Office of Lawyer Regulation v. John P. Buran

2025 WI 40
CourtWisconsin Supreme Court
DecidedAugust 14, 2025
Docket2023AP001760-D
StatusPublished

This text of 2025 WI 40 (Office of Lawyer Regulation v. John P. Buran) 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. John P. Buran, 2025 WI 40 (Wis. 2025).

Opinion

2025 WI 40

IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST JOHN P. BURAN, ATTORNEY AT LAW

OFFICE OF LAWYER REGULATION, Complainant-Appellant, v. JOHN P. BURAN, Respondent-Respondent.

No. 2023AP1760-D Decided August 14, 2025

ATTORNEY DISCIPLINARY PROCEEDING

¶1 PER CURIAM.1 In this disciplinary proceeding, there is no dispute that Attorney John P. Buran committed professional misconduct by forging the name of a former employee of his law firm as a witness to nine wills and then submitting six of those wills to probate, as alleged in the three counts of the complaint. The dispute in this matter centers on the appropriate level of discipline to be imposed. The Office of Lawyer Regulation (OLR) has appealed Referee Sue E. Bischel’s recommendation that we suspend Attorney John P. Buran’s license to practice law in Wisconsin for 18 months as discipline for his professional misconduct.

All work on this opinion was completed on or before July 31, 2025, at a 1

time when Justice Ann Walsh Bradley was a member of the court. IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST ATTORNEY JOHN P. BURAN Per Curiam

¶2 The OLR seeks the revocation of Attorney Buran’s license to practice law in Wisconsin, which we find to be unsupported by our prior disciplinary decisions. We conclude that the particular facts of this case, which fall short of warranting a revocation of Attorney Buran’s license, are nonetheless serious enough to require a suspension of 30 months.

¶3 Attorney Buran was admitted to the practice of law in September 1990. He has operated his own legal practice in Manitowoc. He has not previously been the subject of professional discipline.

¶4 The OLR’s complaint in this matter alleged three counts of professional misconduct. Attorney Buran filed an answer in which he admitted almost all of the substantive factual allegations of the complaint, but he did not admit the complaint’s legal allegations that his conduct had constituted violations of the applicable Rules of Professional Responsibility. The OLR subsequently filed a motion for summary judgment, which it supported by affidavits. Attorney Buran did not oppose the motion.

¶5 Given the factual admissions in Attorney Buran’s answer and his decision not to oppose the OLR’s summary judgment motion, the material facts in this matter are undisputed. Based on those undisputed facts, the referee granted summary judgment to the OLR on the three counts alleged in the complaint.

¶6 The undisputed facts in this matter, as admitted by Attorney Buran and found by the referee, and the conclusions of law that result from those facts are as follows. At one point in time, Attorney Buran’s law firm employed Penny Fabian as a legal assistant. As part of her employment, Ms. Fabian would affix her signature as a witness to documents prepared by Attorney Buran. Ms. Fabian left Attorney Buran’s employment at some point in 2007.2

2 In his answer to the OLR’s complaint, Attorney Buran stated that he was without information sufficient to answer the OLR’s allegation regarding the end date of Ms. Fabian’s employment, which constituted a denial of the allegation. However, in support of its summary judgment motion, the OLR submitted an affidavit from Ms. Fabian, in which she averred that her employment with the Buran Law Offices ended at some point in 2007. Attorney Buran did not oppose the OLR’s summary judgment motion and did not submit any evidence to contest Ms. Fabian’s averment. Consequently, there can be no genuine issue about that

2 IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST ATTORNEY JOHN P. BURAN Per Curiam

¶7 In 2016 and again in 2021, Attorney Buran drafted wills for client A.K. On both wills, Attorney Buran forged Ms. Fabian’s signature as a witness to A.K.’s execution of the will. A.K. died in August 2021. The forging of these signatures formed the basis for Count One of the complaint.

¶8 The referee concluded that Attorney Buran’s forging of Ms. Fabian’s signature on both of these wills constituted a violation of Supreme Court Rule (SCR) 20:8.4(c).3

¶9 Counts Two and Three of the complaint related to a number of other wills on which Attorney Buran forged Ms. Fabian’s signature. Specifically, the complaint alleged, and the referee found, that between September 2008 and August 2020, Attorney Buran forged Ms. Fabian’s signature as a witness to seven additional wills. Attorney Buran filed six of those wills for probate in Manitowoc County circuit court probate proceedings. Attorney Buran did not disclose to the circuit court that any of those six wills on which he had forged a witness signature might be defective or invalid. The OLR did not allege that any of those wills were rejected or even the subject of a dispute. It did identify the six probate

fact because it was not disputed with evidence to the contrary or even challenged. See Wis. Stat. § 802.08(3) (“When a motion for summary judgment is made and supported as provided in this section, an adverse party may not rest upon the mere allegations or denials of the pleadings but the adverse party’s response, by affidavits or as otherwise provided in this section, must set forth specific facts showing that there is a genuine issue for trial.”); Metropolitan Ventures, LLC v. GEA Associates, 2006 WI 71, ¶21, 291 Wis. 2d 393, 717 N.W.2d 58 (“‘An issue of fact is genuine if a reasonable jury could find for the nonmoving party.’” (citation omitted)). The referee indicated that she found the end date of Ms. Fabian’s employment to be irrelevant to the operative allegation that Attorney Buran forged Ms. Fabian’s signature on a series of wills without her knowledge or consent. While we agree that an attorney forging someone else’s signature is improper whether or not that person is an employee of the attorney at the time, since Attorney Buran did not rebut Ms. Fabian’s affidavit, we will consider that fact as undisputed for purposes of this opinion.

3Supreme Court Rule 20:8.4(c) states that it is professional misconduct for a lawyer to “engage in conduct involving dishonesty, fraud, deceit or misrepresentation.”

3 IN THE MATTER OF DISCIPLINARY PROCEEDINGS AGAINST ATTORNEY JOHN P. BURAN Per Curiam

proceedings in which the wills with the forged witness signatures were filed.

¶10 Based on these facts, the referee again determined that Attorney Buran’s forging of Ms. Fabian’s signature on the seven additional wills constituted a violation of SCR 20:8.4(c). In addition, the referee concluded that by filing for probate in circuit court proceedings six wills on which he had forged a witness signature without informing the court of that fact, Attorney Buran had also violated SCR 20:3.3(a)(1).4

¶11 After the referee granted the OLR’s summary judgment motion regarding the presence of violations by Attorney Buran, she asked the parties to submit memoranda of law concerning the proper level of discipline for Attorney Buran’s professional misconduct. Both parties submitted the requested memoranda. Neither party asked for an evidentiary hearing at which to present testimony or documentary evidence regarding the appropriate level of discipline. In his appellate brief, Attorney Buran indicates that he was unaware he could request an evidentiary hearing and states that he simply accepted the fact that the referee wanted only legal memoranda on the issue of discipline.

¶12 The referee ultimately recommended that we suspend Attorney Buran’s license to practice law in Wisconsin for a period of 18 months.

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

Related

Disciplinary Proceedings Against Scanlan
2006 WI 38 (Wisconsin Supreme Court, 2006)
Metropolitan Ventures, LLC v. GEA Associates
2006 WI 71 (Wisconsin Supreme Court, 2006)
Matter of Disciplinary Proceedings Against Inglimo
2007 WI 126 (Wisconsin Supreme Court, 2007)
In the Matter of Disciplinary Proceedings Against Acker
2007 WI 117 (Wisconsin Supreme Court, 2007)
In the Matter of Disciplinary Proceedings Against Widule
2003 WI 34 (Wisconsin Supreme Court, 2003)
Office of Lawyer Regulation v. Sean D. Cooper
2013 WI 97 (Wisconsin Supreme Court, 2013)
Office of Lawyer Regulation v. Robert B. Moodie
2020 WI 39 (Wisconsin Supreme Court, 2020)
Office of Lawyer Regulation v. Peter J. Kovac
2020 WI 47 (Wisconsin Supreme Court, 2020)
Office of Lawyer Regulation v. Christopher S. Petros
2021 WI 55 (Wisconsin Supreme Court, 2021)
Office of Lawyer Regulation v. Sommers
2012 WI 33 (Wisconsin Supreme Court, 2012)
Office of Lawyer Regulation v. Paul A. Strouse
2024 WI 10 (Wisconsin Supreme Court, 2024)

Cite This Page — Counsel Stack

Bluebook (online)
2025 WI 40, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-john-p-buran-wis-2025.