Office of Lawyer Regulation v. Hahnfeld

2013 WI 14, 826 N.W.2d 47, 345 Wis. 2d 462, 2013 WL 335911, 2013 Wisc. LEXIS 11
CourtWisconsin Supreme Court
DecidedJanuary 30, 2013
DocketNo. 2011AP1570-D
StatusPublished
Cited by1 cases

This text of 2013 WI 14 (Office of Lawyer Regulation v. Hahnfeld) 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. Hahnfeld, 2013 WI 14, 826 N.W.2d 47, 345 Wis. 2d 462, 2013 WL 335911, 2013 Wisc. LEXIS 11 (Wis. 2013).

Opinion

PER CURIAM.

¶ 1. We review the report and recommendation of the referee, Attorney Hannah Dugan, that the license of Attorney Donald A. Hahnfeld to practice law in Wisconsin should be revoked due to his professional misconduct, that Attorney Hahnfeld [466]*466should pay a total of $47,200 in restitution to the Lawyers' Fund for Client Protection (the Fund) and to client J.M., and that Attorney Hahnfeld should pay the costs of this disciplinary proceeding, which were $26,988.61 as of August 16, 2012.

¶ 2. After conducting our review of the matter under the established procedures, we accept and adopt the referee's findings of fact set forth later in this opinion and conclude that those findings establish that Attorney Hahnfeld committed the 11 counts of professional misconduct alleged by the Office of Lawyer Regulation (OLR). We agree that the seriousness of Attorney Hahnfeld's misconduct, in light of his prior disciplinary record, warrants the revocation of Attorney Hahnfeld's license to practice law in Wisconsin. Further, we determine that Attorney Hahnfeld should pay the restitution sought by the OLR and should also pay the full costs of this proceeding.

¶ 3. The OLR initiated this disciplinary proceeding with the filing of a formal complaint in July 2011. Attorney Hahnfeld filed an answer, in which he denied or claimed to lack sufficient information to answer many of the allegations of the complaint. The OLR subsequently moved for partial summary judgment on counts 7, 9,10, and 11. Attorney Hahnfeld did not file a response to the OLR's summary judgment motion. The referee therefore summarily found that the OLR had proven the violations alleged in those counts. After conducting a multi-day evidentiary hearing, the referee issued her final report, in which she found that the OLR had proven the remaining counts alleged in its complaint. Attorney Hahnfeld has not appealed, leading to our review of the referee's report under SCR 22.17(2).1

[467]*467¶ 4. Attorney Hahnfeld was admitted to the practice of law in Wisconsin in May 1987. He most recently practiced in West Allis. His license is not currently active.

¶ 5. Attorney Hahnfeld has a lengthy disciplinary history. In 1993 he consented to the imposition of a public reprimand due to his failure to exercise reasonable diligence in four divorce cases and a bankruptcy case, as well as his failure to comply with the client's requests for information and to return an unearned fee in the bankruptcy matter. Public Reprimand of Donald A. Hahnfeld, No. 1993-7.

¶ 6. In 2003 Attorney Hahnfeld consented to another public reprimand for continuing to represent a party in a divorce matter while having a conflict of interest and for filing a defamation action for the sole purpose of maliciously injuring the attorney who had disclosed the conflict of interest. Public Reprimand of Donald A. Hahnfeld, No. 2003-7.

¶ 7. This court suspended Attorney Hahnfeld's license to practice law in Wisconsin for the first time in 2007. We imposed a 60-day suspension due to Attorney Hahnfeld's misconduct that included failure to exercise diligence, failure to communicate with his clients, failure to explain the basis of a fee, failure to return a client file, failure to return unearned fees, and failure to respond to investigatory inquiries from the OLR. In re Disciplinary Proceedings Against Hahnfeld, 2007 WI 123, 305 Wis. 2d 48, 739 N.W.2d 280. We conditioned the [468]*468reinstatement of Attorney Hahnfeld's license upon completing a satisfactory psychological/AODA2 evaluation.

¶ 8. Attorney Hahnfeld's most recent discipline occurred in 2012, when this court suspended his license for one year and ordered him to pay $6,000 in restitution for harm caused by his misconduct. In re Disciplinary Proceedings Against Hahnfeld, 2012 WI 17, 338 Wis. 2d 740, 809 N.W.2d 382. In that proceeding, Attorney Hahnfeld was found to have committed nine counts of professional misconduct, including failing to hold client funds in trust, failing to notify a client of the suspension of his license, failing to refund advance fees and costs upon termination of the representation, continuing to practice law in this state despite the suspension of his license, making multiple misrepresentations to the OLR, and failing to respond in a timely manner to the OLR's requests for information.

¶ 9. The current disciplinary proceeding arises out of Attorney Hahnfeld's representation of two separate clients and his continued practice of law during a period of suspension. The referee made the following findings of fact regarding those subjects.

¶ 10. In April 2001 J.M. paid a flat advance fee of $7,500 to Attorney Hahnfeld for representation in post-judgment divorce proceedings regarding the division of marital property. The circuit court ultimately left those issues unresolved and referred them to a referee for further proceedings, which lasted at least until May 2003.

¶ 11. In March 2002 J.M. paid Attorney Hahnfeld another $30,000 flat advance fee for representation in a civil action. Specifically, J.M. wanted Attorney Hahnfeld to file a new civil action against his ex-wife and their [469]*469three sons to recover assets that J.M believed had been either concealed or under-valued during the divorce proceedings before the circuit court and the referee. J.M. disputed the valuation and division of certain business property and equipment that had been connected with a variety of companies that J.M. and his ex-wife had owned during their marriage.

¶ 12. On April 1, 2002, Attorney Hahnfeld drafted a memorandum to an associate attorney in his law firm. The memorandum informed the associate attorney that J.M. had delivered a substantial retainer to the firm, that Attorney Hahnfeld wanted to file the new action requested by J.M. in May or June 2002, that she was to "work up the file," and that she should bill the matter aggressively.

¶ 13. On May 31, 2002, Attorney Hahnfeld received J.M.'s share of a state income tax refund in the amount of $2,184.39, which was part of the property division in the divorce proceeding. Although Attorney Hahnfeld deposited the refund into his client trust account, he failed to notify J.M. of the refund or deliver it to J.M. in a timely manner. On June 23, 2003, Attorney Hahnfeld delivered $1,184.39 to J.M., retaining $1,000 without J.M.'s authorization purportedly as attorney fees for reviewing issues related to the new civil action he was to file on J.M.'s behalf.

¶ 14. On May 15, 2003, the referee in the divorce proceeding issued a check in the amount of $64,263.09 made payable to Attorney Hahnfeld's trust account. This check represented J.M.'s property division settlement. Attorney Hahnfeld failed to notify J.M. in writing of the receipt of these funds or to deliver them promptly to J.M. On June 23, 2003, Attorney Hahnfeld delivered only $42,263.09 to J.M., retaining $22,000 of the funds [470]*470without J.M.'s authorization purportedly as additional attorney fees related to the review and preparation of the civil action.

¶ 15. On September 8, 2003, Attorney Hahnfeld received another $5,000 payable to his law firm that represented a maintenance payment to J.M. Attorney Hahnfeld again failed to notify J.M. of the payment and to deliver the funds to J.M. in a timely manner.

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Bluebook (online)
2013 WI 14, 826 N.W.2d 47, 345 Wis. 2d 462, 2013 WL 335911, 2013 Wisc. LEXIS 11, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-hahnfeld-wis-2013.