In re Disciplinary Proceedings Against Swetz
In re Disciplinary Proceedings Against Swetz
Opinion of the Court
Attorney disciplinary proceeding; attorney publicly reprimanded.
On February 21, 1980, the Board of Attorneys Professional Responsibility filed a complaint alleging two counts of unprofessional conduct against Donald E. Swetz, an attorney licensed to practice law in Wisconsin in February of 1958, and who maintains his practice in Kaukauna. In the first count it is alleged that the
Subsequent to service of notice of entry of the default judgment, the client contacted the respondent, inquiring as to the status of the matter. At that time the respondent told the client that she need not worry about it and that he would take care of the matter. The client then retained new counsel, who filed a motion for relief from the default judgment. The motion was denied. The Board’s complaint in this disciplinary proceeding alleges that the respondent’s conduct in his representation of the client constituted gross neglect of a legal matter entrusted to him, in violation of SCR 20.32(3).
In the second count the complaint alleges that the respondent failed to respond to written inquiries from the district professional responsibility committee during its investigation of the alleged misconduct. It is alleged that this failure to cooperate with the investigation constituted a violation of SCR 22.07.
The court referred the matter to the Hon. James A. Martineau as referee pursuant to SCR 21.09. On Febru
The referee filed his report and recommendation with the court on June 28, 1981, in which he made findings of fact and conclusions of law consistent with the provisions of the stipulation. The referee found that the civil action against the respondent had been settled for $20,000 and that this sum had been paid by the respondent. The referee thus found that the client had been made whole and had not sustained pecuniary damages as a result of the respondent’s misconduct. The referee concluded that his representation constituted gross neglect of a legal matter entrusted to him, in violation of SCR 20.32(3), and that his failure to respond to the written inquiries of the professional responsibility committee constituted a violation of SCR 22.07. The referee recommended that the respondent be publicly reprimanded and that he be assessed the costs of this proceeding, including attorney fees. We hereby adopt the findings, conclusions and recommendation of the referee.
It is ordered that Donald E. Swetz is publicly reprimanded for unprofessional conduct.
It is further ordered that Donald E. Swetz pay the costs of this proceeding, including attorney fees, in the amount of $1,631.94 to the Board of Attorneys Profes
Reference
- Full Case Name
- In the Matter of Disciplinary Proceedings Against Donald E. Swetz, attorney at law
- Cited By
- 2 cases
- Status
- Published