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ATTORNEY disciplinary proceeding.
Attorney's license revoked.
¶1 PER CURIAM. In this disciplinary
proceeding, we are asked to determine
whether Attorney Ronald L. Brandt's license
to practice law in Wisconsin should be
revoked, as discipline reciprocal to that
imposed by the Supreme Judicial Court of
Massachusetts.
¶2 After considering this matter and in
view of Attorney Brandt's failure to respond
to our order to show cause, we conclude that
Attorney Brandt's license to practice law in
Wisconsin should be revoked. Given that
this matter has been resolved without a
contest or the appointment of a referee, we
do not impose any costs on Attorney Brandt.
¶3 Attorney Brandt was admitted to the
practice of law in this state in June 1972
and in the state of Massachusetts in January
1982. According to information provided to
the State Bar of Wisconsin, Attorney Brandt
most recently practiced law in
Massachusetts.
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¶4 Attorney Brandt has been the subject
of professional discipline in this state on
one prior occasion. In 2011 this court
publicly reprimanded Attorney Brandt as
discipline reciprocal to that also imposed by
the Supreme Judicial Court of Massachusetts.
See In re Disciplinary Proceedings Against
Brandt, 2011 WI 92, 337 Wis. 2d 43, 803 N.W.2d
845.
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¶5 Attorney Brandt's license to practice
law in Wisconsin has been administratively
suspended since October 2013 due to his
failure to pay bar dues and to file a required
annual trust account certificate.
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¶6 The Office of Lawyer Regulation
(OLR) initiated this disciplinary proceeding
by filing a complaint, order to answer, and
a motion requesting this court to issue an
order directing Attorney Brandt to show
cause, in writing, under Supreme Court Rule
(SCR) 22.22(3), why the imposition of
discipline identical to that imposed in
Massachusetts would be unwarranted. After
Attorney Brandt was served with these
documents, this court issued such an order
to show cause on June 15, 2017. Our order
directed Attorney Brandt to file his
response by July 5, 2017. Attorney Brandt
has not filed a response to the order to
show cause, nor has he filed any answer or
motion in response to the OLR's complaint.
¶7 The OLR's complaint alleges that on
January 30, 2017, the Supreme Judicial Court
of Massachusetts indefinitely suspended
Attorney Brandt's license to practice law in
that state. The OLR's complaint also
alleges that Attorney Brandt failed to
notify the OLR of this indefinite
suspension, as required under SCR 22.22(1).
¶8 According to the underlying
Massachusetts disciplinary records attached
to the OLR's complaint, the indefinite
suspension was the result of Attorney
Brandt's misconduct in three client
representations, as well as his failure to
cooperate with the Massachusetts bar counsel
and to comply with an administrative
suspension that was imposed due to his lack
of cooperation. Because Attorney Brandt did
not file an answer or otherwise respond to
the bar counsel's complaint, he was found to
be in default with respect to the
allegations of misconduct in the
Massachusetts disciplinary complaint.
¶9 In the first client representation,
a couple retained Attorney Brandt to
represent them in clearing legal title to
their residence. Pursuant to a written fee
agreement, the couple gave Attorney Brandt
an advance fee of $7,500, which he deposited
into his client trust account. Attorney
Brandt, however, failed to perform any
substantial legal services and to respond to
the couple's several requests for
information about their matter over the
course of approximately seven months. In
May 2015, Attorney Brandt closed his client
trust account and had the remaining balance
in the account ($6,764.16) disbursed to
himself, even though he had not earned any
of the remaining funds. Prior to
withdrawing the couple's funds, Attorney
Brandt did not send them an itemized bill,
written notice of the intended withdrawal,
or a statement of the balance of their
funds. Attorney Brandt converted the
couple's funds for his own personal purposes
or for purposes in other unrelated
representations.
¶10 In June 2015 Attorney Brandt vacated
his law office. He did not notify the
couple. In July 2015, due to their
inability to contact Attorney Brandt, the
couple terminated his representation and
requested a return of their file and the
advance fee. Despite several additional
attempts to obtain their file and the
unearned advance fee, Attorney Brandt never
responded to their requests.
¶11 Based on these facts, Attorney
Brandt was found to have violated the
following Massachusetts Rules of
Professional Conduct (Mass. R. Prof. C.) in
existence at the time of his misconduct:
1.1, 1.2(a), 1.3, 1.4(a) and (b), 1.15(b)
and (d), 1.16(d) and (e), and 8.4(c) and
(h).
¶12 In the second client representation,
Attorney Brandt was retained in June 2013 to
represent J.M. in an employment
discrimination claim. For the first six
months Attorney Brandt failed to respond to
at least nine emails sent by J.M., as well
as her numerous telephone calls. Attorney
Brandt ultimately did file a civil action on
J.M.'s behalf in February 2014, but he
failed to respond to any of the defendants'
discovery requests, to propound discovery
requests to the defendants, or to depose the
defendants. He also failed to advise J.M.
of her scheduled deposition until two days
before it was to occur. When she asked to
postpone the deposition so she could prepare
adequately, Attorney Brandt said that was
not possible because the notice had been on
his desk for over a week. Attorney Brandt's
continuing failure to respond to J.M.'s
multiple attempts at communication over the
next year ultimately led her to terminate
Attorney Brandt's representation and to hire
successor counsel, who then requested a copy
of J.M.'s file. Attorney Brandt failed to
provide the file. Despite Attorney Brandt's
lack of cooperation, successor counsel was
able to resolve the matter in J.M.'s favor.
¶13 In the J.M. matter, Attorney Brandt
was found to have violated Mass. R. Prof. C.
1.1, 1.2(a), 1.3, 1.4(a) and (b), and
1.16(e).
¶14 The third client matter involved
Attorney Brandt's representation of a
homeowner in a dispute regarding work
performed at the homeowner's residence. The
fee agreement provided for a contingency in
Attorney Brandt's favor, plus the payment of
a "non-refundable retainer" in the amount of
$2,500. The homeowner initially wished
Attorney Brandt to pursue a claim against a
subcontractor due to allegedly defective
work.
¶15 The general contractor sued the
homeowner shortly after Attorney Brandt had
been retained. Attorney Brandt filed an
answer and asserted certain counterclaims
against the general contractor. The trial
court subsequently dismissed some of the
homeowner's counterclaims and gave him
thirty days to join the subcontractor as a
necessary party to the litigation. The
general contractor subsequently propounded
discovery requests to the homeowner, to
which Attorney Brandt failed to respond,
resulting in motions to compel. Attorney
Brandt failed to propound any discovery to
the general contractor and failed to move to
join the subcontractor within the time frame
established by the court. The general
contractor then filed a second motion to
dismiss the homeowner's counterclaims, which
Attorney Brandt failed to oppose, resulting
in the granting of the motion.
¶16 In September 2015 counsel for the
general contractor informed the court that
he had not received answers to letters sent
to Attorney Brandt for several months and
that Attorney Brandt's telephone had been
disconnected. When Attorney Brandt failed
to notify the client or to appear at a final
pre-trial conference in December 2015, the
court entered a default against the
homeowner.
¶17 Given the circumstances, the court
directly notified the homeowner of the
default. The homeowner attempted multiple
times to contact Attorney Brandt, but he did
not respond. Consequently, the homeowner
terminated Attorney Brandt's representation
and retained successor counsel, who
immediately requested a copy of the
homeowner's client file. Attorney Brandt
failed to provide the file as requested.
The homeowner also requested a refund of the
"non-refundable retainer," but Attorney
Brandt did not provide any refund.
¶18 Based on these facts, Attorney
Brandt was found to have violated Mass. R.
Prof. C. 1.1, 1.2(a), 1.3, 1.4(a) and (b),
1.16(d) and (e).
¶19 Following receipt of grievances from
the clients identified above, the
Massachusetts bar counsel sent the
grievances to Attorney Brandt and requested
responses within specified time periods.
Bar counsel also requested Attorney Brandt
to appear at bar counsel's office. Attorney
Brandt failed to respond to the grievances
or to appear at bar counsel's office as
requested. As a result of his failure to
cooperate, the Supreme Judicial Court of
Massachusetts issued an order
administratively suspending Attorney
Brandt's license to practice law in that
state. The order further directed Attorney
Brandt to take certain steps within 30 days,
but Attorney Brandt failed to comply.
Attorney Brandt's lack of cooperation and
his failure to comply with the Supreme
Judicial Court's suspension order was found
to have violated multiple rules of
professional conduct.
¶20 Under SCR 22.22(3), this court shall
impose the identical discipline or license
suspension imposed on an attorney in another
jurisdiction, unless one or more of three
exceptions apply. Attorney Brandt has not
responded to the order to show cause or
alleged that any exception applies. After
reviewing the matter, we conclude that none
of the three exceptions applies. We
therefore revoke Attorney Brandt's license
to practice law in Wisconsin, as the most
similar form of discipline to the indefinite
suspension imposed by the Supreme Judicial
Court of Massachusetts. Given the
resolution of this matter without any
substantial litigation, we do not impose
costs on Attorney Brandt.
¶21 IT IS ORDERED that the license of
Ronald L. Brandt to practice law in
Wisconsin is revoked, effective the date of
this order.
¶22 IT IS FURTHER ORDERED that Ronald L.
Brandt 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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¶23 SHIRLEY S. ABRAHAMSON, J.
(concurring). This is a reciprocal
discipline case governed by Supreme Court
Rule (SCR) 22.22(3). SCR 22.22(3) requires
this court to impose "identical discipline"
to that imposed by the other state. The per
curiam opinion does not adhere to the text
of the rule. Rather, the per curiam opinion
revokes the attorney's license to practice
law "as the most similar form of discipline
to the indefinite suspension imposed by the
Supreme Judicial Court of Massachusetts."
¶24 I write to point out that once again
the instant case raises the question of what
constitutes "identical discipline" under SCR
22.22(3). I suggest, as I have suggested
previously, that the OLR Procedure Review
Committee (Professor Marsha Mansfield,
University of Wisconsin Law School,
Reporter), appointed by the court in June
2016, should consider proposing a revision
of the Supreme Court reciprocal discipline
rule to govern the many instances in which
this court cannot impose discipline
identical to that imposed by the other
state.
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