01-1338; In the Matter of Disciplinary Proceedings Against James H. Dumke, Attorney at Law

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“The OLR complaint against Attorney Dumke alleged, and the referee so found, that after undertaking to represent a client in a specialized area of law with which he was unfamiliar and inexperienced, Attorney Dumke had failed to gain the requisite knowledge, do the necessary preparation, or seek appropriate assistance to enable him to provide adequate representation in the matter. Accordingly, the referee concluded that Attorney Dumke had failed to provide competent representation to a client in violation of SCR 20:1.1….

“Mr. Dumke’s failure to adequately represent his client [Robert P.], resulted in [Robert P.’s] confinement in a secure mental health facility for an additional three years. The deprivation of a person’s freedom because of a lawyer’s incompetence shocks the conscience and brings public condemnation on the legal profession. Such an attorney’s behavior goes beyond failing to return phone calls or act with reasonable diligence in representing a client – actions which have led to [Attorney Dumke’s] prior one-year suspensions. The referee does not believe that another one-year suspension will have any effect on Mr. Dumke’s willingness to abide by the rules set forth in SCR Chapter 20.

“In addition to recommending a two-year suspension, the referee recommended that Attorney Dumke be required to pay the costs of these proceedings which total $1151.68.”

Accordingly, we accept the referee’s recommendation of a two-year license suspension and costs.

01-1338; In the Matter of Disciplinary Proceedings Against James H. Dumke, Attorney at Law

Office of Lawyer Regulation; Per Curiam