¶4 Attorney D'Arruda's professional disciplinary history consists of a 2011 private reprimand for misconduct in two felony defense matters. In one matter, Attorney D'Arruda failed to provide a written fee agreement or receipt to the client for a $5,000 payment he received. In the second matter, Attorney D'Arruda failed to provide a written fee agreement when he knew the total cost of representation would exceed $1,000. He also failed to respond to multiple OLR communications. Private Reprimand No. 2011-09. In 2013, Attorney D'Arruda was publicly reprimanded for misconduct in four client matters. The misconduct at issue in that case included failure to communicate with a client, failure to provide a final accounting or refund unearned fees, failure to hold an advanced fee in trust or refund the unearned fee, failure to turn over a client's file to appellate counsel in a timely fashion, and failure to cooperate with the OLR. In re Disciplinary Proceedings Against D'Arruda, 2013 WI 90, 351 Wis. 2d 227, 839 N.W.2d 575.

¶6 On January 6, 2015, the OLR filed a motion for default judgment. On January 20, 2015, the referee issued an order advising Attorney D'Arruda that if an answer to the second amended complaint was not filed by February 16, 2015, default judgment would be entered. Attorney D'Arruda failed to file an answer to the second amended complaint or otherwise appear in the case. On March 11, 2015, the referee issued an order recommending that default judgment be granted to the OLR. The referee's report and recommendation followed on March 24, 2015.

¶7 The allegations in the OLR's second amended complaint, which are discussed in detail in the referee's report, will not be extensively repeated here. We will briefly summarize the incidents giving rise to the misconduct.

Representation of S.N. (Counts One through Three)

¶8 In 2011, S.N. hired Attorney D'Arruda to represent him in a criminal misdemeanor case in Waukesha County. Attorney D'Arruda failed to promptly comply with S.N.'s reasonable requests for information, failed to sign a substitution request and promptly surrender S.N.'s file to successor counsel, and failed to provide the OLR with a written response to S.N.'s grievance.

Representation of O.W. (Counts Four through Seven)

¶9 In October 2011, a probation agent took O.W. into custody on suspicion of manufacturing and delivering heroin and other parole violations. O.W. hired Attorney D'Arruda to represent him in a probation revocation proceeding and against potential criminal charges. Attorney D'Arruda failed to communicate with O.W. or respond to his requests for information, failed to provide final accountings, failed to notify O.W. that he wished to terminate the representation, failed to turn over O.W.'s file and refund unearned fees, and failed to provide the OLR with a written response to O.W.'s grievance.

Grievance of W.C. (Count Eight)

¶10 On March 2, 2012, the OLR received a written grievance from W.C. against Attorney D'Arruda. Attorney D'Arruda failed to provide the OLR with his written response to the grievance in a timely fashion. The OLR eventually determined that it had insufficient evidence to pursue misconduct counts directly related to Attorney D'Arruda's representation of W.C.

Representation of A.M. and J.H. (Counts Nine and Ten)

¶11 In 2012, A.M. hired Attorney D'Arruda to represent her son, J.H. A.M. signed a fee agreement allowing Attorney D'Arruda to place his fees into his business account. The agreement required Attorney D'Arruda to provide A.M. with a final accounting upon termination of his representation. A.M. paid Attorney D'Arruda $1,600 in fees. Attorney D'Arruda deposited those fees into his business account. In April 2013, Attorney D'Arruda moved to withdraw from J.H.'s case because of a conflict. The circuit court granted that request. After withdrawal, Attorney D'Arruda failed to provide A.M. with a final accounting or notices, which Supreme Court Rule (SCR) 20:1.15(b)(4m) requires, regarding fee disputes and arbitration. Attorney D'Arruda also failed to provide the OLR with a written response to A.M.'s grievance in a timely fashion.

Representation of Y.L. (Counts 11-15)

¶12 In November 2012, the state charged Y.L. with two felonies. Y.L. was initially represented by a different attorney but, in March 2013, a friend of Y.L. contacted Attorney D'Arruda about representing Y.L. The friend signed a fee agreement for Y.L. with Attorney D'Arruda. The friend was not authorized to sign on Y.L.'s behalf. Attorney D'Arruda never gave Y.L. a copy of the fee agreement. The friend paid Attorney D'Arruda an advanced fee of $1,000 to represent Y.L., and later paid him an additional $500 in the matter. Attorney D'Arruda did not appear at Y.L.'s trial, did not respond to voicemails and text messages from Y.L., and did not give Y.L. an accounting of fees, refund the $1,500, or provide Y.L. with information on disputing the fee. He also failed to provide the OLR with a written response to Y.L.'s grievance.

Grievance of A.A. Sr. and A.A. Jr. (Count 16)

¶13 On April 5, 2013, the OLR received a grievance from A.A. Sr. and A.A. Jr. regarding Attorney D'Arruda's representation of A.A. Jr. Attorney D'Arruda failed to file a timely response to the grievance. The OLR eventually determined that it had insufficient evidence to prove misconduct directly related to Attorney D'Arruda's conduct in his representation of A.A. Jr.

Grievance of S.O. (Count 17)

¶14 On February 27, 2013, the OLR received a written grievance from S.O. Attorney D'Arruda failed to file a timely response to the grievance. The OLR subsequently determined that it had insufficient evidence to prove misconduct directly related to Attorney D'Arruda's conduct in his representation of S.O.

Representation of D.P. (Counts 18-20)

¶15 In December 2013, Attorney D'Arruda represented D.P. in a Milwaukee County case. A jury trial was scheduled for December 2, 2013. Attorney D'Arruda failed to appear for the scheduled jury trial. Instead, another attorney appeared with a letter from Attorney D'Arruda addressed to the judge. Attorney D'Arruda's letter represented that, as of November 26, 2013, the OLR had temporarily suspended Attorney D'Arruda's license to practice law. Attorney D'Arruda requested that the court adjourn the trial. In fact, Attorney D'Arruda's law license was not suspended as of either November 26 or December 2, 2013. Attorney D'Arruda also failed to provide the OLR with a written response to D.P.'s grievance in a timely fashion.

Representation of S.N. and R.M. (Counts 21- 26)

¶16 In July 2013, the state charged S.N. with two misdemeanors. In February 2014, S.N. was charged with a felony. On February 27, 2014, this court ordered Attorney D'Arruda to show cause by March 19, 2014, why his license to practice law should not be suspended for failure to cooperate with the OLR's investigation of several matters. Attorney D'Arruda failed to respond to the order to show cause.

¶17 On March 29, 2014, S.N.'s mother, R.M., hired Attorney D'Arruda to represent S.N. in the two criminal cases. R.M. signed a fee agreement and paid Attorney D'Arruda an advanced fee of $2,000. On April 10, 2014, Attorney D'Arruda appeared in S.N.'s misdemeanor case and filed a request for substitution of attorneys. He never appeared in S.N.'s felony case.

¶18 On April 16, 2014, this court temporarily suspended Attorney D'Arruda's license for noncooperation in several matters. Attorney D'Arruda never notified S.N. or the judges presiding in her cases of his suspension. Attorney D'Arruda did not give S.N. or R.M. an accounting of fees, refund the $2,000, or provide information on disputing the fee. Attorney D'Arruda failed to respond to S.N.'s grievance. In August 2014, the Wisconsin Lawyers' Fund for Client Protection (Fund) paid R.M. $2,000 for reimbursement of money given to Attorney D'Arruda.

Representation of I.P. and D.M. (Counts 27- 31)

¶19 In June 2013, the state charged I.P. with multiple felonies. On January 2, 2014, I.P.'s mother, D.M., hired Attorney D'Arruda to represent I.P. D.M. signed a fee agreement and paid Attorney D'Arruda an advanced fee of $1,500. On March 3, 2014, Attorney D'Arruda appeared with I.P. at a status conference. A trial date was set for May 12, 2014. By April 11, 2014, D.M. had paid Attorney D'Arruda an additional $1,600. On April 16, 2014, Attorney D'Arruda's license was temporarily suspended. Attorney D'Arruda never notified I.P. of his suspension. He failed to provide an accounting of fees, failed to refund fees, and failed to respond to the OLR's grievance investigation.

Representation of T.S. (Counts 32-36)

¶20 On February 22, 2014, the state charged T.S. with multiple misdemeanors. T.S. hired Attorney D'Arruda to represent him on April 1, 2014. T.S. signed a fee agreement and paid Attorney D'Arruda an advanced fee of $500. Attorney D'Arruda appeared with T.S. at a status conference on April 11, 2014. Attorney D'Arruda never notified T.S. that his law license was temporarily suspended on April 16, 2014. He did not give T.S. an accounting of fees, did not refund the $500, and did not provide T.S. with information about disputing the fee. In August 2014, the Fund paid T.S. $500 for reimbursement of money given to Attorney D'Arruda.

Representation of L.S. and L.L. (Counts 37- 42)

¶21 On December 4, 2013, the state charged L.S. with a felony. On January 20, 2014, the state charged L.S. with additional felonies. On March 5, 2014, L.S.'s friend, L.L., hired Attorney D'Arruda to represent L.S. in the criminal cases. L.L. signed a fee agreement on L.S.'s behalf and paid Attorney D'Arruda an advanced fee of $2,500. Attorney D'Arruda appeared at a status conference on March 27, 2014. A pretrial was scheduled for May and a trial date was set for June. Attorney D'Arruda failed to notify L.S. or the circuit court that his law license was temporarily suspended on April 16, 2014. Attorney D'Arruda failed to provide L.S. or L.L. with an accounting of fees, failed to refund the $2,500, and failed to provide information on disputing the fee. Attorney D'Arruda also failed to respond to the OLR's request for information about L.L.'s grievance.

¶22 The referee said that, although Attorney D'Arruda was given several extensions and was encouraged to file an answer to the second amended complaint, he instead chose to default. The referee commented that, by failing to appear and explain his misconduct, Attorney D'Arruda put the referee in a most difficult position. Given Attorney D'Arruda's failure to appear and respond to the allegations in the case, the referee found that the OLR met its burden of proof with respect to all allegations in the second amended complaint.

¶23 With respect to the appropriate sanction, the referee noted that this case includes many instances where Attorney D'Arruda accepted monetary payments from clients for legal services he was to render. In many instances, those initial payments by clients were placed into Attorney D'Arruda's business account rather than into his trust account. Attorney D'Arruda repeatedly failed to provide an itemized statement to his clients or otherwise account for the disposition of payments received from his clients. The referee said that this conduct was similar to that for which Attorney D'Arruda was both privately and publicly reprimanded in the past. The referee said:

¶24 The referee said that Attorney D'Arruda's misconduct was most serious and repetitive in nature. The referee opined that a high level of discipline is needed to protect the public and the legal professional against such misconduct and that a high level of discipline is also needed to impress upon Attorney D'Arruda the seriousness of his misconduct and deter similar misconduct by other lawyers. While the referee commented that Attorney D'Arruda's misconduct could justify revocation of his law license, the referee ultimately agreed with the level of discipline sought by the OLR, a three-year suspension of Attorney D'Arruda's license. In addition, the referee recommended that Attorney D'Arruda be ordered to pay restitution of $1,500 to Y.L., $2,500 to L.L., and $2,500 to the Fund ($2,000 for S.N. and R.M.; $500 for T.S.). Finally, the referee recommended that Attorney D'Arruda be required to pay the full costs of the proceeding.

¶25 Attorney D'Arruda has not filed an appeal from the referee's report and recommendation.

¶28 We agree with the referee that the allegations in the OLR's second amended complaint have been established and that Attorney D'Arruda engaged in the 42 counts of misconduct alleged in the complaint. Attorney D'Arruda violated the following supreme court rules, some in multiple instances: 20:1.4(a)(3) and (4); 20:1.4(b); 20:1.5(a); 20:1.5(b); 20:1.15(b)(4m)b.; 20:1.16(d); 20:3.3(a)(1); 20:8.4(c); 22.03 (2) and (6), enforced via 20:8.4(h); and 22.26, enforced via 20:8.4(f).

¶29 We further agree with the referee that a three-year suspension of Attorney D'Arruda's license to practice law in Wisconsin is an appropriate sanction for his misconduct. Although no two fact situations are identical, we find the misconduct at issue here somewhat analogous to the conduct at issue in In re Disciplinary Proceedings Against Cooper, 2007 WI 37, 300 Wis. 2d 61, 729 N.W.2d 206, and In re Disciplinary Proceedings Against Bryant, 2015 WI 7, 360 Wis. 2d 625, 858 N.W.2d 681, in which three- year suspensions were also imposed. Cooper involved 35 counts of misconduct affecting seven clients. This case involves 42 counts of misconduct affecting 12 clients. In all three cases, the attorneys failed to comply with clients' requests for information, failed to explain matters to the extent reasonably necessary to permit clients to make informed decisions regarding the representations, and failed to timely respond to the OLR's requests for information. Although Attorney D'Arruda's prior disciplinary history is not extensive, the misconduct at issue here is very serious and warrants a significant sanction. We also agree that Attorney D'Arruda should make restitution as recommended by the referee and that he should be required to bear the full costs of this proceeding.

¶30 IT IS ORDERED that the license of Robert Paul D'Arruda to practice law in Wisconsin is suspended for a period of three years, effective the date of this order.

¶31 IT IS FURTHER ORDERED that within 60 days of the date of this order, Robert Paul D'Arruda shall make restitution as follows: $1,500 to Y.L.; $2,500 to L.L.; and $2,500 to the Wisconsin Lawyers' Fund for Client Protection.

¶32 IT IS FURTHER ORDERED that within 60 days of the date of this order, Robert Paul D'Arruda shall pay to the Office of Lawyer Regulation the costs of this proceeding, which are $2,379.96.

¶33 IT IS FURTHER ORDERED that the restitution specified above is to be completed prior to paying costs to the Office of Lawyer Regulation.

¶34 IT IS FURTHER ORDERED that, to the extent he has not already done so, Robert Paul D'Arruda shall comply with the provisions of SCR 22.26 concerning the duties of an attorney whose license to practice law has been suspended.