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ATTORNEY disciplinary proceeding.
Attorney's license revoked.
¶1 PER CURIAM. Attorney Leonard V.
Brady has filed a petition for consensual
license revocation pursuant to SCR 22.19
stating that he cannot successfully defend
against multiple allegations of misconduct
currently under investigation by the Office
of Lawyer Regulation (OLR), as well as
additional counts of misconduct alleged in
two pending OLR intake matters which have
not yet been referred within the OLR for
formal investigation. The OLR asks that
Attorney Brady be ordered to make
restitution in three client matters. The
OLR is not requesting that costs be assessed
against Attorney Brady.
¶2 Attorney Brady was admitted to
practice law in Wisconsin in 1953 and
practices in Milwaukee.
¶3 Both of the pending formal grievance
investigations involve probate matters. In
January 2003 Attorney Brady was named
guardian of the Estate for Catherine P.
Catherine P.'s estate consisted of
considerable assets. During the time he
served as guardian for the estate, Attorney
Brady failed to file income tax returns for
the estate, failed to timely file annual
accountings with the court, failed to
maintain detailed records of investments,
failed to adequately track the assets of the
estate, and paid himself and others from the
estate without court approval. Available
records suggest that Attorney Brady paid
himself excessive fees and converted a
substantial amount of estate funds for his
personal use, including sending a
significant amount of the estate's funds
overseas.
¶4 Catherine P. died on December 27,
2007. After her death, despite repeated
court orders that he do so, Attorney Brady
failed to turn over funds belonging to
Catherine P.'s estate, including but not
limited to funds that had been sent
overseas. He also failed to turn over
certain records relating to his management
and control of the estate.
¶5 An accountant hired by Catherine
P.'s heirs to conduct a forensic examination
of the estate concluded that it was "only
reasonable to conclude" that there had
been "a likelihood of commingling,
embezzlement and fraud in the reporting of
assets; an intent to deprive the estate of
funds by Attorney Brady; [and] numerous
overcharges for services rendered" by
Attorney Brady. The Milwaukee County
circuit court ordered judgment against
Attorney Brady and in favor of Ohio Casualty
Insurance Company in the amount of
$1,015,813.21.
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¶6 Misconduct allegations against
Attorney Brady being investigated by the OLR
arising out of Catherine P.'s estate include
violations of SCRs 20:1.5(a), 20:1.15(b)(1),
20:1.15(d)(1), 20:1.15(d)(2), 20:3.4(c),
20:8.4(b), 20:8.4(c), and 20:8.4(f).
¶7 The other formal grievance
investigation currently pending with the OLR
involves Attorney Brady's service as
personal representative for the Estate of
Ronald M. In his capacity as personal
representative, Attorney Brady received
approximately $195,000 in life insurance
proceeds. He failed to turn over to the
successor personal representative
approximately $188,000 of those proceeds,
despite being ordered to do so by the
court. Attorney Brady also failed to
provide an accounting of the approximately
$188,000 he should have been holding on
behalf of the estate. In May 2010 the
Milwaukee County circuit court approved a
stipulation for judgment that provided
Universal Surety Company have judgment
against Attorney Brady in the amount of
$87,681.19.
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¶8 Misconduct allegations against
Attorney Brady being investigated by the OLR
arising out of Ronald M.'s estate include
violations of SCRs 20:1.15(b)(1), 20:1.15(d)
(1), 20:3.4(c), 20:8.4(b), and 20:8.4(c).
¶9 The OLR's recommendation in support
of Attorney Brady's petition for revocation
by consent asked that Attorney Brady be
required to make restitution to E.P. in the
amount of $1,500. The E.P. matter is one of
the two client matters that is at the intake
stage and is not under formal investigation.
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¶10 Attorney Brady submits under SCR
22.19(2) that he cannot successfully defend
against the allegations of the grievances
currently under investigation. He states
that he is freely, voluntarily, and
knowingly filing the petition for consensual
license revocation; he states he knows he
may retain counsel and, in fact, he has been
represented by counsel in this matter. He
also states he is aware that if this court
grants his petition and revokes his license
to practice law in Wisconsin, SCRs 22.26
through 22.33 apply.
¶11 After the petition for consensual
license revocation was filed, the court
issued an order to show cause asking the
parties to more fully address the issue of
restitution. Upon reviewing the parties'
responses, the court deems it appropriate to
order Attorney Brady to make restitution in
three client matters.
¶12 IT IS ORDERED that the license of
Leonard V. Brady to practice law in
Wisconsin is revoked, effective the date of
this order.
¶13 IT IS FURTHER ORDERED that Leonard
V. Brady make restitution to Ohio Casualty
Insurance Company in the amount of
$1,015,813.21; to Universal Surety Company
in the amount of $87,681.19; and to E.P. in
the amount of $1,500.
¶14 IT IS FURTHER ORDERED that Leonard
V. Brady shall comply with the provisions of
SCR 22.26 concerning the duties of an
attorney whose license to practice law has
been revoked, to the extent he has not
already done so.
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