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Vol. 73, No. 8, August 2000 |
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Lynts' license was revoked by the Wisconsin Supreme Court,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.
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