In re Disciplinary Proceedings Against Nelson
In re Disciplinary Proceedings Against Nelson
Opinion of the Court
Attorney disciplinary proceeding; attorney’s license revoked.
On March 31, 1983, the Board of Attorneys Professional Responsibility (Board) filed a complaint alleging that the respondent Darwin J, Nelson, who was admitted to practice law in Wisconsin in 1958 and who resides in Merrimac, was guilty of unprofessional conduct in his handling of the probate of two estates for which he had been retained. In the first of these, the respondent
In the second estate, the Wisconsin Department of Revenue made four written requests between July 20, 1979, and August 11, 1982, that the respondent file information necessary to determine inheritance taxes in the estate. However, the respondent did not respond. The Board alleged that such conduct constituted gross neglect of a legal matter, in violation of SCR 20.32(3).
We referred the matter to the Honorable William C. Sachtjen, Reserve Judge, as referee, pursuant to SCR 21.09(4). When the respondent failed to answer or otherwise respond to the complaint, the Board moved for a default judgment. The referee filed his report with the court on June 20, 1983, in which he found that the respondent was personally served with authenticated copies of the complaint and order to answer in this matter, that no answer or other responsive pleading was filed by him at any time, that he was served with a copy of the Board’s motion for default, in which it was recommended that the respondent’s license be revoked, and that the respondent personally appeared without counsel at the hearing on that motion, held on May 18, 1983. At that hearing, the respondent admitted the facts alleged in the complaint and stipulated to the revocation of his license, with costs. Consequently, the referee recommended that the respondent’s license be revoked, effective immediately, and that he pay the costs of the disciplinary proceeding within one year. The referee further recommended that any application for reinstatement of the respondent’s license be accompanied by proof of payment of the costs.
We hereby accept the referee’s findings of fact, conclusions of law and recommendation. We note that the respondent was publicly reprimanded by order of this court filed July 2, 1982, for neglect of a legal matter and for failure to respond to two written inquiries from the Board concerning the grievance. In the Matter of Disciplinary Proceedings Against Nelson, 108 Wis. 2d 445 (1982). There, as here, the respondent did not file a responsive pleading to the complaint but did attend a
It Is Ordered that the license of Darwin J. Nelson to practice law in Wisconsin is revoked, effective the date of this order.
It Is Further Ordered that Darwin J. Nelson pay to the Board of Attorneys Professional Responsibility within one year of the date of this order the costs of this disciplinary proceeding in the amount of $505.00.
Reference
- Full Case Name
- In the Matter of Disciplinary Proceedings Against Darwin J. Nelson, Attorney at Law
- Status
- Published