Narrative Opinion Summary
The Supreme Court of Wisconsin adjudicated disciplinary proceedings against an attorney for professional misconduct, approving a stipulation with the Office of Lawyer Regulation (OLR) that resulted in a one-year suspension of his law license. The attorney, who has been practicing since 1981, faced allegations of misusing his trust account and failing to cooperate with the OLR's investigation. The misconduct included converting client funds for personal use, failing to maintain client funds in trust, improperly depositing personal funds, making unauthorized withdrawals, and failing to notify clients of such withdrawals. Additionally, the attorney did not maintain accurate trust account records, leading to overdrafts, and failed to respond to the OLR's inquiries. Despite a prior reprimand in 1992, the attorney acknowledged his actions and agreed to the stipulated discipline, citing personal issues as a contributing factor. The court adopted the findings and imposed the suspension, effective May 31, 2007, with compliance required for post-suspension duties. The OLR did not seek cost assessment due to the attorney's cooperation in the process.
Legal Issues Addressed
Conversion of Trust Fundssubscribe to see similar legal issues
Application: Attorney Winch converted client funds for personal use, violating ethical standards.
Reasoning: Winch converted at least $6,524.40 of client funds for personal use, violating SCR 20:8.4(c).
Failure to Cooperate with Investigationsubscribe to see similar legal issues
Application: Winch did not respond to the OLR's requests for information during the investigation, constituting misconduct.
Reasoning: He failed to respond for over seven months to OLR's requests for information about these conversions, violating SCR 20:8.4(f) related to SCR 22.03(6).
Failure to Hold Client Funds in Trustsubscribe to see similar legal issues
Application: Winch failed to maintain the required amount of client funds in his trust account, resulting in a significant shortfall.
Reasoning: He failed to maintain client funds in trust, at one point being $12,719.58 out of trust, violating former SCR 20:1.15(a) and current SCR 20:1.15(b)(1).
Failure to Maintain and Reconcile Trust Accountsubscribe to see similar legal issues
Application: Winch failed to keep accurate records and reconcile his trust account, leading to multiple overdrafts and discrepancies.
Reasoning: Not maintaining a running balance in his trust account, violating SCR 20:1.15(f)(1)a.
Improper Deposits into Trust Accountsubscribe to see similar legal issues
Application: Winch deposited his personal funds and earned fees into the trust account, breaching professional conduct rules.
Reasoning: Winch improperly deposited personal funds and earned fees into his trust account, violating SCR 20:1.15(b)(3).
Lack of Notification for Withdrawalssubscribe to see similar legal issues
Application: Winch withdrew client fees without providing written notice as required by ethical rules.
Reasoning: Winch withdrew client fees from the trust account without providing the required written notice to the client, violating SCR 20:1.15(g)(1).
Unauthorized Withdrawals from Trust Accountsubscribe to see similar legal issues
Application: He withdrew funds from his trust account for legal fees without obtaining client authorization.
Reasoning: He disbursed funds from the trust account to himself for legal fees without client authorization, violating SCR 20:8.4(f).