Attorney Professional Misconduct-Attorney-Client Relationship 

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WI Court of Supreme Court

Case Name: Office of Lawyer Regulation v. Roger G. Merry

Case No.: 2022AP000035-D

Officials:

Focus: Attorney Professional Misconduct-Attorney-Client Relationship

The Supreme Court revoked of Merry’s law license after determining that he committed serious professional misconduct by using confidential information from a former client, M.S., to publish a book without her consent. This action followed a series of previous disciplinary actions against Merry, dating back to 1990, which included multiple reprimands for various violations such as conflicts of interest and misrepresentations.

The disciplinary proceedings were initiated by the Office of Lawyer Regulation (OLR), which accused Merry of breaching confidentiality rules set by Supreme Court Rule (SCR) 20:1.9(c). This rule prohibits lawyers from using or revealing information related to the representation of a former client that could disadvantage the client unless it has become generally known. The referee, after an evidentiary hearing, concluded that Merry violated this rule by planning to publish a book about his former client’s case, which included confidential and sensitive information, without her consent. The information used was not widely known, and his actions caused psychological harm to M.S.

The referee initially recommended a one-year suspension, but the Supreme Court, considering Merry’s history of misconduct and the egregiousness of the current violations, decided that revocation of his license was more appropriate. The decision emphasized that Merry’s actions severely breached the trust essential to the attorney-client relationship and undermined public confidence in the legal profession. The court also ordered Merry to pay the full costs of the disciplinary proceedings, amounting to $16,853.92.

Decided 04/24/24

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