In re Disciplinary Proceedings Against Horvath
In re Disciplinary Proceedings Against Horvath
Opinion of the Court
¶ 1. We review the report of the referee concluding that Attorney Paul R. Horvath
¶ 2. We determine that the referee's conclusions regarding Attorney Horvath's professional misconduct were properly drawn from the facts alleged in the Board's complaint, to which Attorney Horvath made no response. We also determine that the discipline and reinstatement condition recommended by the referee are appropriate under the circumstances. By his misconduct established in this proceeding and in three prior proceedings, Attorney Horvath has demonstrated his inability to render competent legal representation and an unwillingness to meet his professional responsibilities to the court and its disciplinary authorities.
¶ 3. Attorney Horvath was admitted to practice law in 1971 and practices in Appleton. His license to practice law has not been reinstated following the six-month suspension the court imposed, effective November 3, 1997, for his failure to comply promptly with a client's request for information in a collection matter, failure to act with reasonable diligence and prompt
¶ 4. Attorney Horvath was retained in March, 1996 by a client seeking post-conviction relief in two criminal cases in which she had been sentenced in June, 1995 and imprisoned. Attorney Horvath was given a $1000 retainer for his services. After receiving pertinent material from the client regarding her convictions, Attorney Horvath told her she had a court date of May 10, 1996, but in fact nothing relating to
¶ 5. Attorney Horvath did file a motion for sentence modification May 23, 1996, but that motion was denied on the ground that it did not contain any specific allegation that the court failed to exercise its discretion properly or that a new factor existed to justify consideration of the sentence. Attorney Horvath did not tell his client that the motion was denied but subsequently informed her that she had a new court date of July 25, 1996, but no such date had been scheduled. He also discussed that purported court date with the client's mother, with her sister, and with her friend.
¶ 6. After receiving information from federal authorities that his client had cooperated in the successful prosecution of a large-scale drug conspiracy, Attorney Horvath told his client that he was canceling the July 25 court date and would obtain another date. In a subsequent telephone call from his client, he told her she had a new court date of August 20, 1996 and later confirmed that date with the client's friend, who wanted to attend the hearing. When the friend appeared at the courthouse on the purported hearing date, he discovered that there was no hearing scheduled. When he telephoned Attorney Horvath for an explanation, he was told that the hearing had been canceled.
¶ 7. After she and her family learned from the court that no post-sentencing hearing ever had been scheduled and that the only action taken by the court
¶ 8. During the Board's investigation of his conduct in this matter, Attorney Horvath did not respond to two written requests for information regarding the client's grievance. He did attend an interview with the investigator assigned by the district professional responsibility committee to pursue the matter, but he did not produce telephone records he twice was asked for.
¶ 9. On the basis of those facts, the referee concluded as follows. By repeatedly providing false information regarding the status of his client's cases to her, to her family, and to her friend, Attorney Horvath engaged in conduct involving dishonesty, fraud, deceit or misrepresentation, in violation of SCR 20:8.4(c).
¶ 11. We adopt the referee's findings of fact and conclusions of law and determine that the two-year license suspension recommended as discipline for Attorney Horvath's professional misconduct established in this proceeding is warranted. We also will require as a condition of reinstatement of his license, that Attorney Horvath provide the accounting and proof of refund of retainer to his client that the referee has recommended.
¶ 12. It Is Ordered that the license of Paul R. Horvath to practice law in Wisconsin is suspended for a period of two years, consecutive to the six-month license suspension imposed effective November 3, 1997.
¶ 13. It Is Further Ordered that, as a condition of reinstatement, Attorney Paul R. Horvath provide a detailed accounting of the services he rendered on behalf of his client in the matter addressed in this proceeding and proof that he has refunded to that cli
¶ 14. It Is Further Ordered that within 60 days of the date of this order, Paul R. Horvath pay to the Board of Attorneys Professional Responsibility the costs of this proceeding, provided that if the costs are not paid within the time specified and absent a showing to this court of his inability to pay the costs within that time, the license of Paul R. Horvath to practice law in Wisconsin shall remain suspended until further order of the court.
¶ 15. It Is Further Ordered that Paul R. Horvath comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended.
SCR 20:8.4 provides, in pertinent part:
Misconduct
It is professional misconduct for a lawyer to:
(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation.
SCR 20:1.4 provides, in pertinent part:
Communication
(a) A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information.
SCR 21.03 provides, in pertinent part:
General principles.
(4) Every attorney shall cooperate with the board and the administrator in the investigation, prosecution and disposition of grievances and complaints filed with or by the board or administrator.
SCR 22.07 provides, in pertinent part:
Investigation.
(2) During the course of an investigation, the administrator or a committee may notify the respondent of the subject being investigated. The respondent shall fully and fairly disclose all facts and circumstances pertaining to the alleged misconduct or medical incapacity within 20 days of being served by ordinary mail a request for response to a grievance. The administrator in his or her discretion may allow additional time to respond. Failure to provide information or misrepresentation in a disclosure is misconduct. The administrator or committee may make a further investigation before making a recommendation to the board.
(3) The administrator or committee may compel the respondent to answer questions, furnish documents and present any*340 information deemed relevant to the investigation. Failure of the respondent to answer questions, furnish documents or present relevant information is misconduct. The administrator or a committee may compel any other person to produce pertinent books, papers and documents under SCR 22.22.
Reference
- Full Case Name
- In the Matter of Disciplinary Proceedings Against Paul R. Horvath, Attorney at Law
- Cited By
- 1 case
- Status
- Published