State justices reprimand lawyer with history of misconduct

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The Wisconsin Supreme Court on Wednesday publicly reprimanded a Larsen lawyer with a history of professional misconduct.

Robert Smead, who began practicing law in the state in 1998, saw his law license suspended in 2010 for 120 days for misconduct in two separate disciplinary measures. A year later, he was publicly reprimanded for failing to tell a client that his license had been suspended, failing to give a client an account of fees, failing to refund an unearned portion of those fees after his license had been suspended and failing to give the Office of Lawyer Regulation a written response to a grievance investigation.

The OLR filed a complaint against Smead in July 2012 alleging seven counts of misconduct in his representation of a client. Smead was alleged to have failed to tell the client that his license had been suspended in October 2007 for willful noncooperation in three unrelated grievance investigations. Smead accepted a $2,000 advanced fee from that client, according to court records.

He admitted in July 2012 to the allegations in the complaint. The OLR asked that he be given a 60-day suspension and Smead requested a public reprimand.

A legal referee overseeing the case decided a public reprimand was appropriate, noting that Smead had accepted the case at a time when he was overworked, causing to him be exhausted and neglectful of his duties. The referee also noted that Smead became a registered nurse in 2010 and now seems to recognize his behavior fell below the standards of his profession.

The referee said Smead’s law license is now in good standing, allowing him to work pro bono or for reduced fees at the Winnebago County Free Legal Clinic.

“Smead has been extremely cooperative in handling this case,” the referee wrote, “and he has demonstrated a more than adequate understanding of his past mistakes. He appears sincerely sorry for what he did to his clients.”

Smead did not immediately return calls requesting comment.