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Attorney Philip J. Dahlberg, IV, (Dahlberg),
is an attorney licensed in the State of
Wisconsin since 2000.
Following an automobile accident, a
man and a woman hired Dahlberg to represent
them in a personal injury claim against the
driver of the other vehicle. The couple
entered into a contingent fee agreement with
Dahlberg. In connection with that accident,
the woman incurred medical expenses in the
amount of $5,213.39 through her health care
provider. The man incurred medical expenses
in the amount of $879.26 through a county
general assistance medical program.
Dahlberg filed suit on October 7,
2007 against the driver of the other vehicle
and other parties. Dahlberg proceeded to
prepare his case for trial, but in January
of 2009 learned that both his physician
experts would be unavailable to testify in
the case. Unable to present medical
testimony supporting damages, Dahlberg
settled each claim for $2,500. On January
4, 2010, the man and the woman signed
releases, and Dahlberg deposited a total of
$5,000 into his trust account.
Thereafter, Dahlberg initiated
preliminary discussions with the health care
provider and the county general assistance
medical program to possibly reduce or waive
their medical liens. However, Dahlberg did
not complete the negotiations and the liens
remained pending. In addition, a county
department of child support enforcement
contacted Dahlberg in February of 2010 and
advised Dahlberg that his client owed the
county for outstanding child support, for
which it also had a statutory lien on
settlement proceeds. While the woman’s
health care provider and the county
department of child support enforcement made
offers to reduce or waive their liens,
Dahlberg did not respond to their offers,
nor did Dahlberg consult or communicate with
either of his clients regarding the lien
negotiations. Furthermore, Dahlberg did not
respond to multiple requests for information
from his clients regarding their case.
Since January of 2010, Dahlberg has
not provided to his clients or to any third-
party lien holder notice or delivery of any
funds to which they may be entitled, nor has
he taken any further action to resolve any
disputes regarding the division of trust
property in his possession. In addition,
Dahlberg has not provided to his clients a
written statement or accounting regarding
the settlement proceeds received in
connection with their lawsuit.
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By failing to take meaningful steps over a
two-year period to resolve outstanding liens
(medical and child support) arising out of
and in connection with the settlement of his
clients’ 2007 personal injury lawsuit,
Dahlberg violated SCR 20:1.3, which
provides, “A lawyer shall act with
reasonable diligence and promptness in
representing a client.”
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By failing to inform his clients regarding
offers to settle outstanding liens, and, in
addition, by failing to consult with his
clients about these offers to settle their
liens and obtain their informed consent
regarding these offers or otherwise consult
with his clients regarding the means by
which their objectives were to be
accomplished, Dahlberg violated SCR 20:1.2
(a), which provides, in relevant part, “(a)
Subject to pars. (c) and (d) a lawyer shall
abide by a client’s decisions concerning the
objectives of the representation and, as
required by SCR 20:1.4, shall consult with
the client as to the means by which they are
to be pursued.” In addition, Dahlberg
violated SCR 20:1.4(a)(1) and (a)(2), which
provide, “A lawyer shall (1) Promptly inform
the client of any decision or circumstance
with respect to which the client’s informed
consent, as defined in SCR 20:1.0(f), is
required by these rules” and “(2) Reasonably
consult with the client about the means by
which the client’s objectives are to be
accomplished.”
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By failing to keep his clients informed
regarding the status of their settlement and
the progress made in negotiating lien
reductions, including offers to eliminate or
significantly reduce lien amounts, Dahlberg
violated SCR 20:1.4(a)(3), which
provides, “(a) A lawyer shall . . . (3) keep
the client reasonably informed about the
status of a matter.” By failing to respond
to his clients’ repeated requests for
information regarding the settlement of
their personal injury lawsuit, Dahlberg
violated SCR 20:1.4(a)(4), which
provides, “(a) A lawyer shall . . . (4)
promptly comply with reasonable requests by
the client for information.”
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By failing to provide any kind of written
statement or accounting to his clients
regarding the settlement proceeds received
in connection with their personal injury
lawsuit, Dahlberg violated SCR 20:1.5(c),
which provides, “(c) . . . Upon conclusion
of a contingent fee matter, the lawyer shall
provide the client with a written statement
stating the outcome of the matter and if
there is a recovery, showing the remittance
to the client and the method of its
determination.”
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By failing to promptly deliver to his client
settlement funds to which she was entitled
following an offer by her health care
provider to waive or reduce its lien, and,
in addition, by failing to deliver to his
other client settlement funds to which he
may be entitled following an offer by a
county department of child support
enforcement to waive or reduce its lien,
and, furthermore, by failing to promptly
deliver to the woman’s health care provider,
the county general assistance medical
program and the county department of child
support enforcement settlement funds they
were entitled to receive, or otherwise take
additional steps to resolve any disputes
regarding the subject funds, Dahlberg
violated SCR 20:1.15(d)(1), which provides,
in relevant part, “(1) Notice and
disbursement . . . 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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Respondent has two previous private
reprimands, one imposed in 2007 and the
other in 2008.
In accordance with SCR 22.09(3),
Attorney Philip J. Dahlberg, IV, of Jackson,
Wisconsin is hereby publicly reprimanded.
Dated this 18th day of February, 2013.
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