Office of Lawyer Regulation v. Sean D. Cooper ( 2013 )


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    2013 WI 97
    SUPREME COURT             OF   WISCONSIN
    CASE NO.:               2012AP2321-D
    COMPLETE TITLE:         In the Matter of Disciplinary Proceedings
    Against Sean D. Cooper, Attorney at Law:
    Office of Lawyer Regulation,
    Complainant,
    v.
    Sean D. Cooper,
    Respondent.
    DISCIPLINARY PROCEEDINGS AGAINST COOPER
    OPINION FILED:          December 10, 2013
    SUBMITTED ON BRIEFS:
    ORAL ARGUMENT:
    SOURCE OF APPEAL:
    COURT:
    COUNTY:
    JUDGE:
    JUSTICES:
    CONCURRED:
    DISSENTED:
    NOT PARTICIPATING:
    ATTORNEYS:
    
    2013 WI 97
    NOTICE
    This opinion is subject to further
    editing and modification.   The final
    version will appear in the bound
    volume of the official reports.
    No.   2012AP2321-D
    STATE OF WISCONSIN                                 :            IN SUPREME COURT
    In the Matter of Disciplinary Proceedings
    Against Sean D. Cooper, Attorney at Law:
    Office of Lawyer Regulation,                                              FILED
    Complainant,
    DEC 10, 2013
    v.
    Diane M. Fremgen
    Clerk of Supreme Court
    Sean D. Cooper,
    Respondent.
    ATTORNEY        disciplinary       proceeding.          Attorney's         license
    revoked.
    ¶1    PER      CURIAM.    On    June    6,   2013,      Referee      Richard       C.
    Ninneman    filed     a   report     recommending       that     Attorney       Sean     D.
    Cooper be declared in default, concluding that Attorney Cooper
    engaged    in    numerous      counts    of   professional          misconduct,        and
    recommending that his license to practice law in Wisconsin be
    revoked.
    ¶2    We conclude that the referee's findings of fact are
    supported       by   satisfactory       and   convincing        evidence.           Since
    No.          2012AP2321-D
    Attorney Cooper failed to present a defense despite being given
    multiple     opportunities        to    do    so,     we    declare     him       to    be     in
    default.      We further agree with the referee that the seriousness
    of Attorney Cooper's misconduct warrants the revocation of his
    license to practice law in Wisconsin.                      In addition, we conclude
    that the full costs of this proceeding, which are $7,401.14 as
    of June 26, 2013, should be assessed against Attorney Cooper.
    ¶3     Attorney       Cooper      was       admitted     to    practice          law     in
    Wisconsin in 2009.          His license to practice law in Wisconsin was
    temporarily suspended, pursuant to SCR 22.03(4), on October 17,
    2012.      His license remains suspended.
    ¶4     On October 24, 2012, the Office of Lawyer Regulation
    (OLR) issued a complaint against Attorney Cooper alleging 39
    counts of professional misconduct arising out of ten different
    matters.      On December 17, 2012, Attorney Cooper filed a one-page
    answer     denying    all    allegations           and     facts    contained          in     the
    complaint.
    ¶5     On   January        23,    2013,       the     OLR     filed     an       amended
    complaint     alleging      78    counts       of    misconduct       in     18     separate
    matters.
    ¶6     In a February 1, 2013 telephone conference between the
    referee,     Attorney    Cooper,        and    retained       counsel       for    the       OLR,
    Attorney Cooper was encouraged to retain counsel and was given
    until February 28, 2013, to respond to the amended complaint.                                  A
    further telephone conference was scheduled for March 4, 2013.
    Attorney Cooper was directed to call the referee in advance of
    the   telephone      conference        in    order    to     participate.           Attorney
    2
    No.      2012AP2321-D
    Cooper failed to make such contact and the telephone conference
    was cancelled.
    ¶7      On March 21, 2013, the OLR filed a motion for default
    judgment.       Attached to the supporting affidavit was a letter
    from Attorney Cooper dated March 19, 2013, addressed to the
    referee   and     the   OLR's     counsel.       The     letter       stated,      "I    have
    decided to voluntary [sic] surrender my license to practice law
    in the State of Wisconsin due to personal reasons."
    ¶8      On April 8, 2013, the referee issued a notice that the
    OLR's motion for a default judgment would be heard on May 21,
    2013.     At the May 21 hearing, the OLR's counsel and an OLR
    investigator appeared by videoconference and a record was made.
    Neither Attorney Cooper nor any attorney or representative made
    an appearance on his behalf.               As a result, the referee granted
    the OLR's motion for default judgment and found the OLR proved
    by clear, satisfactory, and convincing evidence all allegations
    in its amended complaint.
    ¶9      The allegations in the amended complaint, which are
    discussed    in    detail     in    the    referee's        report,         will   not     be
    extensively recited or repeated here.                   We will briefly summarize
    the incidents giving rise to the misconduct.
    Multiple Bankruptcy Proceedings (Counts 1 through 8)
    ¶10     Judge Pamela Pepper, Chief Bankruptcy Judge for the
    United    States       District    Court       for    the   Eastern         District      of
    Wisconsin,      made    a   submission     to     the    OLR     on     May    13,      2011,
    reporting    that,      pursuant     to    the       unanimous    decision         of     the
    Eastern District of Wisconsin bankruptcy judges, Attorney Cooper
    3
    No.        2012AP2321-D
    had been barred from filing any new bankruptcy petitions for a
    period of six months.               The prohibition on his filing any new
    cases      arose    out     of    his     repeated      mishandling         of     multiple
    bankruptcy         matters,        including          failing        to     respond        to
    communications from the bankruptcy court and trustee, failing to
    communicate        with   clients       regarding      court       appearances,      filing
    schedules in bankruptcy proceedings without prior client review,
    and filing bankruptcy petitions during times he was barred from
    doing so.
    Matter of R.F. (Counts 9 through 14)
    ¶11    In     May     of    2010,       R.F.    hired     Attorney      Cooper       to
    represent her with respect to charges of discrimination that she
    had   already       filed    with       the   United    States       Equal       Employment
    Opportunity Commission (EEOC).                 R.F. paid Attorney Cooper $4,000
    for the representation.                 After requesting a postponement of a
    mediation, Attorney Cooper failed to respond to telephone calls
    from the mediator, failed to file a lawsuit within 90 days after
    receipt of the notice of dismissal of R.F.'s claims, causing
    R.F. to lose her rights to sue, failed to return R.F.'s file,
    and failed to timely respond to R.F.'s grievance.
    Matter of N.L. (Counts 15 through 18)
    ¶12    In October of 2010, N.L. hired Attorney Cooper to file
    a   Wis.    Stat.    chapter       128    petition      in    Milwaukee       County       for
    voluntary     amortization         of    debts.       Attorney       Cooper      filed   the
    petition     but     never       informed      N.L.   of     the    appointment       of    a
    trustee.     The petition was later dismissed due to N.L.'s failure
    to make the initial payment to the trustee as ordered by the
    4
    No.         2012AP2321-D
    court.           Attorney Cooper filed a second petition in April of
    2011.        The court sent Attorney Cooper a checklist of missing
    items and told him if the petition was not corrected within 30
    days, it would be dismissed.                       Attorney Cooper failed to inform
    N.L. of the missing items and failed to contact the trustee or
    the court, so the second petition was also dismissed.
    Matter of C.D. (Counts 19 through 21)
    ¶13        In September of 2010, C.D. hired Attorney Cooper to
    represent her in a chapter 128 proceeding in Milwaukee County.
    The petition incorrectly stated the debtor's name and listed an
    incorrect address.               After appointment of a trustee, the trustee
    filed an affidavit and order for dismissal based on the fact
    that       the    debtor       had   made     no     plan    payments.         The    trustee's
    documents listed the wrong address for C.D., and there was no
    correspondence from Attorney Cooper to C.D. informing the client
    that a trustee had been appointed.
    Matter of Y.D. (Counts 22 through 26)
    ¶14        In December of 2010, Y.D. hired Attorney Cooper to
    represent her in a chapter 7 bankruptcy proceeding.                                       Attorney
    Cooper electronically filed the voluntary bankruptcy petition
    and    a    meeting       of    creditors       was      scheduled.       Attorney         Cooper
    appeared at the hearing but Y.D. did not.                           The trustee filed a
    motion       to       dismiss    the       bankruptcy        petition    based       on    Y.D.'s
    failure          to   attend     the       meeting      of   creditors    and    failure       to
    provide      tax       returns       and    other       information.      Attorney         Cooper
    failed to obtain Y.D.'s signature on any of the documents he
    electronically filed with the bankruptcy court as required by
    5
    No.     2012AP2321-D
    local court rules.          He also altered the original date on the
    bankruptcy petition prior to submitting a copy of it to the OLR,
    failed to have Y.D. review and sign the petition before filing
    it, failed to object to the trustee's motion to dismiss, and
    failed to keep Y.D. apprised of the status of her case.
    Matter of S.J. (Counts 27 and 28)
    ¶15   On   April     1,   2011,   S.J.    engaged      Attorney       Cooper   to
    represent her in a chapter 128 petition in Milwaukee County for
    the voluntary amortization of debts.                 Attorney Cooper filed the
    petition.     The court advised him that his proposed trustee was
    not   presently    in     compliance    with    a    local    rule    and    directed
    Attorney Cooper to resubmit appropriate materials to the court
    within 30 days or the case would be dismissed.                   Attorney Cooper
    failed to respond within that time period and the proceeding was
    dismissed.
    Matter of V.H. (Counts 29 through 33)
    ¶16   In    March    of   2011,    V.H.       hired    Attorney   Cooper       to
    represent her in a chapter 7 bankruptcy proceeding.                          Attorney
    Cooper electronically filed the voluntary bankruptcy petition
    but failed to gather the required documents from V.H. prior to
    filing it.       He also failed to have V.H. review and sign the
    petition and related schedules prior to filing, failed to keep
    V.H. informed about the status of the proceeding, represented to
    the bankruptcy court that V.H. had signed the documents when she
    had not, and changed the dates on some documents after they had
    been filed.
    Matter of T.M. (Counts 34 and 35)
    6
    No.       2012AP2321-D
    ¶17     In March of 2010, T.M. hired Attorney Cooper to defend
    T.M. in various criminal matters pending in Racine County.                                     T.M.
    paid Attorney Cooper $5,000 and a purported fee agreement letter
    was    signed.         T.M.        claimed   he      terminated          Attorney       Cooper's
    representation         in     June    2010   but         Attorney        Cooper     refused     to
    withdraw.        T.M. also claimed that Attorney Cooper failed to
    return his telephone calls and did nothing to defend him.
    Matter of M.D. (Counts 36 through 38)
    ¶18     On February 1, 2011, M.D. hired Attorney Cooper to
    represent her in a chapter 13 bankruptcy proceeding.                                    She paid
    him    $255.         She    signed     her   voluntary             petition,      and   Attorney
    Cooper electronically filed it.                          Attorney Cooper altered the
    date    on     the     petition       and    failed           to    obtain       documents      and
    information from M.D. which were needed to prepare and file the
    chapter 13 schedules and plan.
    Matter of T.C. (Count 39)
    ¶19     T.C.        hired     Attorney       Cooper          in   October        2010     to
    represent      her     and    her    husband        in    a    chapter     128     petition      in
    Milwaukee County for the voluntary amortization of debts.                                       The
    proceeding was dismissed based on the failure of the debtors to
    make the initial payment to the trustee as ordered by the court.
    Attorney Cooper failed to provide T.C. with any correspondence
    regarding the status of the proceeding.
    Matter of R.C. (Counts 40 through 45)
    ¶20     In February of 2011, R.C. hired Attorney Cooper to
    represent him in a criminal proceeding in Dane County.                                         R.C.
    paid an advance fee of $2,500 which Attorney Cooper deposited
    7
    No.         2012AP2321-D
    directly     into    his       operating     account      rather    than        his     trust
    account.     In June of 2011, R.C. terminated the attorney-client
    relationship and asked Attorney Cooper to return any unearned
    portion of the $2,500 advanced fee.                    Attorney Cooper failed to
    respond to this request in an appropriate manner.
    Matter of D.Co. (Counts 46 through 50)
    ¶21    In February of 2011, D.Co. paid Attorney Cooper $295
    to    represent      her       in    a    chapter    128     proceeding           for     the
    amortization        of    debts.          Attorney     Cooper      never        filed     the
    petition.         D.Co.    repeatedly       called     Attorney     Cooper's          office
    regarding the status of the filing, but Attorney Cooper never
    returned her phone calls.
    Matter of D.Cu. (Counts 51 through 57)
    ¶22    In    April       of   2012,   D.Cu.    hired    Attorney          Cooper    to
    represent     him    in    a    bankruptcy       action    and     paid     him    $1,500.
    Attorney Cooper failed to confirm the fee agreement with D.Cu.
    in writing, failed to file the bankruptcy petition, failed to
    keep D.Cu. informed about the status of the matter, and closed
    his office without notifying D.Cu.
    Matter of C.H. (Counts 58 through 60)
    ¶23    In early 2011 C.H. hired Attorney Cooper to represent
    him   regarding      workplace       discrimination        claims     in    proceedings
    before the Wisconsin Equal Rights Division and the United States
    EEOC.       C.H.    paid    Attorney        Cooper   an    advance        fee    of     $749.
    Attorney Cooper failed to confirm the fee agreement in writing.
    In January of 2012, C.H. and his employer reached a settlement,
    which    Attorney         Cooper         approved,     and    the         discrimination
    8
    No.        2012AP2321-D
    complaints      with     the    two        agencies     were       dismissed.           Attorney
    Cooper failed to have a contingent fee agreement in writing and
    signed by C.H., failed to deliver the case file documents to
    C.H.   when     requested,          and    failed     to     provide      the     OLR    with    a
    written response to C.H.'s grievance.
    Matter of D.H. (Counts 61 through 65)
    ¶24     In    April     of    2011,       D.H.     hired     Attorney         Cooper     to
    represent him in a motion to modify a sentence imposed as the
    result of a 1998 conviction for five felonies.                                   The original
    sentence imposed was 45 years in prison.                            Attorney Cooper was
    paid an advance fee of $2,500.                    Attorney Cooper failed to return
    telephone calls inquiring as to the status of the matter, nor
    did he file any motion to modify the sentence.                                D.H. terminated
    Attorney       Cooper's       representation            in    February          of   2012     and
    requested       a    refund     of        the    $2,500      and    the       return    of    all
    documents.          Following the commencement of a small claims action
    for replevin to obtain the file and a small claims action for
    refund    of    the     advanced          fee,   D.H.      accepted       a     settlement      of
    $1,500.
    Matter of P.T. (Counts 66 through 71)
    ¶25     In February of 2012, P.T. hired Attorney Cooper to
    represent her in a petition for guardianship.                             P.T. agreed to a
    flat fee of $700 and paid $400 toward that fee.                                      P.T. made
    numerous requests to Attorney Cooper for a copy of the petition
    for guardianship, which Attorney Cooper did not provide.                                      She
    left telephone calls and text messages to which Attorney Cooper
    never responded.             Attorney Cooper never filed the guardianship
    9
    No.      2012AP2321-D
    petition.     When P.T. asked for a refund of the $400 she had paid
    toward the fee, Attorney Cooper offered her a credit for future
    legal services and did not refund any portion of the fee.                          In
    September 2012 the Wisconsin Lawyers' Fund for Client Protection
    approved payment of $350 to P.T. for reimbursement of                            funds
    arising out of Attorney Cooper's refusal to refund any part of
    the advanced fee.
    Matter of A.R. and I.G. (Counts 72 through 76)
    ¶26     In   February    of    2011,       A.R.   and   I.G.   hired    Attorney
    Cooper to modify a birth certificate for their son and paid him
    $1,100 for his services.                Attorney Cooper filed a motion to
    change the birth certificate but failed to appear at a hearing
    on   the    motion.     The        court    subsequently       entered      an   order
    dismissing the matter.
    Matter of E.W. (Counts 77 and 78)
    ¶27     In February of 2012, E.W. hired Attorney Cooper to
    represent him in a chapter 7 bankruptcy matter and paid Attorney
    Cooper     $300   pursuant    to    a    written       engagement      letter.    The
    following month, E.W. informed Attorney Cooper he had decided
    not to file the bankruptcy petition and asked for a full refund.
    Attorney Cooper failed to respond to the request for a refund
    and failed to provide a written response to the OLR's grievance.
    ¶28     The referee concluded that Attorney Cooper committed
    the misconduct alleged in the complaint.                     The OLR alleged, and
    the referee found, that Attorney Cooper committed the following
    misconduct:
    10
    No.   2012AP2321-D
        One violation of SCR 20:1.11 (Count 1)
        Fourteen violations of SCR 20:1.32 (Counts 2, 9, 15, 19,
    22, 27, 29, 36, 40, 46, 51, 61, 66, 72)
        Twelve violations of SCR 20:1.4(a)(3)3 (Count 3, 10, 16,
    20, 23, 28, 30, 37, 39, 41, 62, 73)
        One violation of SCR 20:1.4(a)(4)4 (Count 67)
        Two violations of SCRs 20:1.4(a)(3) and (4) (Counts 47,
    52)
        Four violations of SCR 20:1.5(a)5 (Counts 11, 53, 68, 74)
    1
    SCR 20:1.1 states, "A lawyer shall provide competent
    representation to a client. Competent representation requires
    the legal knowledge, skill, thoroughness and preparation
    reasonably necessary for the representation."
    2
    SCR 20:1.3 states as follows:    "A lawyer shall act with
    reasonable diligence and promptness in representing a client."
    3
    SCR 20:1.4(a)(3) provides that a lawyer shall "keep the
    client   reasonably   informed   about  the   status  of   the
    matter; . . . ."
    4
    SCR 20:1.4(a)(4) states that a lawyer shall "promptly
    comply    with   reasonable  requests by   the  client   for
    information; . . . ."
    5
    SCR 20:1.5(a) provides as follows:
    A lawyer shall not make an agreement for, charge,
    or collect an unreasonable fee or an unreasonable
    amount for expenses. The factors to be considered in
    determining the reasonableness of a fee include the
    following:
    (1) the time and labor required, the novelty and
    difficulty of the questions involved, and the skill
    requisite to perform the legal service properly;
    (2) the likelihood, if apparent to the client,
    that the acceptance of the particular employment will
    preclude other employment by the lawyer;
    11
    No.    2012AP2321-D
        One violation of SCR 20:1.5(b)(1)6 (Count 34)
        Two violations of SCRs 20:1.5(b)(1) and (2)7 (Counts 54,
    63)
        One violation of SCR 20:1.5(b)(3)8 (Count 42 )
    (3) the fee customarily charged in the locality
    for similar legal services;
    (4) the amount involved and the results obtained;
    (5) the time limitations imposed by the client or
    by the circumstances;
    (6) the nature and length      of   the   professional
    relationship with the client;
    (7) the experience, reputation, and ability         of
    the lawyer or lawyers performing the services; and
    (8) whether the fee is fixed or contingent.
    6
    SCR 20:1.5(b)(1) states:
    The scope of the representation and the basis or
    rate of the fee and expenses for which the client will
    be responsible shall be communicated to the client in
    writing, except before or within a reasonable time
    after commencing the representation when the lawyer
    will charge a regularly represented client on the same
    basis or rate as in the past.     If it is reasonably
    foreseeable that the total cost of representation to
    the client, including attorney's fees, will be $1000
    or less, the communication may be oral or in writing.
    Any changes in the basis or rate of the fee or
    expenses shall also be communicated in writing to the
    client.
    7
    SCR 20:1.5(b)(2) provides as follows: "If the total cost
    of representation to the client, including attorney's fees, is
    more than $1000, the purpose and effect of any retainer or
    advance fee that is paid to the lawyer shall be communicated in
    writing."
    12
    No.       2012AP2321-D
         One violation of SCR 20:1.5(c)9 (Count 58)
         One violation of SCR 20:1.15(b)(4)10 (Count 43)
         Seven violations of SCR 20:1.16(d)11 (Counts 12, 48, 55,
    59, 69, 75, 77)
    8
    SCR 20:1.5(b)(3) states, "A lawyer shall promptly respond
    to a client's request for information concerning fees and
    expenses."
    9
    SCR 20:1.5(c) provides:
    A fee may be contingent on the outcome of the
    matter for which the service is rendered, except in a
    matter in which a contingent fee is prohibited by par.
    (d) or other law. A contingent fee agreement shall be
    in a writing signed by the client, and shall state the
    method by which the fee is to be determined, including
    the percentage or percentages that shall accrue to the
    lawyer in the event of settlement, trial or appeal;
    litigation and other expenses to be deducted from the
    recovery; and whether such expenses are to be deducted
    before or after the contingent fee is calculated. The
    agreement must clearly notify the client of any
    expenses for which the client will be liable whether
    or not the client is the prevailing party. Upon
    conclusion of a contingent fee matter, the lawyer
    shall provide the client with a written statement
    stating the outcome of the matter and if there is a
    recovery, showing the remittance to the client and the
    method of its determination.
    10
    SCR 20:1.15(b)(4) states as follows:      Unearned fees and
    cost advances.
    Except as provided in par. (4m), unearned fees
    and advanced payments of fees shall be held in trust
    until earned by the lawyer, and withdrawn pursuant to
    sub. (g). Funds advanced by a client or 3rd party for
    payment of costs shall be held in trust until the
    costs are incurred.
    11
    SCR 20:1.16(d) states as follows:
    Upon termination of representation, a lawyer
    shall take steps to the extent reasonably practicable
    13
    No.      2012AP2321-D
        Three violations of SCR 20:3.3(a)(1)12 (Counts 4, 24, 31)
        Three violations of SCR 20:3.4(c)13 (Counts 5, 6, 7)
        Six violations of SCR 20:8.4(c)14 (Counts 5, 6, 7, 38,
    56, 70)
        Six   violations   of   SCR   22.03(2),15         enforced   via
    SCR 20:8.4(h)16 (Counts 8, 13, 17, 44, 49, 64)
    to protect a client's interests, such as giving
    reasonable notice to the client, allowing time for
    employment of other counsel, surrendering papers and
    property to which the client is entitled and refunding
    any advance payment of fee or expense that has not
    been earned or incurred. The lawyer may retain papers
    relating to the client to the extent permitted by
    other law.
    12
    SCR 20:3.3(a)(1) states that a lawyer shall not knowingly
    "make a false statement of fact or law to a tribunal or fail to
    correct a false statement of material fact or law previously
    made to the tribunal by the lawyer; . . . ."
    13
    SCR 20:3.4(c) provides that a lawyer shall not "knowingly
    disobey an obligation under the rules of a tribunal, except for
    an open refusal based on an assertion that no valid obligation
    exists; . . . ."
    14
    SCR 20:8.4(c) states it is professional misconduct for a
    lawyer to "engage in conduct involving dishonesty, fraud, deceit
    or misrepresentation; . . . ."
    15
    SCR 22.03(2) states as follows:
    Upon commencing an investigation, the director
    shall notify the respondent of the matter being
    investigated unless in the opinion of the director the
    investigation of the matter requires otherwise.    The
    respondent shall fully and fairly disclose all facts
    and circumstances pertaining to the alleged misconduct
    within 20 days after being served by ordinary mail a
    request for a written response.      The director may
    allow additional time to respond.    Following receipt
    of the response, the director may conduct further
    investigation and may compel the respondent to answer
    14
    No.    2012AP2321-D
         Eleven    violations     of   SCR    22.03(6),17   enforceable      via
    20:8.4(h) (Counts 14, 18, 21, 25, 26, 32, 33, 35, 45,
    50, 65)
         Five violations of SCRs 22.03(2) and (6), enforceable
    via SCR 20:8.4(h) (Counts 57, 60, 71, 76, 78)
    ¶29     In his report and recommendation, the referee noted
    that       although    there    was   no   indication     Attorney    Cooper     had
    previously      been    the     subject    of    professional   discipline,      the
    referee said he "cannot recall a prior disciplinary proceeding
    in which the respondent attorney demonstrated such a complete
    disregard of clients' rights in multiple matters and a total
    lack of respect for the legal profession as [Attorney] Cooper
    has in this proceeding."              Accordingly, the referee recommends
    that this court revoke Attorney Cooper's license to practice law
    in the State of Wisconsin.                 The referee also recommends that
    Attorney      Cooper    be     required    to   make   restitution    as   follows:
    questions,   furnish   documents,   and   present                   any
    information deemed relevant to the investigation.
    16
    SCR 20:8.4(h) provides that it is professional misconduct
    for a lawyer to "fail to cooperate in the investigation of a
    grievance filed with the office of lawyer regulation as required
    by SCR 21.15(4), SCR 22.001(9)(b), SCR 22.03(2), SCR 22.03(6),
    or SCR 22.04(1); . . . ."
    17
    SCR 22.03(6) states, "In the course of the investigation,
    the respondent's wilful failure to provide relevant information,
    to answer questions fully, or to furnish documents and the
    respondent's misrepresentation in a disclosure are misconduct,
    regardless of the merits of the matters asserted in the
    grievance."
    15
    No.         2012AP2321-D
    D.Co. $295; D.Cu. $1,500; P.T. $50; Wisconsin Lawyers' Fund for
    Client Protection $350; A.R. and I.G. $1,100; and E.W. $200.
    ¶30   Attorney    Cooper      has    not      filed    an    appeal       from   the
    referee's report and recommendation.
    ¶31   Although         Attorney       Cooper         was     given         multiple
    opportunities to present a defense to the OLR's complaint, he
    failed to do so.       As noted above, in a March 19, 2013 letter to
    the   referee   and    the    OLR's      retained     counsel,         Attorney    Cooper
    stated he had decided to surrender his license to practice law.
    Under the circumstances of this case, we deem it appropriate to
    declare Attorney Cooper in default.
    ¶32   A   referee's      findings        of   fact    are    affirmed        unless
    clearly erroneous.           Conclusions of law are reviewed de novo.
    See In re Disciplinary Proceedings Against Eisenberg, 
    2004 WI 14
    , ¶5, 
    269 Wis. 2d 43
    , 
    675 N.W.2d 747
    .                     The court may impose
    whatever    sanction    it     sees      fit   regardless         of     the    referee's
    recommendation.        See     In   re    Disciplinary       Proceedings          Against
    Widule, 
    2003 WI 34
    , ¶44, 
    261 Wis. 2d 45
    , 
    660 N.W.2d 686
    .
    ¶33   There is no showing that any of the referee's detailed
    findings of fact are clearly erroneous.                     Accordingly, we adopt
    them.   We also agree with the referee's conclusions of law that
    Attorney Cooper violated all of the supreme court rules set
    forth above.
    ¶34   Revocation of an attorney's license to practice law is
    the most severe sanction this court can impose.                         It is reserved
    for the most egregious cases.              Although Attorney Cooper was not
    licensed to practice law until 2009, during the short time that
    16
    No.    2012AP2321-D
    he was a practicing attorney, he engaged in repeated misconduct
    in his handling of numerous client matters.    Based on the state
    of the record before us, it appears that Attorney Cooper is
    unable to conform his conduct to the standards expected of all
    members of the Wisconsin bar.    We agree with the referee that no
    sanction short of revocation would be sufficient to protect the
    public, achieve deterrence, and impress upon Attorney Cooper the
    seriousness of his misconduct.     We also agree with the referee
    that Attorney Cooper should be required to make restitution to
    various clients and that he should be assessed the full costs of
    this proceeding.
    ¶35   IT IS ORDERED that the license of Sean D. Cooper to
    practice law in Wisconsin is revoked, effective the date of this
    order.
    ¶36   IT IS FURTHER ORDERED that within 60 days of the date
    of this order, Sean D. Cooper shall make restitution as follows:
    Client D.Co.    $295;
    Client D.Cu.    $1,500;
    Client P.T.     $50;
    Wisconsin Lawyers' Fund for Client Protection      $350;
    Clients A.R. and I.G.       $1,100; and
    Client E.W.     $200.
    ¶37   IT IS FURTHER ORDERED that within 60 days of the date
    of this order, Sean D. Cooper shall pay to the Office of Lawyer
    Regulation the costs of this proceeding.
    17
    No.    2012AP2321-D
    ¶38   IT IS FURTHER ORDERED that, to the extent he has not
    already done so, Sean D. Cooper shall comply with the provisions
    of SCR 22.26 concerning the duties of an attorney whose license
    to practice law has been revoked.
    18
    No.   2012AP2321-D
    1
    

Document Info

Docket Number: 2012AP002321-D

Judges: Per Curiam

Filed Date: 12/10/2013

Precedential Status: Precedential

Modified Date: 11/16/2024