99-2862-D In the Matter of Disciplinary Proceedings Against Donald J. Harman

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The remaining five misconduct counts involved attorney Harman’s conflict of interest in representing another client. The referee determined that Harman had represented the client in the presence of a conflict of interest without obtaining written consent of the client on conflict; revealed information relating to representation of a client without consent; knowingly disobeyed an obligation under the rules of a tribunal; and on two separate occasions, used information obtained during the representation of a former client to that former client’s disadvantage.

We adopt the referee’s findings of fact and conclusions of law with respect to all eight counts of misconduct as alleged in the Board’s complaint. In so doing, we reject attorney Harman’s arguments, including his motion to dismiss the complaint in this disciplinary action on the ground of the referee’s alleged conflict of interest and failure to recuse herself as provided in SCR 60.04(4) and (6). We hold that attorney Harman has waived any objection to the referee’s participation in this matter; accordingly, we now deny his motion to dismiss the underlying complaint in this disciplinary matter which has been held in abeyance pending this court’s consideration of this appeal.

This is the fourth time attorney Harman has been disciplined for professional misconduct. We agree with the referee’s observation that attorney Harman’s pattern of conduct demonstrates a disregard of the legal system and his willingness to ignore established procedures for dispute resolution in favor of his perceived personal expediency. The seriousness of attorney Harman’s professional misconduct warrants the suspension of his license to practice law in this state for six months.

Attorneys:

For Appellant: Donald J. Harman, pro se

For Respondent: William J. Weigel, Madison