Professional 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 Room 102, 611 N.
Broadway, Milwaukee, WI 53202.
Public reprimand of James F. Pressentin
James F. Pressentin, Green Bay, represented a client in a Minnesota
divorce action. Pressentin failed to appear at a pretrial telephone
conference. The court deducted $275 from the client's final divorce
judgment because of Pressentin's failure to appear.
Pressentin's file contained a copy of this judgment date-stamped as
having been received in 1991, immediately after it was issued.
Pressentin told his client, however, that the court had never issued the
judgment. It was not until 1995 that the client obtained a copy of the
final judgment and learned that she had lost $275 because of
Pressentin's failure to appear. When the client filed a grievance,
Pressentin misrepresented to the Board of Attorneys Professional
Responsibility (BAPR) that he attended the pretrial conference and had
not received a copy of the judgment.
BAPR found that Pressentin failed to act with reasonable diligence
and promptness, contrary to SCR 20:1.3; failed to keep his client
reasonably informed about the status of the matter, contrary to SCR
20:1.4(a); engaged in conduct involving misrepresentation, contrary to
SCR 20:8.4(c), and made misrepresentations in a disclosure to BAPR,
contrary to SCR 22.07(2). Pressentin previously received a private
reprimand in 1996 for lack of diligence, failure to communicate with a
client and failure to promptly deliver trust funds belonging to a
client.
Petition to reinstate Gregory K. Scott
A hearing on the petition of Gregory K. Scott for reinstatement of
his law license will be held before the District 7 Professional
Responsibility Committee on Wednesday, Dec. 3, 1997, at 9:30 a.m. in the
Bobert Room of the Adams County Library, 101 S. Main St., Adams, Wis.
Scott's license was revoked by the Wisconsin Supreme Court on July 28,
1986, following his conviction for perjury on April 17, 1986, in Dodge
County circuit court.
Scott is required by SCR 22.28 to show that: 1) he desires to have
his license reinstated; 2) he has not practiced law during the
revocation; 3) he has complied fully with the terms of the order and
will continue to comply with them until his license is reinstated; 4) he
has maintained competence and learning in the law; 5) his conduct since
the revocation has been exemplary and above reproach; 6) 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 them; 7) 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 to aid
in the administration of justice as a member of the bar and as an
officer of the courts; 8) he has fully complied with the requirements of
SCR 22.26; 9) he indicates the proposed use of his license, if
reinstated; 10) he has fully described all business activities during
the revocation; and 11) he has made restitution or settled all claims
from persons injured or harmed by his misconduct or, if the restitution
is not complete, his explanation of his failure or inability to do
so.
Scott is required to demonstrate by clear and convincing evidence
possession of the moral character to practice law in this state and to
demonstrate that his resumption of the practice of law within this state
will not be detrimental to the integrity and standing of the bar or the
administration of justice, or subversive of the public interest.
Any interested person may appear at the hearing and be heard in
support of or in opposition to the petition for reinstatement. Further
information may be obtained from Melody Rader-Johnson, Investigator,
Board of Attorneys Professional Responsibility, 110 E. Main St., Room
410, Madison, WI 53703-3383; (608) 267-7274.
Wisconsin Lawyer
