Referee slams ex-Stoughton lawyer, recommends revocation

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A referee is recommending that a former Dane County lawyer who now runs a construction company be indefinitely suspended from practicing law.

The recommendation stems from a complaint filed by the Office of Lawyer Regulation in 2014 charging James Hammis with 48 counts of misconduct involving his work with 10 clients in various cases, including some involving criminal appeals and divorce, from 2008 to 2012. The misconduct alleged included transferring thousands of dollars from his trust account to his personal bank account, lying to a judge, failing to file cases and ignoring his clients.

The OLR had asked the Wisconsin Supreme Court to revoke Hammis’ license and order him to pay $400 in restitution to one of his clients.

Last year, Hammis agreed to admit to certain facts and pleaded no contest to certain charges, and the OLR agreed to drop some charges. They reached another stipulation in January, in which the OLR agreed to dismiss nine charges, bringing the total down to 41 counts of misconduct.

However, the OLR and Hammis disagreed on what sort of discipline ought to be imposed. The OLR contended that a revocation was appropriate.

Hammis, on the other hand, contended that a year-long suspension should be imposed because the violations were minor. He noted, among other things, that he has stopped practicing law full time and runs a construction company, and helps friends and family with only minor legal matters. According to his LinkedIn profile, Hammis is president of Stoughton-based Value Construction Group. He is also listed as the firm’s registered agent.

The referee in the case, Lisa Goldman, wrote in her report, which was filed on Sept. 14, that she found those details questionable given that the court had suspended Hammis’ license in 2015 for 90 days and again in 2011 for four months.

“It is concerning to this referee that he believes assisting family and friends without compensation on a limited, sporadic basis, is better for those persons than having them hire competent counsel within the field of needed services who have no history of violations of Supreme Court Rules,” she wrote.

Goldman recommended that Hammis’ license be revoked, meaning he would be indefinitely banned from practicing law. After five years, he would be able to petition the court for reinstatement.

“Some attorneys violate the same rules Hammis has but show a genuine desire to correct their behavior, to learn new practices to prevent mishaps, and commit themselves to better communications with their clients,” Goldman wrote. “Hammis is not among them.”

Hammis may choose to appeal Goldman’s report. Goldman will also issue a recommendation concerning the costs and restitution imposed on Hammis. The Wisconsin Supreme Court will review Goldman’s recommendations and issue a final decision in the matter. Follow @erikastrebel