Office of Lawyer Regulation v. Patrick J. Hudec

2014 WI 46, 848 N.W.2d 287, 354 Wis. 2d 728, 2014 WL 2932215, 2014 Wisc. LEXIS 298
CourtWisconsin Supreme Court
DecidedJuly 1, 2014
Docket2013AP000360-D
StatusPublished
Cited by7 cases

This text of 2014 WI 46 (Office of Lawyer Regulation v. Patrick J. Hudec) 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. Patrick J. Hudec, 2014 WI 46, 848 N.W.2d 287, 354 Wis. 2d 728, 2014 WL 2932215, 2014 Wisc. LEXIS 298 (Wis. 2014).

Opinions

[729]*729PER CURIAM.

¶ 1. We review the report filed by Referee Christine Harris Taylor which adopted a stipulation entered into between the Office of Lawyer Regulation (OLR) and Attorney Patrick J. Hudec. The referee agreed that Attorney Hudec committed four counts of misconduct, as alleged in the OLR's complaint. The referee further agreed with the parties that [730]*730a public reprimand was an appropriate level of discipline for Attorney Hudec's misconduct. Finally, the referee recommended that Attorney Hudec should be assessed the full costs of the proceeding, which are $1,625.14 as of January 23, 2014.

¶ 2. After careful review of the matter, we conclude that the referee's findings of fact are supported by clear, satisfactory, and convincing evidence. We further adopt the referee's conclusions of law. We agree that the appropriate discipline for Attorney Hudec's misconduct is a public reprimand. Finally, we agree that Attorney Hudec should bear the full costs of this proceeding.

¶ 3. Attorney Hudec was admitted to practice law in Wisconsin in 1979. The most recent address on file for him with the State Bar of Wisconsin is East Troy, Wisconsin.

¶ 4. In November of 1989, Attorney Hudec consented to a private reprimand for misconduct that included accepting representation that was adverse to a former client and which constituted a conflict of interest. Private Reprimand No. 1989-27.

¶ 5. In March of 1993, Attorney Hudec consented to a private reprimand for misconduct that included entering into a business transaction that was adverse to the financial interests of a client; engaging in conduct involving dishonesty, fraud, deceit, or misrepresentation; and withholding material evidence in failing to cooperate with the investigation of the Board of Attorneys Professional Responsibility, the predecessor to the OLR. Private Reprimand No. 1993-4.

¶ 6. In May of 2001, Attorney Hudec consented to a third private reprimand for misconduct that included failing to obtain written consent to a potential conflict of interest in representing two clients and drafting a [731]*731letter which contained a false statement of fact. Private Reprimand No. 2001-OLR-15.

¶ 7. In March of 2008, Attorney Hudec consented to a public reprimand for misconduct that included failing to act with reasonable diligence and promptness in representing a client, failing to keep a client reasonably informed about the status of a matter and promptly comply with requests for information, and failing to timely respond to OLR letters and telephone calls and to timely produce information requested by the OLR. Public Reprimand of Patrick J. Hudec, No. 2008-OLR-2.

¶ 8. On February 13, 2013, the OLR filed a complaint alleging four counts of misconduct which occurred between November 2007 and January 2009. The allegations of misconduct arose out of Attorney Hudec's representation of Roma II - Waterford, LLC, et al. (Roma II), a corporation that owned a restaurant. Roma II was the defendant in a lawsuit filed in Racine County circuit court. Attorney Hudec signed an answer to the plaintiffs complaint and filed it on November 13, 2007. The answer was incomplete and responded to only the first of the four causes of action alleged in the complaint. The paragraphs in the answer were misnumbered and started with paragraphs one through 11, then skipped to paragraphs 23 and 24. There was no claim for relief in the answer.

¶ 9. On December 17, 2007, the plaintiff in the suit filed a motion for default judgment on the second, third, and fourth causes of action. Two days later Attorney Hudec filed an amended answer and counterclaim. At a hearing on the plaintiffs motion for default judgment, Attorney Hudec told the circuit court that the first answer he had filed had been a draft that was filed by mistake.

[732]*732¶ 10. Attorney Hudec further stated to the court that he had filed an affidavit in opposition to the defendant's default judgment motion. Attorney Hudec retracted his representation about filing an affidavit in opposition to the motion when both the plaintiffs counsel and the court remarked they had not received the affidavit. Electronic court records did not show a record of the affidavit referred to by Attorney Hudec.

¶ 11. The circuit court granted the plaintiffs motion for a default judgment on the second, third, and fourth causes of action and did not discuss Attorney Hudec's amended answer in its decision. Attorney Hudec filed a motion for reconsideration and a motion to vacate the default judgment. Following a hearing, the circuit court signed a document entitled "Final Order" that stated the defendant's motions for reconsideration and to vacate the default judgment were denied and that a proposed order for judgment and judgment filed by the plaintiff was stayed pending appeal. The circuit court's order did not say it was final for purposes of appeal. No judgment was filed or entered.

¶ 12. On June 5, 2008, Attorney Hudec filed an appeal on behalf of Roma II in the court of appeals. He filed his brief on November 12, 2008. Attorney Hudec alleged on appeal that the default judgment was unfair because the defendant's failure to answer three of the four causes of action was due to a mistake on Attorney Hudec's part. The plaintiff filed his responsive appellate brief on December 1, 2008. Attorney Hudec filed a reply brief on January 30, 2009, but failed to copy the plaintiffs counsel.

¶ 13. Although the court of appeals ultimately reversed the circuit court since Attorney Hudec timely filed an amended answer that joined issue as to all causes of action, the court of appeals criticized state[733]*733ments made by Attorney Hudec at the motion hearing in circuit court. The court of appeals referred to Attorney Hudec's "lack of attention to detail." The court of appeals also said Attorney Hudec's conduct was "egregious." The court of appeals further found that Attorney Hudec incorrectly stated the standard of review as being de novo, whereas the correct standard of review was whether the lower court's decision was an erroneous exercise of discretion.

¶ 14. The court of appeals also said Attorney Hudec's "mistake" in signing and filing an incomplete answer appeared "not to be an isolated incident but a pattern of gross and inexcusable inattention to details." The court of appeals sanctioned Attorney Hudec for intentionally including materials not appropriate to the appeal, including an administrative decision which postdated the decision being appealed and for intentionally including materials the court deemed "salacious." The court of appeals imposed a $500 penalty as a sanction.

¶ 15. The court of appeals also found that Attorney Hudec failed to serve a copy of the reply brief on the respondent as required by Wis. Stat. § 809.19(8). The court of appeals also chastised Attorney Hudec for failing to proofread his submissions and said, "Frankly, we are at a loss to understand what is clearly Hudec's intentional disregard of the rules and the details, including his failure to proofread."

¶ 16. The OLR's complaint alleged the following counts of misconduct:

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Bluebook (online)
2014 WI 46, 848 N.W.2d 287, 354 Wis. 2d 728, 2014 WL 2932215, 2014 Wisc. LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-patrick-j-hudec-wis-2014.