Professional Responsibility – public reprimand

Wisconsin Supreme Court

Civil

Professional Responsibility – public reprimand

Where attorney Victor M. Arellano solicited a client, and failed to cooperate with OLR, a public reprimand is appropriate.

“The referee then considered the appropriate discipline after receiving the parties’ briefs on the issue of sanctions. The OLR had requested a public reprimand. Attorney Arellano maintained that a private reprimand is sufficient and seeks a significant, if not a total reduction in costs. The referee filed a report on July 16, 2012, entitled ‘Recommendation as to Appropriate Discipline.’ The referee said that taken alone, the violation of Count Eight would merit a private reprimand, and the violation of Count Nine would clearly merit a public reprimand. The referee recommended that when taken together, and considering the ABA Standards for Imposing Lawyer Sanctions, a public reprimand was appropriate.”

“As to the appropriate sanction, Wisconsin adheres to a system of progressive discipline. See In re Disciplinary Proceedings Against Converse, 2006 WI 4, ¶37, 287 Wis. 2d 72, 707 N.W.2d 530. Attorney Arellano has been the subject of a prior private reprimand. We agree with the referee that a public reprimand is an appropriate sanction for Attorney Arellano’s misconduct.”

2011AP443-D OLR v. Arellano

Per Curiam.

Attorneys: For Complainant: Schwarzenbart, Paul W., Madison; Weigel, William J., Madison; For Respondent: Covelli, Claude J., Madison; Arellano, Victor, Middleton