Lawyer Discipline
The Board of Attorneys Professional
Responsibility, an arm of the Wisconsin Supreme Court, assists the court
in discharging its exclusive constitutional responsibility to supervise
the practice of law in this state and to protect the public from acts of
professional misconduct by attorneys licensed to practice in Wisconsin.
The board is composed of eight lawyers and four
nonlawyer members, and its offices are located at Room 410, 110 E. Main
St., Madison, WI 53703, and 342 N. Water St., 3rd Floor, Milwaukee, WI
53202.
Hearing to Reinstate Paul R. Lynts
A hearing on the petition of Paul R. Lynts, Milwaukee, for the
reinstatement of his law license will be held before the District 6
Professional Responsibility Committee on Oct. 3, 2000, at 1 p.m., at the
District II Court of Appeals, 2727 N. Grandview Blvd., Suite 300,
Waukesha, Wis. Any interested person may appear at the hearing and be
heard in support of, or in opposition to, the petition for
reinstatement.
Lynts' license was revoked by the Wisconsin Supreme Court, effective
Feb. 24, 1995. The revocation was based upon his mishandling of trust
funds on behalf of clients and third parties. In the early 1980s, Lynts
began to concentrate his law practice in representing mortgage companies
in real estate transactions. Lynts established an account in which he
deposited closing funds but failed to correctly identify the account as
a client trust account.
In the mid-1980s, Lynts ceased monthly reconciliation of the account
balance. From 1991 through 1994, there were 17 overdrafts on the
account. In 1994, when a check in excess of $150,000, payable to a home
builder, was returned due to insufficient funds, the client mortgage
company was required to make up a shortfall of $87,000. The client then
arranged for an audit of Lynts' account. The audit revealed a shortage
of $97,634.38, due primarily to payment of tax liens owed by Lynts and
levies by the Internal Revenue Service and Wisconsin Department of
Revenue. Lynts misrepresented to Board of Attorneys Professional
Responsibility staff that he was unaware of the tax levies. Lynts
voluntarily petitioned for the revocation of his license. The supreme
court granted the petition, finding that Lynts violated SCR
20:1.15(a) by failing to hold client funds in trust; 20:1.15
(e) by failing to keep required trust records; SCR
20:8.4(a) by knowingly violating the Rules through the acts of
another; and SCR 20:8.4
(c) by engaging in several acts of dishonesty, fraud, deceit, or
misrepresentation.
Lynts is required by Supreme Court
Rule 22.28 to establish by clear and convincing evidence, that:
- he desires to have his license reinstated;
- he has not practiced law during the suspension;
- he has complied with the terms of the suspension;
- he has maintained competence and learning in law;
- his conduct since the discipline has been exemplary and above
reproach;
- he has a proper understanding of and attitude toward the standards
that are imposed upon members of the bar and will act in conformity with
the standards;
- he can safely be recommended to the legal profession, the courts,
and the public as a person fit to be consulted by others and to
represent them and otherwise act in matters of trust and confidence, and
in general aid in the administration of justice as a member of the bar
and an officer of the court;
- he has made restitution or settled all claims from persons injured
or harmed by his misconduct, or in the event such restitution is not
complete, has explained the failure or inability to do so;
- he has indicated the proposed use of the license after
reinstatement; and
- he has fully described all business activities during the period of
revocation.
Further information may be obtained from Jeananne L. Danner, Deputy
Administrator, Board of Attorneys Professional Responsibility, 342 N.
Water Street, Suite 300, Milwaukee, WI 53202, (414) 227-4623.
Wisconsin Lawyer