Office of Lawyer Regulation v. Mularski

2010 WI 113, 787 N.W.2d 834, 329 Wis. 2d 273, 2010 Wisc. LEXIS 353
CourtWisconsin Supreme Court
DecidedSeptember 10, 2010
DocketNo. 2008AP85-D
StatusPublished
Cited by7 cases

This text of 2010 WI 113 (Office of Lawyer Regulation v. Mularski) 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. Mularski, 2010 WI 113, 787 N.W.2d 834, 329 Wis. 2d 273, 2010 Wisc. LEXIS 353 (Wis. 2010).

Opinion

PER CURIAM.

¶ 1. The Office of Lawyer Regulation (OLR) has filed a disciplinary complaint charging Attorney Brian P Mularski with 13 counts of misconduct in three client matters. Attorney Mularski is also subject to eight pending grievance investigations not yet charged. Attorney Mularski petitions for the consensual revocation of his Wisconsin law license. He states he cannot successfully defend himself against the professional misconduct alleged in the complaint and the pending investigations. Also, he states he will perform an accounting and make the appropriate restitution.

¶ 2. Referee John Fiorenza has filed his recommendation that Attorney Mularski's license to practice law in Wisconsin be revoked. Referee Fiorenza also recommends that Attorney Mularski provide an accounting of all the funds he misappropriated, and prove he has made restitution to those aggrieved by his misconduct.

¶ 3. Attorney Mularski was admitted to practice law in Wisconsin in 2000 and has practiced most recently in Milwaukee. He has not been subject to prior discipline. His license is currently suspended, however, for noncompliance with dues and trust account certification requirements.

¶ 4. We grant the petition and revoke Attorney Mularski's license to practice law in this state. As a condition of any future petition for reinstatement, Attorney Mularski shall provide an accounting and demonstrate he has made full restitution to those individuals aggrieved by his misconduct as alleged in [275]*275the OLR complaint and the pending investigations. Attorney Mularski is ordered to pay the costs of this proceeding.

¶ 5. The OLR complaint alleges the following misconduct:

E.E CLIENT MATTER (COUNTS 1 THROUGH 6)

¶ 6. In November 2004 E.E retained Attorney Mularski in a personal injury matter. The contingent fee agreement was not reduced to writing. Although Attorney Mularski did not have E.E's permission to settle the case for $45,000, Attorney Mularski informed a casualty claims examiner that he would settle E.E's claim for $45,000 and pay the medical providers' liens with settlement proceeds.

¶ 7. In mid-December 2004 Attorney Mularski received a $45,000 check from the insurer, along with a release to be signed by E.E Attorney Mularski did not inform the lien holders of the receipt of the funds. He deposited the funds in his law firm's trust account, but then ceased working at the firm. On January 5, 2005, the firm issued a check to the Mularski Law Offices trust account in the amount of $40,416.67 transferring the settlement funds (less attorney fees which had already been paid). Attorney Mularski informed his former firm that the settlement was supposed to be $55,000, not the $45,000 received. He informed the firm he would be returning the $45,000 to the insurer and would file suit on his client's behalf. However, when his former law firm attempted to confirm the settlement arrangement with the insurer, the firm was advised the claim had been settled for $45,000, including medical liens.

¶ 8. On January 8, 2005, E.E signed a release stating the matter had been settled for $58,000. Attor[276]*276ney Mularski issued a $10,000 check to his law office for legal fees and a $28,000 check to E.E He advised E.E he needed to resolve some issues with the insurer before he could give her the remainder of the settlement proceeds.

¶ 9. Attorney Mularski sent the insurer a letter on February 11, 2005, stating he would send the release that day and would be responsible for handling the outstanding medical liens. Attorney Mularski sent the insurer a signed release for $45,000, purportedly signed by E.E However, the signature on the release was not E.E's.

¶ 10. On April 14, 2005, Attorney Mularski issued a check from his trust account to E.E for $6,124.56, with the notation "Settlement Reimbursement." Although Attorney Mularski's client trust account had only $40,416.67 attributable to E.E, he had disbursed a total of $44,124.56 from his trust account relative to E.E's case.

¶ 11. Attorney Mularski agreed to refund to E.E $10,000 in fees. He refunded $6,000 from his personal funds. He did not promptly satisfy the medical liens. During the OLR investigation, Attorney Mularski was unable to produce E.E's file or any trust account records relating to his representation of E.E

¶ 12. The OLR's disciplinary complaint charges six counts arising from Attorney Mularski's misconduct in the E.E matter:

Count One. By failing to reduce his contingent fee agreement to writing, Attorney Mularski violated former SCR 20:l.5(c);1
[277]*277• Count Two. By informing the claims examiner that his client would settle for $45,000, without obtaining his client's agreement to settlement in that amount, Attorney Mularski violated former SCR 20:1.2(a);2
Count Three. By failing to provide medical lien holders with written notice of his receipt of the settlement funds and by failing to satisfy the liens, Attorney Mularski violated former SCR 20:1.15(d)(1);3
[278]*278• Count Four. By disbursing $44,124.56 from his trust account when he was holding only $40,416.67 in trust, thereby disbursing funds belonging to another party, Attorney Mularski violated former 20:1.15(b)(1);4
Count Five. By failing to maintain trust account records, Attorney Mularski violated former SCR 20:1.15(e)(6);5 and
Count Six. By making a number of misrepresentations to the insurer and his law firm, by modifying the release and obtaining his client's signature on the altered release, and by forging his client's signature on the release which was sent to the insurer, Attorney Mularski violated SCR 20:8.4(c).6

K.C. CLIENT MATTER (COUNTS 7 THROUGH 9)

¶ 13. The next matter involves K.C, who retained Attorney Mularski to represent him regarding an auto[279]*279mobile accident. K.C. and his wife signed a release settling the matter with the insurer for $19,100. The settlement provided that funds totaling $6,121.33 were held in Attorney Mularski's law firm trust account to pay some of the medical bills.

¶ 14. On May 26, 2006, the date the release was signed, Attorney Mularski issued to K.C. a check for $10,000. Checks were also issued to three medical providers, along with two checks to Attorney Mularski's law firm totaling $6,355 and $55 for costs. These disbursements left only $695 in trust for the remaining medical bills. Attorney Mularski failed to inform K.C. that he was holding only $695 toward the remaining medical bills. Also, Attorney Mularski failed to notify the medical providers of his receipt of the settlement funds and failed to pay the medical liens.

¶ 15. On July 28, 2006, after receiving collection notices from the remaining medical care providers, K.C. requested Attorney Mularski relinquish any funds held for payment of the remaining bills. Attorney Mularski issued a check to K.C. for $695. The checks that had allegedly been issued to three medical providers on May 26, 2006, were not mailed to the providers until late September 2006 after K.C. had filed a grievance with the OLR.

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Cite This Page — Counsel Stack

Bluebook (online)
2010 WI 113, 787 N.W.2d 834, 329 Wis. 2d 273, 2010 Wisc. LEXIS 353, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-mularski-wis-2010.