Ex-attorney faces former employer, ex-fiancé in bid for reinstatement

Listen to this article

Columbia University Law School graduate James Schoenecker used to spend his days litigating cases.

For the last four years, though, the former lawyer from Elm Grove has been shoveling snow and doing landscaping for a New Berlin contractor. He recently was promoted to foreman, making $20 an hour.

Now, Schoenecker wants to go back to his former profession.

At a hearing Tuesday in Milwaukee before the referee James Mohr, Schoenecker was the subject of testimony from an ex-fiance, a former business partner and his former employer, all of whom spoke in opposition to his attempt to get his Wisconsin law license back after it had been suspended.

The Wisconsin Supreme Court in 2016 suspended Schoenecker’s license for a year over misconduct stemming from his involvement in the West Allis-based company GameMaster, which he had taken over with friends. Schoenecker was found to have charged about $150,000 in personal expenses and non-business expenses to the company’s business credit card without first getting the approval of his business partners. Most of those expenses came from time he had spent at the Potawotami Hotel & Casino in Milwaukee.

The court also suspended him for three years in 2011 for misconduct such as stealing money from his former fiancé, submitting false documents in his own bankruptcy case and setting up his own law firm without telling the firm he was already working for: Delavan-based Clair Law Offices.

Schoenecker said the time he’s had away from the legal profession has helped him better understand what’s expected of lawyers. Should the justices reinstate his license, he said, would like to use his return to the profession to do good, possibly by working for the State Public Defender.

“I saw how much good I could do with my law degree when I didn’t have it,” he said. “And as much as I do now — I am a landscaper and shovel snow in the winters — I know I could do more in the community and help it in more ways with a law degree than without one.”

Schoenecker testified Tuesday that the underlying cause of his misconduct was his gambling addiction. He said he now regularly attends sessions with a psychologist, has joined gamblers anonymous and has entered into an agreement with Potawotami Casino banning him from the premises.

“Everything that I’ve done … it’s out there, and that’s what people think of me now,” Schoenecker said. “I want to be able to show the world that I’m not that same person.”

Schoenecker’s show of remorse was apparently not enough for several people who were affected by his misconduct, including his former boss, Edward Thompson of Clair Law Offices.

“I have concerns that he’s breaching the trust of the people he’s closest to,” said Thompson. “So I have a concern about whether he’d do that with clients.”

Asked whether Schoenecker has the character and fitness to be a practicing member of the bar, Thompson said he didn’t know.

“He certainly didn’t back then,” he said. “I wouldn’t hire him again. … Based upon what I know, I don’t think I can trust his word.”

Thomas Hagan, one of Schoenecker’s former business partners, also testified Tuesday in opposition to his reinstatement.

Not everyone at the hearing was opposed to seeing Schoenecker practice law again. His sister, father and long-time friend Jason Vinluan all testified in favor of his reinstatement.

William Schoenecker, a retired real estate appraiser, said he believes his son has changed since he got help for his gambling addiction and started working in landscaping.  William Schoenecker also noted that his son, who graduated in 2004 from Columbia University’s prestigious law school, could do more good by putting his law degree to use.

“He’s happy, he’s content but he’s sitting on a lawn tractor,” said William Schoenecker. “He can do some good if you can give him a chance.”

But Schoenecker’s ex-fiance Mikelle Flanner testified that a second chance would put the public at risk. Schoenecker had represented Flanner in a dispute with a contractor, sent her fraudulent bills and stole thousands from her bank accounts. He was later charged with misdemeanor theft and two counts of felony identity theft in two criminal lawsuits.

“I’m scared for the public if he keeps his law license,” Flanner said. “He’s an opportunist. … He’s taken advantage of his next of kin, his fiancé, his two best friends.”

Schoenecker broke down in tears Tuesday afternoon after taking the witness stand a second time to rebut the testimony of Flanner and others. Schoenecker took special exception to the idea that he was not remorseful for what he had done.

“How can I prove it to anyone unless I’m given an opportunity?” he said. “Yes, I’m extremely sorry about what I did. I’m embarrassed. I did some awful things. But I have to move on in my life, and that’s what I’m trying to do. I’m doing the best I can.”

In attempting to get back his license, Schoenecker is being represented by Richard Cayo and Stacie Rosenzweig of Milwaukee-based Halling & Cayo. The OLR is represented by its litigation attorney, Julie Spoke. Mohr will issue a recommendation, and the Wisconsin Supreme Court will make a final decision on whether to reinstate Schoenecker’s license. Follow @erikastrebel