Office of Lawyer Regulation v. Woods

2011 WI 46, 800 N.W.2d 875, 334 Wis. 2d 324
CourtWisconsin Supreme Court
DecidedJune 23, 2011
DocketNo. 2010AP1543-D
StatusPublished
Cited by3 cases

This text of 2011 WI 46 (Office of Lawyer Regulation v. Woods) 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. Woods, 2011 WI 46, 800 N.W.2d 875, 334 Wis. 2d 324 (Wis. 2011).

Opinion

PER CURIAM.

¶ 1. We review the referee's recommendation entered upon a stipulation filed by Attorney Terrence J. Woods and the Office of Lawyer Regulation (OLR). The OLR filed a complaint alleging misconduct in failing to adhere to professional standards of diligence, communication with his client, and candor toward a tribunal. Richard P Mozinski was appointed referee. The referee approved Attorney Woods' no contest plea to the allegations of the disciplinary complaint and the parties' stipulation to a six-month suspension of Attorney Woods' license to practice law in Wisconsin, to be imposed retroactively (consecutive to a one-year suspension effective November 11, 2008). The referee also recommended Attorney Woods be ordered to pay costs. No appeal has been filed.

[326]*326¶ 2. We agree the seriousness of Attorney Woods' misconduct, together with his disciplinary history, warrant a six-month suspension of his license to practice law. However, we conclude the effective date of the suspension shall be the date of this decision, notwithstanding the fact that Attorney Woods' license has been under a continuous suspension since 2008 and will remain suspended unless and until he successfully petitions for reinstatement. Generally, a retroactive suspension is disfavored in the absence of some compelling circumstance. See In re Disciplinary Proceedings Against Boyd, 2009 WI 59, 318 Wis. 2d 281, 767 N.W.2d 226. We discern no compelling circumstance to impose a retroactive suspension in this instance. Therefore, we approve and adopt the stipulation and the referee's recommendation in all respects except as to the effective date of the suspension. We impose full costs.

¶ 3. Attorney Woods was admitted to practice law in Wisconsin in 1965 and has practiced in Oconto Falls. Attorney Woods has a lengthy disciplinary history; his license is currently suspended. In In re the Disciplinary Proceedings Against Woods, 2009 WI 7, 315 Wis. 2d 282, 759 N.W.2d 322, a one-year suspension was imposed to run consecutively to an August 2008 90-day suspension. In that case, Attorney Woods' misconduct included the failure to file timely and serve a personal injury lawsuit before the statute of limitations expired resulting in the dismissal with prejudice; failure to inform his client of a dismissal motion and hearing; failure to inform his client of the dismissal with prejudice; failure to explain to his client the effects of the dismissal; failure to respond to successor counsel's requests for the client's file; dishonesty in failing to inform his client of the dismissal of the lawsuit; and failure to file state income taxes.

[327]*327¶ 4. Effective August 11, 2008, the court imposed a 90-day suspension for Attorney Woods' failure to file an amended bankruptcy plan and budget by the deadline, leading to the dismissal of a bankruptcy petition; failure to inform his client of the status and advise his client to comply with court orders; conflict of interest; and failure to return advanced fees. In re Disciplinary Proceedings Against Woods, 2008 WI 79, 311 Wis. 2d 213, 751 N.W.2d 840.

¶ 5. In 2003 Attorney Woods received a consensual public reprimand for failure to act with reasonable diligence; failure to keep a client reasonably informed; failure to explain a matter to the extent reasonably necessary; failure to communicate the basis or rate of the fee; failure to reduce a contingency fee agreement to writing; and failure to take steps reasonably practicable to protect the client's interests. Public Reprimand of Terrence Woods, 2003-11. See also In re Disciplinary Proceedings Against Woods, 221 Wis. 2d 230, 583 Wis. 2d 650 (1998) (60-day suspension for failure to provide adequate representation and failure to act with reasonable diligence); In re Disciplinary Proceedings Against Woods, 216 Wis. 2d 137, 573 N.W.2d 838 (1998) (60-day suspension for failure to keep a client reasonably informed; failure to promptly comply with reasonable requests for information; failure to surrender property to which the client was entitled; failure to act with reasonable diligence; failure to cooperate with the investigation; and for making a misrepresentation in a disclosure to the Board of Attorneys Professional Responsibility); Private Reprimand of Terrence Woods, 1996-1 (failure to confer with a client about case settlement; failure to keep the client reasonably informed; and failure to return the client's property); and Public Reprimand of Terrence Woods, 1993-2 (failure to provide [328]*328competent representation; failure to act with reasonable diligence; failure to keep the client reasonably informed; and failure to take reasonable steps to protect the client's interests upon the termination of representation).

¶ 6. In the instant proceedings, the referee found VS. was served with a summons and complaint on May 24, 2008. Attorney Woods had represented VS. previously and they had an ongoing attorney-client relationship. By at least June 12, 2008, Attorney Woods had agreed to represent VS. in the lawsuit and had met with him to discuss the case. However, Attorney Woods failed to file a timely answer to the complaint and did not timely seek an extension from the court or opposing counsel.

¶ 7. Opposing counsel declined to agree to an extension and sought a default judgment against VS. On June 26, 2008, Attorney Woods filed a notice of retainer, answer, affirmative defenses, and counterclaim with the circuit court clerk.

¶ 8. At the July 22, 2008, hearing on plaintiffs motion for default judgment, Attorney Woods appeared on behalf of VS. and misrepresented to the court that VS. had hired him on or about June 18, 2008, after the deadline for filing an answer had passed. On July 23, 2008, the court issued a default judgment against VS. and his wife in the amount of $10,124.47.

¶ 9. Following the entry of a default judgment, Attorney Woods took no further action on behalf of VS. Ultimately VS. retained new counsel.

¶ 10. Meanwhile, on June 27, 2008, VS. had been charged with two traffic violations and hired Attorney Woods to represent him. The circuit court scheduled trial on both traffic cases for August 11, 2008. VS. did not receive a copy of the hearing notice and Attorney Woods did not advise VS. of the hearing date.

[329]*329¶ 11. On July 8, 2008, this court issued a decision suspending Attorney Woods' law license for 90 days, effective August 11, 2008. See Woods, 311 Wis. 2d 213. Attorney Woods prepared a letter informing his clients he was subject to discipline and suspended from the practice of law for 90 days. He advised his clients to seek other legal counsel. Although the letter was dated August 6, 2008, it was not mailed until August 11, 2008.1

¶ 12. Attorney Woods called VS. the morning of August 11, 2008, regarding the hearing in the two traffic cases. VS. said he could not possibly make the hearing on such short notice and had other commitments. Attorney Woods indicated he would request a continuance. Attorney Woods thereafter called the circuit court and faxed a letter to the court indicating he was subject to discipline and requesting the matter be postponed for one month.

¶ 13. Neither Attorney Woods nor VS. appeared at the August 11, 2008, trial. The circuit court declined to continue the matter and issued a default judgment against VS. in both traffic cases. On August 12, 2008, VS.

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Cite This Page — Counsel Stack

Bluebook (online)
2011 WI 46, 800 N.W.2d 875, 334 Wis. 2d 324, Counsel Stack Legal Research, https://law.counselstack.com/opinion/office-of-lawyer-regulation-v-woods-wis-2011.