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ATTORNEY disciplinary
proceeding. Attorney's license revoked.
¶1 PER CURIAM. Attorney Bridget E.
Boyle has filed a petition for the
consensual revocation of her license to
practice law in Wisconsin pursuant to SCR
22.19. Attorney Boyle's petition states
that she cannot successfully defend against
seven Office of Lawyer Regulation (OLR)
grievance investigations in which the
Preliminary Review Committee (PRC) has found
cause to proceed as to multiple counts of
misconduct, as well as seven additional
pending OLR grievance matters that have not
yet been fully investigated by the OLR or
brought to the PRC for its consideration.
Attorney Boyle's petition further states
that she cannot successfully defend against
22 counts of professional misconduct in four
grievance matters which are the subject of a
pending appeal before this court, In re
Disciplinary Proceedings Against Bridget E.
Boyle, Case No. 2012AP2423-D. Attorney
Boyle's petition further states that she
cannot successfully defend against 15 counts
of professional misconduct alleged in the
OLR's complaint, filed July 18, 2013, in
In re Disciplinary Proceedings Against
Bridget Boyle, Case No. 2013AP1592-D.
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¶2 Attorney Boyle was admitted to the
practice of law in Wisconsin in 1995 and,
prior to her most recent disciplinary
suspension, practiced in Milwaukee.
Attorney Boyle has a lengthy disciplinary
history, and her license to practice law in
this state is currently suspended. Her
prior disciplinary matters can be summarized
as follows:
¶3 In 2008 Attorney Boyle was privately
reprimanded for failing to act with
reasonable diligence and promptness in
representing a client; failing to keep a
client reasonably informed about the status
of a matter; failing to promptly comply with
reasonable requests for information; and
failing to explain a matter to the extent
reasonably necessary to permit the client to
make informed decisions regarding the
representation. Private Reprimand, No. 2008-
09.
¶4 In 2012 Attorney Boyle was suspended
for 60 days for failing to act with
reasonable diligence and promptness in
representing a client; failing to
communicate appropriately with a client;
failing to promptly respond to a client's
request for information concerning fees and
expenses; failing to take steps to the
extent reasonably practicable to protect a
client's interest; failing to cooperate with
an OLR investigation into her conduct;
willfully failing to provide relevant
information, fully answer questions, or
furnish documents in the course of an OLR
investigation; and engaging in conduct
involving dishonesty, fraud, deceit, or
misrepresentation. In re Disciplinary
Proceedings Against Boyle, 2012 WI 54, 341
Wis. 2d 92, 813 N.W.2d 215.
¶5 In 2012 the Seventh Circuit Court of
Appeals disbarred Attorney Boyle from
further practice in that court for her
abandonment of her client in a criminal
case. In re Bridget Boyle-Saxton, 668
F.3d 471 (7th Cir. 2012).
¶6 In 2013 Attorney Boyle was suspended
for six months for failing to keep her
client reasonably informed about the status
of a matter; failing to promptly comply with
her client's reasonable requests for
information; failing to communicate the
basis for her fee; failing to promptly
respond to a client's request for
information concerning fees and expenses;
failing to return a client's file upon
termination of representation; failing to
act with reasonable diligence and promptness
in representing a client; charging an
unreasonable fee; failing to hold unearned
fees and advanced payments of fees in trust
until earned; and failing to refund unearned
fees. In re Disciplinary Proceedings
Against Boyle, 2013 WI 103, 351 Wis. 2d
713, 840 N.W.2d 694. This six-month
suspension went into effect on January 30,
2014, and her license remains suspended.
¶7 Attached to Attorney Boyle's
petition for revocation are the following
three documents: (1) the OLR's summary of
misconduct allegations in 14 pending
investigative matters that have not been
publicly charged; (2) the referee's report
in Case No. 2012AP2423-D in which the
referee determined that Attorney Boyle
engaged in 22 counts of misconduct in four
grievance matters and recommended an 18-
month suspension of Attorney Boyle's law
license; and (3) the complaint in Case No.
2013AP1592-D, filed July 18, 2013, in which
the OLR alleged that Attorney Boyle engaged
in 15 counts of misconduct in five grievance
matters and asked for a one-year license
suspension.
¶8 It is not necessary to describe the
particular factual allegations of each
representation. A synopsis of the
information contained in the attachments to
Attorney Boyle's petition for revocation
will provide a sufficient description of the
nature and scope of her professional
misconduct.
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¶9 The OLR's summary of misconduct
allegations in the 14 pending investigative
matters that have not been publicly charged
synopsizes alleged violations or potential
violations of the following rules: SCR 1.1
(failing to provide competent
representation); SCR 20:1.2(a) (failing to
abide by the client's decisions concerning
the objectives of representation); SCR
20:1.3 (failing to act with reasonable
diligence and promptness in representing a
client); SCR 20:1.4(a)(2) (failing to
reasonably consult with a client about the
means by which the client's objectives are
to be accomplished); SCR 20:1.4(a)(3)
(failing to keep a client reasonably
informed about the status of a matter); SCR
20:1.4(a)(4) (failing to promptly comply
with reasonable requests by the client for
information); SCR 20:1.4(b) (failing to
explain a matter to the extent reasonably
necessary to permit a client to make
informed decisions regarding the
representation); SCR 20:1.5(a) (charging an
unreasonable fee); SCR 20:1.5(b)(1)
(failing to adequately explain the basis on
which lawyer's fee would be calculated); SCR
20:1.5(b)(3) (failing to promptly respond to
a client's request for information
concerning fees and expenses); SCR 20:1.9
(operating under a conflict of interest with
a former client); SCR 20:1.15(b)(4) (failing
to deposit advanced payments of fees and
costs into trust account); SCR 20:1.15(b)
(4m) (depositing unearned advanced fees
payment in business account rather than in
trust account without complying with the
notice, accounting, and arbitration
requirements of SCR 20:1.15(b)(4m)); SCR
20:1.15(g)(1) (failing to notify clients of
withdrawal of non-contingent fees from trust
account); SCR 20:1.16(d) (failing to take
steps to protect client's interests upon
termination of representation); SCR 20:3.4
(c) (knowingly disobeying an obligation
under the rules of a tribunal); SCR 20:5.3
(failing to properly supervise nonlawyer
assistants); SCR 20:8.4(c) (engaging in
conduct involving dishonesty, fraud, deceit
or misrepresentation); SCR 22.03(2) (failing
to cooperate with an OLR investigation); SCR
22.03(6) (failing to provide relevant
information, to answer questions fully, or
to furnish documents in the course of an OLR
investigation); and SCR 22.26(1) (failing to
comply with the duties of a person whose
license to practice law in Wisconsin has
been suspended).
¶10 The referee's report and
recommendation in Case No. 2012AP2423-D sets
forth the referee's determination that
Attorney Boyle engaged in 22 counts of
misconduct in four grievance matters.
Attorney Boyle had appealed from this report
and recommendation, but now concedes that
she cannot successfully defend herself
against the professional misconduct
described in the report and recommendation.
The misconduct, as determined by the
referee, involved violations of the
following rules: SCR 20:1.1 (failing to
provide competent representation); SCR 20:1.2
(a) (failing to abide by a client's
decisions concerning the objectives of
representation); SCR 20:1.3 (failing to act
with reasonable diligence and promptness in
representing a client); SCR 20:1.4(a)(2)
(failing to reasonably consult with a client
about the means by which the client's
objectives are to be accomplished); SCR
20:1.4(a)(3) (failing to keep a client
reasonably informed about the status of a
matter); SCR 20:1.4(a)(4) (failing to
promptly comply with reasonable requests by
the client for information); SCR 20:1.5(a)
(charging an unreasonable fee); SCR 20:1.5(b)
(1) (failing to adequately explain the basis
on which the lawyer's fee would be
calculated); SCR 20:1.5(b)(2) (failing to
communicate in writing to the client the
purpose and effect of any retainer or
advance fee that is paid to the lawyer); SCR
20:1.15(b)(1) (failing to hold in trust
property of clients and third parties that
is in the lawyer's possession in connection
with a presentation); SCR 20:1.15(b)(4)
(failing to deposit advanced payments of
fees and costs into trust account); SCR
20:1.16(a)(2) (failing to withdraw from
representation when the lawyer's physical or
mental condition materially impairs the
lawyer's ability to represent the client);
SCR 20:1.16(d) (failing to take steps to
protect client's interests upon termination
of representation); SCR 20:3.2 (failing to
make reasonable efforts to expedite
litigation of the client's case); SCR 20:3.4
(c) (knowingly disobeying an obligation
under the rules of a tribunal); and SCR
20:8.4(c)(engaging in conduct involving
dishonesty, fraud, deceit or
misrepresentation).
¶11 The OLR's complaint in Case No.
2013AP1592-D against Attorney Boyle alleges
that that she engaged in 15 counts of
misconduct in five grievance matters. The
alleged misconduct involved violations of
the following rules: SCR 20:1.2(a) (failing
to abide by the client's decisions
concerning the objectives of
representation); SCR 20:1.3 (failing to act
with reasonable diligence and promptness in
representing a client); SCR 20:1.4(a)(2)
(failing to reasonably consult with a client
about the means by which the client's
objectives are to be accomplished); SCR
20:1.4(a)(3) (failing to keep a client
reasonably informed about the status of a
matter); SCR 20:1.4(a)(4) (failing to
promptly comply with reasonable requests by
the client for information); SCR 20:1.5(b)
(1) (failing to adequately explain the basis
on which the lawyer's fee would be
calculated); SCR 20:1.5(b)(2) (failing to
communicate in writing to the client the
purpose and effect of any retainer or
advance fee that is paid to the lawyer); SCR
20:1.5(b)(3) (failing to promptly respond to
a client's request for information
concerning fees and expenses); SCR 20:1.15(b)
(4) (failing to deposit advanced payments of
fees and costs into trust account); SCR
20:1.16(d) (failing to take steps to protect
client's interests upon termination of
representation); SCR 22.03(2) (failing to
cooperate with an OLR investigation); and
SCR 22.03(6) (failing to provide relevant
information, to answer questions fully, or
to furnish documents in the course of an OLR
investigation).
¶12 Attorney Boyle's petition for
consensual revocation states that she cannot
successfully defend herself against the
allegations of professional misconduct set
forth in the OLR's summary of the matters
still in the investigative process, the
referee's report and recommendation in Case
No. 2012AP2423-D, and the OLR's complaint in
Case No. 2013AP1592-D. Attorney Boyle's
petition asserts that she is seeking
consensual revocation freely, voluntarily,
and knowingly. Attorney Boyle states that
she understands she is giving up her right
to further contest the OLR's allegations.
She further acknowledges that she has been
given the opportunity to consult with
counsel.
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¶13 The OLR's report and recommendation
in support of the petition contains a
restitution request. The OLR requests that
Attorney Boyle be ordered to pay restitution
in the amount of $2,000 to former client
J.T.; $10,000 to former client P.K.; and
$5,000 to former client D.H. The OLR
further requests that Attorney Boyle be
ordered to pay the amount of any award
resulting from a November 2013 State Bar of
Wisconsin fee arbitration hearing concerning
her former client, L.W. Attorney Boyle's
petition states that she agrees that she
should be ordered to pay these restitution
amounts.
¶14 Having reviewed Attorney Boyle's
petition, the OLR's summary of misconduct
allegations in pending investigative
matters, the referee's report in Case No.
2012AP2423-D, and the OLR's complaint in
Case No. 2013AP1592-D, we conclude that the
petition for consensual revocation should be
granted. It is clear from the descriptions
of the various representations that Attorney
Boyle has engaged in a widespread pattern of
serious professional misconduct that has
harmed her clients. It is also clear that
Attorney Boyle is currently unwilling or
unable to conform her conduct to the
standards that are required to practice law
in this state.
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¶15 Attorney Boyle asks the court to
make her revocation effective as of January
30, 2014, the effective date of her six-
month license suspension imposed in In re
Disciplinary Proceedings Against Boyle,
2013 WI 103, 351 Wis. 2d 713, 840 N.W.2d
694. The OLR endorses this request in its
report and recommendation in support of the
petition. We reject Attorney Boyle's
request. Customarily, the effective date
of a license revocation to be imposed for a
lawyer's misconduct is the date of the
court's order imposing the revocation. We
see no reason to depart from that practice
here.
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¶16 We further determine, in light of
the OLR's report and Attorney Boyle's
agreement, that Attorney Boyle should be
required to pay $2,000 to former client
J.T.; $10,000 to former client P.K.; $5,000
to former client D.H.; and the amount of any
award resulting from the November 2013 State
Bar of Wisconsin fee arbitration hearing
concerning her former client, L.W.
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¶17 Finally, we impose full costs. The
OLR seeks costs totaling $13,272.42 as of
February 21, 2014. This figure represents
the costs incurred by the OLR in the pending
appeal before this court, Case No.
2012AP2423-D, and in the disciplinary matter
that led to the filing of the complaint in
Case No. 2013AP1592-D. Under SCR 22.24(1m),
this court's general policy is to impose
full costs. Attorney Boyle has not objected
to the OLR's requested costs and has not
alleged any factors that would justify a
reduction in costs. Consequently, Attorney
Boyle shall bear the entire costs of this
disciplinary proceeding.
¶18 IT IS ORDERED that the petition for
consensual license revocation is granted.
¶19 IT IS FURTHER ORDERED that the
license of Bridget E. Boyle to practice law
in Wisconsin is revoked, effective the date
of this order.
¶20 IT IS FURTHER ORDERED that within 60
days of the date of this order Bridget E.
Boyle shall pay restitution in the amount of
$2,000 to former client J.T.; $10,000 to
former client P.K.; $5,000 to former client
D.H.; and the amount of any award resulting
from the November 2013 State Bar of
Wisconsin fee arbitration hearing concerning
her former client, L.W.
¶21 IT IS FURTHER ORDERED that within 60
days of the date of this order, Bridget E.
Boyle shall pay the Office of Lawyer
Regulation the costs of this proceeding.
¶22 IT IS FURTHER ORDERED that the
restitution specified above is to be
completed prior to paying costs to the
Office of Lawyer Regulation.
¶23 IT IS FURTHER ORDERED that, to the
extent she has not already done so, Bridget
E. Boyle shall comply with the provisions of
SCR 22.26 concerning the duties of a person
whose license to practice law in Wisconsin
has been revoked.
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¶24 ANN WALSH BRADLEY, J.
(concurring). I write separately to address
the issue of restitution. On May 6, 2014,
the referee assigned to Case No. 2013AP1592-
D, Attorney James W. Mohr, Jr., filed a
report and recommendation pursuant to SCR
22.19(4). In his report, Referee Mohr
recommended that the court revoke Attorney
Boyle's Wisconsin law license, order her to
pay the full costs of the proceeding, and
order her to pay a total of $21,500 in
restitution, less any provable offsets. I
would order the restitution recommended by
Referee Mohr.
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