Office of Lawyer Regulation v. Nicholas C. Kefalos

CourtWisconsin Supreme Court
DecidedOctober 22, 2019
Docket2019AP000900-D
StatusPublished

This text of Office of Lawyer Regulation v. Nicholas C. Kefalos (Office of Lawyer Regulation v. Nicholas C. Kefalos) 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. Nicholas C. Kefalos, (Wis. 2019).

Opinion

2019 WI 94

SUPREME COURT OF WISCONSIN CASE NO.: 19AP900-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Nicholas C. Kefalos, Attorney at Law:

Office of Lawyer Regulation, Complainant, v. Nicholas C. Kefalos, Respondent.

DISCIPLINARY PROCEEDINGS AGAINST KEFALOS

OPINION FILED: October 22, 2019 SUBMITTED ON BRIEFS: ORAL ARGUMENT:

SOURCE OF APPEAL: COURT: COUNTY: JUDGE:

JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING:

ATTORNEYS: 2019 WI 94 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2019AP900-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings Against Nicholas C. Kefalos, Attorney at Law:

Office of Lawyer Regulation, FILED Complainant, OCT 22, 2019 v. Sheila T. Reiff Clerk of Supreme Court Nicholas C. Kefalos,

Respondent.

ATTORNEY disciplinary proceeding. Attorney's license

suspended.

¶1 PER CURIAM. This is a reciprocal discipline matter.

On May 14, 2019, the Office of Lawyer Regulation (OLR) filed a

complaint and motion pursuant to Supreme Court Rule (SCR) 22.22,

requesting this court suspend Attorney Nicholas C. Kefalos'

license to practice law in Wisconsin for a period of six months,

as discipline reciprocal to that imposed by the Supreme Court of

Illinois. Upon review, we agree that it is appropriate to

impose a six-month suspension, identical to that imposed by the Supreme Court of Illinois. No. 2019AP900-D

¶2 Attorney Kefalos was admitted to practice law in

Wisconsin in 2000. He was admitted to practice law in Illinois

in 1999. The most recent address furnished to the State Bar of

Wisconsin is 27 North Wacker Drive, Chicago, Illinois. He has

no previous disciplinary history in Wisconsin.

¶3 On April 4, 2018, the Administrator of the Illinois

Attorney Registration and Disciplinary Commission (ARDC) filed a

complaint for disciplinary action against Attorney Kefalos.

Attorney Kefalos did not file an answer. As a result of his

default, the allegations in ARDC's first amended complaint were

deemed admitted. On November 29, 2018, and based on his

default, a hearing panel found that Attorney Kefalos had

committed the misconduct alleged in the first amended complaint.

That misconduct included failure to act with reasonable

diligence and promptness; failure to keep the client reasonably

informed; failure to promptly comply with reasonable requests

for information; failure to refund $2,550 in unearned advanced

fees; and failure to respond to lawful requests for information from the ARDC.

¶4 On March 19, 2019, the Supreme Court of Illinois

suspended Attorney Kefalos' license to practice law in Illinois

for six months and until further order of the court. Attorney

Kefalos failed to notify the OLR of the suspension of his

Illinois law license within 20 days of its effective date.

¶5 The OLR's complaint alleges that by virtue of the

Illinois suspension, Attorney Kefalos is subject to reciprocal discipline in Wisconsin pursuant to SCR 22.22, and by failing to 2 No. 2019AP900-D

notify the OLR of his suspension in Illinois, he violated

SCR 22.22(1). The OLR asks this court to suspend Attorney

Kefalos' Wisconsin law license for six months as discipline

reciprocal to that imposed in Illinois.

¶6 The OLR's complaint and order to answer were sent to

Attorney Kefalos at the most recent address he had provided to

the State Bar of Wisconsin. In addition, the OLR attempted to

serve Attorney Kefalos through a process server but despite

diligent efforts, the process server was unable to locate

Attorney Kefalos. Service of the complaint and order to answer

was accomplished by the OLR sending via certified mail, an

authenticated copy of the complaint and order to answer to

Attorney Kefalos at the most recent address he had furnished to

the State Bar of Wisconsin. See SCR 22.13(1).

¶7 On July 5, 2019, this court directed Attorney Kefalos

to inform the court in writing within 20 days of any claim by

him, predicated upon the grounds set forth in SCR 22.22(3), that

the imposition of discipline reciprocal to that imposed in Illinois would be unwarranted, and of the factual basis for any

such claim. No response was received.

¶8 Under SCR 22.22(3), in reciprocal discipline matters,

this court shall impose the identical discipline unless one of

the exceptions enumerated in that rule is shown. There is no

indication that any of those exceptions apply in this case.

Accordingly, we impose discipline substantially identical to

that imposed by the Supreme Court of Illinois.

3 No. 2019AP900-D

¶9 IT IS ORDERED that the license of Nicholas C. Kefalos

to practice law in Wisconsin is suspended for a period of six

months, effective December 3, 2019.

¶10 IT IS FURTHER ORDERED that Nicholas C. Kefalos shall

comply with the provisions of SCR 22.26 concerning the duties of

a person whose license to practice law in Wisconsin has been

¶11 IT IS FURTHER ORDERED that compliance with all

conditions of this order is required for reinstatement. See

SCR 22.29(4)(c).

4 No. 2019AP900-D

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Office of Lawyer Regulation v. Nicholas C. Kefalos, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-nicholas-c-kefalos-wis-2019.