Office of Lawyer Regulation v. David A Lemanski

Annotate this Case
Download PDF
2015 WI 10 SUPREME COURT CASE NO.: COMPLETE TITLE: OF WISCONSIN 2014AP2043 In the Matter of Disciplinary Proceedings Against David A. Lemanski, Attorney at Law: Office of Lawyer Regulation, Complainant, v. David A. Lemanski, Respondent. DISCIPLINARY PROCEEDINGS AGAINST LEMANSKI OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: February 5, 2015 2015 WI 10 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2014AP2043-D STATE OF WISCONSIN : IN SUPREME COURT In the Matter of Disciplinary Proceedings Against David A. Lemanski, Attorney at Law: FILED Office of Lawyer Regulation, Complainant, FEB 5, 2015 v. Diane M. Fremgen Clerk of Supreme Court David A. Lemanski, Respondent. ATTORNEY disciplinary proceeding. Attorney's license suspended. ¶1 PER CURIAM. This is a reciprocal discipline matter. The Office of Lawyer Regulation (OLR) filed a complaint against Attorney David A. Lemanski seeking the imposition of discipline reciprocal to that imposed by the Iowa Supreme Court. On December 20, 2013, the Iowa Supreme Court suspended Attorney Lemanski's Iowa law license for 60 days, effective December 20, 2013, based on two counts of misconduct. Upon our review, we impose the same 60-day suspension imposed by the Iowa Supreme No. Court. The OLR does not seek costs. 2014AP2043-D Accordingly, no costs will be imposed. ¶2 Attorney Lemanski was admitted to practice law in Iowa in 1979. He was admitted to practice law in Wisconsin in 2002. His Wisconsin license is currently active and in good standing. ¶3 The attached to the disciplinary subject following of occasions. facts OLR's taken complaint proceedings. professional are from the relating to Lemanski has Attorney discipline documents in Iowa on the Iowa been three the prior The Iowa Supreme Court Attorney Disciplinary Board admonished him in 1997 for neglect of a client matter and in 2007 for lack of diligence in an estate matter. In 2000, the Iowa Supreme Court suspended Attorney Lemanski for 30 days for neglect, failure to promptly disburse settlement funds, and failure to respond to inquiries from the Iowa Supreme Court Attorney Disciplinary Board. ¶4 Attorney involved his personal injury Lemanski's delay in misconduct disbursing client. The in the settlement delay stemmed instant funds from to case his Attorney Lemanski's difficulty in settling a Medicare subrogation claim, which he was required to resolve settlement funds to his client. before disbursing the Attorney Lemanski failed to keep his client informed of the progress of the case. After the client filed a complaint with the Iowa Supreme Court Attorney Disciplinary Board, Attorney Lemanski resolved the subrogation matter and disbursed the settlement funds. Lemanski failed to respond to 2 the However, Attorney Board's requests for No. information. The Iowa Supreme Court ultimately 2014AP2043-D found Attorney Lemanski committed two counts of misconduct: that failure to properly communicate with a client and failure to respond to a demand for information from the Board. The Iowa Supreme Court suspended Attorney Lemanski from the practice of law in Iowa for a period of 60 days, effective December 20, 2013. ¶5 On August 29, 2014, the OLR filed a complaint alleging that, by virtue of the 60-day Iowa suspension, Attorney Lemanski was subject to reciprocal discipline in Wisconsin. On October 8, 2014, pursuant to Supreme Court Rule (SCR) 22.12, the OLR and Attorney Lemanski entered into a stipulation whereby they stipulated to the 60-day suspension of Attorney Lemanski's Wisconsin law license, reciprocal to the discipline imposed in Iowa. ¶6 OLR's Attorney Lemanski agrees that the facts alleged in the complaint and the documents from the Iowa proceeding attached thereto form a basis for the discipline requested. parties aver bargaining. that the stipulation did not result from The plea Attorney Lemanski states that he does not contest the facts and misconduct alleged by the OLR, or the discipline that the OLR Lemanski states allegations; stipulated matter; director the and level his seeking he that is fully ramifications of to this matter. understands should discipline; right in his consult Lemanski states that his entry into the right with the court to Attorney misconduct impose contest counsel. the this Attorney the stipulation is made knowingly and voluntarily, and that it represents his decision 3 No. 2014AP2043-D not to contest the misconduct alleged in the complaint or the level and type of discipline sought by the OLR's director. ¶7 Upon our review of the matter, we accept the stipulation and impose discipline identical to that imposed by the Iowa Supreme Court. ¶8 IT IS ORDERED that the license of David A. Lemanski to practice law in Wisconsin is suspended for a period of 60 days, effective March 7, 2015. ¶9 IT IS FURTHER ORDERED that David A. Lemanski shall comply with the provisions of SCR 22.26 concerning the duties of a person whose license to practice law in Wisconsin has been suspended. 4 No. 1 2014AP2043-D