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ATTORNEY disciplinary
proceeding. Attorney's license
suspended.
¶1 PER CURIAM. We review the
recommendation of the referee that Attorney
Vladimir M. Gorokhovsky be publicly
reprimanded for professional misconduct.
That misconduct consists of: (1) committing
criminal acts that reflect adversely on his
honesty, trustworthiness, and fitness as a
lawyer, in violation of SCR 20:8.4(b), and
(2) making false statements of fact or law
to a tribunal and engaging in conduct
involving dishonesty, fraud, deceit or
misrepresentation, in violation of SCR 20:3.3
(a)(1) and SCR 20:8.4(c). In addition to a
public reprimand, the referee recommended
that Attorney Gorokhovsky pay the costs of
this proceeding. As of April 29, 2013, the
Office of Lawyer Regulation (OLR) reported
costs of $13,835.76.
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¶2 No appeal has been filed. Thus, the
matter is submitted to the court for its
review pursuant to SCR 22.17(2). In
conducting our review, we will affirm the
referee's findings of fact unless they are
found to be clearly erroneous, but we will
review the referee's conclusions of law on a
de novo basis. See In re Disciplinary
Proceedings Against Inglimo, 2007 WI 126,
¶5, 305 Wis. 2d 71, 740 N.W.2d 125. The
court may impose whatever sanction it sees
fit regardless of the referee's
recommendation. See In re
Disciplinary
Proceedings Against Widule, 2003 WI 34,
¶44,
261 Wis. 2d 45, 660 N.W.2d 686.
¶3 After our independent review of the
record, we approve the referee's findings of
fact and conclusions of law and adopt them.
We agree that Attorney Gorokhovsky should
pay the full costs of this disciplinary
hearing. We do not, however, accept the
referee's recommendation that Attorney
Gorokhovsky's misconduct be sanctioned by a
public reprimand. The serious nature of
Attorney Gorokhovsky's misconduct combined
with his recent disciplinary history render
a public reprimand an insufficient
response. We therefore impose a 60-day
suspension of Attorney Gorokhovsky's
Wisconsin law license.
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¶4 Attorney Gorokhovsky was admitted to
practice law in Wisconsin in 2002. His
disciplinary history consists of the
following:
• Private reprimand in 2009 for
charging an unreasonable fee, failing to
treat a client's funds as trust property
until there was an accounting and severance
of the relationship, failing to timely
refund any advance payment of fees, and
failing to provide accurate information to
the OLR during its investigation. Private
Reprimand, No. 2009-23.
• Public reprimand in 2012 for failing
to provide competent representation to a
client, failing to consult with a client and
abide by a client's decisions concerning the
objectives of the representation, failing to
keep a client reasonably informed and
promptly comply with the client's reasonable
requests for information, accepting
compensation for legal services from someone
other than a client without obtaining the
client's prior consent, having a
compensation arrangement that interfered
with his independent professional judgment
and with the client-lawyer relationship,
discussing a client's case with the party
paying for his legal services without the
client's consent and allowing that party to
make decisions about the representation,
misrepresenting to the OLR the date of a
letter he allegedly sent to a client, and
charging an unreasonable fee. In re
Disciplinary Proceeding Against
Gorokhovsky,
2012 WI 120, 344 Wis. 2d 553, 824 N.W.2d
804.
¶5 On April 9, 2012, the OLR filed a
complaint against Attorney Gorokhovsky that
alleged three counts of professional
misconduct, the third of which the OLR later
dismissed. The OLR's complaint sought a 60-
day suspension of Attorney Gorokhovsky's
license to practice law. Attorney
Gorokhovsky filed an answer that admitted
some of the factual allegations of the
complaint, denied others, and denied any
violation of the Wisconsin Rules of
Professional Conduct for Attorneys.
¶6 This court appointed Attorney James
J. Winiarski as referee. The referee held
an evidentiary hearing on January 28 and 29,
2013. On April 8, 2013, the referee filed a
report containing his findings of fact and
conclusions of law, as well as his
recommendation for discipline. The
referee's report and the exhibits received
at the evidentiary hearing may be summarized
as follows.
¶7 Count One concerns Attorney
Gorokhovsky's misdemeanor convictions of two
counts of battery and one count of
disorderly conduct in Ozaukee County circuit
court, all as acts of domestic abuse against
his then wife. These convictions were the
result of a jury trial held on August 11,
2010. The circuit court sentenced Attorney
Gorokhovsky to concurrent 18-month terms of
probation for the two battery charges and a
60-day jail term for the disorderly conduct
conviction.
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¶8 The referee concluded that these
criminal acts reflected adversely on
Attorney Gorokhovsky's honesty,
trustworthiness, and fitness as a lawyer in
other respects, in violation of SCR 20:8.4
(b).
¶9 Count Two concerns certain
representations Attorney Gorokhovsky made to
the Cook County circuit court
(hereinafter "the Illinois court") in 2010.
Attorney Gorokhovsky entered an appearance
on behalf of his client, Providence Home
Health Care (hereinafter "Providence"), in
February of 2007, after being admitted to
appear pro hac vice. Providence was the
plaintiff in the Illinois case.
¶10 On August 9, 2010——two days before
Attorney Gorokhovsky's criminal trial in
Wisconsin——the Illinois court entered a
scheduling order setting a trial date of
November 8, 2010.
¶11 After Attorney Gorokhovsky was
convicted and sentenced in Wisconsin of
battery and disorderly conduct on August 11,
2010, he decided to seek a stay of the
November 2010 trial scheduled in the
Illinois court. On or about August 20,
2010, Attorney Gorokhovsky filed a motion
for stay, claiming to the Illinois court
that on August 11, 2010, he had "gone
through a dramatic event in his life,
resulting in partial incapacitation." He
stated that he was "going on personal,
family and health care leave of absence with
anticipated duration of several months,
commencing on August 26, 2010 and ending on
or about December 3, 2010." Attorney
Gorokhovsky did not explain the dramatic
event or health-related problem that served
as the basis for his motion.
¶12 Despite the fact that Attorney
Gorokhovsky told the Illinois court that his
personal and health-related leave would
commence on August 26, 2010, Attorney
Gorokhovsky appeared that day in Ozaukee
County circuit court to present argument in
a postconviction motion hearing in his own
criminal case. As a result of this
postconviction hearing, the Ozaukee County
circuit court granted a stay of Attorney
Gorokhovsky's jail sentence pending appeal.
¶13 On September 13, 2010, the Illinois
court held a hearing on Attorney
Gorokhovsky's motion for a stay of the
impending trial. A different lawyer
appeared in Attorney Gorokhovsky's place on
behalf of Providence. The Illinois court
continued the motion to September 22, 2010,
and ordered Attorney Gorokhovsky to provide
a detailed affidavit stating the reason for
the requested stay.
¶14 On or about September 20, 2010,
Attorney Gorokhovsky provided the Illinois
court with an affidavit in which he averred
that he suffered from severe psoriasis (a
skin condition) that had been manageable up
until August 11, 2010, but thereafter
substantially interfered with his normal day-
to-day functioning and ability to render
competent representation to his client.
Attorney Gorokhovsky further averred that on
the advice of his treating doctors, he
needed to "abstain from his professional
pursuits for a brief period of time" and
undergo "treatment which in [the] opinion of
his treating medical professionals will take
several months." Attorney Gorokhovsky
averred that his client would be "severely
prejudiced if this Honorable Court [does]
not grant a short period of stay of this
matter until December 6, 2010 to allow your
affiant to undergo . . . required medical
treatment to rectify his health impediment
and to protect his health and well-being."
In his affidavit, Attorney Gorokhovsky did
not reveal the fact of his criminal
convictions in Wisconsin, nor did he refer
to the sentence imposed or the fact that the
sentence was stayed pending appeal.
¶15 In further support of his motion for
a stay of the impending Illinois trial,
Attorney Gorokhovsky provided the Illinois
court with a letter dated September 21,
2010, from an individual named Oleh
Cherednyk, whom Attorney Gorokhovsky
identifies as a doctor of oriental
medicine. Cherednyk wrote in his letter to
the Illinois court that Attorney
Gorokhovsky's condition of psoriasis was
interfering with his daily activities
and "poses [a] severe health risk."
Cherednyk wrote that he has advised Attorney
Gorokhovsky "to avoid any and all instances
of possible stress by limiting his
professional activities to only uncontested
legal matters" and "not to participate as
[a] litigation attorney in any litigation-
related activities."
¶16 On September 22, 2010, the Illinois
court entered an order granting Attorney
Gorokhovsky's motion to stay the trial
scheduled for November 8, 2010.
¶17 Thereafter, notwithstanding his
representations to the Illinois court,
Attorney Gorokhovsky appeared and filed
documents in numerous court cases through
December of 2010. These appearances
included representing defendants in
preliminary hearings in criminal cases,
representing parties in contested motion
hearings, and appearing in court on his own
behalf in his criminal case and in his own
divorce case.
¶18 One of the defendants in the stayed
Illinois court case, T.V., learned of and
attended an October 2010 hearing in Attorney
Gorokhovsky's own divorce case in
Wisconsin. T.V. observed Attorney
Gorokhovsky's active participation in the
hearing.
¶19 On or about November 18, 2010,
T.V.'s attorney filed with the Illinois
court a motion for sanctions on behalf of
all of the defendants in Providence's
lawsuit. The motion alleged that Attorney
Gorokhovsky misrepresented to the Illinois
court that he needed a stay of the Illinois
proceeding because of his own serious
medical condition. The motion included an
affidavit from T.V. recounting her
observations of Attorney Gorokhovsky's
participation in his October 2010 hearing in
his own divorce case. T.V.'s attorney also
filed court records showing various court
appearances Attorney Gorokhovsky made after
the stay was granted.
¶20 On February 15, 2011, the Illinois
court revoked Attorney Gorokhovsky's pro hac
vice admission to appear in the Providence
case. The court ordered Attorney
Gorokhovsky and his client to pay $500,
jointly and severally, to the defendants for
their costs in bringing the motion for
sanctions. Providence paid the sanction.
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¶21 In the instant disciplinary case,
the referee concluded that Attorney
Gorokhovsky's actions in the Providence
matter violated SCR 20:3.3(a)(1) and SCR
20:8.4(c). The referee determined that
Attorney Gorokhovsky made a
misrepresentation to the Illinois court when
he stated that he was incapacitated and
would be taking a leave of absence from his
law practice for medical reasons, when in
fact he went on to make court appearances
and perform legal work in numerous Wisconsin
cases. The referee further found that
Attorney Gorokhovsky failed to disclose to
the Illinois court his criminal trial,
convictions, and sentence as a reason for
his request for a stay.
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¶22 The referee recommended that
Attorney Gorokhovsky be publicly
reprimanded, and that the costs of the
disciplinary proceeding be assessed against
him. In recommending a public reprimand,
the referee noted the following mitigating
factors: (1) Attorney Gorokhovsky's
underlying convictions are misdemeanors; (2)
Attorney Gorokhovsky served 60 days of
incarceration for his misdemeanor
convictions; (3) there is no evidence of
prior criminal conduct on the part of
Attorney Gorokhovsky; (4) Attorney
Gorokhovsky suffered a serious outbreak of
his pre-existing psoriasis as a result of
the stress of his divorce and criminal
trial; and (5) Attorney Gorokhovsky works
intensely and zealously as a lawyer for his
clients. The referee noted the following
aggravating factors: (1) domestic abuse
convictions are serious and reflect
negatively on Attorney Gorokhovsky's fitness
as a lawyer; (2) Attorney Gorokhovsky
deliberately hid his criminal convictions
and jail sentence from the Illinois court in
his efforts to secure a stay of an upcoming
trial; (3) Attorney Gorokhovsky refuses to
acknowledge the wrongful nature of his
conduct in the Illinois court; and (4) this
matter and Attorney Gorokhovsky's previous
disciplinary matters reveal a pattern of
disregard for his professional obligations
as an attorney.
¶23 After weighing these factors, the
referee rejected the OLR's request for a 60-
day suspension of Attorney Gorokhovsky's
Wisconsin law license and instead
recommended a public reprimand. The referee
concluded that a public reprimand "would
provide the public with notice of [Attorney]
Gorokhovsky's misconduct and members of the
public would then be in a position to
determine [Attorney] Gorokhovsky's fitness
as a lawyer, given his domestic abuse
convictions."
¶24 The matter is now before this court
to review the referee's report and
recommendation. We affirm the referee's
findings of fact, and we agree with the
referee that those factual findings
demonstrate that Attorney Gorokhovsky
committed the two counts of professional
misconduct at issue.
¶25 We further decide, contrary to the
referee's recommendation, that a 60-day
license suspension is appropriate. A 60-day
suspension is required by the serious nature
of the misconduct and Attorney Gorokhovsky's
previous disciplinary history. Attorney
Gorokhovsky stands convicted of two counts
of battery and one count of disorderly
conduct, all as acts of domestic abuse.
Domestic violence is an undisputedly serious
crime that reflects adversely on Attorney
Gorokhovsky's honesty, trustworthiness, or
fitness as a lawyer in other respects. See
SCR 20:8.4(b) cmt. [2]. In addition,
Attorney Gorokhovsky made intentionally
false, deceitful statements to the Illinois
court. While it may have been true that
Attorney Gorokhovsky was suffering from an
outbreak of psoriasis during the relevant
time period, this outbreak was not so
debilitating as to require him to refrain
from participating "in any litigation-
related activities," as he told the Illinois
court. Attorney Gorokhovsky's litigation
efforts in other cases, including his own,
contradicted his representation to the
Illinois court.
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¶26 We generally impose progressive
discipline, especially in cases involving a
pattern of similar misconduct. See,
e.g.,
In re Disciplinary Proceedings Against
Nussberger, 2006 WI 111, ¶27, 296 Wis. 2d
47, 719 N.W.2d 501. This is the third time
that Attorney Gorokhovsky has been the
subject of a disciplinary action. Attorney
Gorokhovsky engaged in the misconduct at
issue here in 2010, after we privately
reprimanded him in 2009. In 2012, we
publicly reprimanded Attorney Gorokhovsky
for eight counts of misconduct, including
the same behavior——dishonest or fraudulent
conduct——in play here. See id.
(noting
that we have imposed progressive discipline
when the conduct at issue in the current
disciplinary proceeding occurred prior to
the imposition of discipline in a prior
proceeding). In his 2012 public reprimand,
we "remind[ed] Attorney Gorokhovsky that the
court may impose progressively severe
sanctions when an attorney engages in a
pattern of misconduct." Gorokhovsky,
344
Wis. 2d 553, ¶34. Now that we already have
privately and publicly reprimanded Attorney
Gorokhovsky, imposing yet another reprimand
would unduly depreciate the seriousness of
his misconduct and the need to deter him
from continued unprofessional behavior.
Therefore, we impose a 60-day suspension.
We also remind Attorney Gorokhovsky, once
again, that this court may impose
progressively severe sanctions when an
attorney engages in a pattern of
misconduct.
¶27 Finally, we find it appropriate that
Attorney Gorokhovsky pay the full costs of
the proceeding, which are $13,835.76. Our
general policy is to impose the costs of a
disciplinary proceeding against the
respondent attorney whose misconduct
necessitated the proceeding. See SCR
22.24
(1m). We see no reason to deviate from that
policy in this case. There is nothing on
the face of the OLR's statement of costs
that would suggest the requested costs are
unreasonable. Attorney Gorokhovsky has not
objected to the imposition of the requested
costs. We therefore require Attorney
Gorokhovsky to pay the full costs of this
proceeding.
¶28 IT IS ORDERED that the license of
Vladimir M. Gorokhovsky to practice law in
Wisconsin is suspended for a period of 60
days, effective January 21, 2014.
¶29 IT IS FURTHER ORDERED that Vladimir
M. Gorokhovsky 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.
¶30 IT IS FURTHER ORDERED that within 60
days of the date of this order, Vladimir M.
Gorokhovsky shall pay to the Office of
Lawyer Regulation the costs of this
proceeding.
¶31 IT IS FURTHER ORDERED that
compliance with all conditions of this
decision is required for reinstatement.
See
SCR 22.28(2).
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