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Attorney Rogaczewski graduated from law
school in 1974 and practices probate,
guardianship, bankruptcy and family law. In
2009, he received a private reprimand.
BF died in August 2007. His friends were
directed to Attorney Rogaczewski. In
September 2007, BF’s friends delivered BF’s
property, which included a Tupperware
container of documents and personal effects
and $7,015.36 in cash. Attorney Rogaczewski
received this property.
In September and October of 2007, Attorney
Rogaczewski communicated with several
parties regarding BF’s estate. He did not,
however, file a probate petition. In March
2008, Attorney Rogaczewski requested
assistance from a genealogical company to
identify living relatives. On April 10,
2008, he received contact information for
two relatives, including the wife of the
grievant. He did not, however, contact
either of the relatives.
In the summer of 2008, the grievant, FD, and
his wife, MD, learned of BF’s death and
contacted Attorney Rogaczewski. Attorney
Rogaczewski informed FD and MD that he had
BF’s property. FD and MD reported that
Attorney Rogaczewski informed them he would
do what needed to be done to transfer the
property. As a result of the conversation,
FD and MD reasonably believed that Attorney
Rogaczewski was their lawyer.
In September 2008, FD again spoke with
Attorney Rogaczewski. Thereafter, MD sought
information from Attorney Rogaczewski
without success. She left messages with
Attorney Rogaczewski on February 4, 2009,
April 4, 2009, April 21, 2009, May 12, 2009,
May 19, 2009, June 9, 2009, and June 15,
2009, and April 14, 2010; and she wrote to
him on August 29, 2009. In addition, FD
left phone messages with Attorney
Rogaczewski on August 25, 2009, and April
10, 2010. Attorney Rogaczewski did not
respond to these calls and letters or
otherwise provide information to FD and MD.
On November 24, 2010, FD filed a grievance
with OLR.
During the course of the investigation, FD
and MD signed an agreement to have Attorney
Rogaczewski represent them in administering
the estate. On August 24, 2011, Attorney
Rogaczewski filed a petition for special
administration. Attorney Rogaczewski
informed the district committee investigator
that he would not charge FD and MD a fee for
handling the estate.
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By receiving BF’s property and thereafter
failing to file for administration of the
estate for four years, Attorney Rogaczewski
violated SCR 20:1.3, which states, “A lawyer
shall act with reasonable diligence and
promptness in representing a client.”
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By failing to provide FD and MD information
regarding the processing of the estate of BF
and by failing to respond to requests for
information from FD and MD from February
2009 to November 2010, Attorney Rogaczewski
violated SCR 20:1.4(a)(3), which states “A
lawyer shall: (3) keep the client reasonably
informed about the status of the matter,”
and SCR 20:1.4(a)(4), which states, “A
lawyer shall (4) promptly comply with
reasonable requests by the client for
information.”
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By receiving property of BF’s estate; and
upon learning in April 2008 that MD had an
interest in BF’s property, but not notifying
MD until MD had contacted him on her own
initiative in the summer of 2008, Attorney
Rogaczewski violated SCR 20:1.15(d)(1),
which states, “Upon receiving funds or other
property in which a client has an interest,
or in which the lawyer has received notice
that a 3rd party has an interest identified
by a lien, court order, judgment, or
contract, the lawyer shall promptly notify
the client or 3rd party in writing. Except
as stated in this rule or otherwise
permitted by law or by agreement with the
client, the lawyer shall promptly deliver to
the client or 3rd party any funds or other
property that the client or 3rd party is
entitled to receive.”
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As a condition to this reprimand, Attorney
Rogaczewski agrees to complete the
processing of the estate without receiving a
fee.
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