Vol. 75, No. 4, April
2002
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 Thomas J.
Baehr
On Feb. 26, 2002, the Wisconsin Supreme Court ordered a six-month
suspension of the law license of Thomas J. Baehr, 49, Stevens Point,
effective April 2, 2002. The court further ordered Baehr to pay the
costs of the disciplinary proceeding and to make restitution in the
amount of $500 to a client.
The discipline imposed stemmed from misconduct in three separate
client matters. In the first matter, a couple hired Baehr in the spring
of 1999 for bankruptcy representation. In May 2000 Baehr failed to
respond to multiple telephone messages from the clients, who
specifically requested Baehr's assistance in reaffirmation of a
mortgage. Baehr likewise failed to respond to a June 2000 certified
letter from the couple, for which Baehr personally signed. The couple
hired successor counsel, incurring additional legal expenses they would
not have been charged had Baehr seen their matter through to completion.
By failing to respond to the couple's telephonic and written inquiries,
Baehr violated SCR 20:1.4(a).
In the second matter, Baehr represented the defendant in a small
claims action in which the client's ex-wife alleged that her wages were
being garnished to satisfy a judgment for which Baehr's client was
responsible under the terms of the parties' divorce. Subsequent to the
termination of his representation in the matter, Baehr failed to forward
to the client notice of a March 21, 2000, trial and a notice of entry of
default judgment against the client, which had been sent to Baehr. The
client learned of the entry of a judgment against him when his own wages
were garnished. Baehr's conduct violated SCR 20:1.16(d), which requires
an attorney, upon termination of representation, to take steps to the
extent reasonably practicable to protect a client's interests.
In the third matter, Baehr agreed on Dec. 10, 1999, to represent a
man charged with second offense operating a motor vehicle after
revocation or suspension. The client had failed to appear at his Dec. 7,
1999, initial appearance, causing the court to issue a bench warrant for
the client's arrest. The client mailed a $500 check to Baehr as a
retainer, and Baehr cashed the check. Baehr was to contact the district
attorney's office and to make a court appearance for the client. Baehr
agreed to notify the client by mail as to the outcome of his efforts.
Baehr, however, took no steps to advance the client's interests, and the
client was arrested and jailed in July 2000 on the outstanding bench
warrant. The case against the client ultimately was resolved without
Baehr's involvement, pursuant to a plea agreement. By failing to take
any action in the matter, Baehr violated SCR 20:1.3, which requires
reasonably diligent and prompt representation. Baehr violated SCR
20:1.16(d) by failing to return the unearned retainer. Under the court's
order of discipline, Baehr is to make restitution in the amount of $500
to the former client.
In each of the three matters, Baehr failed to respond to written
inquiries from the Office of Lawyer Regulation. Baehr also failed to
respond to an OLR notice to appear. By failing to cooperate with OLR's
grievance investigations, Baehr violated SCR 21.15(4), 22.001(9)(b), and
22.03(6).
Baehr previously was disciplined by the supreme court, receiving a
90-day license suspension in 2000. In addition, Baehr's license was
suspended temporarily on Feb. 22, 2001, after he failed to respond to a
supreme court order to show cause for his noncooperation in the matters
leading to the present disciplinary action.
Disciplinary Proceedings against Mark
R. Prichard
On Feb. 26, 2002, the Wisconsin Supreme Court revoked the law license
of Mark R. Prichard, effective the date of the order. The court entered
the order upon consideration of the Petition for Consensual License
Revocation filed pursuant to SCR 22.19 by Prichard, in which he
acknowledged that he could not successfully defend against 77 counts of
misconduct in 20 separate client matters as alleged against him in a
disciplinary complaint prepared by the OLR.
Prichard's law license had been suspended temporarily by the
Wisconsin Supreme Court since June 26, 2000.
Wisconsin Lawyer
