Office of Lawyer Regulation v. Pablo Carranza

2014 WI 121, 855 N.W.2d 683, 358 Wis. 2d 522, 2014 Wisc. LEXIS 735
CourtWisconsin Supreme Court
DecidedNovember 13, 2014
Docket2014AP001242-D
StatusPublished
Cited by2 cases

This text of 2014 WI 121 (Office of Lawyer Regulation v. Pablo Carranza) 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. Pablo Carranza, 2014 WI 121, 855 N.W.2d 683, 358 Wis. 2d 522, 2014 Wisc. LEXIS 735 (Wis. 2014).

Opinions

[523]*523PER CURIAM.

¶ 1. Attorney Pablo Carranza has filed a petition for voluntary revocation of his license to practice law in Wisconsin pursuant to Supreme Court Rule (SCR) 22.19.1 Attorney Carranza is the subject of eleven Office of Lawyer Regulation (OLR) grievance investigations in which the Preliminary Review Committee (PRC) found cause to proceed with a total of 38 counts of misconduct. In addition, Attorney Carranza is the subject of two additional pending OLR grievance matters that have not yet been fully investigated by the OLR or brought to the PRC. Attorney Carranza states in his petition that he cannot successfully defend [524]*524against the multiple allegations of misconduct that the OLR is currently investigating.

¶ 2. Attorney Carranza was admitted to the practice of law in Wisconsin in 2005. He has no prior disciplinary violations. His license is, however, currently administratively suspended for failure to pay mandatory bar dues, failure to comply with reporting requirements for continuing legal education, and failure to cooperate with OLR investigations.

¶ 3. The OLR asks this court to order restitution in two matters. Attorney Carranza acknowledges that restitution is appropriate. The multiple allegations of misconduct will be briefly summarized.

Matter of A.E.

¶ 4. In January 2012, A.E. hired Attorney Carranza to obtain a release of her boyfriend from Immigration Customs Enforcement. A.E. paid Attorney Carranza a $500 advanced fee that was immediately deposited into Attorney Carranza's business account. There was no written fee agreement. Attorney Carranza thereafter failed to take any action on the immigration matter and failed to respond to several telephone calls requesting information. A.E. terminated Attorney Carranza's services and requested a refund of her advanced fee. Attorney Carranza did not refund the advanced fee.

¶ 5. In a subsequent investigative interview with the OLR, Attorney Carranza stated he had not yet prepared a final accounting but agreed A.E. was entitled to a refund. Attorney Carranza repeatedly promised and failed to provide a final accounting and failed to refund the $500 advanced fee to A.E. [525]*525The PRC found cause to proceed against Attorney Carranza for alleged violations of SCR 20:1.15(h)(4m),2 [526]*526SCR 20:1.15(b)(4m)b., SCR 20:1.16(d),3 and SCR 22.03(6),4 enforced via SCR 20:8.4(h).5 We direct Attorney Carranza to pay restitution to A.E. in the amount of $500.

Matter of C.S.S.

¶ 6. On January 21, 2013, C.S.S. retained Attorney Carranza to help him renew his visa. C.S.S. paid [527]*527Attorney Carranza a $300 advanced fee. Attorney Carranza took copies of all of C.S.S.'s documents and told C.S.S. that he would contact him in about two weeks and "get things filed." Attorney Carranza thereafter failed to either communicate with C.S.S. or take any action on C.S.S.'s behalf, despite C.S.S.'s numerous attempts to contact Attorney Carranza by telephone, text, and email. He also failed to return C.S.S.'s documents.

¶ 7. On September 10, 2013, C.S.S. filed a grievance against Attorney Carranza. Attorney Carranza then failed to respond to several letters from the OLR requesting information about the matter.

¶ 8. The PRC found cause to proceed against Attorney Carranza for alleged violations of SCR 20:1.3,6 SCR 20:1.4(a),7 two counts of SCR 20:1.16(d), and SCR 22.03(2),8 enforced via SCR 20:8.4(h). On May 13, 2014, [528]*528the Wisconsin Lawyers' Fund for Client Protection (Fund) approved payment of $300 to C.S.S. The parties agreed that restitution to the Fund is appropriate, and we direct Attorney Carranza to pay restitution to the Fund in the amount of $300.

¶ 9. The PRC also found cause to proceed in six client matters in which restitution might be appropriate, but because Attorney Carranza failed to provide a final accounting, the amount potentially owed to each client cannot be determined. Those matters are summarized as follows.

Matter of MM.

¶ 10. In January 2012, M.M. retained Attorney Carranza to represent her in a divorce. She paid Attorney Carranza a $2,000 advanced fee. There was no written fee agreement. Attorney Carranza attended three motion hearings between January and May 2013, then his communication with M.M. ceased. A pre-trial conference was scheduled for August 14, 2013. Attorney Carranza failed to keep M.M. informed of the status of her case and failed to inform her that his license was suspended on August 1, 2013, for failing to cooperate in other OLR investigations.

[529]*529¶ 11. Just prior to the August 14, 2013 pre-trial conference, Attorney Carranza telephoned M.M. and informed her that he was running late but would be there. He failed to appear at the conference.

¶ 12. On August 15, 2013, M.M. filed a grievance with the OLR against Attorney Carranza. Attorney Carranza then failed to respond to several letters from the OLR seeking information. The PRC found cause to proceed against Attorney Carranza for alleged violations of SCR 20:1.4(a)(3), two counts of SCR 20:1.16(d), SCR 22.26(l)(a) and (b),9 SCR 20:l.5(b)(2),10 SCR 20:8.4(c),11 and SCR 22.03(2), enforced via SCR 20:8.4(h). To date, because Attorney Carranza has not submitted an accounting, the amount of a refund, if any, owed to M.M. is unknown.

Matter of C.S.

¶ 13. In February 2013, C.S. retained Attorney Carranza to represent her in relation to pending [530]*530charges of Operating While Intoxicated-Second and Operating with Prohibited Blood Alcohol Content-Second. She paid Attorney Carranza a $1,000 advanced fee. Attorney Carranza was present at C.S.'s initial appearance on February 28, 2013, and attended her status conferences on May 14, 2013, and June 26, 2013. The next status conference was scheduled for August 20, 2013.

¶ 14. Attorney Carranza failed to keep C.S. informed of the status of her case. For the most part, he only contacted her on the day of her court appearances, despite the fact that C.S. called and left multiple messages with Attorney Carranza and sent him several emails. Attorney Carranza also failed to inform C.S. that his license was suspended, effective August 1, 2013.

¶ 15. On August 20, 2013, Attorney Carranza sent an email to C.S. reminding her of a court date that afternoon. Later that day, Attorney Carranza texted C.S. and told her he was late for her status conference because he was at a doctor's appointment. At the status conference, the court informed C.S. that Attorney Carranza could no longer represent her. C.S. subsequently texted Attorney Carranza, who told her he would line up another attorney to represent her and that she would not have to "shell out any more money." The next day, C.S. texted Attorney Carranza that she had discovered that his license was suspended and asked for a refund. Attorney Carranza never responded to this text message.

¶ 16. On August 21, 2013, C.S. filed a grievance with the OLR against Attorney Carranza.

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Bluebook (online)
2014 WI 121, 855 N.W.2d 683, 358 Wis. 2d 522, 2014 Wisc. LEXIS 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-pablo-carranza-wis-2014.