Narrative Opinion Summary
This case involves disciplinary proceedings against Attorney Michael J. Backes, who was publicly reprimanded by the Office of Lawyer Regulation (OLR) of Wisconsin for professional misconduct. The misconduct related to his representation of a client, F.M., in a postconviction criminal case. Backes, admitted to practice in Wisconsin in 1986 and previously reprimanded in 2005, faced accusations of violating SCR 20:1.3 for lack of diligence and SCR 20:8.4(c) for dishonesty. The issues arose when Backes failed to adequately pursue F.M.'s case, despite charging a retainer fee and promising to file a Knight petition for habeas corpus. The referee found that Backes misrepresented the status of the petition and inadequately communicated with his client, who eventually filed motions pro se. The Supreme Court of Wisconsin affirmed the referee's findings and imposed a public reprimand, additionally ordering Backes to pay $2,163.10 in costs. Failure to comply with this order would result in the suspension of his law license. The court’s decision underscores the importance of adherence to professional conduct standards, particularly regarding diligence and honesty, in legal practice.
Legal Issues Addressed
Assessment of Costs in Disciplinary Proceedingssubscribe to see similar legal issues
Application: Backes was ordered to pay the OLR's costs of $2,163.10, failing which would lead to suspension of his law license.
Reasoning: As a result of these findings, the referee recommended a public reprimand and assessed costs against Backes. The recommendation was accepted, and Backes is ordered to pay the costs to the Office of Lawyer Regulation within 60 days.
Duties upon Acceptance of Legal Representationsubscribe to see similar legal issues
Application: Despite the challenging nature of the client, Backes' acceptance of the case imposed responsibilities under Supreme Court rules, which he failed to fulfill.
Reasoning: The referee recognized that while F.M. was a challenging client, Backes' acceptance of the case imposed responsibilities under the Supreme Court rules.
Professional Misconduct and Public Reprimandsubscribe to see similar legal issues
Application: Attorney Michael J. Backes was publicly reprimanded for professional misconduct related to his representation of a client, F.M., in a postconviction criminal matter.
Reasoning: Attorney Michael J. Backes was the subject of disciplinary proceedings by the Office of Lawyer Regulation (OLR), resulting in a public reprimand for professional misconduct related to his representation of client F.M. in a postconviction criminal matter.
Violation of Supreme Court Rulessubscribe to see similar legal issues
Application: Backes was found to have violated SCR 20:1.3 for failing to act with reasonable diligence and promptness in representing his client, and SCR 20:8.4(c) for dishonesty.
Reasoning: Attorney Michael J. Backes was found to have violated two provisions of the Wisconsin Supreme Court Rules: SCR 20:1.3, relating to neglect of a client matter, and SCR 20:8.4(c), which prohibits dishonesty, fraud, deceit, or misrepresentation.