OLR v. Thomas E. Warmington
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2011 WI 87 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 1997AP457-D In the Matter of Disciplinary Proceedings Against Thomas E. Warmington, Attorney at Law. Office of Lawyer Regulation, Complainant-Respondent, v. Thomas E. Warmington, Respondent-Appellant. REINSTATEMENT PETITION OF WARMINGTON OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: September 20, 2011 2011 WI 87 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 1997AP457-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against Thomas E. Warmington, Attorney at Law. FILED Office of Lawyer Regulation, Complainant-Respondent, SEP 20, 2011 v. A. John Voelker Acting Clerk of Supreme Court Thomas E. Warmington, Respondent-Appellant. ATTORNEY reinstatement proceeding. Attorney's license referee's report reinstated. ¶1 PER CURIAM. We review a recommending that Thomas E. Warmington's license to practice law in Wisconsin be reinstated. ¶2 We conclusions adopt of law the and referee's conclude findings that Attorney license to practice law should be reinstated. Attorney Warmington to pay the costs of of fact and Warmington's We further direct the reinstatement proceedings, which total $3,436.90 as of March 11, 2011. No. ¶3 1997AP457-D Attorney Warmington was licensed to practice law in Wisconsin in 1977 and practiced in Brookfield until he closed his practice in November, 1996. On October 1, 1997, his license to practice law was revoked based on five grievance complaints of numerous counts of misconduct including transferring client funds to his own use; failing to properly deliver funds to a client entitled to them; failing to respond to a client's calls and messages regarding her settlement proceeds; failing to hold client funds in a trust account; making misrepresentations to a client concerning receipt of funds belonging to the client; failing to keep a complete record of trust account funds and other trust property; failing to provide competent, diligent, and prompt representation to a client; and failing to respond to numerous letters and telephone calls from the Board of Attorneys Professional Office of Responsibility Lawyer (BAPR), Regulation the (OLR). predecessor In re to the Disciplinary Proceedings Against Warmington, 212 Wis. 2d 657, 568 N.W.2d 641 (1997). ¶4 Prior to his revocation, Attorney Warmington had been disciplined for professional misconduct on two other occasions. In 1991 he communicate consented with to clients a public who had reprimand retained for him failing to pursue to a medical malpractice action; misrepresenting that he had filed an action; and failing to cooperate in BAPR's investigation of the matter. In 1995 Attorney Warmington consented to a public reprimand for failing to notify a client of his receipt of the client's funds he had collected on the client's behalf; failing 2 No. 1997AP457-D to deliver the funds to the client for more than two years; failing to keep the client informed about the status of collection matters and failing to respond to reasonable requests for information from the client; and failing to respond to inquiries from BAPR. ¶5 On April 29, 2010, petition for reinstatement. Attorney Warmington filed a The OLR filed a response to the petition on November 10, 2010, and did not oppose the petition for reinstatement. matter. 2011. Hannah C. Dugan was appointed referee in the A hearing was held before the referee on January 12, On February 21, 2011, the referee issued a report recommending that Attorney Warmington's license to practice law in Wisconsin should be reinstated. The referee also recommends that Attorney Warmington be required to pay the full costs of the proceeding. ¶6 initial In her phases Warmington's report, of the the cooperation referee noted reinstatement and that during process, timeliness in the Attorney submitting documentation supporting his position seemed somewhat reluctant. The referee said Attorney Warmington eventually did present comprehensive written statements, documents, and testimony which assuaged the referee's concerns about Attorney Warmington's remorse about his misconduct and his attitude towards meeting the professional standards imposed on a member of the Wisconsin bar. ¶7 The Warmington's referee wife, said herself the a testimony non-practicing 3 of Attorney attorney, was No. convincing with respect to Attorney 1997AP457-D Warmington's appreciation of meeting professional standards. current Mrs. Warmington referenced the difference between her husband's current state regarding meeting responsibilities and his state 14 years ago, and she commented on the diligence with which he has pursued and complied with the medical assistance for health conditions that was asserted as a mitigating factor with respect to his previous failure to standards perform and according which resulted to in Wisconsin the law licensure determination that his license to practice law be revoked. ¶8 the The referee also noted that during his testimony at evidentiary explained his reinstatement hearing, failure Attorney initially investigation. Warmington to The adequately cooperate referee with said the Attorney Warmington's testimony included a plan upon reinstatement that seemed to reflect a proper understanding of and attitude towards the standards that are imposed upon members of the bar and his intent to meet them. The referee noted Attorney Warmington's stated intention, if his license to practice is reinstated, is to serve as in-house counsel of a corporation, in which position he would review and negotiate contracts. ¶9 The discipline lapses in referee noted Attorney involved significant client communications professional expectations, law office management. for that reinstatement of Warmington's misconduct and particularly and failures in matters prior professional in of meeting ethical The referee commented that in his plan his law 4 license, Attorney Warmington No. 1997AP457-D presented a realistic means by which he intends to meet the professional standards required of attorneys. The referee noted that Attorney Warmington stated the work he intends to pursue does not necessarily require a law license but that having a license is an important credential for him, and it is also an important credential to potential employers. Attorney Warmington said he does not intend to engage in the private practice of law, and the referee said she would be hesitant to recommend reinstatement if Attorney Warmington intended to return to solo private practice. ¶10 The referee concluded that Attorney Warmington met his burden of proof by clear and convincing evidence that he has the character to practice law in Wisconsin, that he can act in conformity with the standards imposed by the members of the bar, can be complied safely with recommended the to the conditions legal of his profession, revocation and and has all applicable supreme court rules. ¶11 The standard to be met for license is provided in SCR 22.31(1).1 1 reinstatement of a The petitioner has the SCR 22.31(1) states: The petitioner has the burden of demonstrating, by clear, satisfactory, and convincing evidence, all of the following: (a) That he or she has the moral character to practice law in Wisconsin. (b) That his or her resumption of the practice of law will not be detrimental to the administration of justice or subversive of the public interest. 5 law No. 1997AP457-D burden of demonstrating "by clear, satisfactory, and convincing evidence" that the lawyer has the moral character to practice law, that the lawyer's resumption of the practice of law will not be detrimental justice or lawyer has complied with SCR 22.26 and the terms of the suspension. In subversive of the to public the administration interest, and that of the addition, SCR 22.29(4) sets forth related requirements that a petition for reinstatement must show. All of these additional requirements are effectively incorporated into SCR 22.31(1). ¶12 referee After careful review of the record, we agree with the that Attorney Warmington has established by clear, satisfactory, and convincing evidence that he has satisfied all the criteria necessary for reinstatement. Accordingly, we adopt the referee's findings of fact and conclusions of law, and we accept the referee's recommendation to reinstate Warmington's license to practice law in Wisconsin. share the referee's concern about Attorney Attorney Because we Warmington's returning to solo private practice, we find it appropriate to impose conditions upon his resumption of the practice of law. We further direct Attorney Warmington to pay the costs of the reinstatement proceedings. (c) That his or her representations in the petition, including the representations required by SCR 22.29(4)(a) to [(4m)] and 22.29(5), are substantiated. (d) That he or she has complied fully with the terms of the order of suspension or revocation and with the requirements of SCR 22.26. 6 No. ¶13 1997AP457-D IT IS ORDERED that the petition for reinstatement of the license of Thomas E. Warmington to practice law in Wisconsin is granted, effective the date of this order. ¶14 IT IS FURTHER ORDERED that for a period of three years following his resumption of the practice of law, the following conditions shall be imposed upon Thomas E. Warmington's practice of law: A. Thomas E. Warmington shall not practice law in a solo private practice. B. In the event that Thomas E. Warmington practices law in a partnership or law firm setting, he shall engage in the practice under the direct supervision of a licensed attorney acceptable to and approved by the Office of Lawyer Regulation. The supervising attorney shall have all the duties generally held by a supervising attorney under SCR 20:5.1(b). ¶15 IT IS FURTHER ORDERED that within 180 days of the date of this order, Thomas E. Warmington shall pay to the Office of Lawyer Regulation the costs of this proceeding. If the costs are not paid within the time specified, and absent a showing to this court of his inability to pay those costs within that time, the license of Attorney Warmington to practice law in Wisconsin shall be suspended until further order of the court. 7 No. 1 1997AP457-D
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