Professional Responsibility — suspension

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Wisconsin Supreme Court

Civil

Professional Responsibility — suspension

Where attorney John R. Maynard failed to disclose his suspension to his clients and continued to practice law, an additional one-year suspension is appropriate.

“Having carefully considered this matter, we approve the stipulation and adopt the stipulated facts and legal conclusions of professional misconduct.  We also agree that a one-year suspension of Attorney Maynard’s license to practice law in Wisconsin is appropriate.  We note that in In re Disciplinary Proceedings Against Hahnfeld, 2012 WI 17, 338 Wis.2d 740, 809 N.W.2d 382, an attorney’s license was suspended for one year for six counts of misconduct relating to his continued representation of a client while suspended, his failure to disclose his suspension to the client or the OLR, and his failure to cooperate with the OLR; and three counts related to the attorney’s failure to hold in trust that client’s fees and refusal to refund fees when he was terminated by the client.  Attorney Hahnfeld had two prior public reprimands and a 60-day license suspension, a more extensive disciplinary history than does Attorney Maynard.  In addition, a component of Attorney Hahnfeld’s misconduct involved client fees, whereas Attorney Maynard’s misconduct did not involve any fee issues.  On the other hand, Attorney Hahnfeld’s conduct did not include making false representations to a court or filing a frivolous lawsuit, and Attorney Hahnfeld’s case related to only one client whereas Attorney Maynard represented multiple clients while his license was suspended.  On balance, however, the misconduct at issue in Hahnfeld and the misconduct at issue in this matter are somewhat similar, leading to the conclusion that a one-year suspension of Attorney Maynard’s license is an appropriate sanction.”

2013AP2362-D OLR v. Maynard

Per Curiam.

Attorneys: For Complainant: Weigel, William J., Madison; Price, Matthew J., Milwaukee; For Respondent: Maynard, John R., Milwaukee