Board of Attorneys Professional Responsibility v. Asher

2001 WI 12, 622 N.W.2d 746, 241 Wis. 2d 198, 2001 Wisc. LEXIS 11
CourtWisconsin Supreme Court
DecidedFebruary 27, 2001
DocketNo. 00-2661-D
StatusPublished
Cited by1 cases

This text of 2001 WI 12 (Board of Attorneys Professional Responsibility v. Asher) is published on Counsel Stack Legal Research, covering Wisconsin Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Board of Attorneys Professional Responsibility v. Asher, 2001 WI 12, 622 N.W.2d 746, 241 Wis. 2d 198, 2001 Wisc. LEXIS 11 (Wis. 2001).

Opinion

PER CURIAM.

¶ 1. We review the findings of fact, conclusions of law, and recommendation for discipline of the referee, Charles J. Herró1 pursuant to SCR 21.09(5).2 Attorney Asher was found to have engaged in numerous instances of unprofessional conduct in the [200]*200course of his practice of law in violation of the rules of professional conduct. The referee has recommended that Attorney Asher's license to practice law be revoked, that restitution be paid to several clients, and that the costs of these proceedings be paid.

¶ 2. We approve the findings, conclusions and recommendations of the referee and determine that the seriousness of Attorney Asher's misconduct warrants the imposition of these sanctions.

¶ 3. Attorney Asher was admitted to the practice of law in Wisconsin in 1984 and had his office in Dous-man. He has no prior attorney disciplinary history.

¶ 4. On October 2, 2000, the Board issued a complaint against Attorney Asher ordering him to answer within 20 days. He responded that he would not be filing any formal response and would not participate in the disciplinary proceedings. On October 24, 2000, the Board moved the referee for an order determining that he was in default for failing to answer the complaint and for an order requesting that the referee accept as true and correct and uncontested the allegations found within the Board's complaint. The referee conducted a telephone hearing on the motion on November 14, 2000, and granted the motion on November 20, 2000. The referee then issued his findings, conclusions and recommendation for discipline on November 22, 2000.3

[201]*201¶ 5. A general description of the facts and circumstances leading to these disciplinary proceedings is necessary. In 1984, Attorney Asher incorporated a law firm which he named the Christian Law Center ("CLC"). This was solely his firm, although he may have employed one or more associates or others at various times. In general, the CLC advertised extensively and handled a high volume of relatively low-asset personal bankruptcies. At the same time, Attorney Asher was also the minister of a church he had founded and also operated other business enterprises.

¶ 6. During the late summer of 1999, it was widely reported in the media that Attorney Asher had extremely serious problems, both financially and regarding appropriate legal representation of his clients. Around that time, he twice relocated his offices, and notified his clients by letter dated August 27,1999, that he was forced to close the CLC due to financial problems. Up to that time, however, he continued to accept retainer and filing fee payments from clients for work to be performed, much of which went unperformed.

¶ 7. From that time on, until mid-2000, the Board received numerous grievances from clients alleging that they had paid funds to Attorney Asher for bankruptcy filing fees and retainers in cases which ultimately were never filed by him. The Board's complaint alleged 233 violations of the rules of professional conduct relating to 58 clients.

¶ 8. The first set of these allegations, 51 counts each, involve simultaneous violations of SCR 20:1.15(a),4 failure to deposit client funds into a trust [202]*202account and, SCR 20:8.4(c),5 engaging in conduct involving dishonesty, fraud, deceit or misrepresentation arising out of converting funds of the client to the attorney's own use. Attorney Asher's trust account, entitled "Christian Law Center of WI, S.C., IOLTA," was essentially inactive throughout its existence in 1998-99. His account at another bank, entitled "Christian Law Center of Wisconsin, S.C., Filing Fee Account," was apparently opened in early 1998. Bank records show this second account to be active during its [203]*203six-month existence. For the first two months it existed, the second account was used for the deposit and payment of bankruptcy filing fees but was not used exclusively for this purpose. A number of checks from this account were made payable to Attorney Asher and his employees. Seven checks written in February and March of 1999 were returned for reason of insufficient funds in the account. Thereafter, checks totaling in the tens of thousands of dollars were written to employees and to pay office expenses. After early April of 1998, none of the checks drawn on the filing fee account were payable to the United States Bankruptcy Clerk. The account was again occasionally overdrawn and account activity began to taper off. The filing fee account was closed in July of 1998. Attorney Asher declared on August 27, 1999, that he did not have on deposit, in trust, any filing fees paid to him by clients. After that date, he never reimbursed any client for filing fees he received but had not paid to the bankruptcy clerk.

¶ 9. We find that Attorney Asher has committed 51 violations of SCR 20:1.15(a) and 51 violations of SCR 20:8.4(c). We further adopt the referee's finding that the amount converted by Attorney Asher, based on the statements and proofs of payment provided by only those clients who filed grievances against him, was $8900.

¶ 10. The second set of allegations concern 53 violations of SCR 20:1.16(d),6 unearned fees that attor[204]*204ney failed to return to clients. These violations arise out of the above-described circumstances in which clients paid retainers to Attorney Asher who did not then file bankruptcies on their behalf. Although he or his staff may have spent some time with some clients or even partially completed documents, the clients involved received no value from Attorney Asher or the bankruptcy was never actually filed by him.

¶ 11. We find that Attorney Asher has therefore committed 53 violations of SCR 20:1.16(d). We further adopt the referee's finding that these unearned fees were $33,811.50.

¶ 12. The third set of allegations concern 18 violations of SCR 20:1.3,7 failing to act with reasonable diligence and promptness in representing a client. These violations concern the above-described instances where clients had paid the attorney fees in full but Attorney Asher did not timely file the bankruptcy action. The Board has not alleged possible violations of this nature when the fees were paid very shortly before the closing of Attorney Asher's law office.

¶ 13. We find that Attorney Asher has committed 18 violations of SCR 20:1.3.

¶ 14. The fourth set of allegations concern three violations of SCR 20:1.4(a),8 failure to keep a client reasonably informed about the status of a matter and to comply with a client's reasonable requests for infor[205]*205mation. These instances concern those clients who complained that Attorney Asher's staff repeatedly put them off when they called to make inquiries or simply received no response whatsoever to their telephone messages.

¶ 15. We find that Attorney Asher has committed three violations of SCR 20:1.4(a).

¶ 16. The fifth set of allegations concern one violation of SCR 20:1.16(a)(3),9 representing a client after discharge. This concerns the one instance in which Attorney Asher filed a bankruptcy action after he was discharged by his client.

¶ 17. We find that Attorney Asher has committed one violation of SCR 20:1.16(a)(3).

¶ 18.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

In Re Estate of Haese
259 N.W.2d 54 (Wisconsin Supreme Court, 1977)

Cite This Page — Counsel Stack

Bluebook (online)
2001 WI 12, 622 N.W.2d 746, 241 Wis. 2d 198, 2001 Wisc. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-attorneys-professional-responsibility-v-asher-wis-2001.