Office of Lawyer Regulation v. Stanley Whitmore Davis

2021 WI 12, 954 N.W.2d 386, 395 Wis. 2d 539
CourtWisconsin Supreme Court
DecidedFebruary 17, 2021
Docket2019AP002405-D
StatusPublished

This text of 2021 WI 12 (Office of Lawyer Regulation v. Stanley Whitmore Davis) 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. Stanley Whitmore Davis, 2021 WI 12, 954 N.W.2d 386, 395 Wis. 2d 539 (Wis. 2021).

Opinion

2021 WI 12

SUPREME COURT OF WISCONSIN CASE NO.: 2019AP2405-D

COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Stanley Whitmore Davis, Attorney at Law:

Office of Lawyer Regulation, Complainant, v. Stanley Whitmore Davis, Respondent.

DISCIPLINARY PROCEEDINGS AGAINST DAVIS

OPINION FILED: February 17, 2021 SUBMITTED ON BRIEFS: ORAL ARGUMENT:

SOURCE OF APPEAL: COURT: COUNTY: JUDGE:

JUSTICES: Per Curiam. NOT PARTICIPATING:

ATTORNEYS: 2021 WI 12 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2019AP2405-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings Against Stanley Whitmore Davis, Attorney at Law:

Office of Lawyer Regulation, FILED Complainant, FEB 17, 2021

v. Sheila T. Reiff Clerk of Supreme Court

Stanley Whitmore Davis,

Respondent.

ATTORNEY disciplinary proceeding. Attorney's license

revoked.

¶1 PER CURIAM. Pending before the court is a report and

recommendation filed by Referee David G. Deininger. The report

recommends that we accept Attorney Stanley Whitmore Davis'

amended petition for consensual license revocation, order him to

pay restitution, and revoke his license to practice law in

Wisconsin. Attorney Davis is the subject of an Office of Lawyer

Regulation (OLR) disciplinary complaint alleging that he committed 11 counts of professional misconduct in two client No. 2019AP2405-D

matters. He is also the subject of two pending grievances that

have not yet been fully investigated by the OLR.

¶2 We agree that both revocation and restitution are

appropriate, and we agree that Attorney Davis shall pay the full

costs of this proceeding, which are $1,497.67 as of October 8,

2020.

¶3 Attorney Davis was admitted to the practice of law in

Wisconsin in 1998. He currently resides in Orlando, Florida.

His law license is presently suspended for both disciplinary and

administrative reasons. In June 2020 we issued a per curiam

decision suspending Attorney Davis' law license for one year for

36 counts of professional misconduct committed in eight client

matters. That misconduct included practicing law while

suspended, failure to inform clients of his suspensions, neglect

of client matters, and failure to account for advanced fees or

to refund unearned fees. In re Disciplinary Proceedings Against

Davis, 2020 WI 48, ¶11, 392 Wis. 2d 21, 943 N.W.2d 885.

¶4 His law license has been administratively suspended for failure to pay State Bar dues and failure to provide a

required trust account certification since November 2, 2018. It

has also been administratively suspended for failure to comply

with CLE reporting requirements since June 5, 2019.

¶5 On December 20, 2019, while the above-referenced

disciplinary matter was still pending, the OLR filed the

disciplinary complaint now before us. In it, Attorney Davis was

charged with 11 counts of professional misconduct in two client matters and the OLR sought a six-month license suspension, 2 No. 2019AP2405-D

restitution, and costs. Attorney Davis was personally served,

but did not file an answer to the complaint. We appointed

Referee David G. Deininger to preside over this matter.

¶6 Attorney Davis attempted to resolve all of his then

pending disciplinary matters by filing a Petition for Revocation

by Consent on May 19, 2020. However, by the time he filed that

petition, our review of the first disciplinary matter was

complete and our June 2020 opinion was awaiting release.

Accordingly, we dismissed Attorney Davis' initial petition for

license revocation and directed the parties to proceed in this

matter. We further directed the parties to advise Referee

Deininger if Attorney Davis opted to file an amended Petition

for Revocation by Consent. He subsequently did so, the referee

has issued a report, and the matter is now properly before us.

¶7 We first consider the pending disciplinary complaint.

The first five counts arise from Attorney Davis' representation

of D.R. D.R. retained Attorney Davis in February 2017 to

represent him regarding his employment termination from the Wisconsin Department of Children and Families. D.R. paid

Attorney Davis $3,500 in advanced fees to represent him. Over

the next two years, Attorney Davis repeatedly failed to notify

D.R. when Attorney Davis' law license was suspended; continued

his representation of D.R. during these license suspensions;

missed the deadline for filing a Notice of Claim with the

Wisconsin Attorney General (a prerequisite for filing suit on

D.R.'s termination); and did not provide D.R.'s case file to him when requested. After D.R. filed a grievance with the OLR, 3 No. 2019AP2405-D

Attorney Davis failed to respond to the OLR's request for a

response.

¶8 Based on the forgoing, the OLR alleged that Attorney

Davis' handling of the D.R. matter violated a number of the

rules of professional conduct, as follows:

Count One: By failing to notify D.R. of the May 31, 2017 suspension of his Wisconsin law license, or his subsequent suspensions, and his consequent inability to practice law, Attorney Davis violated SCR 22.26(1)(a), enforceable via SCR 20:8.4(f).2 1

Count Two: By continuing to represent and provide legal advice to D.R. following the May 31, 2017 suspension of his Wisconsin law license, Attorney Davis violated SCR 10.03(6),3 SCR 22.26(2),4 and SCR 31.10(l), enforceable via SCR 20:8.4(f). 5

1 SCR 22.26(1)(a) provides:

On or before the effective date of license suspension or revocation, an attorney whose license is suspended or revoked shall notify by certified mail all clients being represented in pending matters of the suspension or revocation and of the attorney's consequent inability to act as an attorney following the effective date of the suspension or revocation. 2 SCR 20:8.4(f) provides: "It is professional misconduct for a lawyer to violate a statute, supreme court rule, supreme court order or supreme court decision regulating the conduct of lawyers." 3 SCR 10.03(6) provides:

If the annual dues or assessments of any member remain unpaid 120 days after the payment is due, the membership of the member may be suspended in the manner provided in the bylaws; and no person whose membership is so suspended for nonpayment of dues or assessments may practice law during the period of the suspension. 4 SCR 22.26(2) provides:

4 No. 2019AP2405-D

Count Three: By misapprehending the deadline and thereby missing the 120-day deadline to file a notice of claim for D.R.'s termination, Attorney Davis violated SCR 20:1.1.6

An attorney whose license to practice law is suspended or revoked or who is suspended from the practice of law may not engage in this state in the practice of law or in any law work activity customarily done by law students, law clerks, or other paralegal personnel, except that the attorney may engage in law related work in this state for a commercial employer itself not engaged in the practice of law. 5 SCR 31.10(1) provides:

If a lawyer fails to comply with the attendance requirement of SCR 31.02, fails to comply with the reporting requirement of SCR 31.03(1), or fails to pay the late fee under SCR 31.03(2), the board shall serve a notice of noncompliance on the lawyer.

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Related

In the Matter of Disciplinary Proceedings Against Whitnall
2003 WI 146 (Wisconsin Supreme Court, 2003)
Disciplinary Proceedings Against Arthur
2005 WI 40 (Wisconsin Supreme Court, 2005)
Office of Lawyer Regulation v. Joshua F. Stubbins
2014 WI 115 (Wisconsin Supreme Court, 2014)
OLR v. Stanley Whitmore Davis
2020 WI 48 (Wisconsin Supreme Court, 2020)

Cite This Page — Counsel Stack

Bluebook (online)
2021 WI 12, 954 N.W.2d 386, 395 Wis. 2d 539, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-stanley-whitmore-davis-wis-2021.