Vol. 77, No. 10, October
2004
Lawyer Discipline
The Office
of Lawyer Regulation (formerly known as the Board of Attorneys
Professional Responsibility), an agency of the Wisconsin Supreme Court
and component of the lawyer regulation system, assists the court in
carrying out its constitutional responsibility to supervise the practice
of law and protect the public from misconduct by persons practicing law
in Wisconsin. The Office of Lawyer Regulation has offices located at
Suite 315, 110 E. Main St., Madison, WI 53703, and Suite 300, 342 N.
Water St., Milwaukee, WI 53202. Toll-free telephone: (877) 315-6941.
Disciplinary Proceedings against Paul A.
Henningsen
On Aug. 24, 2004, the Wisconsin Supreme Court suspended the law
license of Paul A. Henningsen, Milwaukee, for two years, based on his
conviction for mail fraud. In June 2003, a federal court jury found
Henningsen guilty of four counts of mail fraud. The jury found that
Henningsen converted to his personal use approximately $30,000 in
campaign funds contributed to him while he was serving as an alderman
for the city of Milwaukee.
The supreme court approved an SCR 22.12 stipulation between
Henningsen and the Office of Lawyer Regulation (OLR), which specified
that Henningsen violated SCR 20:8.4(b) by committing a criminal act that
reflects adversely on his honesty, trustworthiness, or fitness as a
lawyer in other respects. Pursuant to the stipulation, the court made
the suspension retroactive to March 2, 2004, the date Henningsen's law
license was summarily suspended for the same misconduct.
Disciplinary Proceedings against Henningsen, 2004 WI 119.
Disciplinary Proceeding against Kate A.
Christnot
In a decision filed on Aug. 27, 2004, the Wisconsin Supreme Court
suspended the law license of Kate A. Christnot, Washington, D.C.,
formerly of Green Bay, for six months, retroactive to March 13, 2003,
the date on which her license had been temporarily suspended for failing
to cooperate with the OLR's investigation. Christnot also was ordered to
pay $699.75 restitution to one client and the costs of the proceeding to
the OLR. Disciplinary Proceedings against Christnot, 2004 WI
120.
The suspension arose from two grievances. In one matter, Christnot
represented a divorce client who was awarded a one-half interest in his
ex-wife's retirement plan. Christnot failed to prepare a QDRO for the
client, and she also failed to refund the unearned portion of the
retainer. Over a two-year period following the divorce, Christnot failed
to respond to the client's numerous attempts to communicate with her.
After the client filed a grievance, Christnot failed to respond to the
OLR's requests for information, and the court temporarily suspended her
license. The suspension continued as Christnot continued to be
nonresponsive to the OLR's requests for information.
In failing to timely prepare a QDRO, Christnot violated SCR 20:1.3;
in failing to respond to the client's contacts, Christnot violated SCR
20:1.4(a); in failing to refund the unearned portion of the retainer,
Christnot violated SCR 20:1.16(d); and in failing to cooperate with the
OLR, Christnot violated SCR 21.15(4), 22.03(2), and 22.04(1).
In an unrelated grievance, the court found that Christnot again
failed to cooperate with an OLR investigation, in violation of SCR
21.15(4), 22.03(2), and 22.04(1).
Disciplinary Proceeding against Larry
Rader
During the course of an attorney disciplinary proceeding filed in
February 2003 against Larry Rader, Wausau, Rader claimed a medical
incapacity that made his defense of the disciplinary proceeding
impossible. On June 11, 2004, the assigned referee filed a report and
recommendation advising the Wisconsin Supreme Court of his
determination, based on a stipulation and following a hearing in the
matter, that Rader is medically incapacitated. The court ordered Rader
to show cause why his license should not be suspended. Rader did not
respond, whereupon the court temporarily suspended Rader's law license,
effective Aug. 24, 2004. Pursuant to SCR 22.16(4), should Rader's law
license ever be reinstated, the underlying disciplinary action will
continue.
Summary Suspension of Milton D.
Schierland
By order dated Aug. 2, 2004, the Wisconsin Supreme Court summarily
suspended the law license of Milton D. Schierland, effective
immediately. The suspension was pursuant to SCR 22.20(1) and based on
Schierland's guilty plea to filing a false tax return in violation of 26
U.S.C. § 7206(1).
Disciplinary Proceedings against James A.
Maloney
On Sept. 1, 2004, the Wisconsin Supreme Court revoked the Wisconsin
law license of James A. Maloney. Disciplinary Proceedings against
Maloney, 2004 WI 122. Maloney had been admitted to practice law in
Wisconsin and in Illinois in 1992, and his office and home were in Loves
Park, Ill.
On July 6, 2004, the Illinois Supreme Court struck Maloney's name
from the Illinois Roll of Attorneys based on Maloney's disbarment by
consent. The Illinois disbarment resulted from misconduct involving the
conversion of approximately $39,000 in client funds; neglect of various
client matters, which included, in one instance, the submission to the
client of a fraudulent court order to conceal his inaction; failure to
refund $500 in unearned fees to a client; and a conflict of interest
with a client with whom he used cocaine and engaged in a sexual
relationship.
The Wisconsin revocation occurred when Maloney petitioned the
Wisconsin Supreme Court for the revocation of his Wisconsin law license
during a reciprocal discipline action initiated by the OLR, which also
included an allegation that Maloney violated SCR 22.22(1) by failing to
promptly notify the OLR of his Illinois disbarment.
Wisconsin
Lawyer
