Narrative Opinion Summary
This case involves disciplinary proceedings against a Wisconsin attorney, Michael D. Mandelman, resulting in a retroactive suspension of his law license due to numerous instances of professional misconduct. The Supreme Court of Wisconsin reviewed the case following recommendations from a referee and the Board of Attorneys Professional Responsibility, which found Mandelman had committed 27 violations of attorney ethics, including neglecting client matters, failing to communicate effectively, and mismanaging client trust accounts. His license was initially suspended for one year starting November 12, 1990, but he has not been reinstated since. Specific violations included failing to act with diligence in a bus accident case, not filing a worker’s compensation claim, and mismanaging trust accounts by commingling funds. Despite filing for reinstatement, Mandelman’s petition was denied due to inadequate responses to the reinstatement questionnaire, failure to meet continuing legal education requirements, and unethical conduct during the process. Consequently, his law license remains suspended for 18 months, retroactive to November 12, 1991, with costs of the disciplinary proceedings to be paid within 60 days, or his suspension will continue until further notice.
Legal Issues Addressed
Failure to Communicate with Clients (SCR 20:1.4)subscribe to see similar legal issues
Application: Mandelman violated communication obligations by not keeping clients informed, as evidenced by a significant delay in relaying case status to a client whose son was injured in a bus accident.
Reasoning: Attorney Mandelman was found to have violated multiple professional conduct rules due to a series of failures in representing clients. He did not act with reasonable diligence and promptness, violating SCR 20:1.3, and failed to keep clients informed about their cases, violating SCR 20:1.4(a).
Mismanagement of Client Trust Accounts (SCR 20:1.15)subscribe to see similar legal issues
Application: Mandelman improperly managed client trust accounts, including commingling funds and failing to maintain proper records, which constituted a violation of his fiduciary duties.
Reasoning: Following his 1990 license suspension, he did not properly audit or disburse client funds from his trust account, which remained open with a balance of approximately $7,400 as of June 30, 1991.
Neglect of Client Matters (SCR 20:1.3)subscribe to see similar legal issues
Application: In several instances, Mandelman failed to act with reasonable diligence, such as not filing a worker's compensation claim and allowing a personal injury case to be dismissed.
Reasoning: In a case dating back to October 1985, he represented a woman injured in a fall but failed to inform either the new attorney he referred the case to or the client about a court order requiring substitution of counsel by August 13, 1990. This led to the case being dismissed on September 11, 1990.
Non-compliance with Disciplinary and Reinstatement Proceduressubscribe to see similar legal issues
Application: Mandelman's petition for reinstatement was denied due to his failure to comply with continuing legal education requirements and provide complete responses during the reinstatement process.
Reasoning: Attorney Mandelman's petition for reinstatement of his law license following a 1990 suspension has been denied due to multiple factors.
Professional Misconduct and Suspension of Law Licensesubscribe to see similar legal issues
Application: The Supreme Court of Wisconsin suspended attorney Mandelman's license retroactively due to multiple instances of professional misconduct, including neglecting client matters and misrepresentation.
Reasoning: Michael D. Mandelman, an attorney in Wisconsin, faced disciplinary proceedings resulting in a retroactive suspension of his law license due to professional misconduct.