Office of Lawyer Regulation v. Read

2012 WI 121, 824 N.W.2d 122, 344 Wis. 2d 570, 2012 Wisc. LEXIS 622
CourtWisconsin Supreme Court
DecidedDecember 4, 2012
DocketNo. 2011AP1816-D
StatusPublished

This text of 2012 WI 121 (Office of Lawyer Regulation v. Read) 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. Read, 2012 WI 121, 824 N.W.2d 122, 344 Wis. 2d 570, 2012 Wisc. LEXIS 622 (Wis. 2012).

Opinion

PER CURIAM.

¶ 1. On June 18, 2012, Referee Kim M. Peterson filed a memorandum decision recommending that Attorney Evan M. Read be declared in default, concluding that Attorney Read engaged in professional misconduct, and recommending that he be publicly reprimanded. Since Attorney Read failed to present a defense despite being given the opportunity to do so, we declare him to be in default. We further conclude that a public reprimand is an appropriate sanction for his misconduct. We also find that the costs of the proceeding, which are $374.41 as of July 6, 2012, should be assessed against Attorney Read.

¶ 2. Attorney Read was admitted to practice law in Wisconsin in 2007 and practiced in Milwaukee. On May 13, 2010, this court temporarily suspended Attorney Read's license to practice law in Wisconsin due to his willful failure to cooperate with the Office of Lawyer Regulation's (OLR) investigation into a grievance filed by a former client. Attorney Read's license remains suspended.

[572]*572¶ 3. On August 8, 2011, the OLR filed a complaint alleging six counts of professional misconduct. All counts arose out of Attorney Read's representation of K.W, who had been convicted of bail jumping. In October 2007 Attorney Read agreed to accept an appointment by the State Public Defender (SPD) to represent K.W in seeking postconviction relief or an appeal. In late November 2007 K.W signed Department of Corrections form DOC-1631 (Telephone Request Attorney Add/Delete), adding Attorney Read as his attorney of record. On January 30, 2008, the Telephone Request Attorney Add/Delete form was stamped "Void" because at least 30 days had elapsed without response from Attorney Read.

¶ 4. In early August 2008 K.W wrote to the SPD asking for assistance in getting Attorney Read to contact him. K.W noted he had already sent several letters to Attorney Read. On August 13, 2008, Attorney Kenneth Lund, Attorney Manager for the SPD, wrote to Attorney Read to convey a copy of a letter from K.W expressing concern about Attorney Read's representation and requesting a response.

¶ 5. On September 4, 2008, K.W wrote to Attorney Lund to report he had been moved from Jackson Correctional Institution to the Wisconsin Secure Program Facility at Boscobel. K.W complained that the prison business office had sent a form to Attorney Read to allow unmonitored telephone calls from K.W but Attorney Read had failed to sign it or otherwise respond. K.W complained to the SPD that it had been almost a year since Attorney Read had been assigned to his case and K.W had received no word at all from him.

¶ 6. On September 9, 2008, Attorney Lund wrote to Attorney Read noting receipt of a second complaint from K.W Attorney Lund expressed concern about Attorney Read's failure to respond to his August 13, 2008 letter asking for a status report. On October 6, [573]*5732008, Attorney Lund wrote to Attorney Read noting his lack of response to the previous letters.

¶ 7. On October 7, 2008, Attorney Lund received an undated letter from K.W advising that he had been moved to Columbia Correctional Institution in Portage. K.W asked if Attorney Lund had heard from Attorney Read. K.W expressed concern over the whereabouts of his case file and the possible difficulty in filing a late appeal.

¶ 8. On October 21, 2008, the OLR received a written grievance from K.W. saying that since January 2008 he had been making repeated attempts to contact Attorney Read regarding the status of his appeal.

¶ 9. On November 3, 2008, an OLR intake investigator sent a copy of K.W.'s grievance to Attorney Read at his business address in Milwaukee. The intake investigator requested a response from Attorney Read by November 10, 2008. The OLR received a letter from Attorney Read dated November 10,2008. The letter said, "[K.W] is certainly entitled to his frustration; I can only apologize for my inattentiveness. ... I will not repeat my mistakes." Attorney Read claimed he had never received the letters K.W had sent him because his offices had moved. The letter went on to say, "I'm a rather inexperienced attorney, so I wasn't sure how to find you in the prison system." Attorney Read said he was waiting for transcripts from K.W.'s case. The letter concluded by saying, "I'm sorry things got so messed up — I'll bend my efforts toward assessing your appeal with all possible speed."

¶ 10. On December 4, 2008, Attorney Lund wrote to Attorney Read documenting his unsuccessful efforts to get a response from Attorney Read. Attorney Lund said, "Your unwillingness to respond to me and, apparently, to your client is simply unacceptable." Attorney Lund provided K.W.'s new address at Columbia Correc[574]*574tional Institution and asked that Attorney Read contact both K.W and Attorney Lund immediately.

¶ 11. In December 2008, the OLR offered Attorney Read a diversion agreement under SCR 22.10 in connection with K.W's grievance. The OLR received Attorney Read's acceptance of the terms and conditions of the agreement on January 14, 2009.

¶ 12. December 22,2008 was the deadline for filing a notice of appeal or motion for postconviction relief in K.W's case. There is no record that Attorney Read initiated any appeal in connection with K.W's case, nor is there any indication that he sought an extension of time to file an appeal or that he pursued any sort of postconviction relief in the circuit court on K.W's behalf.

¶ 13. By letter dated January 14, 2009, an OLR intake investigator notified K.W that Attorney Read had entered into a one-year diversion agreement and that the grievance would be held in abeyance pending either successful completion, or breach, of the agreement.

¶ 14. K.W wrote to Attorney Lund again on May 15, 2009, complaining that he had still not heard from Attorney Read. Attorney Lund sent Attorney Read an e-mail on June 1, 2009, noting that he had written to Attorney Read four times and called him several times and that Attorney Read had failed to respond to any efforts by either Attorney Lund or K.W to reach him.

¶ 15. Attorney Read telephoned Attorney Lund on June 2, 2009, saying he thought a new attorney had been assigned to represent K.W after K.W had filed the grievance. Attorney Read also reported that he had moved and had not received any of Attorney Lund's letters prior to the June 1, 2009 communication. Attorney Read said he agreed that he needed to fix the problems with his representation, starting by meeting with K.W either in person or by telephone.

[575]*575¶ 16. On June 4, 2009, K.W. wrote to Attorney Lund complaining that Attorney Read was not keeping him apprised of the status of his appeal and was not contacting him at all. On June 11, 2009, Attorney Read wrote to K.W saying that he had driven to Portage to meet with K.W. on June 6 but that he had been turned away because the Department of Corrections (DOC) or the institution has a regulation that people with obvious flu or cold symptoms may not visit. Attorney Read said he was no longer sick and promised to return every Saturday until he was able to meet with K.W.

¶ 17. On August 13, 2009, Attorney Lund sent another e-mail to Attorney Read requesting that he provide whatever information and documentation he had to demonstrate he had provided the representation to which K.W was entitled. On September 24, 2009, K.W wrote to Attorney Lund requesting that a new attorney be assigned to represent him in place of Attorney Read.

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Bluebook (online)
2012 WI 121, 824 N.W.2d 122, 344 Wis. 2d 570, 2012 Wisc. LEXIS 622, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-read-wis-2012.