Narrative Opinion Summary
In this disciplinary proceeding, the Supreme Court of Wisconsin reviewed the conduct of Allen R. Brey, a district attorney, who faced allegations of professional misconduct. Brey, while prosecuting a case in 1989, met with a criminal defendant represented by counsel without notifying or obtaining consent from the defendant’s attorney, thereby violating professional conduct rules. During the meeting, Brey criticized the defense attorney’s representation and offered settlement terms, later instructing the defendant to keep the meeting confidential. Brey initially denied these allegations in responses to the Board of Attorneys Professional Responsibility, but admitted to the conduct during a subsequent investigation. His actions were found to breach SCR 20:4.2, prohibiting communication with a represented party, and SCR 20:3.3(a)(1, 2) regarding false statements to the court, as well as SCR 22.07(2, 3) involving misrepresentation to the Board. The referee recommended a public reprimand; however, the Supreme Court imposed a 60-day suspension of Brey's license, citing the severity of his misconduct, which jeopardized the defendant's legal rights and representation. Brey was also ordered to bear the costs of the disciplinary proceedings and comply with relevant rules for suspended attorneys.
Legal Issues Addressed
Consequences of Misconduct for Legal Professionalssubscribe to see similar legal issues
Application: Brey's misconduct resulted in a suspension and financial penalties, demonstrating the consequences of unethical behavior for legal professionals.
Reasoning: Brey’s law license was suspended for 60 days, beginning November 16, 1992, and he was ordered to pay the costs of the disciplinary process within 60 days.
False Statements to the Court under SCR 20:3.3(a)(1, 2)subscribe to see similar legal issues
Application: Brey's false statements to the circuit court constituted a violation of SCR 20:3.3(a)(1, 2), which prohibits making false statements to a tribunal.
Reasoning: Brey made false statements to both the circuit court and the Board during the investigation to conceal his actions.
Misrepresentation to the Board under SCR 22.07(2, 3)subscribe to see similar legal issues
Application: By denying the meeting with the defendant in communications to the Board, Brey misrepresented facts, violating SCR 22.07(2, 3).
Reasoning: In 1989, Brey provided three responses to the Board, denying the alleged meeting.
Professional Misconduct and Disciplinary Actionsubscribe to see similar legal issues
Application: The Supreme Court of Wisconsin imposed a 60-day suspension for Brey's professional misconduct, finding it warranted stricter discipline than a public reprimand.
Reasoning: The Supreme Court of Wisconsin upheld the Board's position that Brey’s actions warranted stricter discipline than a public reprimand, imposing a 60-day suspension.
Prohibition of Contact with Represented Party under SCR 20:4.2subscribe to see similar legal issues
Application: Brey's unsanctioned meeting with a represented criminal defendant violated SCR 20:4.2, which prohibits contact with a party known to be represented by another lawyer.
Reasoning: Brey met with a criminal defendant, who was already represented by counsel, without the attorney's knowledge or consent.