Office of Lawyer Regulation v. Thad W. Jelinske

CourtWisconsin Supreme Court
DecidedSeptember 12, 2018
Docket2016AP001897-D
StatusPublished

This text of Office of Lawyer Regulation v. Thad W. Jelinske (Office of Lawyer Regulation v. Thad W. Jelinske) 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. Thad W. Jelinske, (Wis. 2018).

Opinion

2018 WI 94

SUPREME COURT OF WISCONSIN CASE NO.: 2016AP1897-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Thad W. Jelinske, Attorney at Law:

Office of Lawyer Regulation, Complainant, v. Thad W. Jelinske, Respondent.

DISCIPLINARY PROCEEDINGS AGAINST JELINSKE

OPINION FILED: September 12, 2018 SUBMITTED ON BRIEFS: ORAL ARGUMENT:

SOURCE OF APPEAL: COURT: COUNTY: JUDGE:

JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING:

ATTORNEYS: 2018 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. 2016AP1897-D

STATE OF WISCONSIN : IN SUPREME COURT

In the Matter of Disciplinary Proceedings Against Thad W. Jelinske, Attorney at Law:

Office of Lawyer Regulation, FILED Complainant, SEP 12, 2018 v. Sheila T. Reiff Clerk of Supreme Court Thad W. Jelinske,

Respondent.

ATTORNEY disciplinary proceeding. Attorney's license

suspended.

¶1 PER CURIAM. We review the report and recommendation

of Referee Jonathan V. Goodman, which approves a stipulation

between Attorney Thad W. Jelinske and the Office of Lawyer

Regulation (OLR) by which Attorney Jelinske pled no contest to

15 of the 23 allegations of misconduct in the OLR's complaint.

Consistent with the parties' stipulation, the referee

recommended that this court suspend Attorney Jelinske's Wisconsin law license for 18 months, retroactive to October 16, No. 2016AP1897-D

2017. The referee further recommended that Attorney Jelinske be

assessed the full costs of the proceeding, which are $13,032.92

as of August 13, 2018. The OLR does not seek the payment of

restitution.

¶2 Because no appeal has been filed, we review this

matter pursuant to SCR 22.17(2)1. We agree with the parties'

stipulation and the referee's determination that the allegations

of the disciplinary complaint and the information contained

within the over two-dozen exhibits to the parties' stipulation

provide an adequate factual basis for Attorney Jelinske's no

contest pleas. We also agree with the referee's determination

that Attorney Jelinske engaged in numerous forms of professional

misconduct, and that the seriousness of this misconduct warrants

an 18-month suspension of his law license. We part ways with

the referee in holding that, under the circumstances present

here, the suspension of Attorney Jelinske's law license should

not be backdated to October 16, 2017, but rather should be made

effective as of the date of this decision. We impose full costs. No restitution was sought and none is ordered.

1 SCR 22.17(2) provides:

If no appeal is filed timely, the supreme court shall review the referee's report; adopt, reject or modify the referee's findings and conclusions or remand the matter to the referee for additional findings; and determine and impose appropriate discipline. The court, on its own motion, may order the parties to file briefs in the matter.

2 No. 2016AP1897-D

¶3 The OLR complaint alleged, and the referee found based

on the parties' stipulation,2 the following facts.

¶4 Attorney Jelinske was admitted to practice law in

Wisconsin in 1986. At all relevant times, he was a partner and

head of the commercial litigation department at a law firm in

Milwaukee. He has no disciplinary history.

¶5 In July 2001, Attorney Jelinske's firm prepared a

revocable trust and pour-over will for R.S.M., who had been a

client of the firm for many years.

¶6 R.S.M. died on August 1, 2011. R.S.M.'s will named

Attorney Jelinske as the personal representative of the estate

and successor trustee, and named Attorney Jelinske's law partner

as an alternative personal representative and trustee.

¶7 Attorney Jelinske commenced informal probate

proceedings in Waukesha County Circuit Court, despite having no

experience in probating estates. The court appointed Attorney

Jelinske as the personal representative of the estate, and the

will was admitted to probate. ¶8 The estate was insolvent. R.S.M. died owing over

$3,000,000 to one particular bank alone.

¶9 During the probate proceedings, Attorney Jelinske

wrote checks from the estate account for personal expenditures

for such things as shoes, shoe repairs, clothing, and credit

card expenses.

2 See n.4, infra.

3 No. 2016AP1897-D

¶10 During the probate proceedings, Attorney Jelinske and

the firm arranged for the firm to loan the estate $238,755.43 in

order to pay off a mortgage on R.S.M.'s home, as the mortgage

was in danger of foreclosure. Attorney Jelinske, on behalf of

the estate, executed a promissory note in favor of the firm with

an interest rate of eight percent. The terms of the note

included a "success fee" to the firm of one-third of the net

proceeds from the sale of the home. Attorney Jelinske arranged

for the sale of the home for $395,000. From the proceeds,

Attorney Jelinske repaid the firm the amount of the loan, plus a

$42,173.22 "success fee," plus $1,117.42 in accrued interest,

leaving net proceeds to the estate of $84,348.44. Attorney

Jelinske did not obtain approval from the court for the

transactions involving the home.

¶11 R.S.M.'s estate included an interest in a hair salon.

The salon was in default on a commercial lease. Attorney

Jelinske arranged for a sale of the salon. He double-billed the

estate in the amount of $4,700 for legal services related to this sale. He also converted to his own use $834.61 of funds

from an estate bank account that he had created to manage

payments to R.S.M.'s business interests, including the salon.

This misappropriation created a negative balance in the estate

account and triggered a non-sufficient funds fee, which he

covered by transferring funds from another account associated

with R.S.M.'s estate.

¶12 Attorney Jelinske also converted to his own use two payments——$573.61 and $1,565.52——from two separate life 4 No. 2016AP1897-D

insurance policies held by R.S.M. Attorney Jelinske deposited

the $573.61 insurance check into the estate account and, using a

counter check which he endorsed as the personal representative,

withdrew that same amount in cash. Attorney Jelinske endorsed

the $1,565.52 insurance check as the personal representative and

deposited the funds directly into his own checking account.

Attorney Jelinske did not maintain complete and accurate records

regarding these disbursements.

¶13 Contrary to Wis. Stat. § 857.05(3) (2013-14),3 Attorney

Jelinske billed R.S.M.'s estate for both personal representative

fees and attorney fees even though R.S.M.'s will did not

authorize dual fees. By September 2013, Attorney Jelinske had

billed the estate approximately $167,463 in legal fees. After

payment to Attorney Jelinske and the firm for legal fees, only

$174,885.58 remained available to distribute to creditors.

3 All references to the Wisconsin Statutes are to the 2013- 14 version unless otherwise noted.

Wis. Stat. § 857.05(3) provides:

ATTORNEY FEES AND COMMISSIONS.

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Related

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