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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
¶1 PER CURIAM. We review the
stipulation filed by the Office of Lawyer
Regulation (OLR) and Attorney John R. Dade
pursuant to SCR 22.12 regarding Attorney
Dade's professional misconduct in the
handling of one client matter. The OLR and
Attorney Dade stipulate that Attorney Dade
committed professional misconduct and that
the appropriate sanction for the misconduct
is a suspension of his license to practice
law in Wisconsin for a period of 60 days.
The OLR is not seeking costs. Upon careful
consideration, we adopt the stipulated facts
and agree that a 60-day suspension is an
appropriate sanction.
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¶2 Attorney Dade was admitted to
practice law in Wisconsin in 1983 and
practices in Whitewater. He has been
subject to professional discipline on four
prior occasions. In 1991, he was privately
reprimanded for lack of diligence, failure
to communicate, and failure to cooperate in
the investigation into his misconduct.
Private Reprimand, No. 1991-24. In 2007, he
was publicly reprimanded for failing to
provide competent representation, failure to
communicate, and lack of diligence. Public
Reprimand of John R. Dade, No. 2007-7. In
2007 his license was suspended for 60 days
for failure to cooperate in an OLR
investigation, lack of diligence, and
failure to hold in trust the property of
others in his client trust account. In re
Disciplinary Proceedings Against Dade,
2007
WI 66, 301 Wis. 2d 67, 732 N.W.2d 433. In
2012 he was publicly reprimanded for lack of
diligence, failure to communicate, and
failure to return a client's documents.
Public Reprimand of John R. Dade, No. 2012-
1.
¶3 In July 2009 N.B. filed a pro se
divorce petition in Rock County circuit
court. On November 16, 2009, N.B. hired
Attorney Dade to represent her in her
divorce and to obtain a domestic abuse
injunction.
¶4 On March 1, 2010, a pretrial
conference was held with Attorney Dade
appearing on behalf of N.B. and N.B.'s
husband appearing pro se. The March 1, 2010
pretrial order required the parties to file
a final financial disclosure statement with
the court and with the opposing party or
counsel no later than March 31, 2010. The
pretrial order also required the final
financial disclosure statement to be updated
no later than April 14, 2010. Attorney Dade
failed to timely file the final financial
disclosure statement.
¶5 The March 1, 2010 pretrial order
also provided that both parties were to file
with the clerk of court, the court's
judicial assistant, and each other, a trial
brief no later than April 29, 2010.
Attorney Dade failed to timely file the
trial brief.
¶6 The pretrial order scheduled the
trial for May 5, 2010. The pretrial order
stated that failure to comply with the terms
of the order shall be considered cause for
imposing sanctions which may include
dismissal of the action.
¶7 On March 30, 2010, N.B. told
Attorney Dade's office manager that she
would be out of town on May 5, 2010, and she
requested a change of the trial date.
Attorney Dade failed to respond. N.B. left
a message at Attorney Dade's office on April
17, 2010, asking about changing the trial
date and requesting that Attorney Dade call
her back. Attorney Dade failed to respond.
¶8 On April 26, 2010, N.B. informed
Attorney Dade's office manager that she
wanted to change the May 5, 2010 court date,
that she had already left two messages, that
she had not received a call back from
Attorney Dade, that she declined to schedule
a telephone appointment, and that she wanted
Attorney Dade to call her back. N.B. also
sent an e-mail correspondence to Attorney
Dade in regard to adjourning the trial.
¶9 On May 5, 2010, Attorney Dade
appeared at the trial. N.B. did not appear,
nor did her husband, who was pro se,
appear. On the May 5, 2010 trial date,
Attorney Dade offered the final financial
disclosure statement and trial brief to the
court. The court dismissed N.B.'s divorce
case, saying the matter had not been
diligently prosecuted.
¶10 Attorney Dade called N.B.'s cell
phone and informed her that the court had
dismissed her case for lack of attendance
and for failure to file the financial
disclosure statement. Attorney Dade
informed N.B. she would have to file a new
divorce action.
¶11 In a meeting with N.B. in May 2010,
Attorney Dade agreed to complete the divorce
action for free due to Attorney Dade's
errors that resulted in the dismissal of her
case by the court. Attorney Dade filed a
new divorce petition for N.B. on May 14,
2010.
¶12 On July 21, 2010, this court
temporarily suspended Attorney Dade's
license to practice law based on his failure
to cooperate in an OLR investigation
unrelated to the N.B. matter. In a July
2010 letter to N.B., Attorney Dade stated
his law license was suspended and that N.B.
would have to find new representation for
her newly filed divorce case.
¶13 N.B. obtained successor counsel to
represent her in the new divorce case. A
stipulation and order for substitution of
attorney was filed in August 2010. N.B. was
granted a default judgment of divorce on
March 1, 2011.
¶14 On October 24, 2012, the OLR filed a
complaint alleging that Attorney Dade
engaged in three counts of misconduct with
respect to his handling of N.B.'s case:
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[Count One:] By failing to file a
final financial disclosure statement and
trial brief by the court-ordered deadline
set forth in the pretrial order, and
otherwise failing to diligently prosecute
this case, resulting in dismissal of
[N.B.'s] divorce case on May 5, 2010,
[Attorney] Dade violated SCR 20:1.3.
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[Count Two:] By failing to file a
final financial disclosure statement and
trial brief by the court-ordered deadline
set forth in the pretrial order, [Attorney]
Dade also violated SCR 20:3.4(c).
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[Count Three:] By failing to respond
to [N.B.'s] telephone calls with regard to
adjourning the trial date, [Attorney] Dade
violated SCR 20:1.4(a)(4).
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¶15 On October 31, 2012, the OLR and
Attorney Dade filed a stipulation whereby
Attorney Dade stipulated to the allegations
contained in the OLR's complaint. The
stipulation states that Attorney Dade fully
understands the misconduct allegations and
the ramifications should the court impose
the stipulated level of discipline. The
stipulation also provides that Attorney Dade
understands his right to contest the matter
and understands his right to consult with
counsel, and that his entry into the
stipulation was made knowingly and
voluntarily and without the benefit of any
negotiations for a reduction in either
charges or sanction.
¶16 The OLR filed a memorandum in
support of the stipulation which states that
in formulating the recommendation for a 60-
day suspension, the OLR director considered
a number of similar cases, including In re
Disciplinary Proceedings Against Ermert,
2007 WI 10, 298 Wis. 2d 622, 726 N.W.2d 250,
and In re Disciplinary Proceedings Against
Anderson, 2010 WI 39, 324 Wis. 2d 627, 782
N.W.2d 100.
¶17 After careful review of the matter,
we adopt the stipulated facts and find it
appropriate to impose a 60-day suspension of
Attorney Dade's license to practice law.
Because Attorney Dade entered into a
comprehensive stipulation under SCR 22.12,
thereby obviating the need for the
appointment of a referee and a full
disciplinary proceeding, we accede to the
OLR's request that no costs be imposed in
this matter.
¶18 IT IS ORDERED that the license of
John R. Dade to practice law in Wisconsin is
suspended for 60 days, effective March 21,
2013.
¶19 IT IS FURTHER ORDERED that John R.
Dade 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.
¶20 IT IS FURTHER ORDERED that
compliance with all conditions of this order
is required for reinstatement. See SCR
22.28
(2).
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¶21 SHIRLEY S. ABRAHAMSON,
C.J. (dissenting). I would not accept
the
parties' stipulation of a 60-day
suspension. The attorney has been
disciplined four times previously for
similar offenses, including a 60-day
suspension in 2007.
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¶22 This stipulation is not in keeping
with the concepts of progressive discipline
or with assisting Attorney Dade in changing
his behavior to protect the public.
¶23 I am authorized to state that
Justice ANN WALSH BRADLEY joins this dissent.
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