Office of Lawyer Regulation v. Boyle

2015 WI 90, 869 N.W.2d 475, 364 Wis. 2d 544, 2015 Wisc. LEXIS 493
CourtWisconsin Supreme Court
DecidedSeptember 16, 2015
DocketNo. 2012AP2322-D
StatusPublished
Cited by5 cases

This text of 2015 WI 90 (Office of Lawyer Regulation v. Boyle) 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. Boyle, 2015 WI 90, 869 N.W.2d 475, 364 Wis. 2d 544, 2015 Wisc. LEXIS 493 (Wis. 2015).

Opinions

PER CURIAM.

¶ 1. We review the report of the referee, Attorney Michael F. Dubis, recommending that Attorney Charles A. Boyle's license to practice law in Wisconsin be suspended for a period of 90 days and that he be required to pay the full costs of this disciplinary proceeding, which were $15,453.40 as of February 4, 2014. Because no appeal has been filed, we proceed with our review of the referee's report and recommendation pursuant to Supreme Court Rule (SCR) 22.17(2).1

¶ 2. The standard we employ to review a referee's report and recommendation in an attorney disci[548]*548plinary case is well-established. We affirm a referee's findings of fact unless they are found to be clearly erroneous, but we review the referee's conclusions of law on a de novo basis. In re Disciplinary Proceedings Against Inglimo, 2007 WI 126, ¶ 5, 305 Wis. 2d 71, 740 N.W.2d 125. We determine the appropriate level of discipline to impose given the particular facts of each case, independent of the referee's recommendation, but benefiting from it. In re Disciplinary Proceedings Against Widule, 2003 WI 34, ¶ 44, 261 Wis. 2d 45, 660 N.W.2d 686.

¶ 3. Given Attorney Boyle's failure to answer or otherwise respond in a timely manner to the amended complaint filed by the Office of Lawyer Regulation (OLR) and the referee's resulting declaration of a default, we conclude that Attorney Boyle committed the five counts of misconduct arising out of his actions in attempting to represent a widow in a Racine County civil action. We choose, however, not to address at this time the other five counts alleged in the OLR's amended complaint arising out of Attorney Boyle's actions in a case that was litigated in the United States District Court for the Northern District of Illinois (the Northern District Court). We therefore dismiss those counts. In light of the unique facts of this case, Attorney Boyle's lack of prior discipline in this state, and the reduced number of ethical violations, we believe that a public reprimand is sufficient to convey to Attorney Boyle the seriousness of his misconduct and to deter him from similar actions in the future. Finally, in light of the facts that the drafting of the amended complaint was required due to the OLR's error and that there should have been no need for an extensive "prove-up" hearing after a declaration of default, we reduce the requested cost amount that [549]*549Attorney Boyle must pay by 40%, which will result in a cost assessment of $9,272.04.

¶ 4. Attorney Boyle was admitted to the practice of law in Illinois in November 1966. According to one of his filings, which the OLR did not dispute, beginning in 1967 Attorney Boyle served for a number of years as an Assistant United States Attorney in the Northern District Court, which included trying cases on behalf of the United States. He was admitted to the general bar of the Northern District Court in 1974. He has subsequently engaged in the private practice of law in Chicago.

¶ 5. Attorney Boyle was granted admission to the practice of law in Wisconsin in June 1985. He has never been the subject of discipline in this state, although his Wisconsin license has been administratively suspended on a few occasions. The last two administrative suspensions (for failure to report continuing legal education (CLE) credits and for failure to pay bar dues) took effect in 2006. As will be discussed in more detail below, Attorney Boyle's license was reinstated in April 2012. His license to practice law in this state currently remains active and in good standing.

¶ 6. On October 24, 2012, the OLR initiated this disciplinary proceeding by filing a complaint alleging nine counts of professional misconduct. Attorney Boyle ultimately responded to the complaint by filing a motion to dismiss. The referee denied the motion to dismiss and set a date for a telephonic scheduling conference. Pursuant to the referee's order, Attorney Boyle filed an answer to the OLR's initial complaint.

¶ 7. Attorney Boyle failed to appear for the telephonic scheduling conference. At this conference the OLR requested the ability to file an amended corn-[550]*550plaint. The referee subsequently entered a written order allowing the OLR to file an amended complaint by June 30, 2013, and requiring Attorney Boyle to file an answer to the amended complaint within 20 days after service.

¶ 8. Before the OLR filed its amended complaint, however, Attorney Boyle filed a second motion to dismiss. During a subsequent telephonic conference, the referee asked Attorney Boyle whether he would withdraw his second motion to dismiss since the amended complaint had not yet been filed, which rendered the motion to dismiss premature. Attorney Boyle responded that he would not withdraw the second motion. He stated during the telephone conference that the referee should do whatever he wanted with the second motion to dismiss. When asked whether he intended to file a new answer to the amended complaint, Attorney Boyle indicated that he did not intend to do so. Following the telephonic conference, the referee issued a written order denying Attorney Boyle's second motion to dismiss and directing him to file an answer to the amended complaint within 20 days after service.

¶ 9. The OLR filed its amended complaint on June 27, 2013. The amended complaint contained essentially the same allegations as the original complaint. The primary difference related to the ethical rules which Attorney Boyle was alleged to have violated in the case in the Northern District Court. The original complaint had alleged in connection with that case that Attorney Boyle had violated certain provisions of the Wisconsin Rules of Professional Conduct for Attorneys (the Wisconsin ethical rules). Because the alleged misconduct had occurred in a federal court in another state, the amended complaint alleged violations of the Northern District Court's ethical rules [551]*551rather than the Wisconsin ethical rules.2 Because of the change in the applicable law, the amended complaint also broke out some allegations into an additional count. Thus, the amended complaint contained ten counts of alleged misconduct rather than the nine counts contained in the original complaint.3

¶ 10. The OLR alleged and the referee found that the OLR had served a copy of the amended complaint on Attorney Boyle via email and first-class mail to the Chicago address he had listed on his earlier filings. Attorney Boyle subsequently alleged that he never received the amended complaint at the time it was filed.

[552]*552¶ 11. On July 29, 2013, the OLR filed a motion for default against Attorney Boyle. Shortly after the filing of the default motion, Attorney Boyle asked counsel for the OLR to send a copy of the amended complaint to him, but that did not occur for several weeks.

¶ 12. The referee then sent out a notice of a "prove-up" hearing on the OLR's default motion to take place on September 23, 2013. Although Attorney Boyle did not file an answer or other response to the amended complaint, he did file two motions between the filing of the OLR's default motion and the "prove-up" hearing. The first motion was a motion for summary judgment. The second motion, served four days and filed three days prior to the "prove-up" hearing, sought to vacate any finding of default and to strike the hearing on the OLR's default motion.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Office of Lawyer Regulation v. Charles A. Boyle
2016 WI 40 (Wisconsin Supreme Court, 2016)
Office of Lawyer Regulation v. Roitburd
2016 WI 12 (Wisconsin Supreme Court, 2016)
Office of Lawyer Regulation v. Stuart F. Roitburd
2016 WI 12 (Wisconsin Supreme Court, 2016)

Cite This Page — Counsel Stack

Bluebook (online)
2015 WI 90, 869 N.W.2d 475, 364 Wis. 2d 544, 2015 Wisc. LEXIS 493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-boyle-wis-2015.