Office of Lawyer Regulation v. Adam Walsh

CourtWisconsin Supreme Court
DecidedMarch 23, 2017
Docket2017AP000243-D
StatusPublished

This text of Office of Lawyer Regulation v. Adam Walsh (Office of Lawyer Regulation v. Adam Walsh) 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
Office of Lawyer Regulation v. Adam Walsh, (Wis. 2017).

Opinion

2017 WI 24

SUPREME COURT OF WISCONSIN CASE NO.: 2017AP243-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Adam Walsh, Attorney at Law:

Office of Lawyer Regulation, Complainant, v. Adam Walsh, Respondent. DISCIPLINARY PROCEEDINGS AGAINST WALSH

OPINION FILED: March 23, 2017 SUBMITTED ON BRIEFS: ORAL ARGUMENT:

SOURCE OF APPEAL: COURT: COUNTY: JUDGE:

JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING:

ATTORNEYS: 2017 WI 24 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2017AP243-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings Against Adam Walsh, Attorney at Law.

Office of Lawyer Regulation, FILED Complainant, MAR 23, 2017 v. Diane M. Fremgen Clerk of Supreme Court Adam Walsh,

Respondent.

ATTORNEY disciplinary proceeding. Attorney's license

revoked.

¶1 PER CURIAM. Attorney Adam Walsh has filed a petition

for the consensual revocation of his license to practice law in

Wisconsin pursuant to Supreme Court Rule (SCR) 22.19.1 Attorney

1 SCR 22.19 provides: Petition for consensual license revocation.

(1) An attorney who is the subject of an investigation for possible misconduct or the respondent in a proceeding may file with the supreme (continued) No. 2017AP243-D

Walsh's petition states that he cannot successfully defend

against the allegations of professional misconduct arising out

of two Office of Lawyer Regulation (OLR) investigations

concerning his conduct. An OLR summary of those investigations

and of the potential allegations of professional misconduct is

attached to Attorney Walsh's petition.

court a petition for the revocation by consent or his or her license to practice law.

(2) The petition shall state that the petitioner cannot successfully defend against the allegations of misconduct.

(3) If a complaint has not been filed, the petition shall be filed in the supreme court and shall include the director's summary of the misconduct allegations being investigated. Within 20 days after the date of filing of the petition, the director shall file in the supreme court a recommendation on the petition. Upon a showing of good cause, the supreme court may extend the time for filing a recommendation.

(4) If a complaint has been filed, the petition shall be filed in the supreme court and served on the director and on the referee to whom the proceeding has been assigned. Within 20 days after the filing of the petition, the director shall file in the supreme court a response in support of or in opposition to the petition and serve a copy on the referee. Upon a showing of good cause, the supreme court may extend the time for filing a response. The referee shall file a report and recommendation on the petition in the supreme court within 30 days after receipt of the director's response.

(5) The supreme court shall grant the petition and revoke the petitioner's license to practice law or deny the petition and remand the matter to the director or to the referee for further proceedings.

2 No. 2017AP243-D

¶2 Attorney Walsh was admitted to the practice of law in

Wisconsin in January 2008. He most recently practiced in

Madison under the name Affordable Legal Services of Wisconsin.

Attorney Walsh sold the law firm to another attorney effective

January 1, 2015. He continued to work at the firm, however,

until November 25, 2015.

¶3 Attorney Walsh has been the subject of professional

discipline on one prior occasion. In 2015 he consented to the

imposition of a private reprimand pursuant to SCR 22.09 for

improperly using his client credit card trust account on three

separate occasions to disburse trust account funds prior to the

deposit and availability of those funds for the respective

clients and for failing to maintain and to produce required

trust account records. Private Reprimand 2015-1 (electronic

copy available at

https://compendium.wicourts.gov/app/raw/002757.html).

¶4 Attorney Walsh filed a petition for the voluntary

resignation of his license to practice law in this state in June 2016. Because the OLR's response to that petition indicated

that it was conducting an investigation regarding Attorney

Walsh, his voluntary resignation petition has been held in

abeyance. In light of his current petition, his petition for

voluntary resignation is being dismissed pursuant to a separate

order being issued simultaneously with this opinion.

¶5 The OLR summary attached to Attorney Walsh's petition

for consensual revocation sets forth two main areas of investigation into potential ethical violations. 3 No. 2017AP243-D

¶6 The first area involves Attorney Walsh's multiple

instances of insufficient balances in his client trust account.

Attorney Walsh maintained a client trust account at JP Morgan

Chase Bank in Madison from November 19, 2010, until October 14,

2015. At the time he closed the account, Attorney Walsh

withdrew for himself the remaining balance of $868.26. A check

Attorney Walsh had issued against the trust account, however,

was subsequently presented for payment on November 3, 2015, and

was returned for insufficient funds. Attorney Walsh claims that

he reimbursed the recipient of the trust account check via other

means.

¶7 Although the OLR's investigation was hampered by

Attorney Walsh's refusal or inability to provide records for his

trust account, the available information shows that on multiple

occasions, the trust account contained substantially less money

than it should have in 2014 and 2015. For example, bank records

show that the balance in the trust account was $469,349.55 on

May 31, 2014. At that time, the trust account should have contained at least $78,351.86 in funds belonging to two clients,

J.M.G. and M.J.E. Subtracting that amount from the balance

would leave a remaining balance of $390,997.69. This amount,

however, was more than $50,000 less than Attorney Walsh had

previously admitted in a letter he should have been holding for

another client, a substantial trust. Indeed, that amount would

have been more than $78,000 less than the amount identified in

the March 28, 2014 annual report of the trust. Moreover, the limited records the OLR was able to obtain indicate that 4 No. 2017AP243-D

Attorney Walsh deposited over $589,000 into his trust account on

behalf of the trust, but those records also show total

disbursements of only approximately $530,000 to proper

recipients of the trust's funds. Because the OLR has not been

able to obtain complete records, it cannot tell whether there

were other disbursements to proper recipients for which records

are not available or whether Attorney Walsh converted some or

all of the remaining trust's funds to his own use.

¶8 Similar possible shortcomings in disbursements of

other client funds appear in connection with at least three

other clients. The amounts that do not appear to have been

disbursed to the clients or to other proper recipients, however,

are substantially smaller than was the case with the trust's

money. What is clear is that in at least one case, the balance

of Attorney Walsh's client trust account dipped more than

$30,000 below the amount that should have been held in trust for

just one client.

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Office of Lawyer Regulation v. Adam Walsh
2017 WI 24 (Wisconsin Supreme Court, 2017)

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