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ATTORNEY reinstatement
proceeding. Reinstatement granted.
¶1 PER CURIAM. We review a referee's
report recommending that Attorney Charles
Glynn's license to practice law in Wisconsin
be reinstated subject to certain
conditions. The Office of Lawyer Regulation
(OLR) does not oppose that recommendation.
No appeal was filed so we review this matter
pursuant to SCR 22.17(2).
¶2 After careful consideration, we
adopt the referee's findings of fact and
conclusions of law and conclude that
Attorney Glynn's license to practice law
should be reinstated. We need not impose
any conditions upon Attorney Glynn's
reinstatement because Attorney Glynn has
satisfied the conditions recommended by the
referee. We direct Attorney Glynn to pay
the costs of the reinstatement proceeding,
which total $3,753.16 as of November 2, 2010.
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¶3 Attorney Glynn was admitted to
practice law in Wisconsin in 1991. He
practiced in Milwaukee. In April 1999
Attorney Glynn's license to practice law was
suspended for one year, effective June 14,
1999, based upon misconduct committed while
he served as guardian for two estates and
conservator for a third estate. Attorney
Glynn collected unreasonable fees without
the approval of the court, failed to file
necessary reports with the court, failed to
act competently and timely, and used false
statements and documents to justify his
excessive fee and to mislead the person
investigating his misconduct. See In
re
Disciplinary Proceedings Against Glynn,
225
Wis. 2d 202, 591 N.W.2d 606 (1999). The
referee in that matter noted that Attorney
Glynn had "reaped substantial financial
benefits from the modest Estates of persons
effectively unable to protect themselves,
while performing no services of commensurate
value . . . ." Id. at 211. The court
found
the large sums taken by Attorney Glynn from
vulnerable victims and the purposeful
pattern of deception he employed required
his suspension in order to protect the legal
system and the public from similar
misconduct. Attorney Glynn was ordered to
pay restitution to his clients and to a
bonding company, as well as to pay the costs
of the disciplinary proceeding. Id. at
213-
14.
¶4 Attorney Glynn was also convicted of
one count of Theft from a Business Setting,
Greater than $1,000 but less than $2,500, a
class E felony, related to his handling of
two of the estates for which he served as
guardian. He was placed on probation for
three years. He was released from probation
in 2003.
¶5 In 1998 Ohio Casualty, Attorney
Glynn's bonding company, obtained a $78,000
judgment against Attorney Glynn for the
claims it paid on the two estates for which
Attorney Glynn served as guardian. Attorney
Glynn had already made restitution to the
conservatorship from his own funds.
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¶6 In October 2000 Attorney Glynn's
Wisconsin law license was suspended again,
this time for nine months retroactive to the
date of his earlier suspension, June 14,
2000. In re Disciplinary Proceedings
Against Glynn, 2000 WI 117, 238 Wis. 2d
860,
618 N.W.2d 740. Attorney Glynn's misconduct
in this matter consisted of failing to act
with reasonable diligence and promptness in
representing three clients, failing to
explain matters reasonably necessary to
permit two of those clients to make informed
decisions regarding their representation,
and failing to cooperate with the
investigation into his misconduct. Id.
¶7 On July 29, 2008, Attorney Glynn
filed a petition seeking reinstatement of
his license to practice law in Wisconsin.
On July 31, 2008, Attorney Glynn filed an
amended petition for reinstatement. The
referee conducted an evidentiary hearing on
August 16, 2010.
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¶8 Supreme court rule 22.31(1) provides
the standards to be met for reinstatement.
Specifically, the petitioner must show by
clear, satisfactory, and convincing evidence
that he or she has the moral character to
practice law, that his or her resumption of
the practice of law will not be detrimental
to the administration of justice or
subversive of the public interest, and that
he or she has complied with SCR 22.26 and
the terms of the order of suspension. In
addition to these requirements, SCR 22.29(4)
(a)-(4m) provides additional requirements
that an attorney seeking reinstatement must
show. All of these additional requirements
are effectively incorporated into SCR 22.31
(1).
¶9 When we review a referee's report
and recommendation, we will adopt a
referee's findings of fact unless they are
clearly erroneous. Conclusions of law are
reviewed de novo. See In re Disciplinary
Proceedings Against Eisenberg, 2004 WI 14,
¶5, 269 Wis. 2d 43, 675 N.W.2d 747.
¶10 Here, the referee concluded Attorney
Glynn had met his burden of demonstrating
that his license to practice law in
Wisconsin should be reinstated. Attorney
Glynn asserted and the referee found that
Attorney Glynn desires to have his license
reinstated and that he has not practiced law
during the period of suspension. SCRs 22.29
(4)(a) and (b). At the evidentiary hearing
the referee elicited a full description of
Attorney Glynn's business activities during
his suspension, as required by SCR 22.29(4)
(k).
¶11 After his suspension Attorney Glynn
worked at Roundy's warehouse and then sold
title insurance. He then worked at the
Milwaukee Child Welfare Bureau and also
worked part-time at St. Charles Youth and
Family Services (St. Charles). In 2003 he
began working full-time for St. Charles in a
supervisory position and is still employed
there. He also works part-time for the
Wisconsin Athletic Club. While working at
St. Charles he and others at St. Charles,
together with judges, district attorneys,
and defense attorneys, developed a Focus
Program for youth offenders to break their
cycle of juvenile criminal activities. This
program has been in effect for about seven
years. The referee found Attorney Glynn
worked 10 to 14 hours a day to make sure the
needs of the young men at St. Charles were
met, and he used creative programming to
inspire hope in their young lives. In 2007,
at the request of Dane County, Attorney
Glynn established a Focus Program in
Madison. This effort took about two years.
He worked with judges, district attorneys,
probation officers, and public defenders in
Dane County to make the Focus Program a
success. Attorney Glynn has supervised
programs that have generated millions of
dollars in revenue for St. Charles. He has
handled tens of thousands of dollars in
petty cash funds, has access to all agency
vehicles and equipment, and has traveled to
training and conferences across the country
using a St. Charles credit card.
¶12 There is no evidence in this record
that Attorney Glynn has engaged in any
improper conduct since his suspension. SCR
22.29(4)(e). The referee found that
Attorney Glynn demonstrates a proper
understanding of and attitude toward the
standards that are imposed upon members of
the bar. SCR 22.29(4)(f). The referee was
satisfied that Attorney Glynn will act in
conformity with these standards. Indeed,
Attorney Glynn appears to have taken
responsibility for his prior misconduct,
stating that he is "embarrassed, ashamed,
and deeply sorry" for his misconduct.
Attorney Glynn was drinking during the time
he engaged in the misconduct leading to his
suspension. In July 2000 Attorney Glynn
acknowledged his alcoholism and joined
Alcoholics Anonymous (AA). He has remained
sober since that time and regularly attends
AA meetings. He celebrated ten years of
sobriety on July 10, 2010. Two references
noted that Attorney Glynn's recovery
is "exceptional." Attorney Glynn also filed
several positive character references from
attorneys, employers, and personal friends.
The referee thus concluded that Attorney
Glynn had satisfied the requirements of SCR
22.29(4)(g). The referee found further that
Attorney Glynn complied with SCR 22.26 after
his suspension. SCR 22.29(4)(h). If
reinstated Attorney Glynn intends to
practice juvenile and criminal law within a
law firm or in an association with other
lawyers. SCR 22.29(4)(j).
¶13 The OLR did not oppose Attorney
Glynn's reinstatement but expressed concern
about certain aspects of his petition. The
OLR noted that at the time of the
evidentiary hearing Attorney Glynn had not,
in fact, complied fully with the terms of
the order of suspension because he has not
yet paid full restitution. SCR 22.29(4)
(c). All of the individual clients from
whom Attorney Glynn took money were
reimbursed by the bonding company, Ohio
Casualty, and Ohio Casualty obtained a
judgment for the amount they paid, plus
interest. Attorney Glynn had yet to pay
full restitution to Ohio Casualty. The
referee noted that Attorney Glynn has paid
Ohio Casualty approximately $16,500 of the
restitution and at the time of the
reinstatement hearing he was in the process
of negotiating a compromised settlement of
the judgment. Attorney Glynn requested that
he be granted 90 days to file a satisfaction
of judgment in the Ohio Casualty matter and
the OLR did not object to this request.
While this reinstatement petition was
pending Attorney Glynn filed the
satisfaction of judgment, fulfilling his
restitution obligation.
¶14 Attorney Glynn also did not attend
any CLE courses during his suspension.
See
SCR 22.29(4)(d). He requested that as a
condition of his receiving his license, he
be allowed 90 days to fulfill CLE
obligations required of him by the Board of
Bar Examiners (BBE). The referee
recommended granting Attorney Glynn's
request regarding the CLE requirements. By
memorandum dated December 15, 2010, the BBE
advised the court that Attorney Glynn had
fulfilled the CLE requirements necessary for
his reinstatement.
¶15 Attorney Glynn has refrained from
all alcohol for ten years. He has held
positions of significant trust and has
managed finances of St. Charles and the
Wisconsin Athletic Club. Both employers
have indicated their belief in his
trustworthiness and have recommended his
reinstatement. In short, Attorney Glynn has
changed his life during the suspension
period.
¶16 Accordingly, after careful review of
the record we agree that Attorney Glynn has
established by clear, satisfactory, and
convincing evidence that he has satisfied
the criteria necessary for reinstatement.
We therefore adopt the referee's findings of
fact and conclusions of law and we accept
the referee's recommendation to reinstate
Attorney Glynn's license to practice law in
Wisconsin. We need not impose any
conditions upon Attorney Glynn's
reinstatement because Attorney Glynn has
satisfied the conditions recommended by the
referee.
¶17 IT IS ORDERED that Charles Glynn's
license to practice law in Wisconsin is
reinstated effective the date of this order.
¶18 IT IS FURTHER ORDERED that within 60
days of the date of this order, Charles
Glynn shall pay to the Office of Lawyer
Regulation the costs of this proceeding. If
the costs are not paid within the time
specified, and absent a showing to this
court of his inability to pay the costs
within that time, the license of Charles
Glynn to practice law in Wisconsin shall be
suspended until further order of the court.
¶19 DAVID T. PROSSER, J., did not
participate.
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