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Revocation decision details former DA’s history of misdeeds

By: Eric Heisig//June 19, 2014//

Revocation decision details former DA’s history of misdeeds

By: Eric Heisig//June 19, 2014//

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A former Outagamie County district attorney accused of taking client money and “essentially disappearing into the night” had his law license revoked Thursday.

William Grogan’s revocation came at the end of an investigation and case that lasted more than three years and indicated the attorney engaged in conduct that harmed many of his clients. The referee in his case wrote that Grogan’s actions during the proceedings “destroyed any remaining credibility he possessed,” according to the Wisconsin Supreme Court’s opinion.

The investigation and the 33 misconduct charges he was found in violation of spanned eight clients. According to the opinion, Grogan willfully procrastinated in three cases, mixed client money with his own, did not disburse money to a third party as he said he would and refused to refund money to a client after the client terminated representation.

He also practiced law while his license was suspended and did not comply with an order from Chief U.S. Eastern District Bankruptcy Judge Margaret McGarity to turn over $7,500 worth of client money, according to court filings.

In addition to revoking his license, the court, in its per curiam opinion, ordered Grogan to pay $10,460 in restitution to clients and the State Bar’s Wisconsin Lawyer’s Fund for Client Protection. Justice David Prosser did not participate in the opinion.

According to the court’s opinion, “We determine that the seriousness of Attorney Grogan’s misconduct demonstrates that his law license must be revoked to protect the public, courts, and legal system from the repetition of the misconduct to impress upon Attorney Grogan the seriousness of his misconduct; and to deter other attorneys from engaging in similar misconduct.”

Grogan was appointed Outagamie County DA by Gov. Anthony Earl in 1984. He served until 1990. After leaving, his practice included criminal and civil work.

His license has been continuously suspended since March 2011, either for not following reinstatement orders, failure to cooperate with an Office of Lawyer Regulation investigation or not keeping up with his continuing legal education requirements.

He could not be immediately reached for comment Thursday.

In the opinion, the justices wrote that referee Robert Kinney, in his report, commented that “[w]e now have the spectacle of a suspended attorney, a former district attorney, no less, meeting clients at Burger King, taking their money, and essentially disappearing into the night.

“The damage done to the profession is truly incalculable.”

Kinney also commented that Grogan “grossly mistreated” his clients, many of whom were financially challenged or otherwise vulnerable.

According to the court’s opinion, “The referee also commented that Attorney Grogan’s noncooperation with the disciplinary process rose ‘to a level never before seen by this referee. [Attorney Grogan] has made engaging in basic communication with him a monumental struggle. The jobs of OLR investigators, court clerks, and even this referee were needlessly magnified by his avoidance behavior.’”

Grogan was publicly reprimanded in 2007 for failing to timely file and withholding income tax returns, and failing to respond to an OLR inquiry in a timely manner. His license also was suspended for 60 days in 2011 for trust account violations and not cooperating with an OLR investigation.

Court records also detail several monetary disputes, one of which landed Grogan in jail for six months when he did not pay child support.

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