Lawyer Disciplinary Proceedings

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WI Supreme Court

Case Name: Office of Lawyer Regulation v. Robert J. Baratki

Case No.: 2017 WI 89

Focus: Lawyer Disciplinary Proceedings

We review Referee James J. Winiarski’s recommendation that the court declare Attorney Robert J. Baratki in default and suspend his Wisconsin law license for a period of 60 days for his misconduct in two client matters, his appearance in numerous client matters while his license to practice law was suspended, and his non-cooperation with the Office of Lawyer Regulation’s (OLR) investigation into his conduct. The referee also recommended that Attorney Baratki be required to make restitution to a former client in the amount of $487.50, and to pay the full costs of this proceeding, which total $1,428.93 as of June 13, 2017.

Because no appeal has been filed, we review the referee’s report pursuant to Supreme Court Rule (SCR) 22.17(2). After conducting our independent review of the matter, we agree with the referee that, based on Attorney Baratki’s failure to answer the complaint filed by the OLR, the OLR is entitled to a default judgment. However, we disagree with the referee that Attorney Baratki’s professional misconduct warrants only a 60- day suspension. We conclude, instead, that a six-month suspension is warranted. We agree with the referee that Attorney Baratki should be ordered to pay the full costs of the proceeding, as well $487.50 in restitution.

Ordered

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.