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William H. Green is a Wisconsin-licensed
attorney admitted to practice on September
6, 1990, State Bar number: 1001678. Green
maintains a solo private practice in
Milwaukee, WI. This reprimand is based upon
three matters.
First Matter
Green represented a woman on several matters
including bankruptcy, tax debts, and divorce
over the course of several years. Green
also represented the woman’s husband in
bankruptcy and tax debts. The woman
received a Chapter 7 discharge of her debts
in 2010. The tax debts remained, as they
were not subject to discharge. Green did
not pursue resolution of the tax debts,
despite accepting fees to do so.
In 2011, the woman hired Green to represent
her in her divorce and advanced him a total
of $1500 for fees. The agreement setting
forth the terms of his fee did not state the
firm’s intention to use the alternative fee
placement measures allowed under former SCR
20:1.15(b)(4m), effective prior to July 1,
2016, and the advanced funds were not held
in trust. Green thereby violated SCR
20:1.15(b)(4). When the divorce action was
dismissed four months later upon the
parties’ reconciliation, Green did not
provide an accounting of the funds.
In mid-2012, the woman again sought to file
bankruptcy and was required to file under
Chapter 13. Green did not communicate his
fee to the client in writing and the
documents he filed with the court, provided
conflicting information regarding his fee.
Green filed the Chapter 13 petition on the
woman’s behalf but then failed to perform
the necessary follow-up, respond to
objections, or prepare an amended plan. On
the trustee’s motion asserting unreasonable
delay, failure to file necessary documents,
and lack of payment by the debtor, the court
dismissed the bankruptcy.
Approximately one year after the dismissal,
Green filed another Chapter 13 Bankruptcy
petition on the woman’s behalf. Green again
did not communicate his fee to the client in
writing and provided conflicting information
to the court regarding his fee. The court
dismissed the petition when Green failed to
file requested amendments and no payments
were made under the plan.
Green eventually refunded all fees paid by
the woman in settlement of all potential
contract and tort claims the woman may have
had.
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By failing to file complete and accurate
documents in the Chapter 13 bankruptcies filed
on behalf of his client, Green violated SCR
20:1.1, which states, “A Lawyer shall provide
competent representation to a client.
Competent representation requires the legal
knowledge, skill, thoroughness and preparation
reasonably necessary for the representation.”
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By failing to promptly pursue resolution of
his client’s bankruptcy matters and tax debts,
Green violated SCR 20:1.3, which states, “A
lawyer shall act with reasonable diligence and
promptness in representing a client.”
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By failing to communicate to his client in
writing the basis or rate of his fees and the
purpose and effect of the advanced fees paid
by the client for the bankruptcy and tax debt
matters he agreed to handle, Green violated
SCR 20:1.5(b)(1) and (2), which requires
written communication of the basis or rate of
the lawyer’s fee exceeding $1000.00 and
written explanation of the purpose and effect
of any advance paid by the client.
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By failing to hold the advanced fees that his
client paid to him in trust, Green violated
former SCR 20:1.15(b)(4), effective prior to
July 1, 2016, which states, “Except as
provided in par. (4m), unearned fees and
advanced payments of fees shall be held in
trust until earned by the lawyer, and
withdrawn pursuant to sub. (g)…”
Second Matter
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In August of 2014, Green issued a check from
his firm’s business account in payment of
filing fees for four bankruptcy cases. The
check was returned due to insufficient
funds. The funds came from payments
advanced by the clients, but the funds were
not held in trust. By failing to hold in
trust funds advanced by his clients for
payment of their bankruptcy filing fees,
Green violated former SCR 20:1.15(b)(4)
effective prior to July 1, 2016, which
states, “Funds advanced by a client or 3rd
party for payment of costs shall be held in
trust until the costs are incurred.”
Third Matter
In September of 2015, Green filed a Chapter
7 bankruptcy petition on behalf of a single
member Limited Liability Corporation (LLC).
The LLC did not have a taxpayer
identification number (TIN) and Green
therefore used the principal’s social
security number (SSN) for the petition.
Green failed to redact the SSN as required
and the bankruptcy court clerk restricted
the petition and schedules from public view.
The clerk’s notice informed Green that
unless he filed a motion to redact and paid
the $25 fee for the motion, the petition
could be stricken. On the same day the
petition was filed, the Chapter 7 Trustee
filed notice of intent to abandon the single
asset in the estate, a parcel of real estate
with environmental problems and no equity.
Green, rather than filing a motion to redact
and pay the $25 fee as instructed, filed an
amended petition. Green did not file
amended schedules or an amended statement of
financial affairs. The bankruptcy documents
thus remained restricted from public view
throughout the case.
In November of 2015, upon learning of
Green’s failure to follow the clerk’s
directive, the court issued an order
directing Green to file a written motion to
redact the original petition and pay the $25
fee for such a motion, to file an amended
disclosure of compensation, stating exactly
what services were performed for the debtor,
by whom, at what hourly rate, and an
explanation of his handling of the case.
Green was ordered to comply by December 4,
2015, but did not do so.
On December 7, 2015, the court issued an
order to show cause as to why sanctions
should not be imposed. The order required
Green’s personal appearance at a hearing.
Green appeared and the court questioned him
extensively about his failure to follow the
clerk’s directive, his failure to respond to
the court’s order and his handling of the
case. The court concluded that Green’s
handling of the case was “rife with
incompetence” and that “the magnitude of the
mistakes here [was] significant.” The court
fined Green $2000.00 payable to the Pro Se
Bankruptcy Help Desk operated by the
Milwaukee Bar Association and reported the
matter to OLR.
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By failing to file a bankruptcy petition that
complied with privacy laws, Green failed to
provide competent representation to the LLC in
accordance with SCR 20:1.1, which states, “A
lawyer shall provide competent representation
to a client. Competent representation
requires the legal knowledge, skill,
thoroughness and preparation reasonably
necessary for the representation.”
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By filing disclosures of compensation that
were not accurate and listed services that
were not appropriate to a Chapter 7 proceeding
involving a corporate debtor, Green failed to
provide competent representation, in violation
of SCR 20:1.1.
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By failing to comply with the clerk of court’s
directive to correct the deficient filing,
Green violated SCR 20:3.4(c), which states, “A
lawyer shall not… knowingly disobey an
obligation under the rules of a tribunal,
except for an open refusal based upon on an
assertion that no valid obligation exists.”
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By failing to comply with a court order, Green
violated SCR 20:3.4(c), which states that a
lawyer shall not knowingly disobey an
obligation under the rules of a tribunal.
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Green was privately reprimanded in February of
2014 for neglect, failure to communicate and
failure to comply with a fee reporting statute
in a bankruptcy matter.
In accordance with SCR 22.09(3), William H.
Green is hereby publicly reprimanded.
Dated this 7th day of November, 2016.
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