Disciplinary case against Eau Claire attorney may be dropped, withdrawn

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The disciplinary case of an Eau Claire attorney charged with failing to respond to a State Bar request for arbitration in a dispute with a client may end with a recommendation that the case be dismissed or withdrawn.

The case stems from an Office of Lawyer Regulation complaint filed in April 2015 alleging that a client had paid Michael Rajek $2,500 when she hired him to defend her against a charge of operating a vehicle with a controlled substance.

After the client was found guilty by a jury, Rajek withdrew from the case and billed her $8,250, according to the complaint. The client disputed the bill, claiming she had already paid him. Rajek wrote her a letter saying he had set up an appointment with a specialist in alternative dispute resolutions. The client reached out to the bar’s fee-arbitration program. Yet, when bar staff members reached out to Rajek, he never responded, according to the complaint.

The OLR asked the Wisconsin Supreme Court to suspend Rajek’s license for 60 days.

However, the disciplinary proceeding has been put on hold as a result of a Wisconsin Supreme Court ruling from February 2015 finding that Rajek had committed six counts of misconduct alleged in a complaint the OLR had filed against him in 2011. However, the justices declined to publicly reprimand him as recommended by the OLR, finding that the violations were “relatively minor failures of communication,” according to the decision.

According to court documents, the OLR filed the complaint in this case based on the assumption that the court would respond to the charges from 2011 by disciplining Rajek. After receiving the justices’ decision, the OLR reconsidered its position.

Rajek and the OLR reached a stipulation in September of last year in which Rajek agreed to submit the fee dispute with the client to the State Bar’s arbitration program. They also agreed that the disciplinary proceeding would be suspended until arbitration proceedings are complete.

According to the stipulation, once the OLR informs the referee that the arbitration has been completed, the referee will file a recommendation to either dismiss or withdraw the complaint. That document is due Feb. 22, according to court records. Follow @erikastrebel