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Wauwatosa lawyer responds to misconduct allegations, gets attorney

By: Erika Strebel, [email protected]//November 6, 2018//

Wauwatosa lawyer responds to misconduct allegations, gets attorney

By: Erika Strebel, [email protected]//November 6, 2018//

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A Wauwatosa lawyer who faces a year-long suspension is admitting to taking money from his firm and committing professional misconduct.

The Office of Lawyer Regulation filed a complaint in September against Robert Moodie, a partner at the Wauwatosa-based firm Judge, Lang & Katers, alleging that he had broken two attorney-ethics rules while he was a senior partner at his former firm, the Waukesha-based Hippenmeyer, Reilly, Moodie & Blum.

While Moodie was in the hospital being treated for a heart attack, lawyers at that firm discovered that he had collected money from clients but deposited it into his personal bank account instead of the firm’s account

In all, the OLR estimates that Moodie converted at least $8,665 worth of fees belonging to his firm. It is now asking the Wisconsin Supreme Court to suspend Moodie’s law license for a year.

Moodie, represented by Terry Johnson of the Milwaukee-based firm von Briesen & Roper, responded to the charges in an answer filed on Oct. 24.

He admitted to the OLR’s allegation that he had engaged in conduct involving dishonesty, fraud, deceit and misrepresentation by converting fees belonging to the firm.

Moodie also admitted that by failing to report to his law firm the fees he had received and misrepresenting write-offs of billable time to his firm, he breached the fiduciary duty he owed to his former firm and his duty of honesty in his professional dealings with his former firm.

In addition to admitting to those rule violations, Moodie also admitted that the facts stated in the OLR’s complaint were true. However, he noted that his conversions of clients’ money did not harm any clients.

Moodie also noted that although it was true that on Nov. 29, 2016, he redeemed his ownership stake in Hippenmeyer, Reilly, Moodie & Blum and ended his relationship with the firm and his employment there, both he and the firm agreed to dismiss any claims and release each other from liability related to the matters in question in the disciplinary case.

The Wisconsin Supreme Court appointed Jim Mohr  on Oct. 29 to be the referee who will preside over Moodie’s case. Mohr will oversee discovery proceedings and preside over an evidentiary hearing, then issue a report containing, among other things, recommendations for what discipline the high court ought to impose.

The justices will review Mohr’s findings and issue a final decision in the matter.

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