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ATTORNEY disciplinary proceeding.
Attorney's license revoked.
¶1 PER CURIAM. Pending before the
court is a report and recommendation filed
by Referee David G. Deininger. The report
recommends that we accept Attorney Stanley
Whitmore Davis' amended petition for
consensual license revocation, order him to
pay restitution, and revoke his license to
practice law in Wisconsin. Attorney Davis
is the subject of an Office of Lawyer
Regulation (OLR) disciplinary complaint
alleging that he committed 11 counts of
professional misconduct in two client
matters. He is also the subject of two
pending grievances that have not yet been
fully investigated by the OLR.
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¶2 We agree that both revocation and
restitution are appropriate, and we agree that
Attorney Davis shall pay the full costs of
this proceeding, which are $1,497.67 as of
October 8, 2020.
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¶3 Attorney Davis was admitted to the
practice of law in Wisconsin in 1998. He
currently resides in Orlando, Florida. His
law license is presently suspended for both
disciplinary and administrative reasons. In
June 2020 we issued a per curiam decision
suspending Attorney Davis' law license for
one year for 36 counts of professional
misconduct committed in eight client
matters. That misconduct included
practicing law while suspended, failure to
inform clients of his suspensions, neglect
of client matters, and failure to account
for advanced fees or to refund unearned
fees. In re Disciplinary Proceedings
Against Davis, 2020 WI 48, ¶11, 392 Wis.
2d 21, 943 N.W.2d 885.
¶4 His law license has been
administratively suspended for failure to
pay State Bar dues and failure to provide a
required trust account certification since
November 2, 2018. It has also been
administratively suspended for failure to
comply with CLE reporting requirements since
June 5, 2019.
¶5 On December 20, 2019, while the
above-referenced disciplinary matter was
still pending, the OLR filed the
disciplinary complaint now before us. In
it, Attorney Davis was charged with 11
counts of professional misconduct in two
client matters and the OLR sought a six-
month license suspension, restitution, and
costs. Attorney Davis was personally
served, but did not file an answer to the
complaint. We appointed Referee David G.
Deininger to preside over this matter.
¶6 Attorney Davis attempted to resolve
all of his then pending disciplinary matters
by filing a Petition for Revocation by
Consent on May 19, 2020. However, by the
time he filed that petition, our review of
the first disciplinary matter was complete
and our June 2020 opinion was awaiting
release. Accordingly, we dismissed Attorney
Davis' initial petition for license
revocation and directed the parties to
proceed in this matter. We further directed
the parties to advise Referee Deininger if
Attorney Davis opted to file an amended
Petition for Revocation by Consent. He
subsequently did so, the referee has issued
a report, and the matter is now properly
before us.
¶7 We first consider the pending
disciplinary complaint. The first five
counts arise from Attorney Davis'
representation of D.R. D.R. retained
Attorney Davis in February 2017 to represent
him regarding his employment termination
from the Wisconsin Department of Children
and Families. D.R. paid Attorney Davis
$3,500 in advanced fees to represent him.
Over the next two years, Attorney Davis
repeatedly failed to notify D.R. when
Attorney Davis' law license was suspended;
continued his representation of D.R. during
these license suspensions; missed the
deadline for filing a Notice of Claim with
the Wisconsin Attorney General (a
prerequisite for filing suit on D.R.'s
termination); and did not provide D.R.'s
case file to him when requested. After D.R.
filed a grievance with the OLR, Attorney
Davis failed to respond to the OLR's request
for a response.
¶8 Based on the forgoing, the OLR
alleged that Attorney Davis' handling of the
D.R. matter violated a number of the rules
of professional conduct, as follows:
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Count One: By failing to notify
D.R. of
the May 31, 2017 suspension of his Wisconsin
law license, or his subsequent suspensions,
and his consequent inability to practice law,
Attorney Davis violated SCR 22.26(1)(a),
enforceable via SCR 20:8.4(f).
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Count Two: By continuing to
represent and provide legal advice to D.R.
following the May 31, 2017 suspension of his
Wisconsin law license, Attorney Davis violated
SCR 10.03(6), SCR 22.26(2), and SCR 31.10(l),
enforceable via SCR 20:8.4(f).
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Count Three: By misapprehending the
deadline and thereby missing the 120-day
deadline to file a notice of claim for D.R.'s
termination, Attorney Davis violated SCR
20:1.1.
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Count Four: By failing to return
D.R.'s case file, Attorney Davis violated SCR
20:1.16(d).
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Count Five: By failing to respond
to the OLR's April 11, 2019 request for a
response to D.R.'s grievance, Attorney Davis
violated SCR 22.03(2), enforceable via SCR
20:8.4(h).
¶9 The remaining allegations in the OLR
complaint relate to Attorney Davis'
representation of the National Association
to Stop Guardian Abuse, Inc. and related
parties (collectively NASGA). On May 31,
2017, Attorney Davis' Wisconsin law license
was administratively suspended for non-
compliance with CLE reporting requirements.
On August 1, 2017, NASGA retained Attorney
Davis to represent them in an ongoing
dispute with another advocacy group.
Attorney Davis was paid $7,500 in advanced
fees for that representation.
¶10 Attorney Davis did not inform NASGA
that his Wisconsin law license was suspended
and he failed to advise them of a subsequent
license suspension for failure to pay bar
dues. As the referee observed:
Over the ensuing eighteen months,
Davis did
not inform his clients of his license
suspensions; prepared two cease and desist
letters but did not follow up with further
actions regarding the opposing party's
alleged defamation; did not respond to
requests from his clients for status
updates; and did not claim certified letters
from his clients in which they had requested
a refund of the fees they had paid him.
The client filed a grievance and Attorney
Davis then failed to respond to the OLR's
requests for information.
¶11 Based on the forgoing, the OLR
alleged, as follows:
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Count Six: By representing and
providing legal advice to NASGA while his
Wisconsin law license was suspended, Attorney
Davis violated SCR 10.03(6), SCR 22.26(2), and
SCR 31.10(1), enforceable via SCR
20:8.4(f).
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Count Seven: By failing to notify
his clients of his suspensions during the
representation, and his consequent inability
to practice law while suspended, Attorney
Davis violated SCR 22.26(1)(a).
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Count Eight: By failing to advance
a civil claim on C.F.'s and/or NASGA's behalf
or timely determine whether a potential civil
claim had merit, and by failing to pursue the
actions agreed to during the May 5, 2018
conference call, Attorney Davis violated SCR
20:1.3.
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Count Nine: By failing to respond
to his clients' requests for status updates
following their May 5, 2018 conference call or
otherwise keep them informed as to case
status, Attorney Davis violated SCR 20:1.4(a)
(3) and SCR 20:1.4(a)(4).
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Count Ten: By failing to refund
unearned fees upon termination of
representation, Attorney Davis violated SCR
20:1.16(d).
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Count Eleven: By failing to
respond to the OLR's May 1, 2019 request for
a response to P.A.R.'s grievance, Attorney
Davis violated SCR 22.03(2), enforceable via
SCR 20:8.4(h).
¶12 On August 18, 2020, Attorney Davis
filed an amended petition for consensual
license revocation pursuant to Supreme Court
Rule (SCR) 22.19. In his amended petition
Attorney Davis discloses that in addition to
the complaint before us now, the OLR is also
investigating two additional grievances
against Attorney Davis. Attorney Davis
admits that he cannot successfully defend
against the allegations of this complaint or
the pending grievances. He states that is
aware of his right to legal counsel but he
is freely, voluntarily, and knowingly giving
up his right to further contest the
allegations of misconduct in this complaint
and in the pending grievances. Attorney
Davis further agrees that he should be
ordered to make restitution to three former
clients in the amount of $7,500 to NASGA,
$7,500 to C.F., and $4,000 to P.A.R.,
relating to a pending grievance.
¶13 The OLR supports Attorney Davis'
petition for consensual license revocation.
The OLR confirms that certain grievances
against Attorney Davis remain under
investigation and contends that Attorney
Davis has engaged in "serious misconduct."
The OLR states: "[d]avis misled his clients
into thinking he had a valid law license,
collected fees, then abandoned them after
intermittent work."
¶14 The referee determined, based on the
disciplinary complaint, Attorney Davis'
amended petition for consensual license
revocation, and the OLR's response, that
Attorney Davis has engaged in serious
misconduct, and he recommends that we accept
the petition, order restitution, and revoke
Attorney Davis' license to practice law. No
appeal has been filed in this matter, so our
review proceeds pursuant to SCR 22.17(2).
¶15 As the OLR stated, and the referee
agreed, we have accepted SCR 22.19 consent
revocation petitions involving similar
levels of misconduct in the past. See
In re Disciplinary Proceedings Against
Stubbins, 2014 WI 115, 358 Wis. 2d 358,
854 N.W.2d 682 (granting petition where
previously undisciplined attorney faced 17
potential counts of misconduct in three
matters including lack of diligence, failure
to communicate, and where the attorney
repeatedly lied to cover up his lack of
diligence); In re Disciplinary Proceedings
Against Whitnall, 2003 WI 146, 267 Wis. 2d
28, 673 N.W.2d 674 (granting petition where
attorney faced six counts including failure
to act diligently for clients, failure to
communicate with clients, and failure to
return their files).
¶16 The OLR alleged, and the referee
agreed that, Attorney Davis "misled his
clients into thinking he had a valid law
license, collected fees, then abandoned them
after intermittent work. The result was a
lack of diligence, communication and follow
through similar to Stubbins and
Whitnall." Indeed, the referee
describes Attorney Davis as "an attorney who
has lost all interest, let alone diligence .
. . in advocating for his clients or
protecting their interests." The referee
added that in addition to his failure to
diligently and competently pursue legal
matters his clients entrusted to him and to
timely communicate relevant information to
them, Attorney Davis has also repeatedly
shirked his obligations as a member of the
bar.
¶17 We agree that the seriousness of
Attorney Davis' misconduct demonstrates a
need to protect the public, the courts, and
the legal system from repetition of this
misconduct, to impress upon Attorney Davis
the seriousness of his misconduct, and to
deter other attorneys from engaging in
similar misconduct. See In re
Disciplinary Proceedings Against Arthur,
2005 WI 40, ¶78, 279 Wis. 2d 583, 694 N.W.2d
910. Accordingly, we accept the referee's
findings of fact, conclusions of law, and
recommendation. We order Attorney Davis to
pay restitution in the amount of $7,500 to
NASGA, $7,500 to C.F., and $4,000 to P.A.R.,
we grant Attorney Davis' petition for
revocation by consent, and we revoke
Attorney Davis' Wisconsin law license
effective the date of this order.
¶18 Finally, we direct Attorney Davis to
pay the costs of this proceeding, which are
$1,497.67 as of October 8, 2020. Attorney
Davis has provided no reason for this court
to deviate from its usual practice of
imposing full costs. SCR 22.24(1m).
¶19 IT IS ORDERED that the petition for
revocation by consent is granted and the
license of Stanley Whitmore Davis to
practice law in Wisconsin is revoked,
effective the date of this order.
¶20 IT IS FURTHER ORDERED that to the
extent he has not already done so, Stanley
Whitmore Davis 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.
¶21 IT IS FURTHER ORDERED that Stanley
Whitmore Davis is ordered to pay restitution
in the amount of $7,500 to NASGA, $7,500 to
C.F., and $4,000 to P.A.R.
¶22 IT IS FURTHER ORDERED that as a
condition of any future petition for
reinstatement of his license to practice law
in Wisconsin, Stanley Whitmore Davis will be
required to prove that he has made
restitution to or settled all claims of all
persons injured or harmed by his misconduct,
including reimbursement to the Wisconsin
Lawyers' Fund for Client Protection for all
payments made by that fund, or, if
restitution has not been made, Stanley
Whitmore Davis will need to explain his
failure or inability to do so. See SCR
22.29(4m).
¶23 IT IS FURTHER ORDERED that within 60
days of the date of this order, Stanley
Whitmore Davis shall pay the Office of
Lawyer Regulation the costs of this
proceeding, which are $1,497.67 as of
October 8, 2020.
¶24 IT IS FURTHER ORDERED that the
restitution specified above is to be
completed prior to paying costs to the
Office of Lawyer Regulation.
¶25 IT IS FURTHER ORDERED that the
administrative suspension of Stanley
Whitmore Davis' license to practice law in
Wisconsin, due to his failure to pay
mandatory bar dues, for failure to file
Office of Lawyer Regulation trust account
certification, and for noncompliance with
continuing legal education requirements,
will remain in effect until each reason for
the administrative suspension has been
rectified pursuant to SCR 22.28(1).
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