In re Disciplinary Proceedings Against McLean
In re Disciplinary Proceedings Against McLean
Opinion of the Court
Attorney disciplinary proceeding; attorney publicly reprimanded.
On February 11, 1983, the Board of Attorneys Professional Responsibility (Board) filed a complaint with the court alleging that Thomas W. McLean, an attorney admitted to practice in Wisconsin in 1950 and who practices in Nekoosa, was guilty of unprofessional conduct in the course of his probate of several estates. The complaint alleged that the respondent was retained in 1978 to probate the estate of Jeske. The inventory in that estate was filed on April 12, 1978, and in December of that year a second personal representative was named following the death of the first. When the estate was not completed by February of 1981, the personal representative filed a grievance against the respondent with the Board. The Board notified the respondent of the grievance, requesting that he reply within 20 days. No reply was received within that time, and the Board sent
We referred the matter to the Honorable Rodney L. Young, Reserve Judge, as referee, pursuant to SCR 21.-09 (4). The respondent filed an answer on March 2, 1983, in which he admitted his failure to timely close the Jeske estate but denied that he intentionally failed to cooperate with the Board and local committee, alleged that the failure was due, in part, to the personal representative’s having failed to promptly return her waiver for hearing and receipt and denied that he had been dilatory in the closing of the other estates.
The parties entered into a stipulation on June 6, 1983, in which were outlined the steps the respondent took in closing the Jeske estate following his appearance before the district grievance committee, as well as the steps taken in the other five estates and his reasons
In his report, the referee made findings of fact consistent with the stipulation, found that no “plausible reason” was given for the respondent’s failure to proceed with the probate of the Jeske estate or for his failure to close the estate in 1981 and found, as to the other five estates, that (1) a no asset estate remained open after seven years because the respondent neglected to close it, (2) an estate was left open for four and one-half years without explanation, (3) a no asset estate remains open because of the respondent’s failure to obtain a discharge of the special administrator and to close the estate, (4) an estate was closed after two and one-half years, only with substantial court attention, but the personal representative in that estate was not discharged until one year later, with the only reasons given that the respondent’s fee had not been paid and that the personal representative did not deliver receipts to him, and (5) there was no plausible excuse or explanation given for the two and one-half year period that an estate remained open, notwithstanding numerous communications from the court to the respondent and from the personal representative to the court seeking the completion of the estate. The referee also found that the respondent’s neglect of his clients’ interests and his procrastination in the delayed closing of these estates did not result in any monetary loss to his clients.
The referee concluded that the respondent’s unexcused delays in probating the Jeske estate over a period of five years constitutes neglect of a legal matter entrusted to him, in violation of SCR 20.32(3), that his failure to fulfill promises made to the Board to immediately close the estate, thereby necessitating the close monitoring of the estate by a local district professional responsi
We hereby accept the findings, conclusions and recommendation of the referee.
It Is Ordered that Thomas W. McLean is publicly reprimanded for his unprofessional conduct in the probate of these estates.
It Is Further Ordered that within 30 days of the date of this order Thomas W. McLean pay to the Board of Attorneys Professional Responsibility the costs of this disciplinary proceeding in the amount of $1,905.60 and furnish the Board of Attorneys Professional Responsibility satisfactory proof that the Zuege estate has been closed, provided that if the costs are not paid and the proof furnished within the time specified, the license of Thomas W. McLean to practice law in Wisconsin shall be suspended forthwith.
Reference
- Full Case Name
- In the Matter of Disciplinary Proceedings Against Thomas W. McLean, Attorney at Law
- Cited By
- 1 case
- Status
- Published