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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
¶1 PER CURIAM. In this disciplinary
proceeding, we consider whether to impose
discipline on Attorney Tommy D. Payne
reciprocal to that imposed by the Supreme
Court of Illinois. Attorney Payne has not
alleged, and we do not find, that any
exception to reciprocal discipline in SCR
22.22(3) applies. Accordingly, we impose a
six-month suspension of Attorney Payne's
license to practice law in Wisconsin as
reciprocal discipline. Because it has not
been necessary to appoint a referee in this
matter, we do not impose the costs of this
proceeding on Attorney Payne.
¶2 Attorney Payne was admitted to the
practice of law in Wisconsin in June 1990
and in Illinois in November 1993. He has
practiced law in Chicago. Attorney Payne's
license to practice law in Wisconsin was
suspended in October 1993 for failure to pay
bar dues and assessments and in June 1995
for failure to comply with mandatory
continuing legal education (CLE) reporting
requirements. His Wisconsin license has
remained administratively suspended from the
date of those suspensions to the present
time.
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¶3 On May 16, 2012, the Office of
Lawyer Regulation (OLR) filed a complaint
against Attorney Payne and a motion
requesting this court to issue an order
directing Attorney Payne to show cause under
SCR 22.22(3) why reciprocal discipline
should not be imposed.
¶4 On July 3, 2012, following the OLR's
filing of an affidavit of service of the
complaint on Attorney Payne, an order was
issued directing Attorney Payne to inform
the court of any claim against imposing
reciprocal discipline under SCR 22.22(3) by
July 23, 2012. Copies of the order were
sent via both first-class mail and certified
mail to the last address Attorney Payne had
provided to the State Bar of Wisconsin, to
the most recent address Attorney Payne had
furnished to the Attorney Registration and
Disciplinary Commission of the Supreme Court
of Illinois (ARDC), and to the address
listed in the affidavit of service at which
personal service of the OLR's complaint had
occurred. While some of the envelopes were
returned as unclaimed or undeliverable, the
court has received a signed receipt for at
least one of the envelopes sent by certified
mail, and two of the envelopes sent by first-
class mail have not been returned as
undeliverable. Thus, we conclude that
Attorney Payne has received actual notice of
the court's order to show cause.
¶5 Attorney Payne, however, has not
filed any response to the order to show
cause or to the OLR's complaint. Thus, we
conclude that the allegations of the OLR's
complaint and the attached certified copies
of the Illinois disciplinary records are
deemed admitted.
¶6 Those Illinois disciplinary
documents indicate that the Supreme Court of
Illinois imposed a six-month suspension on
the license of Attorney Payne to practice
law in that state. The suspension arose
from Attorney Payne's representation of S.D.
with respect to the estate of S.D.'s
mother. The representation was to include
handling the closing of the sale of the
mother's real property and investigating the
refusal of an insurance company to pay
certain death benefits. With respect to the
insurance company matter, Attorney Payne
agreed that, if necessary, he would file
suit against the insurer on behalf of the
mother's estate.
¶7 Attorney Payne attended the real
estate closing, where he received a $3,000
check from the title company. Those funds
were to cover his $1,000 fee for handling
the real estate closing and a $2,000 advance
fee for his future work on the insurance
matter. Shortly after the closing, Attorney
Payne reviewed documents regarding the
insurance matter, but he took no further
action to pursue the estate's claim against
the insurer. For nearly a year S.D. made
weekly unsuccessful attempts to communicate
with Attorney Payne via both telephone and e-
mail messages. Although Attorney Payne
received these communications from S.D., he
never responded.
¶8 S.D. filed a grievance with the
Illinois ARDC. The ARDC then sent letters
to Attorney Payne and served a subpoena on
him in an attempt to investigate his conduct
and to obtain a refund of the fee on behalf
of S.D. Attorney Payne promised to return
the full retainer amount to S.D., but he
never did so. In addition, he failed to
communicate with the ARDC regarding its
requests for information and attempts to
resolve the matter on behalf of S.D.
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¶9 The Hearing Board of the ARDC
ultimately concluded that Attorney Payne's
actions in the representation of S.D. and
her mother's estate had violated a number of
the Illinois Rules of Professional Conduct.
Specifically, the Hearing Board concluded
that Attorney Payne's actions prior to
January 1, 2010, had violated the 1990
Illinois Rules of Professional Conduct (a)
by failing to act with reasonable diligence
and promptness (Rule 1.3); (b) by failing to
keep the client reasonably informed and to
comply promptly with reasonable requests for
information (Rule 1.4(a)(3) and (4)); and
(c) by engaging in conduct which tends to
defeat the administration of justice or
which brings the courts or the legal
profession into disrepute (Illinois Supreme
Court Rule 770). The Hearing Board further
concluded that Attorney Payne's actions
after January 1, 2010, had also violated the
current version of the Illinois Rules of
Professional Conduct (d) by failing to
refund the unearned portion of the advance
fee (Rule 1.16(d)); (e) by knowingly failing
to respond to a lawful demand for
information from a disciplinary authority
(Rule 8.1(b)); and (f) by engaging in
conduct which tends to defeat the
administration of justice or which brings
the courts or the legal profession into
disrepute (Illinois Supreme Court Rule 770).
¶10 By order and judgment entered
September 26, 2011, the Supreme Court of
Illinois approved the report and
recommendation of the Hearing Board and
suspended Attorney Payne's license to
practice law in Illinois for a period of six
months and until further order of the court
following Attorney Payne's successful
completion of a formal reinstatement
proceeding.
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¶11 In reciprocal discipline situations,
our rules provide that we "shall impose the
identical discipline or license suspension"
imposed in the other jurisdiction, unless
one of three listed exceptions applies. SCR
22.22(3). In this case, Attorney Payne has
not alleged that any exception applies, and
our own review of the record leads us to
conclude that no exception is applicable.
Accordingly, we suspend the license of
Attorney Payne to practice law in Wisconsin
for a period of six months, effective the
date of this order. Attorney Payne has not
requested that the suspension in this state
be made retroactive to the date of the
Illinois suspension, and we perceive no
reason to do so. We note that Attorney
Payne did not notify the OLR of the Illinois
suspension when it was imposed. See SCR
22.22(1) (requiring attorney subject to
public discipline in another jurisdiction to
notify the OLR within 20 days of the
effective date of the discipline). Finally,
because this matter was completed without
the need for the appointment of a referee,
we do not require Attorney Payne to pay the
costs of this proceeding.
¶12 IT IS ORDERED that the license of
Tommy D. Payne to practice law in Wisconsin
is suspended for a period of six months,
effective the date of this order.
¶13 IT IS FURTHER ORDERED that, to the
extent he has not already done so, Tommy D.
Payne shall comply with the provisions of
SCR 22.26 concerning the duties of a person
whose license to practice law in Wisconsin
has been suspended.
¶14 IT IS FURTHER ORDERED that no costs
shall be assessed against Tommy D. Payne.
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