In re Disciplinary Proceedings Against Tye

324 N.W.2d 692, 108 Wis. 2d 763, 1982 Wisc. LEXIS 2766
CourtWisconsin Supreme Court
DecidedOctober 11, 1982
DocketNo. 82-1357-D
StatusPublished

This text of 324 N.W.2d 692 (In re Disciplinary Proceedings Against Tye) 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 Tye, 324 N.W.2d 692, 108 Wis. 2d 763, 1982 Wisc. LEXIS 2766 (Wis. 1982).

Opinion

PER CURIAM.

Attorney disciplinary proceeding; attorney’s license revoked.

On July 20, 1982, the Board of Attorneys Professional Responsibility (Board) filed a complaint with the court alleging 12 counts of unprofessional conduct against John M. Tye, an attorney licensed to practice law in Wisconsin since 1976 and who practices in Milwaukee, as follows:

1. In his representation of a client by whom he was retained in 1978 to bring a divorce action, for which he was paid $631 in fees and costs, the respondent on several occasions misrepresented to the client that the action had been filed and that the case was proceeding. In late 1979 the respondent told his client that the case was scheduled for hearing in court, and the client met the respondent at the courthouse, went to family court and observed the respondent approach and confer with the clerk, after which the respondent informed the client that the divorce had been granted. The client subsequently remarried, and he and his new wife had a child. During the next two years the client repeatedly asked the respondent when [764]*764he would receive copies of the divorce papers, and the respondent told him that they were being prepared and would be sent to him soon. Ultimately, the client and his wife learned from court records that no divorce action had ever been filed, with the result that the subsequent marriage was contrary to law and the child was illegitimate. The Board alleged that such conduct violated SCR 20.04(4), 20.32(3) and 20.35(1) (a), (b) and (c).

2. In his representation of a client by whom he was retained to recover an automobile which had been seized by state revenue agents, for which he was paid a retainer of $500, the respondent assured the client that he had put a “hold” on the forfeiture proceedings and that the automobile would not be sold at auction, which representations he repeated to the client over the next two years. The respondent never contacted the revenue department and never filed any administrative or court action to halt the auction proceedings, and the automobile was sold at state auction. The Board alleged that such conduct violated SCR 20.04(4), 20.32(3) and 20.35(1) (a), (b) and (c).

3. In his representation of a client charged with operating a motor vehicle while intoxicated, the respondent told the client that he would not need to appear at a scheduled hearing because the matter was postponed for one month. In fact, the respondent had not obtained the postponement, and when the client failed to appear in court on the originally scheduled date, a default judgment was taken against him and his operator’s license was suspended. As a result, the client was discharged from his employment as a truck driver, but with the help of a new lawyer, he was able to resume employment after being out of work for two months and was able to have the default judgment reopened and his license reinstated. It was alleged that such conduct violated SCR 20.04(4), 20.32(3) and 20.35(1) (a), (b) and (c).

4. In May of 1981, the respondent agreed to file an action in circuit court on behalf of four clients seeking a [765]*765temporary restraining order to stop the sale of school land and buildings. The respondent then told one of the clients that he had filed papers instituting the action and later told another client that the case was in progress. On two occasions the respondent informed his clients that meetings had been scheduled with the judge, which were subsequently postponed or cancelled at the respondent’s request. In September, 1981, the clients learned from court records that no action had been instituted by the respondent and that no appointments had been made with the presiding judge. The respondent later offered to refund the $1,500 retainer paid by the clients, and the clients agreed, but no refund was made. It was alleged that such conduct violated SCR 20.04(4), 20.32(3) and 20.35 (1) (a), (b) and (c).

5. In his representation of three clients in actions brought against them by two building contractors, for which he was paid a retainer of $250, the respondent failed to respond to a motion for summary judgment, resulting in his clients’ being assessed costs of $150. A trial was later scheduled, and the respondent asked his clients to appear at the courthouse on the scheduled date, although he had not previously informed them what was likely to occur, nor had he subpoenaed any witnesses. The respondent did not tell his clients that they might be called to testify, he did not review their anticipated testimony with them, he never informed them that they would be subject to cross-examination and he did not tell them to bring supporting documents to the trial. On the day of the trial, the respondent encouraged his clients to settle the lawsuit for $10,000, and when the clients protested, he assured them that he would arrange financing for them so that they could avoid foreclosure on their home. The respondent also assured them that he would easily settle the other pending lawsuit and promised to immediately contact the other plaintiff to arrange settlement. Relying on those promises, the clients accepted the settle[766]*766ment. Following court proceedings, the respondent failed to contact the lending institution for refinancing, failed to contact the attorney for the plaintiffs in the pending lawsuit and failed to respond to repeated telephone inquiries from his clients. It was alleged that such conduct violated SCR 20.04(4), 20.32(3) and 20.35(1) (a), (b) and (c).

6. In his representation of a client who retained him to pursue a $40,000 damage claim against an insurance agent, the respondent told the client that it would not be necessary to prepare for trial because the case had been adjourned. Subsequently, the client learned that the case had been dismissed and a judgment for $162 costs entered against him for the reason that the respondent did not send defense counsel requested discovery documents despite having made promises to do so and notwithstanding the court’s decision on a motion to compel discovery that a failure to produce the requested information would result in dismissal of the action on its merits. The respondent never informed his client of the discovery requests, never asked him for information needed to provide discovery and never advised him that a motion had been filed to compel discovery. The respondent also did not tell his client that an order for judgment had been entered against him but instead misrepresented to him that the original trial date had been adjourned. The client then retained new counsel, who unsuccessfully brought a motion to reopen the judgment. It was alleged that such conduct violated SCR 20.04(4), 20.32(3) and 20.35(1) (a), (b) and (c).

7. In November of 1981, a client retained the respondent to commence a divorce action and paid him a retainer of $500 to do so. The respondent later assured his client that the divorce action had been commenced and promised to send her copies of the pleadings. Two months later the client’s husband retained an attorney, and it was discovered that the respondent had not commenced the ac[767]*767tion. The retainer was never returned to the client. It was alleged that such conduct violated SCR 20.04(4), 20.-32(3) and 20.50(2).

8. In 1976 two clients retained a law firm at which the respondent was employed as an associate attorney to represent them on a claim of wrongful conversion of their timber. The respondent subsequently left the employ of that law firm and took the file in the matter with him.

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Bluebook (online)
324 N.W.2d 692, 108 Wis. 2d 763, 1982 Wisc. LEXIS 2766, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-proceedings-against-tye-wis-1982.