In re Disciplinary Proceedings Against Rosenthal
In re Disciplinary Proceedings Against Rosenthal
Opinion of the Court
Attorney disciplinary proceeding; attorney publicly reprimanded.
The referee recommended that Attorney Gary E. Ro-senthal be publicly reprimanded for unprofessional con
Attorney Rosenthal was admitted to practice law in Wisconsin in 1974 and practices in Milwaukee. He has not previously been the subject of a disciplinary proceeding. The referee in this proceeding is Attorney Catherine M. Doyle.
Upon the stipulation of the parties, the referee found that in December, 1981, Attorney Rosenthal was retained to represent a man in a divorce proceeding. In August, 1983, that client again retained Attorney Ro-senthal to represent him to seek a reduction in court-ordered maintenance payments. A motion to that effect was denied by a family court commissioner on September 27, 1983, and shortly thereafter the client told Attorney Rosenthal that he wanted that decision reviewed by the circuit court. Attorney Rosenthal attempted to dissuade the client from taking that course of action, but the client insisted, and in late October, 1983, Attorney Rosenthal told the client that a hearing had been set for November 21, 1983, at a specified time and before a specified judge. Attorney Rosenthal confirmed that date, time and court with the client on November 14,1983.
When the client appeared in court for the hearing, the judge’s clerk told him that the hearing did not appear on any family court calendar for that date. When the client telephoned Attorney Rosenthal the same day, he was informed by Attorney Rosenthal’s secretary that
In response to the Board’s investigation of the client’s grievance, Attorney Rosenthal stated that when he spoke to the client on the date of the supposed hearing, he told the client that the motion had not been filed because Attorney Rosenthal believed the client would not pursue the matter. Also, Attorney Rosenthal denied having told the client that he appeared before another judge on that date or that the motion for reduction had been denied. In addition, Attorney Rosen-thal replied to an inquiry from the client’s nephew, an attorney in Milwaukee, that his client had decided not to proceed with the motion to review the maintenance order after conferring with Attorney Rosenthal on September 27,1983.
In recommending a public reprimand for Attorney Rosenthal’s misconduct, the referee considered that the misconduct, while serious, involved the neglect of a single legal matter, which was compounded by Attorney Rosenthal’s attempt to conceal that neglect. The referee concluded that this conduct did not reflect a pattern of neglect or misconduct.
We accept the referee’s findings and conclusions and agree that a public reprimand is appropriate discipline under the circumstances.
IT IS FURTHER ORDERED that within 120 days of the date of this order Attorney Gary E. Rosenthal pay to the Board of Attorneys Professional Responsibility the costs of this disciplinary proceeding, provided that if the costs are not paid within the time specified and absent a showing by Attorney Rosenthal of his inability to pay the costs within the time specified, the license of Attorney Gary E. Rosenthal to practice law in Wisconsin shall be suspended until further order of the court.
Reference
- Full Case Name
- In the Matter of Disciplinary Proceedings Against Gary E. Rosenthal, Attorney at Law
- Status
- Published