In re Disciplinary Proceedings Against Youdovitz

479 N.W.2d 527, 166 Wis. 2d 350, 1992 Wisc. LEXIS 8
CourtWisconsin Supreme Court
DecidedFebruary 11, 1992
DocketNo. 91-1886-D
StatusPublished

This text of 479 N.W.2d 527 (In re Disciplinary Proceedings Against Youdovitz) 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 Youdovitz, 479 N.W.2d 527, 166 Wis. 2d 350, 1992 Wisc. LEXIS 8 (Wis. 1992).

Opinion

PER CURIAM.

Attorney disciplinary proceeding; attorney's license revoked.

We review the recommendation of the referee that the license of Attorney David A. Youdovitz to practice law in Wisconsin be revoked as discipline for misconduct. That misconduct included his conversion of client funds to his own use, making misrepresentations to a court and to others concerning matters in which he acted as attorney, his neglect of client legal matters, his failure to keep his clients informed of the status of those matters and refusing to cooperate with the Board of Attorneys Professional Responsibility (Board) during its investigation of his misconduct.

By his egregious and repeated acts of professional misconduct in the numerous matters, Attorney [351]*351Youdovitz has demonstrated that he is unfit to be licensed as a person to be consulted by and to represent others in legal matters and to act as an officer of the courts of Wisconsin. He has repeatedly breached his fundamental professional duty of honesty to his clients and to the courts, placed his own personal interests over clients' interests he had undertaken to promote and protect and failed to perform the work for which he had been retained. The seriousness and extent of his misconduct warrants the revocation of his license to practice law.

Attorney Youdovitz was admitted to practice law in Wisconsin in 1976 and practiced in Milwaukee. He was suspended from practice in June, 1991 for failure to comply with continuing legal education requirements. He has not previously been the subject of an attorney disciplinary proceeding. The referee is the Honorable Robert T. McGraw, reserve judge.

Although personally served with the Board's complaint and amended complaint in this proceeding, Attorney Youdovitz did not file an answer or otherwise appear. He did not attend either of the scheduling conferences, despite notification by mail from the referee of those conferences. Accordingly, the referee made findings of fact pursuant to the allegations of the Board's complaint as follows.

(1) In September, 1986, Attorney Youdovitz was retained by a client to pursue assets in her ex-husband's estate. Attorney Youdovitz recommended that an action be commenced in order to obtain death benefits under the decedent's life insurance policy. He then had his client appointed special administrator of the estate and, when questioned by the probate judge, stated that he had started an action in another jurisdiction against the decedent's second wife, when in fact he had not started [352]*352such action. During the Board's investigation, Attorney Youdovitz did not respond to three letters of inquiry from the Board, although he eventually appeared at the Board's office and gave information concerning this client's grievance.

The referee concluded that Attorney Youdovitz' misrepresentation to the probate judge concerning the commencement of the action violated SCR 20:3.3(a)(l)1 and 20:8.4(c)2 that his failure to commence the action on his client's behalf constituted failure to act with reasonable diligence and promptness, in violation of SCR 20:1.3;3 and that his failure to respond to the Board's inquiries concerning the matter violated SCR 21.03 (4)4 [353]*353and 22.07(2).5

(2) In August, 1988, a couple retained Attorney Youdovitz to collect a money judgment. After attempting to obtain voluntary payment from the debtor, Attorney Youdovitz prepared garnishment pleadings and sent them to the sheriff for service, which was obtained on the debtor's employer but not on the debtor. Thereafter, Attorney Youdovitz told his clients he was attempting to complete the matter but never did. During the Board's investigation, he failed to respond to three letters of inquiry, although he eventually appeared and gave information.

The referee concluded that Attorney Youdovitz failed to act with reasonable diligence and promptness in representing his clients, in violation of SCR 20:1.3, and violated SCR 21.03(4) and 22.07(2) by failing to respond to three inquiries from the Board.

(3) In November, 1986, Attorney Youdovitz had a client appointed personal representative in an estate and himself appointed to act as attorney for that estate. After some delays, the probate court ordered Attorney Youdovitz and the personal representative to show cause why the estate had not been closed. Following a hearing [354]*354on that order, the court removed them from the estate. Thereafter, Attorney Youdovitz did not respond to requests from the successor personal representative for the estate files. Attorney Youdovitz appeared at a hearing on an order to show cause requiring him to appear with the files but did not bring the files with him. After the matter was adjourned, Attorney Youdovitz complied with the request for the files.

The referee concluded that Attorney Youdovitz neglected this legal matter and failed to handle it with appropriate diligence and promptness, in violation of former SCR 20.32(3) and current SCR 20:1.3. By failing to promptly turn over the estate file to the successor personal representative upon request, Attorney Youdovitz violated SCR 20:1.16(d).6

(4) Attorney Youdovitz was retained in March, 1987 to probate an estate in which the only substantial asset was the decedent's homestead, which the personal representative sold. Soon thereafter, a successor personal representative was appointed and brought a motion to compel Attorney Youdovitz to produce records and papers in the probate proceedings. Attorney Youdovitz did not respond to the demand for the estate file but returned it shortly before a hearing was held on an order to show cause requiring him to turn it over. During the Board's investigation, Attorney Youdovitz did not [355]*355respond to two letters from the Board inquiring into the matter but eventually appeared before the Board and responded to its inquiries.

The referee concluded that Attorney Youdovitz' failure to promptly turn over the estate file to the successor personal representative following his removal as attorney for the estate violated SCR 20:1.16(d) and his failure to respond to the Board violated SCR 21.03(4) and 22.07(2).

(5) In August, 1986, a woman retained Attorney Youdovitz to probate her husband's estate and she was appointed personal representative. In July, 1989, the probate court issued an order to show cause requiring Attorney Youdovitz and his client to respond for their failure to file an inventory in the estate. When neither appeared, the court removed them from the estate. Although he told the successor personal representative he would provide requested information, Attorney Youdovitz did not do so, nor did he respond to subsequent letters asking for the information. Ultimately, the attorney for the estate obtained an order to show cause why Attorney Youdovitz should not be required to provide documentation regarding the estate.

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Bluebook (online)
479 N.W.2d 527, 166 Wis. 2d 350, 1992 Wisc. LEXIS 8, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-disciplinary-proceedings-against-youdovitz-wis-1992.