Office of Lawyer Regulation v. Hicks, 268 Wis. 2d 620

Summary

The Wisconsin Supreme Court publicly reprimanded Attorney Leo Barron Hicks for failing to maintain client funds separately, failing to take reasonable remedial action concerning another lawyer's misconduct, and failing to treat disputed property as trust property pending accounting and severance. The court adopted the referee's findings and ordered Hicks to pay $1,644.84 in proceeding costs.

Holdings

1. Hicks violated SCR 20:1.15(a) by failing to ensure that the client's settlement funds were held in a properly designated trust account separate from the firm's and lawyers' own property.
2. Hicks violated SCR 20:5.1(c)(2) by failing to take reasonable remedial action after learning of Brown-Perry's mishandling of the client's funds.
3. Hicks violated SCR 20:1.15(d) by failing to treat the client's settlement proceeds as trust property until an accounting and severance of the parties' interests.
4. A public reprimand and assessment of the proceeding's costs against Hicks were appropriate sanctions for his professional misconduct.

Questions Presented

1. Whether Hicks violated SCR 20:1.15(a) by failing to hold client funds in a separate trust account.
2. Whether Hicks violated SCR 20:5.1(c)(2) by failing to take reasonable remedial action after learning of another lawyer's misconduct.
3. Whether Hicks violated SCR 20:1.15(d) by failing to treat disputed property as trust property until accounting and severance of the parties' interests.
4. What discipline and costs should be imposed for the violations.

Disposition

other