Summary
The Supreme Court of Wisconsin reviewed an attorney disciplinary proceeding involving John R. Maynard's receipt and personal deposit of payments for legal services performed while associated with a law firm. The court adopted findings that Maynard violated professional-conduct rules concerning handling funds, misleading communications, and dishonesty, and suspended his Wisconsin law license for 90 days. The court also ordered him to pay the proceeding's costs and comply with suspension-related duties.
Holdings
- Former SCR 20:1.15(d)(1) applies to funds in which a third party, including a former law firm entitled to receive firm revenue, has an interest; Maynard violated the rule by receiving payments for services performed as a shareholder, failing to notify the firm, and depositing the funds into his personal account rather than delivering or safeguarding them.
- Maynard violated former SCR 20:7.1(a) and former SCR 20:7.5(a) by using firm letterhead and directing clients to send payments to an ostensible firm post office box without disclosing that he was merely of counsel, while representing on the postal application that he was a firm principal.
- A 90-day suspension of Maynard's Wisconsin law license was warranted, together with an order requiring him to pay the costs of the disciplinary proceeding.
Questions Presented
- Whether former SCR 20:1.15(d)(1) applied to funds received for legal services performed while Maynard was a shareholder, even though Maynard characterized the funds as not being client funds.
- Whether Maynard's use of firm letterhead, failure to disclose his of-counsel status, direction of payments to a post office box under his exclusive control, and identification of himself as a firm principal constituted false or misleading communications under former SCR 20:7.1(a) and former SCR 20:7.5(a).
- Whether the referee's recommended 90-day suspension was an appropriate sanction for Maynard's misconduct.
Disposition
other
Cases Cited (5)
- In re Disciplinary Proceedings Against Carroll, 2001 WI 130, 248 Wis. 2d 662, 636 N.W.2d 718(followed)
- In re Disciplinary Proceedings Against Reitz, 2005 WI 39, 279 Wis. 2d 550, 694 N.W.2d 894(followed)
- In re Disciplinary Proceedings Against Arthur, 2005 WI 40, 279 Wis. 2d 583, 694 N.W.2d 910(followed)
- In re Disciplinary Proceedings Against O'Neil, 197 Wis. 2d 224, 539 N.W.2d 881 (1995)(followed)
- In re Disciplinary Proceedings Against Crandall, 2008 WI 112, 314 Wis. 2d 33, 754 N.W.2d 501(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…