In re Disciplinary Proceedings Against Solomon

556 N.W.2d 752, 206 Wis. 2d 271, 1996 Wisc. LEXIS 121
CourtWisconsin Supreme Court
DecidedDecember 27, 1996
DocketNo. 95-3598-D
StatusPublished

This text of 556 N.W.2d 752 (In re Disciplinary Proceedings Against Solomon) 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
In re Disciplinary Proceedings Against Solomon, 556 N.W.2d 752, 206 Wis. 2d 271, 1996 Wisc. LEXIS 121 (Wis. 1996).

Opinion

PER CURIAM.

We review the recommendation of the referee that the license of Stephen C. Solomon to practice law in Wisconsin be revoked as discipline for professional misconduct. That misconduct consisted of his failure to provide clients competent representation in their legal matters, failure to give clients reasonable notice that he would not be in a position to complete their representation and refund unearned portions of advance fees he had been paid for it, initiation of personal contact with prospective clients detained in jail in order to obtain professional employment, failure to keep clients reasonably informed of the status of their matters and provide them sufficient information to permit them to make informed decisions regarding that representation, misrepresentation to a client that he would represent him on a claim, having no intention of completing that representation, charging an unreasonable fee for his services in a client's matter, and failure to hold advance fees obtained from or on behalf of clients separate from his own property.

We determine that the nature and extent of his professional misconduct established in this proceeding, when considered with the fact that he has been disciplined three times previously, in part for similar misconduct, warrant the revocation of Attorney Solomon's license to practice law. Attorney Solomon has demonstrated repeatedly his unwillingness to conform his professional conduct to the standards imposed on persons licensed by this court to practice law and again has shown his willingness to place his own pecuniary [273]*273interests above the legal interests of his clients, interests he has undertaken to protect.

Attorney Solomon was admitted to practice law in Wisconsin in 1974. He currently resides in Minnesota and is not practicing law. He has been disciplined three times previously: in 1984, he was privately reprimanded for neglecting a client's legal matter and for improperly withdrawing from the representation of a client; in February, 1985, the court publicly reprimanded him for entering into an agreement for an illegal fee in a worker's compensation matter and for making misrepresentation to a judge in a garnishment action against a former client, In re Disciplinary Proceedings Against Solomon, 122 Wis. 2d 315, 362 N.W.2d 156; in October, 1985, the Board of Attorneys Professional Responsibility (Board) privately reprimanded him for collecting an illegal fee and for writing a personally abusive letter to an attorney who had filed a grievance against him with the Board. In this proceeding, the referee, Attorney Maijorie Schuett, made findings of fact based on the parties' stipulation.

Two of the five matters in which Attorney Solomon engaged in professional misconduct occurred from July to December, 1993 and concerned his soliciting representation of jail inmates without having been contacted by them or anyone on their behalf and by gaining access to them in the jail by misrepresenting on the inmate visiting cards that his relationship to them was "attorney." Attorney Solomon telephoned the mother of one of the inmates that he required $2000 in fees to represent her son, which she would have to wire to his bank before he would meet again with the client and begin work on the case. Attorney Solomon then opened a personal checking account in the bank he had [274]*274specified and, after the requested fee was wired, wrote a $200 check on it.

Attorney Solomon appeared at the client's preliminary hearing but did not order a transcript of it and filed no discovery motions. At a subsequent pretrial conference, when the court told him his suppression motion was insufficient, Attorney Solomon asked the court for the name of the leading case governing searches and seizures. In August, 1993, he wrote the client that he was unable to complete the representation because he was about to accept a job in a different field, offered to sign a form for substitution of a new attorney, and said he would refund $500 of the fee he had received and turn over the file to new counsel. He neither refunded any money to the client nor turned over the client's file to the successor attorney.

In the second inmate case, Attorney Solomon appeared on a motion seeking bail reduction and advised his client to testify about the factual circumstances underlying the criminal charges in order to obtain a reduction. The court admonished him and the client that the client would be ill-advised to waive his Fifth Amendment privilege in order to seek bail reduction.

Another matter in which Attorney Solomon engaged in professional misconduct concerned his representation of a criminal defendant for whom he agreed to be substituted as counsel in February, 1994, knowing the case was scheduled for trial in about one week. At the hearing on his motion for a continuance held February 21,1994, Attorney Solomon told the court he would be ready to try the case in a week to 10 days, and his motion was granted. However, on March 2,1994, he filed a motion to withdraw as counsel. At the hearing on that motion, he acknowledged that he was unpre[275]*275pared to proceed to trial and stated that he had accepted the appointment with the understanding that the matter would be resolved by plea rather than by trial.

On the day following that hearing, Attorney Solomon notified the court of his refusal to continue representation of the client, stating among other things that he was incompetent, unable and unwilling to continue to represent the client, had not completed the necessary interviews and investigation of the client's alibi defense, had not completed necessary legal research on evidentiary questions, and had not reviewed extradition papers. He also told the court that he would not be ready to proceed to trial as scheduled because of new developments in the case, he was in the process of changing careers, and he could not handle the case.

The referee concluded that Attorney Solomon failed to provide these clients competent representation, in violation of SCR 20:1.1.1 He also violated SCR 20:1.15(a)2 by failing to hold in trust, separate from his [276]*276own property, a retainer he received in connection with client representation. His failure to give clients reasonable notice that he would not complete their representation he had undertaken, his failure to refund the unearned portion of advance fees he had been paid, and his failure to contact a client's successor counsel and turn over the client's file violated SCR 20:1.16(d).3 His initiation of personal contact with prospective clients by gaining access to them in the jail and suggesting he could defend them on criminal charges on which they were being held violated SCR 20:7.3(c).4

[277]*277A fourth matter considered in this proceeding concerned Attorney Solomon's representation of a client in June, 1994, in a visitation dispute with the mother of the client's child and on a potential defamation claim. Attorney Solomon entered into a fee agreement with the client by which he agreed to represent him in the visitation dispute for $500 and in the defamation matter on a contingent fee basis, provided he would be given a $1000 advance as a retainer. The client's mother gave Attorney Solomon , a $1000 check as a retainer in the defamation matter, which Attorney Solomon promptly cashed.

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Related

In re Disciplinary Proceedings against Solomon
362 N.W.2d 156 (Wisconsin Supreme Court, 1985)

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Bluebook (online)
556 N.W.2d 752, 206 Wis. 2d 271, 1996 Wisc. LEXIS 121, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-proceedings-against-solomon-wis-1996.