Wisconsin Court System
Wisconsin Attorneys' Professional Discipline Compendium
Public Reprimand of Paul A. Strouse
2011-OLR-5
Paul Strouse (“Strouse”) is a Wisconsin attorney whose State Bar identification number is 1017891. Strouse practices law in Milwaukee, Wisconsin. Strouse was first licensed to practice law in Wisconsin on October 3, 1991.
A client hired Strouse to file a Chapter 13 bankruptcy proceeding. Strouse filed the bankruptcy action in May of 2008, and over the next several months filed all the required schedules, met with creditors, and succeeded in having a plan confirmed. The client made all payments in accordance with the approved plan.
In May of 2009, the client advised Strouse that he wanted to move to Georgia for health reasons, and, in addition, wanted to surrender two residential properties he owned. Strouse advised the client, incorrectly, that he needed to convert his bankruptcy to a Chapter 7 proceeding and charged the client another fee to convert the case. After converting the case to a Chapter 7 proceeding, Strouse acknowledged during a June, 2009 section 341 meeting of creditors that that he had made an error as his client, a disabled veteran, had sufficient income to disqualify him from a Chapter 7 filing. Strouse therefore promised his client, the U.S. Trustee, as well as the Court, that he would re-convert the case back to a Chapter 13 proceeding.
Strouse never completed the conversion, claiming that his client had changed his mind and did not want to proceed with the bankruptcy. However, Strouse did not document this purported discussion and the client expressly denied that he wanted to abandon the bankruptcy.
Later, after moving to Georgia, the client attempted to communicate with Strouse, without success. Ultimately, the client wrote Strouse and informed him that it was his understanding that the case would be reconverted to a Chapter 13 and advised Strouse that he did not know the status of his case. The client filed his letter with the Court, prompting a letter from the U.S. Trustee who also detailed instances of miscommunication by Strouse with regard to the bankruptcy proceeding. Ultimately, Strouse did not reconvert the case, and the Court dismissed the entire proceeding, resulting in the client being subjected to creditor claims.
By failing to reconvert his client’s case to a Chapter 13 bankruptcy proceeding after erroneously converting the case to a Chapter 7 bankruptcy proceeding, resulting in the dismissal of the original Chapter 13 filing, Strouse failed to act with reasonable diligence and promptness in representing a client, in violation of SCR 20:1.3, which provides, “A lawyer shall act with reasonable diligence and promptness in representing a client.”
By failing to respond to his client’s inquiries or otherwise keep the client reasonably informed regarding the status of the his bankruptcy filing, Strouse violated SCR 20:1.4(a)(3), which provides, in relevant part, “(a) A lawyer shall: . . . (3) Keep the client reasonably informed about the status of a matter” and SCR 20:1.4 (a)(4), which provides, in relevant part, “(a) A lawyer shall. . .(4) Promptly comply with reasonable requests by the client for information; . . . .”
By failing to explain the bankruptcy proceedings sufficiently to his client, including failing to memorialize in writing his client’s options with regard to the bankruptcy and the consequences of the dismissal of the action, Strouse prevented his client from making informed decisions regarding the representation, and therefore Strouse violated SCR 20:1.4(b), which provides, “A lawyer shall explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation.
Respondent has one prior public reprimand, imposed in 2010.
In accordance with SCR 22.09(3), Attorney Paul Strouse is hereby publicly reprimanded.