Board of Attorneys Professional Responsibility v. Glynn

2011 WI 9, 795 N.W.2d 772, 331 Wis. 2d 397
CourtWisconsin Supreme Court
DecidedFebruary 15, 2011
DocketNos. 1997AP3058-D, 1999AP2223-D
StatusPublished

This text of 2011 WI 9 (Board of Attorneys Professional Responsibility v. Glynn) 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. Glynn, 2011 WI 9, 795 N.W.2d 772, 331 Wis. 2d 397 (Wis. 2011).

Opinion

PER CURIAM.

¶ 1. We review a referee's report recommending that Attorney Charles Glynn's license to practice law in Wisconsin be reinstated subject to certain conditions. The Office of Lawyer Regulation (OLR) does not oppose that recommendation. No appeal was filed so we review this matter pursuant to SCR 22.17(2).1

¶ 2. After careful consideration, we adopt the referee's findings of fact and conclusions of law and [399]*399conclude that Attorney Glynn's license to practice law should be reinstated. We need not impose any conditions upon Attorney Glynn's reinstatement because Attorney Glynn has satisfied the conditions recommended by the referee. We direct Attorney Glynn to pay the costs of the reinstatement proceeding, which total $3,753.16 as of November 2, 2010.2

¶ 3. Attorney Glynn was admitted to practice law in Wisconsin in 1991. He practiced in Milwaukee. In April 1999 Attorney Glynn's license to practice law was suspended for one year, effective June 14, 1999, based upon misconduct committed while he served as guardian for two estates and conservator for a third estate. Attorney Glynn collected unreasonable fees without the approval of the court, failed to file necessary reports with the court, failed to act competently and timely, and used false statements and documents to justify his excessive fee and to mislead the person investigating his misconduct. See In re Disciplinary Proceedings Against Glynn, 225 Wis. 2d 202, 591 N.W.2d 606 (1999). The referee in that matter noted that Attorney Glynn had "reaped substantial financial benefits from the modest Estates of persons effectively unable to protect themselves, while performing no services of commensurate value . . . ."Id. at 211. The court found the large sums taken by Attorney Glynn from vulnerable victims [400]*400and the purposeful pattern of deception he employed required his suspension in order to protect the legal system and the public from similar misconduct. Attorney Glynn was ordered to pay restitution to his clients and to a bonding company, as well as to pay the costs of the disciplinary proceeding. Id. at 213-14.

¶ 4. Attorney Glynn was also convicted of one count of Theft from a Business Setting, Greater than $1,000 but less than $2,500, a class E felony, related to his handling of two of the estates for which he served as guardian. He was placed on probation for three years. He was released from probation in 2003.

¶ 5. In 1998 Ohio Casualty, Attorney Glynn's bonding company, obtained a $78,000 judgment against Attorney Glynn for the claims it paid on the two estates for which Attorney Glynn served as guardian. Attorney Glynn had already made restitution to the conservator-ship from his own funds.

¶ 6. In October 2000 Attorney Glynn's Wisconsin law license was suspended again, this time for nine months3 retroactive to the date of his earlier suspension, June 14, 2000. In re Disciplinary Proceedings Against Glynn, 2000 WI 117, 238 Wis. 2d 860, 618 N.W.2d 740. Attorney Glynn's misconduct in this matter consisted of failing to act with reasonable diligence and promptness in representing three clients, failing to explain matters reasonably necessary to permit two of those clients to make informed decisions regarding their representation, and failing to cooperate with the investigation into his misconduct. Id.

[401]*401¶ 7. On July 29, 2008, Attorney Glynn filed a petition seeking reinstatement of his license to practice law in Wisconsin. On July 31, 2008, Attorney Glynn filed an amended petition for reinstatement. The referee conducted an evidentiary hearing on August 16, 2010.

¶ 8. Supreme court rule 22.31(1)4 provides the standards to be met for reinstatement. Specifically, the petitioner must show by clear, satisfactory, and convincing evidence that he or she has the moral character to [402]*402practice law, that his or her resumption of the practice of law will not be detrimental to the administration of justice or subversive of the public interest, and that he or she has complied with SCR 22.26 and the terms of the order of suspension. In addition to these requirements, SCR 22.29(4)(a)-(4m)5 provides additional requirements that an attorney seeking reinstatement [403]*403must show. All of these additional requirements are effectively incorporated into SCR 22.31(1).

¶ 9. When we review a referee's report and recommendation, we will adopt a referee's findings of fact unless they are clearly erroneous. Conclusions of law are reviewed de novo. See In re Disciplinary Proceedings Against Eisenberg, 2004 WI 14, ¶ 5, 269 Wis. 2d 43, 675 N.W.2d 747.

¶ 10. Here, the referee concluded Attorney Glynn had met his burden of demonstrating that his license to practice law in Wisconsin should be reinstated. Attorney Glynn asserted and the referee found that Attorney Glynn desires to have his license reinstated and that he has not practiced law during the period of suspension. SCRs 22.29(4)(a) and (b). At the evidentiary hearing the referee elicited a full description of Attorney Glynn's business activities during his suspension, as required by SCR 22.29(4)(k).

¶ 11. After his suspension Attorney Glynn worked at Roundy's warehouse and then sold title insurance. He then worked at the Milwaukee Child Welfare Bureau and also worked part-time at St. Charles Youth and Family Services (St. Charles). In 2003 he began working full-time for St. Charles in a supervisory position and is still employed there. He also works part-time for the Wisconsin Athletic Club. While working at St. Charles he and others at St. Charles, together with judges, district attorneys, and defense attorneys, developed a Focus Program for youth offenders to break their cycle of juvenile criminal activities. This program has been in effect for about seven years. The referee found Attorney Glynn worked 10 to 14 hours a day to make sure the [404]*404needs of the young men at St. Charles were met, and he used creative programming to inspire hope in their young lives. In 2007, at the request of Dane County, Attorney Glynn established a Focus Program in Madison. This effort took about two years. He worked with judges, district attorneys, probation officers, and public defenders in Dane County to make the Focus Program a success. Attorney Glynn has supervised programs that have generated millions of dollars in revenue for St. Charles. He has handled tens of thousands of dollars in petty cash funds, has access to all agency vehicles and equipment, and has traveled to training and conferences across the country using a St. Charles credit card.

¶ 12. There is no evidence in this record that Attorney Glynn has engaged in any improper conduct since his suspension. SCR 22.29(4)(e). The referee found that Attorney Glynn demonstrates a proper understanding of and attitude toward the standards that are imposed upon members of the bar. SCR 22.29(4)(f). The referee was satisfied that Attorney Glynn will act in conformity with these standards. Indeed, Attorney Glynn appears to have taken responsibility for his prior misconduct, stating that he is "embarrassed, ashamed, and deeply sorry" for his misconduct. Attorney Glynn was drinking during the time he engaged in the misconduct leading to his suspension.

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Related

In the Matter of Disciplinary Proceedings Against Glynn
591 N.W.2d 606 (Wisconsin Supreme Court, 1999)
In the Matter of Disciplinary Proceedings Against Eisenberg
2004 WI 14 (Wisconsin Supreme Court, 2004)
In the Matter of Disciplinary Proceedings Against Glynn
2000 WI 117 (Wisconsin Supreme Court, 2000)

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Bluebook (online)
2011 WI 9, 795 N.W.2d 772, 331 Wis. 2d 397, Counsel Stack Legal Research, https://law.counselstack.com/opinion/board-of-attorneys-professional-responsibility-v-glynn-wis-2011.