Sign In
    Wisconsin Lawyer
    August 01, 2001

    Wisconsin Lawyer August 2001: Lawyer Discipline

    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 Proceeding against Andrew L. Hunsick

    On June 12, 2001, the Wisconsin Supreme Court suspended the law license of Andrew L. Hunsick, 49, Milwaukee, for two years. In addition, the court ordered Hunsick to pay the costs of the disciplinary proceedings. The suspension was based upon Hunsick's misconduct while employed as an assistant corporation counsel for Milwaukee County.

    In 1992 the county took title to certain private property pursuant to a tax lien foreclosure. The owners subsequently entered into a memorandum of understanding with the county, represented by Hunsick, under which they would make periodic payments over the following year in order to have the title to the property returned to them. Hunsick set up an account at a local bank to receive these payments. However, the owners did not make all payments as required and did not receive title to the property.

    In early 2000, the owners again approached the county regarding the delinquent payments. The county determined that there was a discrepancy between what was, and what should have been, in the bank account from the earlier failed attempt to redeem the property. It appeared that $5,000 was missing. Further investigation, including questioning of Hunsick, revealed that he had personally withdrawn these funds for his own purposes because he was having financial difficulties, although he had subsequently repaid the account $2,000, leaving $3,000 still outstanding.

    In May 2000, Hunsick did repay the county the shortfall plus interest, a total of $3,300. However, shortly thereafter he was charged with one count of misconduct in public office in violation of Wis. Stat. section 946.12(2), a Class E felony. On Sept. 28, 2000, he pled guilty to this offense and subsequently was convicted. On Oct. 23, 2000, sentence was withheld, with Hunsick placed on probation for 18 months and required to perform 500 hours of community service.

    The court found that Hunsick committed a criminal act that reflects adversely on his honesty, trustworthiness, or fitness as a lawyer in other respects, in violation of SCR 20:8.4(b).


    Disciplinary Proceeding against Perry P. Lieuallen

    On June 1, 2001, the Wisconsin Supreme Court revoked the law license of Perry P. Lieuallen, Port Washington, commencing the date of the order. Lieuallen's license had been suspended since Feb. 22, 2001, pending the outcome of the disciplinary proceeding. Lieuallen had no prior discipline.

    Lieuallen did not answer the Office of Lawyer Regulation's (OLR) complaint. The allegations in the complaint were deemed true, and a default judgment was entered. The complaint was based upon Lieuallen's misconduct in two client matters and an audit of his trust account, which revealed a pattern of mismanagement and conversion of client funds over an extended period.

    In the first client matter, Lieuallen represented a man in a divorce. Upon the sale of the client's home, Lieuallen deposited the proceeds of $29,727.45 into his trust account, pursuant to a court order that the funds be held pending further order of the court. Lieuallen immediately withdrew $10,000 from the trust account for fees despite the court's order. He ultimately paid himself a total of $24,500 out of those funds, allegedly for fees earned in the representation. In doing so, Lieuallen failed to conform to a standard of conduct established by the court in Disciplinary Proceeding Against Marine, 82 Wis. 2d 602, 609-10 (1978), regarding the removal of funds in trust for fees, and, thereby, violated SCR 20:8.4(f).

    In addition, several withdrawals that Lieuallen identified as disbursements of the client's funds occurred after the client's funds had been completely dissipated, in violation of SCR 20:1.15(a) and SCR 20:8.4(c). Finally, Lieuallen violated SCR 20:1.4(a) in the matter by failing to inform the client of a court ruling regarding the division of other personal property. As a result, the client missed a deadline for retrieving property held by his wife.

    The second client matter also involved a divorce. Early in the representation, Lieuallen received funds on the client's behalf, which he deposited in his trust account. Lieuallen converted those funds to his own use or that of other clients, in violation of SCR 20:1.15(a) and SCR 20:8.4(c). Lieuallen also received a Wisconsin tax refund check endorsed by his client and allowed that check to remain, uncashed, in his file for an estimated two years. The deadline for negotiating the check expired a year and a half before Lieuallen produced it from his file. His conduct constituted a failure to safeguard client property, in violation of SCR 20:1.15(a). Further, Lieuallen gave no written notice to his client of his receipt of any of the funds, and did not promptly deliver the funds to the client, in violation of SCR 20:1.15(b). Lieuallen failed to act with reasonable diligence and promptness in the matter, in violation of SCR 20:1.3, by failing to draft an order, as directed by the court, and by failing to object to the divorce findings that had been drafted by opposing counsel, which his client believed were incorrect.

    Finally, an audit of Lieuallen's two trust accounts revealed multiple trust account violations involving his handling of funds belonging to 23 clients and third persons, including repeatedly failing to hold the funds of clients in trust, repeatedly disbursing funds belonging to individual clients to one or more other clients, and repeatedly disbursing to himself or his firm funds that appeared to be in excess of the fee to which he was entitled, all in violation of SCR 20:1.15(a) and SCR 20:8.4(c).

    In addition, Lieuallen failed to maintain the trust account records required by SCR 20:1.15(e), including a receipts journal, a disbursements journal, individual client ledgers, and a monthly schedule of the client ledgers reflecting the monthly balance for each client. Furthermore, for at least four fiscal years, Lieuallen filed false certifications with the State Bar of Wisconsin, in violation of SCR 20:1.15(g), by indicating on his dues statements that he was maintaining the trust account records required by SCR 20:1.15(e).

    The court ordered Lieuallen to pay the costs of the disciplinary proceeding and restitution in the amount of $60,843.29.


Join the conversation! Log in to comment.

News & Pubs Search

-
Format: MM/DD/YYYY