsequent e-mails.
¶15 On March 28, 2007, the court sent a
notice of entry of judgment to Attorney
Trudgeon with an order requiring C.S. to
provide financial disclosure information
within 15 days. Attorney Trudgeon failed to
forward the order to his clients within 15
days. On April 4 and 10, 2007, C.C. e-
mailed Attorney Trudgeon inquiring about the
status of the case and whether he still
represented them. Attorney Trudgeon did not
respond and failed to call or send paperwork
to his clients as he said he would.
¶16 During the first week of April 2007,
C.C. went to Attorney Trudgeon's office.
Attorney Trudgeon told C.C. he would
have "to get a court date set." It was not
until April 18, 2007, that Attorney Trudgeon
advised his clients that a default judgment
had been entered. On April 19, 2007, C.C.
spoke with court personnel who confirmed the
default judgment had been issued against
C.S. on March 12, 2007. The court personnel
advised that if C.S. did not complete
financial disclosure forms within 15 days,
C.S. could be held in contempt of court and
arrested. Between March 13 and April 22,
Attorney Trudgeon failed to respond to his
clients' calls and e-mails and failed to
meet with them except when C.C. made two
unannounced office visits. C.S. eventually
filed a motion to reopen, which was denied.
¶17 Referee Dubis determined Attorney
Trudgeon's representation of C.S. and C.C.
supported the following counts of
professional misconduct:
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Count Five: By failing to respond to
reasonable requests for information; by
failing to advise of the entry of the
default judgment; and by failing to forward
the order and financial disclosure forms to
his clients, Attorney Trudgeon violated
former SCR 20:1.4(a).
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Count Six: By assuming the trial
scheduled for March 12, 2007, could be
continued without confirming that assumption
with the court or obtaining opposing
counsel's agreement to a continuance; by
failing to timely research the procedures
and time limits to appeal or file a motion
to reopen; by failing to prepare and file a
written answer; and by failing to obtain
opposing counsel's consent to file the
financial disclosure forms after the 15-day
deadline, Attorney Trudgeon violated SCR
20:1.3.
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Count Seven: By failing to advise his
clients of the procedures to attempt to
reopen the default judgment; failing to
advise his clients of the consequences of
failing to appear for trial; and failing to
advise C.S. that he risked being found in
contempt of court for failure to timely
complete the financial disclosure forms,
Attorney Trudgeon violated SCR 20:1.4(b).
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Count Eight: By allowing his clients to
misunderstand that the case had not yet
resulted in a judgment, when a default
judgment had been entered on March 12, 2007,
and implying the court decided the case on
the merits, Attorney Trudgeon violated SCR
20:8.4(c).
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¶18 Based upon these violations, Referee
Dubis recommends a public reprimand and the
imposition of costs. Attorney Trudgeon has
not appealed the recommendation or objected
to costs. We affirm a referee's findings of
fact unless they are clearly erroneous. We
review conclusions of law de novo. In re
Disciplinary Proceedings Against Tully,
2005
WI 100, ¶25, 283 Wis. 2d 124, 699 N.W.2d
882. This court is free to impose whatever
discipline it deems appropriate, regardless
of the referee's recommendation. In re
Disciplinary Proceedings Against Widule,
2003 WI 34, ¶44, 261 Wis. 2d 45, 660 N.W.2d
686.
¶19 Because they have not been shown to
be clearly erroneous, we adopt the referee's
findings. We agree with the referee's
conclusions and his recommendation regarding
discipline. We conclude that a pubic
reprimand is sufficient to achieve the
objectives of attorney discipline. We order
that Attorney Trudgeon shall bear the costs
of this proceeding.
¶20 IT IS ORDERED that Michael C.
Trudgeon is publicly reprimanded for
professional misconduct.
¶21 IT IS FURTHER ORDERED that within 60
days of the date of this order Michael C.
Trudgeon pay to the Office of Lawyer
Regulation all the costs of this
proceeding. If such costs are not paid
within the time specified and absent a
showing to the court of his inability to pay
the costs within that time, the license of
Michael C. Trudgeon to practice law in
Wisconsin shall remain suspended until
further order of this court.
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