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Lynts' license was revoked by the Wisconsin Supreme Court, effective Feb. 24, 1995.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:

1. he desires to have his license reinstated;
2. he has not practiced law during the suspension;
3. he has complied with the terms of the suspension;
4. he has maintained competence and learning in law;
5. his conduct since the discipline 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 the standards;
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 aid in the administration of justice as a member of the bar and an officer of the court;
8. 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;
9. he has indicated the proposed use of the license after reinstatement; and
10. 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